A G R E E M E N T. City of Pittsburgh, Pennsylvania facility, hereinafter called the Company, and the

Transcription

1 A G R E E M E N T This Agreement dated January 1, 2014 is between First Vehicle Services, Inc., at its City of Pittsburgh, Pennsylvania facility, hereinafter called the Company, and the Pittsburgh Joint Collective Bargaining Committee, hereinafter called the "Union".

2 INDEX SECTION TITLE PAGE 1 RECOGNITION 4 2 UNION SECURITY 4 3 MANAGEMENT 6 4 RESPONSIBILITIES OF THE PARTIES 7 5 GRIEVANCE PROCEDURE 9 6 ARBITRATION 12 7 SEVERABILITY 13 8 SENIORITY 13 9 SAFETY & BULLETIN BOARDS VACATIONS HOLIDAYS LEAVE OF ABSENCE OVERTIME HOURS OF WORK WAGES OTHER BENEFITS SCOPE RETIREMENT & COMPENSATION SAVINGS CLAUSE TERM OF AGREEMENT 55-2-

3 APPENDIX - TABLE OF CONTENTS TITLE PAGE APPENDIX A 56 SIDE BAR AGREEMENT - DRUG AND ALCOHOL TESTING 58 OTHER SIDE BAR AGREEMENTS 59-3-

4 SECTION 1 - RECOGNITION For the purpose of collective bargaining with respect to rates of pay, wages, hours and conditions of employment, First Vehicle services, Inc. (Company) at its Pittsburgh, Pennsylvania facilities operated under contract to the City of Pittsburgh, Pennsylvania recognizes the Pittsburgh Joint Collective Bargaining Committee (Union) as the exclusive representative for all employees identified in Section 15, engaged in the operations involving maintenance and repair of the facilities, vehicles and equipment owned and operated by the City of Pittsburgh, Pennsylvania, and excluding all office clerical employees, managers, guards and supervisors as defined by the National Labor Relations Act. It is the intent of the parties that the classifications of employees to be covered by this Agreement is limited to, but does not include all, of those classifications set forth in the bargaining unit certified on July 6, 1971, by the Pennsylvania Labor Relations Board (PERA R W). The term "employee" as used in this Agreement applies to all individuals occupying such jobs. In the event of the Company s sale or transfer of any operation or service to be provided by the Company with regard to maintenance, repair and /or related services involving City of Pittsburgh facilities, vehicles and equipment, the agreement by which the sale or transfer from the Company to a Transferee is accomplished shall provide that this Agreement shall continue in full force and effect and that the Transferee shall be fully obligated thereby to recognize the Union as the lawful collective bargaining representative of the employees. SECTION 2 - UNION SECURITY A. As a condition of continued employment, each new full-time and new part-time employee shall, thirty-one (31) calendar days after his or her date of hire, or thirty-one (31) -4-

5 calendar days after the effective date of this Agreement, whichever is later, become and remain a member in good standing of the Union. B. Full-time employees and regular part-time employees who have completed their initial thirty-one (31) calendar days of employment, and who are presently employed by the Company, shall as a condition of employment, become and remain members of the Union in good standing, but not sooner than thirty-one (31) calendar days after the effective date of this Agreement. C. Membership in good standing as used herein shall mean an obligation of an employee to pay periodic dues and initiation fees uniformly required, or in the event that the employee objects to full dues and initiation fees, only to the obligation to pay periodic dues and initiation fees, as required by current law. In cases of noncompliance with A or B, above, by any employee because the employee has failed to tender to the Union periodic dues and initiation fees as uniformly required by members of the Union in good standing, the Company agrees to discharge such employee not later than seven (7) calendar days following written notice from the Union. Prior to notice to the Company to discharge an employee for failure to tender periodic dues and initiation fees, the Union will provide the employee with reasonable opportunities to cure the failure, and shall subsequently provide the Company with copies of the written notices that were provided to the noncomplying employee if it requests the Company to discharge the employee. D. Upon receipt of a written authorization, voluntarily executed by an employee, the Company shall, pursuant to such authorization and at the expiration of the periods specified in A and B, above, deduct from the wages due said employee during each month, regular monthly dues, uniformly levied assessments, and the initiation fee fixed by the Union. -5-

6 E. The Union will provide written notice to the Company of the dues, uniformly levied assessments, and initiation fees to be deducted. The Company will remit said deductions to the Union within ten (10) days following the end of the month for which the deductions are made, together with a statement of all deductions made. F. The Union shall indemnify and save the Company harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Company in implementing the terms of this Section, including reliance by the Company upon written notification by the Union that an employee is not in good standing because of nonpayment of dues and/or initiation fees, or upon the authorization cards furnished to the Company and timely remittance of such deductions to the Union. SECTION 3 MANAGEMENT A. The Company shall have the right to manage and to direct the working forces including the right to schedule and assign work to be performed and the right to hire or re-hire, promote, recall, demote, suspend, discipline, discharge, transfer, or layoff employees. It is the intent of the parties that any rights, privileges, or obligations which are not specifically granted to the Union and the employees by this Agreement or by law are retained by the Company. It is understood, however, that the Company shall not discipline or discharge an employee except for just cause. The Company shall give the Union at least thirty (30) days written notice prior to the elimination of any existing job or the creation of any job. B. The Company may implement and enforce reasonable rules and regulations, or may modify or eliminate such rules or regulations, at any time so long as such rules or regulations are not in conflict with any specific provision of this Agreement. At least seven (7) calendar days before -6-

7 implementation of any new or revised work rule or regulation, the Company will provide a copy of the rule or regulation to the Union. The Company will meet with the Union to discuss the rule or regulation, if requested. The Company will provide each employee with a copy of the Company Rules and Regulations and will maintain a complete set of its Rules and Regulations for review by employees. The Union does not waive its right to contest the application or reasonableness of any rule or regulation issued by the Company through the grievance and arbitration procedures. C. When new equipment is purchased or rented by the City or Company, the Company will meet and discuss with the Union concerning the proper rate of pay for operating and repairing such equipment prior to its being placed in service. SECTION 4 - RESPONSIBILITIES OF THE PARTIES The Company, its officers and representatives at all levels, is bound to observe the provisions of this Agreement. The Union, its officers and representatives at all levels, is bound to observe the provisions of this Agreement. In addition to the responsibilities that may be provided elsewhere in this Agreement, the following shall be observed: A. Neither the Union nor the Company shall intimidate or coerce employees into joining the Union or continuing their membership therein. B. There shall be no discrimination, restraint, or coercion against any employee because of membership in the Union. C. During the term of this Agreement, there shall be no lock-outs. D. There shall be no Union activity on Company time, except as provided in the Grievance Procedure. -7-

8 E. During the term of this Agreement there shall be no strikes, work stoppages, or interruption or impeding of work. No officer or representative of the Union shall authorize, instigate, aid or condone any such activities. The Union shall not be responsible for any violations of these provisions which it has not authorized, instigated, or condoned through its officers or representatives at all levels. F. The applicable procedures of the Agreement shall be followed for the settlement of all grievances. G. The Company and the Union agree that no provision of this Agreement shall be applied to discriminate against any employee or with respect to hiring, compensation, terms or conditions of employment, because of an employee's age, race, color, religious belief, sex, national origin, political affiliation, or sexual preference. The parties agree that they will not limit, segregate or classify employees in any way to deprive any employees of employment opportunities because of race, color, religious belief, sex, national origin, political affiliation, sexual preference or age. The representatives of the Union and the Company in all steps of the grievance procedure and in all dealings between the parties shall comply with this provision. H. The Company shall send the Union a copy of each Announcement of Position Opening and Notice of Bid that the Company posts for openings in all classifications covered in the Agreement. I. Any change to the job duties of any position in this Agreement which appears on any announcement of Position Opening or Notice of Bid sent to the Union shall be specifically highlighted, and the immediately prior Announcement of Position Opening or Notice of Bid shall be sent along with the highlighted copy. The Union and the Company shall, at either party's request, meet during the posting period to discuss any violations of this Agreement or changes in wage rates -8-

9 necessary as a result of the posting of a change of job duties. If neither party requests to meet and discuss within the posting period, then the wage rates shall remain as listed in this Agreement and the position shall be filled in accordance with the provisions of this Agreement. If the Company and Union meet and discuss, and the matter is not resolved within the posting period, then the matter shall be subject to arbitration. Any change in wage rates as a result of the arbitration shall be retroactive to the date the position is filled. J. The parties recognize their duties and obligations under the Americans with Disabilities Act (ADA) including the need to reasonably accommodate individuals with disabilities. In order to accommodate the needs of individuals with disabilities it may be necessary for the parties to agree to certain modifications of the provisions of this Agreement. The parties agree to meet and discuss the need for such modification in specific situations. SECTION 5 - GRIEVANCE PROCEDURE A. The purpose of this section is: (1) to provide the opportunity for discussion of any request or complaint by an employee; and (2) to establish the procedures for the processing and settlement of grievances. A "grievance" as used in this Agreement is any complaint, dispute, or request by an employee or the Union which involves the interpretation, application of, or compliance with the provisions of this Agreement. Grievances must be initiated and processed promptly and the time limits observed, provided, however, that any time limit provided in the grievance procedure may be changed by mutual agreement of the parties. B. Step I Any employee who believes he has a justifiable grievance shall discuss it with his or her immediate supervisor within ten (10) workdays of the occurrence giving rise to the grievance, with or without the assistance of a grievance representative as the employee may -9-

10 elect, in an attempt to reach settlement. Step II If a grievance has not been satisfactorily resolved in Step I it may be presented in writing to the Operations manager, or designee, on a standard grievance form after the conclusion of the discussion with the employee's immediate supervisor, but not later than ten (10) workdays after the initiation of such discussion. The written grievance must be dated and signed by the affected employee or employees, (subject to the provisions of paragraph E) and should include the information and facts giving rise to the grievance. A grievance in Step II shall be promptly discussed at a mutually convenient time between the employee, his grievance representative and/or Union representative, and the Operations Manager, or designee, in an attempt to reach a settlement. The Company shall provide its response in writing to the employee, his or her grievance representative and the Union, within ten (10) workdays after the meeting. If the grievance is not answered within ten (10) workdays from the date of such meeting, the grievance shall be considered denied and appealable to Step III. If the Company s decision to deny is not appealed, the grievance shall be considered settled on the basis of the decision last made. Step III A grievance may be appealed by the Union within ten (10) workdays after receipt of the Company s written answer in Step II. A Union representative and the General Manager, or designee, shall discuss said grievance following receipt of a written appeal by the Union at a meeting to be scheduled for such purpose, within ten (10) workdays after the Company receives the Union s Step III appeal. Grievances discussed in such meetings shall be answered by the Company within ten (10) workdays after the date of such meeting. If the grievance is not answered within ten (10) workdays from the date of such meeting, the grievance shall be considered denied and appealable to Arbitration. If the Company s decision to deny is -10-

11 not appealed within ten (10) workdays after the Union s receipt of the Company s Step III written response, the grievance shall be considered settled on the basis of the decision last made. D. Multiple Grievances and Union Grievances (1) In order to avoid the necessity of filing numerous grievances on the same subject or event, or concerning the same alleged contract violation occurring on different occasions, a single grievance may be processed and the facts of alleged additional violations including the dates thereof may be presented in writing in Step II, by an individual or the Union. When the original grievance is resolved in the grievance or arbitration procedure, the parties shall review each pending claim in light of the decision in an effort to dispose of them. If any such claim is not settled, it shall thereafter be considered as a separate grievance and processed in accordance with the applicable procedure and the applicable time limitations. (2) Where the grievance alleges a violation of the obligations of the Company to the Union as such, the grievance shall be signed by a Steward or Union representative instead of an affected employee. E. The Union shall certify to the Company in writing the names of two (2) authorized grievance representatives designated as stewards. F. To the extent reasonable under existing business conditions, authorized stewards will be allowed time off without pay to attend grievance meetings and to visit other Company work sites for the purpose of transacting grievance business after notice to the supervisor at the work site to be visited and permission from the steward s supervisor. However, if the Company schedules a grievance meeting during a steward's working hours, then the steward will receive pay for the time in the meeting. No more than one steward will attend any grievance meeting with pay. A steward may have a reasonable amount of time to discuss grievance business with -11-

12 his or her own immediate supervisor during the workday without loss of pay, subject to the needs and schedule of business of the Company. The Union's Step III representative shall have access to Company s facilities at reasonable times to investigate grievances with which he or she is concerned. I. Employees required by the Company to be in attendance at grievance meetings or arbitration proceedings shall be compensated at the regular hourly wage rate for such time and such time shall not be used for the calculation of overtime or any other purpose. Whenever a grievance meeting must be held during a grievant's regular work hours because the Company will not meet outside those hours, the grievant shall be paid for time spent attending the meeting. SECTION 6 - ARBITRATION Any grievance that has been processed in accordance with the provisions of the preceding Section of this Agreement, but not satisfactorily settled shall be submitted to arbitration before an impartial arbitrator to be selected by mutual agreement of the parties. If, within twenty (20) workdays (or longer period if mutually agreed upon) after receipt of such written request, the parties are unable to agree upon an arbitrator, the Director of the Federal Mediation and Conciliation Service shall be requested to submit the names of nine (9) disinterested persons qualified and willing to act as impartial arbitrators. From such list the Company shall strike first and the parties shall each alternately strike one name until eight (8) names have been eliminated and the person whose name remains on the list shall be selected to act as the impartial arbitrator. The arbitrator shall submit his decision, in writing, and the decision of the arbitrator so rendered shall be final and binding upon the employee involved and upon the parties to this Agreement except where legislative action is required to implement the arbitrator's award. Where a dispute relates to the scale of wages or benefits in any -12-

13 way, any decision rendered shall not be retroactive more than ninety (90) days beyond the date on which the dispute was first presented as a grievance in writing. The fees and expenses of the arbitration shall be borne in equal shares by the Company and the Union. The arbitrator shall not have the right to add to, subtract from, modify, or disregard any of the terms or provisions of this Agreement. In arbitration the Company will not make use of any records of previous disciplinary action against the employee involved if the action was taken more than eighteen (18) months prior to the event which is the subject of such arbitration. SECTION 7 - SEVERABILITY It is not the intent of either party to violate any laws or any rulings or regulations of any governmental authority or agency having jurisdiction of the subject matter of this Agreement. The parties hereto agree that in the event any provision of this Agreement is held to be unlawful or void by any tribunal having the right to so hold, the remainder of this Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portions of this Agreement. SECTION 8 SENIORITY A. The parties to this Agreement recognize that job seniority in event of promotions, layoff, and recalls after layoffs should increase in proportion to length of continuous service, and that in the administration of this Section the intent will be that wherever practicable, full consideration shall be given continuous service in such cases. In recognition, however, of the responsibility of the Company for efficient operations it is understood and agreed that in all cases of promotion, layoffs, -13-

14 or recalls after layoffs, the following factors as listed below shall be considered; however, only where Factor 2 is relatively equal between employees shall Factor 1 be the determining Factor: (1) Length of continuous service. (2) Ability to perform the work. It is understood that promotions shall reference promotions within the bargaining unit only. B. Continuous service shall be calculated and seniority shall be applied in conformance with the following: (1) There shall be three (3) seniority units as follows: (a) Crafts - The craft unit shall be composed of all craft jobs, all apprentice and all machinist jobs. (b) Drivers - The drivers unit shall be composed of all jobs for which the primary responsibility is the operation of an automobile, truck, sweeper, tractor trailer or vactor other than the original vactor. (c) Laborers - All jobs not in the craft or drivers unit shall be in the laborers unit. (2) (a) Continuous service in the craft unit shall be calculated from the date of first employment in any craft job within the unit. (b) Continuous service in the drivers unit shall be calculated from the date of first employment in the drivers unit. (c) Continuous service in the laborers unit shall be calculated from the date of first employment in the laborers unit. -14-

15 (d) When two or more employees have equal continuous service in a seniority unit, continuous service shall be determined by seniority with the PJCBC. (3) Continuous service shall be broken by: (a) Quit - provided that if the employee is rehired within fifteen (15) days, the break in continuous service shall be removed. Absence for three (3) consecutive workdays without notice to the Company shall constitute a quit, unless failure to give notice was due to exigent circumstances. (b) (c) Discharge for just cause. For employees hired prior to 1/1/07, by absence due to a non-work related physical disability and/or a resulting transitional duty assignment (or any combination thereof) for more than eighteen (18) consecutive months or greater than sixteen (16) months in a twenty-two (22) month period. For employees hired on or after 1/1/07, by absence due to a non-work related physical disability and/or resulting transitional duty assignment (or any combination thereof) for more than twelve (12) months. (d) For employees hired prior to 1/1/07, by absence due to a work related physical disability, transitional duty assignment and/or layoff (or any combination thereof) for more than twenty-four (24) consecutive months or greater than twenty-two (22) months in a twenty-eight (28) month period. (Employees suffering both work related and non-work related injuries shall have all disability time calculated as work-related and break service in accordance with the time limitations set forth in this paragraph.) -15-

16 For employees hired on or after 1/1/07, by absence due to a work related physical disability, transitional duty assignment and/or layoff (or any combination thereof) for more than a twelve (12) month period. (Employees suffering both work related and non-work related injuries shall have all disability time calculated as work-related and break service in accordance with the time limitations set forth in this paragraph.) (e) An employee who is promoted to a higher bargaining unit classification and then demoted within ninety (90) days of such promotion, shall not have a break in their continuous service. C. (1) When permanent vacancies occur, new positions are created, or any employee is assigned to work a higher paid job for more than forty-five (45) out of sixty (60) workdays, the vacancies, new positions, or assignment to a higher paid job for more than forty-five (45) out of sixty (60) consecutive work days shall be posted by the Company for five (5) workdays. If an employee is interested in being considered for the position, he must file a written application with the Company within ten (10) workdays of the posting of the notice. Posting shall be by Notice of Bid which shall set forth the Department and Bureau where the positions are located and the amount of time for which the bid will be in effect. (2) Vacancies in new or existing positions as determined by the Company shall be awarded to the senior qualified employee bidding from within the Department and seniority unit in which the vacancy occurs. If no qualified employees in the Department bid on the vacancy, the vacancy shall be awarded to the senior qualified seniority unit employee bidding from outside the Department. If no qualified employees bid from the seniority unit in which the vacancy occurs, the -16-

17 vacancy shall be awarded to the senior qualified bidder in the bargaining unit on the basis of continuous service as an employee with the Company in any job. (3) Assignments to a higher paid job for more than forty-five (45) workdays shall be made to the senior qualified employee bidding from within the Department and seniority unit in which the assignment is to be made within sixty (60) days of the posting of the assignment. If no qualified employees in the Department and seniority unit bid on the assignment, the assignment shall be made to the senior qualified bargaining unit employee within the Department on the basis of continuous service in the bargaining unit. (4) The Union will be notified within thirty (30) days of the name(s) of any employee(s) promoted within the bargaining unit. (5) If the Company reorganizes its operations and transfers positions from one Department to another Department or within a Department, then the positions which are transferred to the second Department shall be filled by transferring those employees holding positions of the same job title from the first Department or location who have the least continuous service in the seniority unit, provided that a more senior employee from the first Department in the job title does not bid upon the position. (6) An employee who has transferred between Departments or within a Department shall not be permitted to transfer again, either between Departments or within a Department, for ninety (90) days from the date of his or her last transfer. D. New employees, including those hired after a break in continuity of service, shall be regarded as probationary employees for the first ninety (90) calendar days. During such period such employees may be disciplined, laid off or discharged as exclusively determined by the Company. E. Layoffs -17-

18 (1) In the event of layoffs, the Company shall reduce position(s) by job title and individual Department. The employees in the job title with the least continuous service in the seniority unit shall be subject to layoff under Section 8(E)(2) or transfer under Section 8(E)(3) whichever is applicable. (2) The Company shall layoff employees not in the laborers or drivers seniority unit by job title throughout the Company in inverse order of continuous service in the seniority unit. The Company shall layoff all other employees with the least continuous service in the same seniority unit as the reduced position(s) from any Department throughout the Company, regardless of job title. No employee shall be laid off from a position in a job title that has not been reduced under Section 8(E)(1) if no senior employee eligible for transfer under 8(E)(3) is qualified to fill the position. (3) Employees who hold reduced positions and who are not laid off pursuant to 8(E)(2) shall be transferred to other positions in any Department in accordance with the needs of the Company, as solely determined by the Company, for a period not to exceed ninety (90) work days. Such employees shall be paid the rate of pay of the position to which they are transferred. An employee who refuses a transfer under this provision shall be deemed to have quit. (4) After layoffs and temporary transfers, permanent positions shall be awarded in the following manner: The Company shall post a list of available positions in each seniority unit that it wishes to fill, which may include positions which are temporarily filled and positions filled by employees junior and of equal or lower pay rate to those employees who have been temporarily transferred. The list shall be arranged by positions, including temporarily filled positions, in order of the continuous seniority unit service of the employee filling the position. The list shall show the job title of the position, the Department and Bureau, Division or Section in which it is located, and the seniority unit start date of the employee then filing the position, but shall not identify the employee -18-

19 then filling the position. The Company shall post the list for ten (10) working days and provide a copy of the list to the Union. The Company shall notify each employee whose position is on the list of this fact in writing. On a bid sheet provided by the Company, each temporarily transferred employee shall rank, in order of preference, each position held by a junior employee for which the bidding employee is qualified. Beginning with the bidding employee with the longest continuous service in the seniority unit, the Company shall award to each bidding employee the highest ranked position on the employee's bid sheet which is still available to be awarded. After temporarily transferred employees bid, each employee displaced by a temporarily transferred employee shall bid in accordance with the procedure used by temporarily transferred employees. The Company shall assign any employee displaced by the second round of bidding in accordance with the needs of the Company, as solely determined by the Company. (5) An employee is qualified for a position under Section 8(E) if the position is one with a pay rate equal to or lower than the employee's last permanent position before layoffs began and the employee permanently held a position of the same job title at some time before the layoffs began. An employee shall not be considered qualified unless he specifically states that he is qualified for the position on his or her bid sheet. (6) Employees on layoff shall be recalled to vacant positions, as determined by the Company, for which they are qualified, in order of seniority. An employee who declines a recall from layoff shall be deemed to have quit. (7) Employees on layoff shall be permitted to bid on promotions, transfers and new positions while on layoff. An employee on layoff who declines a successful bid shall be deemed to have quit. -19-

20 F. Transfers and Shift and Vacation Selection - (1) Preference on vacation selection will be given to employees with the longest continuous service as provided in Section 10-B Vacation Selection. (2) Employees shall be eligible to bid on promotional vacancies, new positions, and on transfers from one Department to another under Section 8-C above, whether or not it would result in a demotion to said employee. The Company shall notify the successful bidding employee of his or her selection to the open position in writing, including the location of said position. The employee so selected must accept the position in writing within three work days of the Company's written notice to him or her. The three work day limit shall begin to run on the first work day following the employee's receipt of the Company's written notice. The employee's failure to accept the position in writing within the three work days shall constitute a rejection of the position unless the employee provides a reasonable excuse for his or her failure to accept the position, and the position shall be awarded to the next most senior qualified bidder. Disputes over this provision shall be taken up initially at Step III of the grievance procedure. (3) When it is necessary to temporarily transfer an employee from one garage or location to another the employee so transferred shall be the employee with the least continuous service in the bargaining unit unless the Company determines that some special skill or ability is needed which the employee with the least continuous service in the bargaining unit does not possess. (4) The Company shall allow employees to request and if possible and practical, to be granted transfers from one location to another within a department prior to the posting of permanent vacancies under Section 8-C above. -20-

21 G. Shift and Section Selection. Seniority will apply to shift and section selection, if the senior employee who selects the particular shift and section has the necessary skills and qualifications to perform the job for which he or she is applying (1) If a vacancy at a location occurs as determined by the Company, any seniority unit employee working at said location may request assignment to the shift on which the vacancy occurs. The Company shall grant the shift assignment to the employee with the longest continuous service in the seniority unit working at the location at which the vacancy occurs. (2) An employee transferred from one location to another at the direction of the Company retains full continuous service for the purposes of shift selection. (3) An employee who is transferred from one job location to another due to the employee's personal request may not use his continuous service to displace another employee for the purpose of shift selection as a result of that initial move. However, upon relocation to the new job location, should future shift assignments become available, an employee's bargaining unit or subunit seniority will be recognized. (4) Under no circumstances can one employee bump or displace another employee for the purpose of shift selection. (5) Newly hired employees may be assigned to work on any shift during the probationary period but must be assigned on the basis on this paragraph thereafter; any employee who is promoted may be assigned to work on any shift for the first thirty (30) calendar days of the trial period in the new position, but must be assigned on the basis of this paragraph thereafter. H. The Company shall supply the Union with a list of all newly hired persons arranged by seniority unit, which shall give the person's job title, job location and social security number. -21-

22 I. Any sentence or clause of this Article held to be illegal because of the passing of the Americans with Disabilities Act will be deemed not valid; however, the remainder of this Section shall remain in full force and effect for the entire term of this Agreement. J. Transitional Duty 1. Transitional duty shall be those assignments to perform duties other than those associated with the bargaining unit member s regular position due to the bargaining unit member s medical inability to perform the essential functions of his or her regularly held position. Transitional duty as defined herein shall apply to all disability and/or worker s compensation claims submitted on or after January 1, Employees who return to work in a transitional duty position will be paid at the rate associated with the transitional duty position. If the assignment to the transitional duty position is made as a result of a compensable work related injury and if the rate associated with the transitional duty position is less than the employee s standard pay rate, the difference between the two wages shall be paid in accordance with applicable workers compensation law. 3. Employees in a transitional duty position shall not be eligible for premium pay opportunities and shall not be guaranteed a minimum number of hours if otherwise limited by supervising physicians. K. The Company will continue to recognize previous time served with the City of Pittsburgh, so long as there was no break in service from the Company since the inception of the Company s contract with the City of Pittsburgh. L. Rather than use the general seniority list when on-call work is needed, the Company will first utilize on-call employees. Employees will be able to voluntarily sign up for a weekly on-call list. Based on seniority rotation, a name or names from the on-call list will be selected to be on-call -22-

23 for the week. On-call employees must immediately respond to and accept requests for extra work while they are on-call. On-call employees will be paid a weekly on-call premium of $75, regardless of whether they are asked to perform any extra work. Procedures and time periods for adding or removing employees name from a yearly on-call list shall be established by Letter of Agreement between the parties. If no employees sign up for the on-call list the Company will go back to the current system of calling out by seniority SECTION 9 - SAFETY AND BULLETIN BOARDS A. The Company agrees to enforce precautionary measures to protect the safety and general well-being of the employees so that the hazards of work shall be minimized. The Company recognizes its obligation to comply with applicable safety laws mandated by the State and Federal governments. B. Those employees designated by the Union as grievance representatives in accordance with Section 5-F will be recognized as the appointed safety representatives for the Union when discussing safety matters. Discipline imposed for an employee's refusal to work because of an issue of job safety shall be taken up directly in Step 3 of the grievance procedure no later than forty-eight (48) hours after the imposition of such discipline. No employee shall be disciplined for raising a valid issue of job safety. C. The Company shall continue to provide reasonable bulletin board space for the posting of official Union notices consistent with the terms and conditions of this Agreement. D. Where the Company determines that uniforms and/or safety equipment are necessary for the performance of an employee's duties, the Company shall provide same except for safety footwear. Any such uniforms or safety equipment shall be replaced by the Company as they wear -23-

24 out due to normal usage or where they are irreparably damaged through no negligence or carelessness of the employee. An employee shall be responsible for any item lost or damaged through carelessness. No employee may be required to pay for such lost or damaged items. F. Each Departmental Safety Committee shall meet once each month. Minutes shall be taken at each meeting and each member of the Committee will receive a copy of the minutes. G. For so long as the Pennsylvania Right-to-Know Act, 35 P.S et seq. is in effect and applies to the Company, the Act is incorporated into this Agreement by reference. SECTION 10 - VACATIONS A. Vacation Entitlement Each employee shall be entitled to vacation with pay after one (1) year of service from the beginning date of employment and during each subsequent calendar year (January 1 through December 31) thereafter as follows: Years of Completed Service Calendar Weeks of Vacation One (1) through four (4) Two (2) Five (5) through nine (9) Three (3) Ten (10) through fourteen (14) Four (4) Fifteen (15) or more Five (5) B. After an employee has worked one (1) year after the beginning date of employment, each employee who is paid for less than 260 days but more that 90 days in a subsequent calendar year shall receive vacation pro-rated to the next whole day by the actual days paid. Time spent at work, on Worker's Compensation, Accident and Sickness leave, sick leave, death leave, military -24-

25 leave, jury duty leave, personal leave, and vacation leave shall count as a day paid. Time spent on Long Term Disability Leave shall not count as a day paid. C. Vacation Selection (1) Prior to December 15 each year each employee shall specify in writing his vacation preference for the vacation to which he is entitled for the following year. Vacations may be scheduled throughout the calendar year. (2) Preference on vacation selection will be given to the employees with the longest continuous service. Continuous service shall be calculated on a unit basis as provided in Section 8-B. Vacations scheduled during peak periods may be limited to two (2) weeks if necessary to provide vacations during those periods for as many employees as possible. Company Department heads have the final discretion reasonably to allot vacation periods as between seniority unit members and to change such allotments in order to meet the needs and schedule of business of each department, but such allotment or change shall not be arbitrary or capricious. (3) No later than January 1 of each year notice of the vacation periods scheduled for each employee shall be posted on the bulletin boards in each location. (4) An employee who will complete a year of service which will entitle the employee to an additional week of vacation need not wait until the anniversary date of hire to use the additional week of vacation. The scheduling of the additional week of vacation is otherwise subject to the limitations of subsection C(2) above. D. If an employee works during a scheduled vacation, such employee shall have the option of rescheduling such vacation or being paid for the vacation and paid at the overtime rate of one and one-half times the regular rate of pay for all hours actually worked. -25-

26 E. An employee who actually works at least one (1) day in the year vacation is due to be used, becomes ill prior to the start of his/her scheduled vacation period, and misses vacation because of being on accident and sickness leave, long term disability or worker's compensation leave shall have the option, upon satisfactory proof of illness sufficiently serious to interfere with vacation plans, to reschedule vacation. An employee who cannot reschedule vacation will receive the difference, if any, between the pay for the leave and pay for the vacation period scheduled. Payment will be made in January of the following year. No vacation shall be rescheduled if the rescheduling would interfere with another employee's vacation, the efficient operation of the Company or would extend the vacation period into the following calendar year. F. An employee who actually works at least one (1) day in the year that vacation is due to be used and is separated from the service of the Company for any reason prior to taking his/her vacation, shall be compensated in a lump sum payment for the unused vacation that is due to be used in the year of separation. G. An employee who does not actually work at least one (1) day in the year that vacation is due to be used shall not receive pay for the vacation. Provided, however, that an employee unable to work due to illness or injury shall receive pay for accrued vacation based on the number of days actually worked in the previous year. Payment shall be made in January of the following year. H. No vacation time may be carried over into the next year. I. Employees with three (3) or more weeks of vacation shall be entitled to utilize one (1) week of vacation in single days. These days must be scheduled in accordance with Section 10(c)(1) or requested at least seventy-two (72) hours in advance. If the one (1) week of vacation or any part thereof is not taken prior to the time scheduled pursuant to paragraph 10(C)(1) above, employees -26-

27 will be required to take this week of vacation as scheduled pursuant to Section 10, paragraph 10(C)(1). SECTION 11 - HOLIDAYS A. Each employee shall be entitled to the following holidays: (1) New Year's Day (2) Washington's Birthday (3) Good Friday (4) Memorial Day (5) Independence Day (6) Labor Day (7) Veteran's Day (8) Thanksgiving Day (9) Christmas Day (10) Martin Luther King Jr.'s Birthday (11) Floating Holiday The Floating Holiday must be scheduled in advance with a supervisor or manager and must be used by the end of the calendar year. There will be no carryover or payout provisions that apply to this or any other Holiday. B. With the exception listed in Section G of this Article, all work performed on the day on which a holiday is legally observed shall be paid for at the overtime rate of three (3) times the regular rate of pay. An employee called out to work on a holiday shall be guaranteed at least eight (8) hours pay at the overtime rate of three (3) times the regular rate of pay. -27-

28 C. An unworked holiday shall be paid on the day on which the holiday is legally observed and shall not be counted as a vacation day in Section 10-Vacations. In order to qualify for such unworked holiday pay the employee must have worked his last scheduled shift on a workday immediately preceding and the first scheduled workday immediately following the holiday or day observed as such unless his failure to perform such work was authorized or directed by the Company. D. An unworked or worked holiday shall be counted in the calculation of overtime as provided in Section 13-E. E. When a holiday falls during an employee's vacation period it shall not be charged against the vacation period and the employee shall be entitled to a day of vacation on another date. F. When a holiday falls on a Saturday, it shall be observed on the preceding Friday; when a holiday falls on a Sunday, it shall be observed on the following Monday. G. The Company may schedule up to four (4) technicians to cover Refuse on President s Day, Good Friday and Veteran s Day. These technicians working will receive time and one half (1½) for all hours worked on these days. In addition, an employee who works on one of these holidays will earn a floating holiday. SECTION 12 - LEAVE OF ABSENCE A. Leave Due to a Death (1) An employee shall be granted three (3) days absence from work without the loss of pay to attend funeral services whenever a death occurs in the employee's immediate family. Immediate family is defined to mean spouse, child, spouse of child, parent, parents of spouse, brother, sister, grandparent, grandchild or step-parents. -28-

29 (2) An employee shall be granted a one (1) day absence from work without loss the loss of pay to attend the funeral service of the employee's brother-in-law or sister-in-law. B. Jury Duty Leave Any employee ordered to report for jury duty shall be granted a leave of absence from his regular duties during the actual period of such jury duty and shall receive the difference between any jury duty compensation received and his regular daily wage for each day of jury service. C. Military Leave Any employee called to short-term active duty by the military reserves or the National Guard will be granted time off for the duration of the active duty as designated by the reserve or National Guard. For purposes of this policy, short-term military duty includes annual reserve training with the military or National Guard, and reservists or members of the National Guard called to active duty for a period less than 31 days. The Company provides make-up pay to eligible employees who are required to serve on short-term military duty only, if the amount the employee is paid by the military is less than the amount that would have been received from the Company for working their normal schedule during the period of active military duty. D. Personal Leave 1) a) Each employee on the payroll on January 1 shall accrue three (3) days of personal leave time as of January 1 of each year in lieu of Lincoln's Birthday, Flag Day and Columbus Day. b) Employees hired, rehired, reinstated, or recalled after January 1 shall accrue for that year three (3) days of personal leave time if hired between January 1 and March 31; two (2) days of personal leave time if hired between April 1 and June 30; and one (1) day of personal leave time if hired between July 1 and September

30 c) Each employee covered by the provisions of Paragraphs E 1) and 2) of this Article shall earn one-half (1/2) day personal leave time for each full calendar month that the employee is compensated in full by the Company. Compensated in full is defined to include any authorized or excused absence including sick leave, vacation, jury duty leave, funeral leave, military leave, personal leave, short term disability leave, Worker's Compensation or an unpaid but authorized absence from work of one day. Compensated in full does not include other unpaid leave or long term disability leave. d) An employee may not accrue more than twelve (12) days under this provision. The Company will pay for any personal leave accrued over nine (9) days at the end of each calendar quarter at the regular daily wage rate in effect at the time. Such payment shall be made by separate check. 2) Personal leave time off must be requested in writing on a form provided by the Company at least seventy-two (72) hours in advance of the time requested unless due to sudden illness or emergency. Such requests for personal leave time off shall be responded to by the Company within forty-eight (48) hours of the request. Final discretion to schedule personal leave time off shall rest with the Company, but such requests shall not be arbitrarily or capriciously denied. In the event that more requests are received than can be allowed for the same day then the time off shall be awarded on the basis of seniority. Personal Leave may not be used in units of less than one quarter (1/4) of a day. 3) If an employee works on a scheduled personal leave day, such employee shall have the option of rescheduling the personal leave day or being paid for the personal leave day and paid at the overtime rate of one and one-half the regular rate of pay for all hours worked. -30-

31 4) An employee separated from the service of the Company for any reason prior to using accrued personal leave shall be paid in a lump sum for the accrued unused personal leave at the regular daily wage rate in effect at the time. E. Sickness and Accident Leave 1) The Company shall provide each employee covered by this subparagraph with a short and long term disability insurance plan providing the following benefits: (a) 1. An employee who has completed three (3) months of continuous full time employment and has actually worked one (1) additional day shall be covered by short term disability insurance providing benefits described in sub-section a(2) immediately below for non-work related illness or injury that occurs after the insurance coverage begins. (a) 2. Beginning on the eighth day of any certified non-work related disability, the employee shall receive sixty-six and two thirds percent (66 2/3%) of his or her base wages per week for the number of weeks contained in the following table: Length of Continuous Service Weeks of Benefit Payment 1 day to 90 days 0 weeks 3 months to 1 year 8 weeks 1 year but less than 2 years 15 weeks 2 years but less than 4 years 20 weeks 4 years and over 26 weeks (b) LONG TERM DISABILITY INSURANCE An employee who has completed five (5) years of continuous full-time employment and has actually worked one additional day shall be covered by long term disability insurance for non work-related illness or injury that occurs after the insurance coverage begins and -31-