PART I -- GENERAL PROVISIONS
These Conditions of Employment constitute the agreement by and between the
Greater Cleveland Regional Transit Authority (hereinafter "Authority") and the
Amalgamated Transit Union Local 268 (hereinafter the "Union") covering employees of the
Authority represented by this Union.
Article 1. Preamble
Section 1. This agreement is entered into by and between the Greater Cleveland Regional Transit Authority and the Amalgamated Transit Union, Local 268. Both parties to this Agreement commit to cordial relations and cooperation in solving the problems of the Authority as well as the members of the Union. Both parties agree to be fair and just in all their dealings.
Section 2. The purpose of this agreement is to mutually establish the terms and conditions of employment and the rights and responsibilities of the parties to the agreement. Furthermore, it is the intent of this agreement to engender a spirit of cooperation, to pursue employee involvement and continuous improvements in service and product, and to establish harmonious relationships between the parties in order to serve our mutual goal of cost-effective, safe and reliable transportation to the public.
Section 3. Cooperation and involvement efforts require the sharing of relevant information concerning the condition and direction of the Authority. Upon written request, Union Officers shall be furnished relevant financial information, proposed business plans and other materials, which are important for understanding the Authority's current position and future plans. The parties recognize and accept their responsibility to work to improve the economic performance of the Authority in ways that serve the interests of customers, employees, and the general public.
Section 4. The parties to this agreement recognize that it is in their common interest to promote the positive image of the Greater Cleveland Regional Transit Authority. To that end, both sides agree that all employees, while in the course and scope of their duties and/or while in uniform, or otherwise representing themselves as an Authority spokesperson, will conduct themselves in a professional and respectful manner in an effort to advance the goals and objectives of the Authority, and provide "Quality Service: to Every Customer, Every Day."
Article 2. Purpose of Provisions
The purposes of these Conditions are: to assure efficient, effective and dependable transit service to the public; to provide the employees with working conditions as good as may be reasonably possible; to protect the interest of the Authority and the public; to provide a procedure for adjusting grievances or disputes arising from or pertaining to employment at the Authority; to prescribe the wage rates and working conditions for employees to whom these Conditions are applicable; and to set forth various other provisions relative to the rights, privileges, duties and obligations of the Authority and the employees.
Article 3. Recognition
Section 1. The Authority recognizes the Amalgamated Transit Union Local 268 as the exclusive collective bargaining representative for all bargaining unit employees in Grades 1-6.
Section 2. For the purposes of discussing and conferring with respect to any matter which concerns the Authority-employee relationship but subject to such other conditions, rules and provisions of law as may be properly applicable thereto, the Board of Trustees, or its representatives duly authorized in the premises, will meet with such persons associated with Local 268 of the Amalgamated Transit Union, as may be duly designated by such Local 268 to act upon behalf of those employees of the Authority who .have completed the probationary period, as described by the Merit System Rules, and whose occupations are in Grades 1-6.
Section 3. In the event new State legislation is enacted during the term of this agreement which permits the imposition of mandatory union membership, the Authority and Local 268 will negotiate and implement a union security provision which is consistent with such legislation.
Article 4. Gender Clause
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.
Article 5. Employees' Representatives Pension, Pay and Benefits
Section 1. The Authority shall carry on the office payroll, at salaries as specified by the Union, the President of Local 268, the Financial Secretary-Treasurer, and the Assistant Business Agent Operations, and the Assistant Business Agent Non-Operations.
Section 2. The Authority shall deduct such amounts from funds collected from Local 268, as union dues, sufficient to reimburse the Authority for the above mentioned salaries; the .Authority's contributions to Social Security, if applicable, and to Medicare and to the Public Employees' Retirement System; and the Authority's and employees' costs for hospital-medical- surgical, prescription drug, dental, vision, health and accident, life and any other insurance or other employee benefits.
Article 6. Restoration of Employees' Representatives
Any employee elected or appointed to an office in Local 268 of the Amalgamated Transit Union or in the International Amalgamated Transit Union upon leaving from said office, shall be placed in his/her former employment or in an equivalent position with the Authority.
Article 7. Union Check Off
Section 1. From the pay of each employee who, in writing, authorizes and directs the Board of Trustees so to do, the Authority, on the first pay day of each month, will deduct such a sum for Union dues and assessments as the employee authorizes, directs and assigns. Such assignment shall be effective for the duration of this Agreement and may only be revoked by the employee by giving no more than sixty (60) days and no less than thirty (30) days notice in writing prior to the expiration of this Agreement. The Authority will accept any such assignment, and will forward the amount thus deducted to Local 268 of Amalgamated Transit Union or to the designee of said Local 268 provided, however, that the amount assigned and deducted shall be only for dues and assessments payable to said Local 268 by said employee-members. After making the deduction assigned, authorized and directed as provided for in the preceding paragraph, the Authority will forward the sums thus deducted to the assignee indicated within four (4) days after the pay day upon which the deduction is authorized and directed to be made.
Section 2. Any employee who elects not to join the Union shall pay an agency fee as a condition of employment.
Section 3. The agency fee shall be equal to the dues and general assessments paid by Union members.
Section 4. The Authority shall deduct and forward the agency fees in accordance with Section 1 of this Article.
Article 8. Continuity of Service to the Public
During the effective term of these Conditions and pending settlement of any dispute over demands or requests for changes in these Conditions, the Authority shall not cause or permit any lockout of its employees, and neither the employees nor their representatives shall call, sanction, assist or engage in any strike, slow-down or stoppage of work, operations or service of the Authority, or in any manner sanction, assist or engage in any restriction or limitation of the work, operations or service of the Authority.
Article 9. Grievance Procedure
Section 1. Any employee to whom these Conditions are applicable who feels aggrieved because he has been discharged or suspended by the Authority, or because of what he believes is a misapplication or misconstruction of the terms or intent of the Conditions of Employment herein provided for may proceed in the following manner (unless any step is waived by mutual consent), provided that orders of authorized representatives of the Authority shall be complied with while carrying out the grievance procedure.
Section 2. The Authority and the Union agree that time is of the essence in resolving grievances and disputes. The Authority and the Union further agree that the failure of either party to conform to the time limitations set forth in Part I, Article 9 shall be construed as an admission that the failing party does not have a valid and legitimate position, and the grievance shall be forfeited in favor of the other party, unless the time limitation is extended by mutual written agreement. Time limits set forth in this Article shall exclude Saturday, Sunday and holidays.
Section 3. Grievance Procedure:
Step 1. Any bargaining unit employee may file a written grievance personally or through a representative of the Amalgamated Transit Union, Local 268. If a bargaining unit employee files a grievance personally, they may present the grievance and have it adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and as long as the bargaining representatives have the opportunity to be present at the adjustment. It is further understood that RTA agrees not to enter into any other agreement or contract, written or oral, with its bargaining unit employees individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. The grievance shall be presented in writing on a mutually agreed upon Form to the employee's immediate manager or non-bargaining supervisor within ten (10) days of the event that is the source of the grievance. Such written grievance shall set forth specifically the alleged facts, act or failure to act giving rise to the grievance as well as the specific Article and Section of the Conditions of Employment alleged to have been violated by the Authority. Every effort shall be made to settle grievances at Step 1. The Authority shall provide a copy of the disciplinary form to the Union in the event of any filed grievances or at the request of the Union. The Union shall be notified of the time and place of a hearing to be held within ten (10) days of the date which the grievance is received. The manager or supervisor shall notify the employee or his representative of the decision within fifteen (15) days of the hearing.
Step 2. Appeal from the answer of the manager or non-bargaining supervisor shall be made to the District Director or Department Head or his assistant from the department in which the grievance originated within ten (10) days of the date of answer by the manager or non- bargaining supervisor. The employee or his representative shall be notified of the time and place of a hearing within ten (10) days of the date which the appeal is received. The District Director or Department Head or his assistants shall notify the employee or his representative of the decision within ten (10) days of the hearing.
Appeal from the decision of the District Director or Department Head or his/her assistant shall be made in writing to the Deputy General Manager or his assistant no later than ten (10) days after notice of the decision by the District Director or Department Head or his assistant. The Deputy General Manager or his assistant shall hold a hearing and! or issue a written decision within twenty (20) days after the appeal is received.
Step 4. Appeal from the decision of the Deputy General Manager or their assistant may be made to the CEO/General Manager as delegated to the Director of Labor and Employee Relations or his assistant within ten (10) days of the date upon which notification has been given of the decision of the Third Step Hearing Officer. The Director of Labor and Employee Relations or his assistant will conduct a monthly grievance meeting in order to hear all grievances filed within the previous month at his Step. This meeting will be conducted the first Tuesday of each month and the 4th Step Hearing Officer will render a decision in writing within 30 days.
Alternatively, the Director of Labor & Employee Relations with Local 268's approval shall have authority to refer any Step 4 grievance to mediation for review and resolution. Mediation shall be voluntary on the part of the Authority and Local 268, and shall be mediated by a neutral party (e.g. FMCS). The parties agree to mutually share the cost of the mediation. The parties further agree that the resolution reached by the parties shall be in writing, and shall be the final and binding resolution of the grievance. If the mediation is unsuccessful, the 4 Step shall be waived and the parties shall be entitled to proceed directly to arbitration in accordance with Part I, Article 10.
Article 10. Arbitration
Section 1. Any dispute, claim, grievance, or difference between any employee or employees of the Authority who have chosen to be represented with respect thereto by Local 268 of the Amalgamated Transit Union on the one hand and the management of the Authority on the other hand which may arise out of, or relate to, any condition of employment contained herein, at the request of either party to any such dispute, claim, grievance or difference shall be submitted to arbitration for consideration and determination. The request for arbitration must be made within forty-five (45) days following receipt of the Step 4 response.
- The request that the matter be referred to arbitration shall not be made until such employee or employees or the representative of such employee or employees and the management shall have conferred with respect thereto and have attempted to settle and resolve the matter over a period of at least ten (10) days, prior to such request, and in the case of a grievance, not until the several steps provided for in the grievance procedure have been complied with.
- Such dispute, claim, grievance or difference shall be concerned with one or more of the following matters:
- The interpretation, construction, applicability or intent of any condition of employment set forth herein.
- Demands on behalf of the employees or the management for changes in the conditions of employment.
- A determination as to whether a particular matter is, or is not, a grievance, subject to the procedure provided for in Article 9, thereof.
- A determination as to whether or not a particular alleged difference, dispute, claim, or grievance is properly referable to an arbitration committee.
Section 2. Disputes arising between the Authority and any employee or between the Authority and the Union, which cannot be settled by the Authority and the employee or the Union within the prescribed time contained in the Agreement, may be referred by the Authority or Union to arbitration for consideration and determination.
Section 3. Upon notice, in writing, served by the Union on the Director, Labor & Employee Relations, to refer the dispute to arbitration, the parties shall select an arbitrator. Should the part;es be unable to agree upon the appointment of an arbitrator within five (5) days, they shall endeavor to agree upon a method by which the arbitrator shall be appointed, and failing such agreement either party may request a list of arbitrators from the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to furnish a list of arbitrators who are currently available to serve from which the arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such list, determine by lot the order of elimination, and, thereafter, each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the arbitrator. The decision of the arbitrator shall be final, binding, and conclusive. The salaries and expenses of the arbitrator shall be paid equally by the parties to the proceeding, and all other salaries and expenses shall be paid by the party incurring them. In the event a scheduled arbitration hearing date is continued or cancelled for any reason other than settlement of the case or mutual agreement between the Unions President/Business Agent and the Authoritys designated representative, the party responsible for the cancellation or continuance will pay any cancellation fee assessed by the arbitrator. All requests for a continuance or cancellation shall be served in writing to the opposing party.
Section 4. The Arbitrators decision shall be binding on the parties except that the Arbitrator shall have no power to add to, subtract from, or modify any of the terms of the Agreement. Unless mutually agreed otherwise, the parties shall submit their post-hearing briefs to the arbitrator within thirty (30) calendar days of the close of the hearing and the arbitrator shall render a decision within thirty (30) calendar days from the date of submission of the post- hearing briefs, or the closing statements of the parties, whichever is applicable.
Article 11. Management Rights
Section 1. Unless the Authority agrees otherwise, nothing in this Agreement impairs the right and responsibility of the Authority to:
- Determine matters of inherent management supervision and control of the Authority;
- Direct the working forces;
- Direct the types of vehicles;
- Direct the routes and schedules of service;
- Maintain discipline and efficiency based on just cause;
- Determine the hire, transfer, promotion, and demotion of employees based on just cause;
- Determine the minimum qualifications of any and all positions;
Section 2. The employer is not required to bargain on subjects reserved to management except as they are subject to such limitations thereon as are lawfully set forth elsewhere in these conditions.
Article 12. Discipline
Section 1. Violations of rules and regulations necessary to effect adequate and efficient operation in the public interest will constitute just cause for discipline or discharge. Employees or their representatives shall not attempt to interfere with or limit the Authority in the discipline or discharge of employees for just cause. However, any employee disciplined or discharged may present a grievance pursuant to the Grievance Procedure herein set forth, to question whether he/she has been disciplined or discharged for just cause.
Section 2. Any discipline imposed for dishonesty, the use and/or possession of drugs and/or narcotics for which the possession could be charged with a criminal offense, habitual intoxication, however induced, or for working while under the influence of liquor or any other substance which impairs the ability to perform assigned duties, if proved to the satisfaction of representatives of the Authority and the employee, shall not be subject to appeal beyond Step 2 of the Grievance Procedure as herein set forth.
Section 3. Except in cases in which an employee is charged with a major offense or serious infraction of an Authority rule (such as a charge involving, but not limited to, a potential damage or danger to employees, equipment, passengers or other persons, gross insubordination, alcohol, drugs, narcotics, dishonesty, etc.) when an employees disciplinary action, days off penalties will not be effective until the grievance has been heard at the third step of the Grievance Procedure, unless the matter is resolved at the first or second step of the Grievance Procedure.
Section 4. No citizen complaint against any operator will be recorded and placed in his/her personnel file until the operator is given notice of and an opportunity to examine the same and provided the opportunity to respond thereto, orally or in writing. Should, the operator be required to respond in writing during a time when he/she is not otherwise compensated, he/she shall be paid 15 minutes. Citizen complaints of up to one year from the date of the last offense will be considered when reviewing an employees record for disciplinary purposes.
Section 5. When reviewing any employees record for purposes of imposing discipline, disciplinary reports over three (3) years old should not be considered.
Article 13. Layoff Procedure
Section 1. Definition. Layoff means an involuntary separation of an employee whose record of service has been satisfactory.
Section 2. Causes for Layoff. An employee may be laid off for the following reasons:
- Return of an employee or a former employee entitled to the position under the erit System Rules;
- Reduction of working forces;
- Discontinuance of a position;
- Demotion of another employee from a higher grade; and
- The transfer of an employee from a classification of higher rate.
Section 3. Procedure for Layoff. No permanent employee shall be laid off while any temporary employee, other than a cooperative student, is retained in the same classification in the same organizational unit. Nor shall any layoff be affected or influenced by politics, religion, sex or race. When possible, employees shall be transferred or demoted rather than laid off.
Layoffs shall be made in a particular classification in the inverse order of system seniority of the empoyees holding positions in that classification except that operators and trainmen shall, for the purpose of the application of this rule, be considered as being in the same classification.
Section 4. Notice of Layoff. Employees shall be given notice of a layoff stating the reasons therefore and the effective date. Such notice shall be given at least ten (10) days prior to the effective date, if practicable.
Section 5. Restoration of Employees Who Have Been Laid Off. When more than one employee has been laid off in any classification, restoration shall be in the inverse order of the layoff, except where the vacancy to be filled is in a position requiring particular qualification or experience, which qualifications and experience the person who would otherwise be entitled to restoration does not have.
If a person entitled to restoration cannot readily be located at the time of the vacancy occurs, his name may be passed and the position offered to another person on the restoration list.
Article 14. Vacations
Section 1. Eligibility - All full-time employees who have completed one (1) year of continuous service with the Authority will be eligible for a paid vacation. The vacation received in any calendar year shall be based on the number of years of service of the employee with the Authority and on the number of days worked by the employee in the previous calendar year. For purposes of determining vacation eligibility only, holidays and vacation days shall be considered as days worked.
Section 2. Provided the employee has worked in excess of 1,424 hours in the previous calendar year, his/her vacation shall be as follows:
- With one year of continuous service: 40 hours
- With two years of continuous service: 80 hours
- With five years of continuous service: 120 hours
- With thirteen years of continuous service: 160 hours
- With twenty-one years of continuous service: 200 hours
- After thirty years of continuous service: 240 hours
Section 3. Provided the employee has worked 1,424 hours or less in the previous calendar year, the number of days of his/her vacation shall be reduced by the following percentage amount:
- Less than 1,424 hours and more than 1,176 hours: 20%
- Less than 1,175 hours and more than 944 hours: 40%
- Less than 943 hours and more than 712 hours: 60%
- Less than 711 hours and more than 480 hours: 80%
Employees who have worked 480 hours or less in the previous calendar year shall receive no vacation.
Section 4. Vacation wage shall be paid on a pro rata basis to employees who resign prior to their vacation provided they give two weeks notice nd employees who are discharged shall be eligible for a pro rata payment of vacation wage after completion of the grievance procedure.
Section 5. An employee who dies during any calendar year shall receive for the benefit of his/her surviving spouse or legal representative, compensation for a vacation for that year in accordance with the above schedule calculated to his/her date of death in addition to compensation for any unused vacation for the previous calendar year.
Section 6. An employee who retires on pension during any calendar year shall receive a vacation for that year in accordance with the above schedule calculated to his/her date of retirement.
Section 7. Time of Vacation - The period when vacations may be taken shall be determined by the Authority. No vacation shall be started before the first anniversary of employment with the Authority, except in cases of operating department employees hired during December, who may pick vacations in the month of November of the following calendar year.
Section 8. Bus or rail operators who have transferred either temporarily or permanently to a miscellaneous department, and miscellaneous employees working part-time in the Transportation Department, shall pick vacations with the miscellaneous departments where they will be paid the vacation pay applicable in those departments.
Section 9. Employees eligible for paid vacation days may elect, at the time of the vacation pick, to set aside 80 hours of vacation to be used in single day increments. All employees electing single-day vacations shall be required to schedule individual days at the time of the annual vacation pick. Scheduled days may be changed for personal reasons at the request of the employee subject to approval by the employees immediate supervisor, provided that such approval shall not be unreasonably withheld. Such requests should be made at least three (3) days in advance when possible.
Section 10. Vacation Pay - Vacation pay shall be computed as follows:
- Vacation hours to be paid for all hourly paid employees shall be computed by multiplying the number of days of vacation to which the employee is entitled by eight (8) straight time hours for a 5 day/8 hour week or 10 hours for a 4 day/I 0 hour week.
- When a paid holiday that the employee would have normally received falls in the vacation period, an additional eight (8) hours shall be included in the computation of vacation pay for hourly and day-rated employees whose work week is 5/8s or 4/10s. For other hourly and day-rated employees, the holiday pay shall be a number of hours equal to their normal work day. Salaried employees shall receive an additional day of vacation.
Section 11. The hourly rate of vacation pay for regular bus and rail operators shall be the employees current straight-time rate for the type of scheduled work in the weekday run for the first weekday of the vacation. If the weekday run picked to be worked on this date includes both one-person and two-person operation, the hourly rate of vacation pay shall be based upon the proportionate hours of one-person and two-person scheduled pay time in such scheduled run.
The rate for extra persons shall be:
- At districts where there is only one-person operation, the employees current straight time one-person rate shall be paid, and;
- At districts where both one-person and two-person lines are operated, an average of the employees current straight time bus or rail operators rate shall be paid to an extra person. An employees current straight time rail operator rate shall be paid to an extra person who is qualified only as a motorman and conductor.
Section 12. Current rates of pay shall apply during vacations. However, in miscellaneous departments where employees simultaneously hold more than one classification and work at more than one rate, if one rate is used sixty percent (60%) or more of the time, that hourly rate shall prevail. If the work at the different rates is approximately evenly divided, the average rate shall be used.
Section 13. Salaried employees shall be granted vacations the length of which shall be equivalent to the vacations to which hourly rated employees are entitled under paragraph one of this Article. Their vacation pay shall be their basic straight time pay for the vacation period.
Section 14. Banked Vacation - Employees entitled to 120 hours of vacation must take at least 80 hours as actual vacation in any one year. In addition, they may elect to bank a maximum of 40 hours per year. Employees entitled to 160 hours or more vacation may elect to bank up to a maximum of 80 hours per year. The maximum amount of vacation that may be banked shall be 400 hours.
Banked vacation, when taken, will be paid for at the employees rate in effect at the time the employee was originally eligible to take such vacation. Effective with vacations taken on or after July 1, 2017, employees who use banked vacation shall take such vacation on a first-in, first-out basis.
An employee must declare his/her intent to bank vacation or to use banked vacation weeks before the posting of the vacation pick and no later than November 1.
In the event of an imminent layoff in any job classification(s), employees in such classification(s) must use their banked vacations as directed by management, and the practice of banking vacation weeks will be temporarily suspended for such classification(s).
Any employee who resigns or is discharged prior to taking banked vacation weeks only will receive a cash payment for such weeks based on the employees rate of pay in effect at the time the employee was originally eligible to take such weeks. Employees who retire may, at their option, take accumulated vacation prior to their retirement date or receive a cash payment for such weeks based on the employees rate of pay in effect at the time the vacation was earned.
In case of death of an employee prior to taking banked vacation weeks, a cash payment for such weeks based on the employees rate of pay in effect at the time the employee was originally eligible to take such weeks will be paid to the.employees surviving spouse or legal beneficiary.
Section 15. Bus and rail operators Grade 4 shall pick vacation in accordance with their district seniority. Bus and rail supervisors Grades 5 and 6 shall pick vacation in accordance with their system seniority. Employees in all other departments shall continue to pick vacation in accordance with their district, system or classification seniority consistent with the department practice in effect as of the date of this agreement.
Article 15. Holidays
Section 1. All employees shall receive holiday pay for the following holidays:
Martin Luther King Day
All employees who have completed their probationary period shall receive holiday pay for two (2) personal holidays each year. The observance of Presidents Day shall be on the third (3rd) Monday of February, the observance of Memorial Day shall be on the last Monday in May, and the observance of Labor Day shall be on the (1st) Monday following the first Sunday in September. The observance of the employees two (2) personal holidays shall be mutually agreed to by the employee and his/her supervisor five (5) days in advance and scheduled so as not to interfere with the normal operations of the Authority. The Authority shall be required, however, to allow no less than three (3) employees at each district the same day off if requested. Such personal holidays shall not be observed on the same day as any of the aforementioned holidays. Such holiday pay shall be eight (8) hours at the employees respective straight time rate. Personal holidays must be used within the year granted or they shall be lost.
Section 2. If any employee is required to work on any of these six (6) legal holidays:
January 1st, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, or on the employees birthday, the employee shall be paid time and one-half for such work without prejudice to the right to receive his/her holiday pay in full.
Section 3. If a holiday falls on Sunday, it shall be observed on the following Monday.
Section 4. Holiday allowances will not be paid to an employee who does not work the last day he/she is scheduled to work preceding the holiday and the day he/she is scheduled to work following the holiday, or to an employee scheduled to work on a holiday who does not work, except an employee will be excused for non-performance of work if caused by death in his/her immediate family. Immediate family, for the purpose of this provision, shall mean:
husband, wife, father, mother, stepfather, stepmother, son, daughter, brother, sister, father-in-law, or mother-in-law.
Article 16. Free Transportation
Free transportation on an Authority revenue vehicle shall be provided to all employees and retirees of the Authority, for use only by such employees and retirees.
Article 17. Benefits
Section 1. A group health insurance plan shall be available to employees of the Authority at the ehd of six (6) months of consecutive service provided they are then actively at work.
Section 2. The Authority shall provide the following health care and related employee benefits for eligible employees and dependents, where applicable.
The Authority shall provide a life insurance policy for full-time employees in the amount of $33,000.00. Employees also may purchase additional life insurance at the group rate provided that such option is offered by an insurance provider. The Authority shall make reasonable efforts to obtain that option.
In and effort to provide a more portable life insurance plan, the Authority will investigate during a 6-month pilot period whether it can provide $17,000 in whole life insurance to employees in a cost effective manner. In the event that the whole life insurance plan cannot be provided in a cost-effective manner, the Authority agrees to increase the term life insurance as follows:
- July 1, 2017: $34,000
- July 1,2017: $35,000
- July 1, 2017: $36,000
Short Term Disability
The Authority shall provide non-occupational short term disability benefits for
full-time employees for a maximum of twenty-six (26) weeks in the following
||Per Scheduled Work Day
Effective January 1, 2017, the benefit amounts will be increased to:
||Per Scheduled Work Day
Effective January 1,2017, the benefit amounts will be increased to:
||Per Scheduled Work Day
Effective January 1, 2017, the benefit amounts will be increased to:
||Per Scheduled Work Day
Except as noted below, when an employee has been certified as being sick and unable to pursue his/her employment with the Authority by a physician who has attended the employee within the first three (3) days and by reason thereof, is off duty four (4) days or more, then and in that event, he/she shall be paid sick benefits in the amount provided in the insurance plan, beginning with the fourth (4th) day of such sickness and incapacity to work. If an employee becomes hospitalized before the fourth (4th) day of such sickness, he/she shall be paid benefits from the first day of such hospitalization. If an employee becomes incapacitated to work by reason of a non-occupational accident, benefits shall be paid from the first day of such incapacity to work. Employees making claim for such benefits shall at all times be subject to examination by a physician selected by the Authority or the insurance company and no payments shall be made to employees for any period for which such physician will not certify.
Payment shall be made subject to the terms of the STD plan. Payments shall be made on the STD policy only where the claim is filed within ten (10) days of the last day the employee worked. If such claim is not made within said ten (10) days, payments shall be made only for the time subsequent to the time of making the claim. Salaried employees retained on the payroll on any voluntary wage continuation program shall not receive benefits on the STD insurance policy for any period of time they are so retained on such salary continuation program. Payment shall not be made under the STD plan for any period of time an employee is receiving Public Employees Retirement System (PERS), Social Security, or Workers Compensation benefits, or for any period of time an employee is receiving vacation pay provided the employee is given the option of taking his/her vacation at a future open date on the vacation schedule. Payments shall be made by the Authority on Workers Compensation claims in sums equal to the amounts and for the number of weeks above set forth.
All hourly-paid employees shall accrue paid sick leave at the rate of 40 hours per year. This accrual will be earned on the basis of 1.538 hours per payroll period. Unused sick leave may be accumulated up to a maximum of 320 hours. Paid sick leave shall commence with the first scheduled work day, or fraction thereof, lost due to non-occupational illness or injury (i.e., Workers Compensation benefits do not apply), provided that fractional days of sick leave shall be charged to an individuals account in full hourly increments. In the event sick benefits are payable under the existing Article 17B, fractional days of sick leave are to be paid to supplement such sick benefits to the extent required to make up eight (8) hours pay. The sick leave payment will be made at the employees regular rate of pay for the compensable work- days involved. Any unused accumulation of sick leave shall be canceled upon termination of employment for any reason. Except that, effective November 14, 2017, employees shall have the option of cashing-out unused sick leave upon retirement. Such cash-out shall be limited to one hour of pay for each four hours of accumulated sick leave in excess of 200 hours up to a maximum of 80 hours of pay.
Effective January 1, 2017, salaried employees will be placed on the hourly employees sick leave accrual of 40 hours per year. The salary continuation balances such employees have as of November 8, 2017, will remain intact and will be available for use by the employees as needed.
Extended Illness or Injury
Employees absent because of illness or injury shall continue to receive benefits, accrue seniority and have their reemployment rights preserved for up to one year following the date of illness or injury. Provided, however, that the benefits will be discontinued if/when the employee fails to remit the applicable employee premium contribution as required under paragraph F below. This provision shall be effective for individuals whose illness or injury has commenced within one year of October 14, 2017 or later.
Pensioners Life Insurance
All employees will receive a $1,500 life insurance benefit upon retirement.
Section 3. Health Care Benefits.
The Authority will continue to provide a level of benefits comparable to those now in effect for the duration of this Agreement.
The health care plans include but are not limited to: hospital, medical, surgical, vision, dental and prescription drugs. Employees shall contribute by direct payroll deduction toward the monthly premium cost of the plan elected as set forth below.
An employee eligible for health care coverage is defined as a full-time employee covered by these Conditions who has completed a probationary period of six months. Benefits under this provision shall become effective on the first day of the month following the completion of the probationary period. An eligible employee and that employees dependent(s) shall not be covered under more than one plan of health care benefits offered by the Authority.
Effective January 1, 2002, the required health care contribution for the plans in effect will be 93% by the Authority and 7% by the employee. Effective January 1, 2017, the required health care contribution for plans in effect will be 92% by the Authority and 8% by the employee. Effective January 1,2017, the required health care contribution for plans in effect will be 91% by the Authority and 9% by the employee. Effective January 1, 2017, the required health care contribution for plans in effect will be 90% by the Authority and 10% by the employee.
Plan enrollments shall be on a calendar year basis.
The Authority will contribute $65.00 per month towards the cost of single or family coverage for part-time employees unless they indicate in writing that they are not regularly available to work 30 hours per week. The employee can apply the $65.00 towards any health care plan provided by the Authority and selected by the employee. The part-time employee and his/her dependents must meet all eligibility and other requirements as specified for all Authority employees covered under its plans in accordance to Article II, Section 20.
The Authority shall pay $3.00 per month toward the premium paid by each pensioner for any medical plan under the group plan. Retirees who are entitled to receive this payment shall be paid in a lump sum the actuarial equivalent of the $3.00 per month payment. If there is a dispute over the amount of the lump sum settlement, it shall be submitted to arbitration pursuant to Part I, Article 10, before the payment is made.
Section 4. A health care committee with an equal number of Authority and Union representatives shall be established to discuss the implementation of cost containment options, such as second opinions for surgical procedures.
Article 18. Bereavement Pay
Section 1. A full-time employee absent from work because of the death of the employees spouse, son, daughter, father, mother, stepfather, stepmother, brother, sister, father-in-law, or mother-in-law, stepson, or stepdaughter, shall be entitled to receive payment for three (3) days, based on the employees current hourly rate for eight (8) hours, provided such days of absence were regularly scheduled work days for the employee. The death of a grandparent shall entitle the eligible employee to receive one (1) day bereavement pay. Such days shall be taken consecutively and include the day of the funeral.
Section 2. It is understood that bereavement leave must be completed within ten (10) days after the date of death of a member of the immediate family. It is further understood that bereavement pay shall not be paid for any period of time that an employee is receiving vacation pay or holiday pay. Employees may be required to furnish proof of relationship to the deceased. No employee shall be required to submit an overtime sheet.
Article 19. Pensions
Section 1. The Greater Cleveland Regional Transit Authority and its contributing employees shall participate in the current service pension plan of the State of Ohio, known as the Public Employees Retirement System. The Board of Trustees assumes and agrees to pay those of its employees, entitled to any prior service credit, as defined in the Public Employees Retirement Act of the State of Ohio, such pension for such prior service credit as such employees would be entitled to receive under the provisions of such Act. (This provision applies to employment with certain public Authoritys for service rendered prior to January 1, 2017). Effective August 1, 2017, the Greater Cleveland Regional Transit Authority will reimburse such employees who were employees of the Cleveland Railway Company at the time they entered military service and who are eligible to purchase service credit by reason of having been on active duty as a member of the armed forces of the United States for monies paid to the Public Employees Retirement System, by said employees in the purchase of said service credit from the Public Employees Retirement System. The Greater Cleveland Regional Transit Authority further agrees to pay for any service credit of said employees for that military service in excess of three (3) years. The Authority shall have the right to offer to pay pension benefits arising from Prior Service Credit in a lump sum instead of on a monthly basis.
Section 2. In addition, there shall be established and maintained a pension plan for years of service with the Cleveland Railway Company and its predecessor transportation utility companies prior to April 28, 2017, in accordance with the following provisions:
Any and all pensions hereinafter provided for shall be paid from a fund which shall be called the Greater Cleveland Regional Transit Authority Pension Fund.
Subject to the conditions herein set forth, the pension shall be payable to employees of the Greater Cleveland Regional Transit Authority, who, prior to April 28, 2017, were employed by the Cleveland Railway Company in the operation of the mass transportation system acquired by the City of Cleveland.
The amount of annual pension payable from the Greater Cleveland Regional Transit Authority Pension Fund for the years of service prior to April 28, 2017, to any employee retiring on pension, who has arrived at age sixty (60) or who has thirty-five (35) or more years of service at the date of retirement, shall be three dollars and thirty-three cents ($3.33) per month for each year of service of such employee with the Cleveland Railway Company, or its predecessor transportation utility companies, rendered prior to April 28, 2017, subject, however, to the following conditions and limitations:
For fractional parts of a year, the pension shall be one-twelfth (1/12) of the annual rate for each full month of such service. No amount shall be paid if the amount payable hereunder is not in excess of one dollar ($1.00) per month.
From such sum, the amount paid by the Metropolitan Insurance Company under the Metropolitan Pension Plan shall be deducted.
Social Security Benefits shall be deducted provided service with the Greater Cleveland Regional Transit Authority, the Cleveland Transit System, and the Cleveland Railway Company is, or will be, sufficient to qualify for Social Security Benefits.
In addition, there shall be added the sum of fifteen dollars ($15.00) per month.
Subject to the conditions and limitation contained in the other sub-Articles hereof, a pension shall be paid from the Greater Cleveland Regional Transit Authority Pension Fund for the years of service prior to April 28, 2017, to any employee retiring with twenty-five (25) or more years of service, but less than thirty-five (35) years of service who are age fifty-five (55) or more but less than age sixty (60) or each year of service under thirty-five, whichever percentage calculation is the least reduction.
The Board of Trustees shall cause to be contributed to the said Greater Cleveland Regional Transit Authority Pension Fund each year upon a monthly basis an amount sufficient to pay for that year the pensions provided for herein.
Employees retiring after age sixty (60), and before age sixty-five (65), may elect as an alternative to the retirement benefits established under the foregoing provisions to receive a pension for their years of service prior to April 28, 2017, as follows:
- For each year of employees service prior to January 1,2017:
Employees retiring at age 60 $1.00 per month
Employees retiring at age 61 $1.20 per month
Employees retiring at age 62 $1.40 per month
Employees retiring at age 63 $1.60 per month
Employees retiring at age 64 $1.80 per month
From such sums shall be subtracted the amount actually paid (if any) by the Metropolitan Insurance Company under the Metropolitan Pension Plan.
In addition, there shall be added the sum of fifteen dollars ($15.00) per month.
Said sum is in addition to Social Security Benefits.
Employees retiring after age sixty-five (65) may elect as an alternative to the retirement benefits established under the foregoing provisions to receive, subject to the conditions and limitations hereinafter set forth, a pension for their years of service prior to April 28, 2017, as follows:
A sum equal to two dollars ($2.00) per month for each year of his/her service prior to January 1,2017, or the amount of the Metropolitan Pension for service to January 1,2017, payable as of Metropolitan normal retirement date, whichever sum is the greater less the amount actually paid by the Metropolitan Insurance Company under the Metropolitan Pension Plan.
In addition, there shall be add, the sum of fifteen dollars ($15.00) per month.
Said sum is in addition to Social Security Benefits.
Article 20. Disability Pensions
Effective August 1, 2017 the Authority shall discontinue the previous practice of additional pension payments to those employees who will become eligible for a disability pension for the Public Employees Retirement System. Any person presently qualified to receive additional pension benefits shall continue to receive those benefits. The Authority shall have the right to administer this program through lump sum payments, annuities, or other financial instruments which provide qualified participants with the benefits of equal economic value.
Article 21. Occupational Disability
Section 1. The Authority is to provide for payment of the amount stated herein, to hourly paid employees injured while on duty, for each regularly scheduled work day after the date of injury which the employee is unable to work up to and including the seventh (7th) day, provided the employee has reported the injury to the Authority within twenty-four (24) hours after the occurrence, and inability to work has been certified to by an Authority physician. This payment shall be equal to that amount payable under Section 4123.56, Revised Code of the Workers Compensation Law.
Section 2. Bargaining unit employees shall be allowed to take up to four (4) hours per month, without pay, not to exceed six (6) months from the date of return to work for on-the-job injury (OJI) medical appointments, provided the employee submits medical documentation for the appointment.
Article 22. Workers Compensation Supplement
Whenever any employee covered by these Conditions becomes unable to perform his/her regular duties, through no fault of his/her own, by reason of injury intentionally inflicted upon him/her and arising out of and in the course of his/her employment with the Authority, compensable under the Workers Compensation Law, the Authority will pay such employee a supplemental benefit equal to the difference between his/her normal 40-hour weekly wage and the disability benefits to which he/she is entitled for a period of absence from work caused by the same injury not exceeding twenty-six (26) weeks. Payment herein provided for shall be prorated when absence from work because of such injury is for partial weeks.
Article 23. Compliance with Other Regulations
Section 1. The Authority, its employees and the Union shall comply with all applicable federal and state laws, valid rules, regulations and orders, and the Merit System Rules and therefore, nothing contained in these Conditions shall be construed to conflict or be inconsistent with such applicable laws, rules, regulations or order.
Section 2. In the event that any part of these Conditions are declared illegal or invalid, the Authority and the Union shall meet within a reasonable time for the purpose of negotiating lawful alternate provisions.
Article 24. Paydays
Paydays shall be every two (2) weeks whenever possible for all hourly and salaried employees. If payday falls on a holiday, all employees shall be paid on the preceding day.
Article 25. Overtime - Salaried Employees
Section 1. Daily: Daily overtime shall not be paid, except that upon recommendation of department heads and approval of the General Manager or Deputy General Manager, daily overtime at the time and one-half alternate hourly rate may be paid, and provided further, however, that in no such instance shall daily and weekly overtime be duplicated.
If an employee misses a work assignment as the result of an absence, the RTA, at its option, shall be permitted to deny the employee overtime for the next seven (7) days. For the purpose of this section, absence shall be defined to include sick time and any unpaid absences.
Section 2. Weekly:
All such salaried employees who work in excess of the applicable and appropriate basic work week hours shall be paid for such excess time worked at his/her time and one-half alternate hourly rate in addition to his/her salary, provided that such additional pay shall be computed upon and paid for the total number of daily integral units consisting of thirty minutes of work, and provided further that such overtime is authorized by the employees superior.
In the computation of weekly overtime, bulletined holidays shall be considered as time worked to the extent of the normal regular hours called for, except where the bulletined holiday coincides with the scheduled day off of the employee.
Article 26. Night Premium
Section 1. The Authority is a twenty-four hour/seven day a week operation and not all scheduled work shifts match the language outlined in Article 21 of the Conditions of Employment, as stated below.
Section 2. A premium of forty cents (400) per hour shall be paid to all employees who work on the third shift, that is a shift beginning at or after 4:00 p.m. and before 12:00 midnight, and a premium of forty-five cents (450) per hour shall be paid to all employees who work on the first shift, that is, a shift beginning at approximately 12:00 midnight and ending at approximately 8:00 a.m. This provision shall not apply to operators, other platform employees, or watchmen.
Section 3. To ensure that the shift premium procedures are applied consistently, both parties agree that the shift premium pay will be determined based on the shift in which the employee works the majority number of hours. If the employee works equal hours in between two shifts, the premium will be paid based on the shift with the higher premium. Example: If a shift starts at 6:00 p.m. and ends at 2:30 a.m., the employee shall be paid forty cents (400) per hour extra for the entire shift ending at 2:30 a.m.
Section 4. This Article shall apply to Part-Time Bus Hostlers.
Article 27. Parental Leave
Section 1. Any eligible employee shall be entitled to a parental leave of absence, upon request, under the same procedures as the Authoritys FMLA policy. However, under no circumstances shall any eligible employee be permitted to continue working if such employee cannot fulfill the requirements of the job, or in the judgment of a physician selected by the Authority the employee would jeopardize her own health, the health of other persons, or would endanger the public in the case of operators.
Section 2. Such application must be made at least thirty (30) days prior to the date such leave is to become effective. The company must be notified at least thirty (30) days prior to the date of the employees intended resumption of active employment.
Article 28. Medical and Dental Appointments
Medical and dental appointments which cannot be scheduled outside of the normal working day may be deemed excused absences provided that the employee gives 48 hours advance notification to his/her supervisor and is able to produce verification of keeping said medical or dental appointment. In the case of an emergency incident wherein 48 hours notification is not possible, an absence may be deemed excusable provided appropriate verification of the medical emergency is given to the employees supervisor.
Article 29. Longevity
Section 1. To the extent permitted by applicable law, the Authority shall withdraw from the Federal Social Security Program and termination all FICA payments. If a valid withdrawal is accomplished by the end of calendar year 2017, the following longevity benefit will be put into effect for regular full-time employees with the first payment made in December of 2017, and such benefit shall remain in effect so long as the employees are not covered by Social Security.
For all employees who have completed 5 years (but less than 10 years) of continuous service before December 1: $300 paid annually
For all employees who have completed 10 years (but less than 20 years) of continuous service before December 1: $500 paid annually
For all employees who have completed 20 years of continuous service or more before December 1: $700 paid annually
However, as an exception to the above, all employees as of August 1, 2017 shall receive a minimum longevity payment of $500 per year.
Paragraphs A-D shall be subject to the following provisions:
The longevity year shall be based upon December 1 to December 1, and in order to be eligible for a 100% longevity payment for any year the employee must have worked or been paid for at least 1,904 hours during the longevity year and also be actively employed on December 1 of the payment year. Furthermore, if the employee works or is paid for less than 1,904 hours in the calendar year and is still actively employed on December 1 of the payment year, the longevity payment shall be pro-rated as follows:
1,712 1,903 hours: 90%
1,520 1,711 hours: 80%
1,328 1,519 hours: 70%
1,136 1,327 hours: 60%
937 1,135 hours: 50%
936 hours or less: 0%
However, as an exception to the above, any employee who retires and receives a pension, or dies, prior to December 1 of the payment year shall still be eligible to receive a longevity payment for that year based upon the pro-ration schedule set forth in paragraph E (1) above.
Section 2. Effective August 1, 2017, all newly hired employees will not be eligible for longevity payments.
Article 30. Payment for Training Time
Time spent in training courses required by the Authority shall be paid by the Authority.
Article 31. Seniority
In the event an employee within a classification covered by this agreement is transferred or promoted to a position outside the bargaining unit, the employee will continue to accumulate job classification seniority within the bargaining unit for a period of six (6) months. Such employees job classification seniority will thereafter be frozen. Job classification seniority will be lost if the employee is terminated or otherwise leaves the employ of the Authority.
Article 32. Court / Jury Duty Leave
Section 1. Court Leave with full pay shall be granted to any employee who is subpoenaed to appear before any court, Commission, board or other legally constituted body authorized by law to compel the attendance of witnesses, where the matter is work related.
Section 2. Any employee who is appearing before a court or other legally constituted body in a matter in which he/she is a party may be granted vacation time or other leave of absence without pay for purposes of attending the hearing. Such instances would include but not be limited to, criminal or civil cases, traffic court, divorce proceedings, custody, or appearing as directed as parent or guardian of juveniles.
Section 3. The employee shall furnish proof by attaching the court notification to the appropriate time sheet.
Section 4. Jury Duty Leave with full pay shall be granted to any employee who is summoned for jury duty by a court of competent jurisdiction. The employee shall turn in to the supervisor or department head a copy of the summons for jury duty.
Section 5. Any compensation or reimbursement for jury duty or court attendance compelled by subpoena, when such duty is performed during the employees normal working hours, will be turned over to the Director of Accounting who, upon receipt of same, will issue the employees appropriate compensation.
Article 33. Employee Communication
The Authority and the Union agree that any media request of an employee (e.g. on- camera interview or interview by a newspaper reporter) shall be referred to the Office of Media Relations for an official response. When it becomes necessary to submit a press release involving a bargaining unit employee, except in pressing or demanding situations needing immediate attention, prior notice shall be given to the Union.
Article 34. TEAM Incentive Program
Section 1. The Authority and the ATU, Local 268, recognize the value of becoming more responsive to their customers, reducing costs, and thereby improving the quality of service delivery.
Section 2. The parties agree to establish a performance management program that aligns the Authoritys strategic business goals and values, and defines how employees will be rewarded for improvements in customer service that result in increased revenue. The program shall be called the TEAM Incentive Program.
Section 3. The Authority and the ATU, Local 268, agree to create a Design Team that
shall consist of an equal number of representatives from Management and the ATU, Local 268. The Team shall be co-chaired by a representativefrom the Authority and the ATU, Local 268, and shall report to the Authoritys Executive Management Team (EMT).
Section 4. The Design Team shall develop eligibility criteria for a variable pay program that rewards employees for measurable improvements in customer service, and which results in increased revenue profitability and growth.
Section 5. The TEAM Incentive Program shall be established as a three (3) year pilot program, renewable on an annual basis.
Article 35. Printing
Section 1. The Authority shall be responsible for preparing a final master draft of the successor Agreement.
Section 2. The Union shall be responsible for the printing of the master draft subject to review by both parties.
Section 3. The Authority and the Union agree to share equally the expense for printing of the Agreement.
Article 36. Duration of Conditions
These Conditions shall remain in effect beginning August 1, 2017through July 31, 2017 and shall continue in effect from year to year thereafter unless modified by further action of the Board of Trustees. Request for such modification, whether made by the Management or Local 268, shall be in writing, presented at least sixty (60) days prior to the expiration date.