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Exhibit 10.11
MEMORANDUM OF AGREEMENT
This Agreement, effective October 1, 1998, and expiring January
31,
2004, represents the joint commitment of
Greyhound Lines, Inc. hereinafter
referred to as the "Company," and
Amalgamated Transit Union National Local 1700,
hereinafter referred to as the "Union," to
the continued growth of their
relationship with the goals of superior
customer service, stable employment, and
the success of the business. The parties
recognize that the Company continues to
face enormous challenges to its long-term
success. A major factor in that
success will be providing passengers with
cost effective, timely and efficient
service. The business of the Company is
customer service and the Company and the
Union agree to direct their efforts so
quality customer service becomes and
remains the paramount consideration. The
parties believe that the way to achieve
success will be to continue to work
together in a pro-active relationship based
upon mutual gains, cooperation, open
communications, flexibility, and informal
resolution of issues.
As part of their efforts to establish and maintain a
constructive
relationship in which the Company, the
Union, and the represented employees work
together to achieve joint and shared
success, the parties will meet regularly,
no less than biannually, separate from the
meetings called for otherwise in this
Agreement, to review and resolve any
concerns, to plan for future developments,
and to develop mutual solutions. These
special meetings will be reserved for
enhancement of the parties' working
relationship, not for grievances.
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No contract language, award, adjustment, interpretation letter,
practice, memorandum of understanding, or right agreed to before
the
effective date of this Agreement remains in effect unless
expressly
agreed to herein or subsequently agreed to and incorporated.
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Written communications by and between the Company and the Union
will be
answered promptly in writing.
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If the Company is sold, there will be included in the documents
related
to such sale a requirement that the purchaser recognize and
bargain
with the Union. The Company will not be a guarantor or be held
liable
for any breach by the purchaser.
Whenever "he" or "his" or their related pronouns appear in this
Agreement, they are used for literary
purposes and include both females and
males.
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GENERAL
ARTICLE G-1. SENIORITY -- Full-time and
part-time employees other than operators
will have seniority measured from the hour
and date of first work performed in
the department to which they are assigned
in the service of the Company, or in
the service of Greyhound/Dial before March
19, 1987 or Trailways before July 14,
1987. Should two or more employees commence
service on the same date and hour,
the date and hour of the application for
employment will determine the order of
their seniority.
Seniority and service of operators who were in the service of
Greyhound/Dial before March 19, 1987 or
Trailways before July 14, 1987 will
remain unchanged from previous collective
bargaining agreements. All other
operators will have seniority measured from
the date of placement on the
extraboard, or if an operator becomes a
regular operator and is not placed on
the extraboard, the date of pulling his
first regular run. In the case of
identical dates, operators' seniority will
be based on their month and day of
birth and, if identical, they will be
ranked in alphabetical order.
Seniority of operators hired on or after October 1, 1998 will
be
determined by the date operators graduate
from training. Operators graduating on
the same date will have their seniority
determined by a lottery mechanism
mutually agreed to by the Union and
Company.
Any merger
of either operator or mechanic seniority rosters must be
approved by referendum vote and approved by
a majority vote of those voting from
the respective operator and mechanic ranks.
Referendum votes will be conducted
by the Union.
Only full-time employees accrue seniority. Separate seniority
rosters
will be maintained for part-time and
seasonal employees only for the purpose of
establishing seniority among those
employees. Part-time operators who become
seasonal operators, and seasonal operators
who become part-time operators will
carry their seniority with them. Part-time
and seasonal operators may not
exercise their seniority to bid on runs,
other than those designated for
part-time and seasonal operators or as
hold-downs for the extra board.
All employees will be permitted to submit letters of intent to
transfer
to any department when new employees are
required. Employees who have submitted
a letter of intent will be given preference
over outside applicants provided
they are qualified either to perform the
work or enter the training program
offered to outside applicants.
Employees electing to transfer will be given seniority in their
new
department ahead of outside applicants who
start on the same date, and they will
use their original service date for all
benefits tied to years of service.
Maintenance employees voluntarily transferring from one location
to
another will have their bidding seniority
start on the first day of work at the
new location. The bidding seniority will be
used for bidding shifts and vacation
slots at that location. They will retain
but not accumulate seniority at their
departing location.
ARTICLE G-2. SENIORITY RIGHTS OF UNION
REPRESENTATIVES -- Employees of the
Company, used in the service of ATU Local
1700, national or state AFL-CIO, the
Amalgamated Transit Union, or trust
administration will, while in such service,
retain and accumulate all seniority rights
enjoyed by other employees.
ARTICLE G-3. FURLOUGH AND RECALL --
Furlough and recall will be by location.
Furloughed operators may elect to exercise
seniority at any other location where
there is a working junior operator or open
position.
Involuntarily furloughed maintenance employees may elect to
exercise
their seniority at any other
ATU-represented location where there are vacancies.
If no vacancies exists, furloughed
maintenance employees may submit a letter of
intent to their preferred location.
Maintenance employees who fail to accept the
first available vacancy at the preferred
location will be removed from future
consideration for transfer to that
location. Maintenance employees who transfer
to another location and later reject a
recall to their home location will
forfeit all future recall rights to their
home location.
When forces are reduced, the Company will provide affected
employees
and the Union seven days written notice.
This notice is not required for
employees displaced as a result of another
employee returning from voluntary
furlough. Employees will be furloughed in
reverse order of their seniority and
retain all seniority rights and privileges.
The Company will solicit voluntary
furloughs prior to any involuntary
reduction-in-force. The Company will notify
employees by postings at locations where
opportunities exist for employees to
take voluntary furlough. Employees
requesting voluntary furlough must submit
their request within seven days of the
posting according to the instructions on
the posting.
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Voluntary furloughs will be awarded by seniority within each
location.
Employees awarded voluntary furlough have
the following options:
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At the time of the furlough, specify a return date which is 30 days
or
more after the beginning of the furlough. The employee will be
expected
to return to work on this date unless the employee requests an
extension or there are no junior employees at that location to
displace.
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Leave the return date open in which case normal recall procedures
will
apply.
Employees on voluntary furlough may return on or after 30 days
after
the beginning of the furlough. Prior to
their return, operators must first
submit a written request to return to work
to the Driver Planning Department in
Dallas 15 days prior to the date an
operator wishes to return to work.
Maintenance employees must submit a written
request to return to work to their
garage manager 15 days prior to the date
they wish to return to work.
Furloughed employees retain their seniority except mechanics hired
on
or after January 1, 1984, will be removed
from the seniority roster after one
year of furlough. Furloughed employees must
maintain their current mailing
address on record with the Company. The
Company will recall employees in
seniority order by certified or registered
United States mail, return receipt
requested or by telegram. A copy of such
recall notice will be furnished to the
Local Union. Employees receiving a notice
of recall will immediately acknowledge
receipt of the same by certified or
registered United States mail, return
receipt requested or by telegram, and will
report for work on the seventh day of
the recall notice, unless a different date
is agreed to by the Company and
employee.
Employees having other employment, who are recalled for a period
of
work less than 45 days, may reject the
offer without loss of seniority if
sufficient employees are available to meet
the Company recall needs. Furloughed
employees failing to comply with these
provisions will forfeit seniority rights
and will no longer be considered employees
of the Company.
ARTICLE G-4. LEAVES OF ABSENCE
(a) Employees on Extended Sick Leave
Employees must provide medical
documentation concerning their condition
every 90 days. Failure to comply may
result in termination of employment.
(b) Family Leave The Company agrees to
adhere to the Family and Medical Leave
Act of 1993 (FMLA) and its regulations for
all eligible employees. Eligible
employees include employees at locations
with less than 50 employees.
(c) Unpaid Leave of Absence Employees may
be granted an unpaid leave of absence
of up to 90 days without loss of seniority.
Longer leaves may be granted if they
are mutually agreed to by the Company and
the Union. Employees requesting leaves
under this provision must submit a written
request to their supervisor and will
specify that the request for leave is under
this provision.
(d) Union Officers and Committee Members
Employees who are full-time officers of
Local Union 1700, national or state
AFL-CIO, the Amalgamated Transit Union or
the plan administrator of a Greyhound/Local
1700 trust will be granted the
necessary leave of absence to permit the
performance of their duties and will
continue to accumulate seniority during
such leave. Employees who are full-time
officers of Local Union 1700 or the plan
administrator of a Greyhound/Local 1700
trust will continue to be covered by the
Greyhound-ATU Health and Welfare Trust
plan on the same terms as active employees.
Co-payments for such health benefits
will be received by the Greyhound-ATU
Health and Welfare Trust by the 10th day
of each month of such coverage.
Employees who are on official Union business will be granted
the
necessary leaves of absence to permit the
performance of their duties, provided
reasonable notice, in writing, is given and
the number of granted leaves does
not interfere with the business of the
Company. Such employees will suffer no
loss of rights or benefits enjoyed by other
employees by reason of their absence
from duty. The Union agrees its members
will not abuse the rights granted under
this provision.
(e) Work Related Disability Employees on
work-related disability may be required
to be examined by a physician, at the
request of and paid for by the Company, to
substantiate such disability. Failure of
employees to make
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themselves available for such examination,
or failure to report for duty
immediately after an examination which
determines that an employee is fit for
duty, may result in discipline up to and
including termination.
Employees on workers' compensation who are not fit for regular duty
but
are fit for light duty must report for such
duty in any position or department
in which the Company offers it in the same
commuting area, or, for operators, at
the domicile closest to their home address,
without loss of seniority. If work
is not available for operators at the
domicile closest to their home address,
operators may choose to work at another
location where light duty work is
available, if agreed by the Company and the
Union. Failure to report for light
duty will result in termination. If more
than one light duty job is available,
seniority will prevail. There will be no
light duty for maintenance employees.
Employees returning to duty status after leave of 30 days or longer
may
be required to pass a physical examination
and drug test at Company expense.
ARTICLE G-5. PROBATIONARY PERIOD
-- Employees other than operators will be
given a probationary period of 90 days from
the date of employment. For
operators, the 90-day probationary period
will commence with the date of
placement on the extraboard or the day of
assignment to a regular run, whichever
comes first. Unless probationary employees
are notified to the contrary within
the 90-day period, it will be understood
that the application for employment is
approved, unless it later develops that
false information materially affecting
the acceptance of the application for
employment was given, in which event such
employee will be subject to dismissal.
The grievance procedure is not applicable to the dismissal of
employees
during the 90-day probationary period or
the dismissal of employees for
providing false information on the
application for employment except that the
grievance procedure will be applicable to
contest whether the information on the
application was false or whether the reason
given for the discharge was
pretextual. The probationary period for any
employee may be extended by mutual
agreement between the Company and the
Union.
ARTICLE G-6. MANAGEMENT OF OPERATIONS -- It
is not the intent of this Agreement
to include matters of management herein,
and the Company reserves to itself the
management, conduct and control of the
operations of its business, including:
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The determination of the type, kind, make and size of equipment
and
when, how
and where such equipment will be used;
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The number and qualifications of employees employed by it and
their
standards of conduct;
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The route and run structure, including additions, eliminations
and
changes to existing routes and runs;
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The assignment of work to the extent not specified herein;
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Except as otherwise limited under this Agreement, the use of
leased
operations, joint ventures, independent contractors and
franchised
operations;
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The prescribing of reasonable rules, instructions and regulations
for
the safe, proper and effective conduct of its business in a
competitive
environment not inconsistent with the terms of this Agreement.
The term
"reasonable" will have its commonly understood meaning as any
rule that is reasonably related to a
legitimate objective of management and not
the meaning ascribed to it in any
arbitration prior to this Agreement.
ARTICLE G-7. DISCIPLINE -- Employees will
neither be disciplined nor will
entries be made against their records
without sufficient cause. Sufficient cause
includes violation of Company rules,
regulations and instructions not
inconsistent with this Agreement. When
discipline is issued, employees will be
given written notice specifying the charges
and penalty. Notification will be
furnished to the union president, the
appropriate assistant business agent, and
the designated shop steward of the
Union.
When disciplining employees, complaints, discipline or records
which
have been brought to the attention of the
Company 24 months prior to the
incident will not be used to determine
guilt or penalty. This provision will not
apply to safety-related activities,
including speeding violations, preventable
accidents, damage to property, personal
injury, use of alcohol or illegal
substances.
Customer complaints are a serious matter and operators are expected
to
treat customers with courtesy so as to
avoid complaints. Complaints will be
discussed with operators as soon as
practicable so corrective action can be
taken. A complaint made in writing or in
person identifying the customer,
operator, date of the incident, and
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details of the conduct complained of may be
the basis for discipline up to and
including discharge. The complaining
customer may appear at the third step
hearing either telephonically or in person.
If the complainant fails to testify
at a third step hearing, the complainant is
prohibited from appearing at an
arbitration. If the complainant appears at
the third step hearing, the Union
agrees to allow the complainant to testify
at the arbitration hearing by
telephone, live, or in the form of a
pre-arbitration deposition.
Except in the case of DOT log violations, discipline must be
taken
within 20 days after the Company's
knowledge of the incident or in cases of
dishonesty or substance abuse, within 20
days after completion of the
investigation. The Company must issue
discipline in the case of DOT log
violations within 30 days of the Company's
knowledge of the violation.
ARTICLE G-8. GRIEVANCE PROCEDURE
(a) Grievance All differences, disputes,
suspensions, and discipline cases
hereinafter collectively referred to as
"grievances" between the parties arising
out of this Agreement will be handled in
the manner set forth below. All days
referred to within this provision will mean
calendar days.
Step 1. Employees covered by this Agreement who have a complaint
under
this Agreement will discuss the complaint
with their supervisor within 15 days
from the date of the occurrence in an
effort to resolve the complaint without
resort to the formal grievance procedure.
This Step 1 procedure will not extend
the Step 2 time limits to file a written
grievance. Final disposition at this
step is non-precedent setting and may not
be relied upon by the Union or the
Company in any arbitration hearing for any
purpose.
Step 2. Failing resolution at Step 1, an employee or Union
grievance
may be presented in writing by the employee
and/or union shop steward or ABA to
the employee's supervisor which must be
within 30 days from the date of the
occurrence of the incident upon which the
grievance is based or within 30 days
from the date a pay claim denial is
received. Discharge grievances must be
initially filed at Step 2.
Within 15 days after receipt of the written grievance, the
employee's
supervisor must respond with a written
decision on the grievance. Final
disposition at this step is non-precedent
setting and may not be relied upon by
the Union or the Company in any arbitration
hearing for any purpose.
Step 3. Failing satisfactory disposition of such grievance at Step
2,
within 15 days of the receipt of the
supervisor's written response, the
grievance may be appealed in writing by the
union president or his designee to
the appropriately designated Company
representative. Within 15 days after the
receipt of this appeal, a Step 3 conference
will be held at the home location of
the employee, unless otherwise agreed
between the parties. Within 15 days of the
conference, the Company representative must
respond with a written decision.
Final disposition at this step is
non-precedent setting and may not be relied
upon by the Union or the Company in any
arbitration hearing for any purpose.
(b) Arbitration
1. In
the event a grievance is not resolved at Step 3, the
grievance may be referred in writing to arbitration by the
union
president or his designee within 45 days after the Union's next
regularly scheduled executive board meeting not to exceed 135 days
from
the date the Step 3 decision is rendered. The issue to be
arbitrated
must be clearly stated.
2.
Arbitrations will be administered by the American Arbitration
Association and conducted under its labor arbitration rules.
All
arbitrators will be selected from those admitted to the
National
Academy of Arbitrators. By mutual agreement, arbitrations may
be
conducted under the American Arbitration Association's expedited
labor
arbitration procedures.
3. The
arbitrator's award is final and binding. The compensation
of the arbitrator and any administrative costs will be shared
equally.
Each party will pay its expenses related to representation and
witnesses.
(c) Grievance Pay Claims A disputed pay
claim, paid by grievance settlement,
will be paid in the employee's next
available regular paycheck. The Company will
notify the Union monthly of all paid
grievance claims.
ARTICLE G-9. CHECK-OFF -- The Company
agrees to check-off and remit to the
financial secretary or president of the
Union at least every two weeks all dues,
initiation fees, regular assessments and
authorized voluntary
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contributions from the pay of each employee
who is a member, fee payer or
financial core member who has authorized
the Company to make such deductions.
Request for the check off of assessments
must be signed by either the financial
secretary or president of the Union.
ARTICLE G-10. BULLETIN BOARD -- The Union
will be allocated bulletin boards on
Company property where notices pertaining
to meetings and other union business,
social events, and other proper matters are
permitted. Such notices must be on
Union letterhead, dated, and signed by an
accredited Union representative.
Notices not complying may be removed.
Copies of all bulletins relating to employees covered by this
Agreement
will be promptly furnished to a properly
accredited officer of the Union.
ARTICLE G-11. DISABLED AND FURLOUGHED --
When new employees are required by the
Company, disabled employees and employees
who have been furloughed due to lack
of work and who are applicants for
employment will be given preference in
employment over new outside applicants if
qualified to perform the available
work. The Company has no obligation to
notify such employees of any such
vacancies.
ARTICLE G-12. BAIL BONDS -- Employees
incarcerated because of their actions
while engaged in the performance of their
assigned duties with the Company, and
acting within the scope of such duties,
will promptly be furnished bond by the
Company, when such is required.
Employees will have the legal assistance of the Company in any
legal
proceedings brought against them and the
Company, provided the employees acted
within the scope and course of their
employment. Additionally, the Company will
provide legal assistance to employees who
are sued as a result of acting within
the scope and course of employment.
ARTICLE G-13. CONTRAVENTION OF LAWS -- It
is understood and agreed that the
provisions of this Agreement are
subordinate to any present or subsequent
federal, state, or municipal law or
regulation, including family leave and
military leave, to the extent that any
portion hereof is in conflict therewith,
and nothing herein will require the Company
to do anything inconsistent with the
orders or regulations of any competent
government authority having jurisdiction
to issue the same. Because of the parties
joint commitment to safety, nothing in
this Agreement or in the parties practices
will preclude the Company from
complying with findings and recommendations
of any governmental safety agency
with 14 days prior notice to the Union.
Upon request, the parties will meet and
confer on such findings and
recommendations. Except in the case of emergency,
the Company will make no changes pursuant
to such findings and recommendations
before 14 days, but in no event is the
Company precluded from making any such
changes after having given the Union 14
days notice if the Company was available
to meet and confer during that period.
ARTICLE G-14. NO STRIKE/LOCKOUT -- The
parties having provided for the final
disposition of all disputes, differences
and grievances which may arise between
them under this Agreement, the Union agrees
that it will not, nor will the
employees, members of the Union,
participate in any strike, slow down, work
stoppage, or interruption of service for
any purpose or reason whatsoever, nor
will there be any interference with the
free right of employees or passengers to
enter or leave the Company's property
unmolested. The Company agrees that it
will not lock out its employees under any
circumstances during the life of this
Agreement. This no strike/no lockout
commitment remains in full force and effect
for the entire term of this Agreement and
the parties waive their rights to
engage in such actions to support any
mid-term bargaining position.
If another union recognized by the Company establishes a legal
picket
line at a Company terminal, garage, or
other facility, the employees covered by
this Agreement are permitted to honor such
a legal picket line only at the
facility where work of the other union
local is or was being performed during a
regular shift.
If a union representing employees at a terminal operated by
another
company or by a commission agent
establishes a legal picket line at a terminal,
employees covered by this Agreement will be
permitted to honor such a legal
picket line, but only at the terminal where
work of the other union local is or
was being performed during a regular shift.
In all such instances, operators
involved may be required to drive their bus
up to the picket line.
The exceptions to the no strike clause set forth above will be
strictly
construed.
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ARTICLE G-15. RECOGNITION OF THE UNION --
The Company recognizes the Union as
the duly designated, sole and exclusive
collective bargaining representative for
its operators and for maintenance employees
not otherwise represented by the
International Association of Machinists and
Aerospace Workers. Supervisory
employees with the power to hire or fire or
with the power effectively to
recommend hiring or firing, managerial
employees and confidential secretaries
are excluded from this provision. It is
expressly agreed that this Agreement
does not cover terminals which may be
operated by the Company or the service
islands that may be associated with some
terminals.
ARTICLE G-16. COURT INQUEST AND
INVESTIGATION -- Employees who witness but are
not involved in an accident while on duty
and, as a result, are required to make
a report of the accident to the Company and
who are later required to attend
court or an inquest by subpoena, or
employees who at the direction of the
Company are required to attend court, an
inquest or an investigation called by
the Company attorney, or employees who are
subpoenaed and are required to attend
court or an inquest as a result of an
action arising out of carrying out the
specific orders of the Company, will be
paid eight hours per day at their
regular rate. Regular operators will
receive the greater of eight hours or their
missed regular run pay. The hours
compensated will not be less than the amount
of actual time lost plus reimbursement for
any expenses incurred while making
such appearance. Employees will not be
required to report for duty for any
portion of the day when the appearance
occurs during their shift. Employees not
able to obtain reasonable rest before the
start of their shift will not be
required to report for work on such shift.
Operators returning from making an
appearance on a date when their regular run
is out of town may position
themselves to pick up their run at the
layover point, if possible. Operators who
elect not to position themselves will not
receive guaranteed earnings for that
day.
When such service is required of employees on their regular
assigned
days off, or on vacation, employees will be
paid at one and one half times their
regular rate for hours so used with a
minimum of eight hours.
The hourly rate for operators for this provision is their driving
rate.
ARTICLE G-17. CREDIT UNION -- The Company
agrees to permit biweekly credit union
deductions from payroll for one certified
credit union for each employee. Signed
authorizations for deductions are to be in
the same amount each payroll period,
and requested changes in such amount for
the certified credit union will be made
only at the beginning of a calendar month.
The Company has no obligation to
establish a credit union.
ARTICLE G-18. SAFETY
(a) Employees Injured on Duty Employees
injured on the job will be paid in full
for the day of the accident provided the
attending physician advises an employee
not to return to work for the balance of
the day. If able to work, employees
must return to their duties. Employees
failing to do so will not be paid for the
hours not worked. Employees requiring
further medical treatment as a direct
result of said accident will not lose time
while receiving treatment, provided
the treatment requires only a nominal
amount of time. Maintenance employees
requiring further treatment during working
hours will be reimbursed for the cost
of Company approved transportation to and
from the garage plus time lost for
treatments.
(b) Medical Examination Physical
examinations required as a condition of
continued employment must be performed by a
physician selected by the Company
and paid for in full by the Company, except
as provided for in the appropriate
leave of absence clauses. Initial
examinations will be paid by the applicant for
employment and reimbursed after the
employee commences to accrue seniority.
When the Company requires employees to take examinations not
required
by the rules or regulations of the
Department of Transportation or other
regulatory body, employees affected will be
paid for their time. The provisions
of this paragraph do not apply to employees
who have physical disqualifications
determined in accordance with the first
paragraph of this section, conditions
requiring physician-required medical
re-checks, absences covered by workers'
compensation, long-term illnesses, or
disabilities.
Employees who refuse to submit to a medical examination when
instructed
to do so by the Company are subject to
termination. Employees who fail medical
examinations by a competent medical
authority approved by the Company may be
disqualified for service. The disqualified
employee or the Union may within 45
days after
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such examination, provide the Company with
the written opinion of a physician
selected and paid for by the employee. In
the event the physician selected by
the employee disagrees with the opinion
rendered by the Company-approved
physician, the Company and Union may meet
within 45 days and select a third
physician acceptable to both parties. This
same procedure will be applied to
employees returning from sick leave who
fail to pass their return-to-work or DOT
physical. The third physician will examine
the employee and render an opinion
binding on the parties. If the third
physician determines the employee suffers a
condition correctable by treatment which is
not otherwise disqualifying under
the DOT regulations, the employee may
continue working. If able to work, the
employee will be permitted to return to
work upon certification of fitness by
the third physician. Expenses of the third
physician will be borne equally by
the Company and the employee.
Employees separated from service because of physical disability
will be
returned to their proper places if and when
the cause of disability is removed.
Employees required by the Company to travel to take a medical exam
will
be reimbursed for their travel
expenses.
(c) Safe Maintenance of Equipment and
Machinery The Company agrees to maintain
all equipment and machinery in a safe and
sanitary condition at all times.
Supervisors will not require operators to operate a motor coach
that
fails to comply with FMCSR 392.7
(Equipment, Inspection, and Use) and FMCSR
392.8 (Emergency Equipment, Inspection, and
Use) The Company is responsible for
any fines, tickets or court costs in
relation to faulty equipment that the
Company has directed to be utilized.
Employees who intentionally and negligently damage or cause damage
or
disablement to any safety device may be
terminated.
The Company may provide awards for safety and service.
ARTICLE G-19. WORK PROHIBITION, SUPERVISORY
EMPLOYEES -- Supervisory employees
are not permitted to do any work performed
by employees covered by this
Agreement, with the exception that
supervisory employees may perform such work,
up to a maximum of 16 hours per month, for
the purpose of understanding the
dynamics of the work or where there are no
employees available and customer
needs require that the work be performed.
In the latter case only, if employees
were available and fit to perform the work,
they will be paid as if they had
performed the work.
ARTICLE G-20. SUPERVISORY SENIORITY --
Represented employees who accept
supervisory positions with the Company
retain but do not accumulate seniority
during the first 24 months in such
positions, and suffer no loss of seniority if
they return to the bargaining unit within
that time.
Employees in supervisory positions who desire to return to
contract
positions must do so under the provisions
applicable to those employees on
indefinite leave with a 15-day notice to
the Company and the Union. Employees
may only exercise their right to retain
their bargaining unit seniority when
accepting a supervisory position on one
occasion. Employees who choose to return
to supervision a second time immediately
forfeit their bargaining unit
seniority.
Supervisors who are currently accruing seniority with this
bargaining
unit will suffer no loss of seniority if
they return to the bargaining unit
prior to January 1, 1999.
ARTICLE G-21. EMBLEMS -- Union members are
permitted to wear the emblem of the
Union. Emblems will be of a size and shape
so as not to detract from the
uniform.
An appropriate decal jointly agreed upon by the Company and the
Union
which integrates the separate emblems of
the Company and the Union may be placed
on all Company-owned coaches operated by
members of the Union, and on all
coaches operated by members of the Union
that are leased by the Company on a
lease of 120 days or more. The decal will
be placed where designated by the
Company and in full view of the traveling
public. The Company and the Union will
jointly share the cost of developing such
decals.
ARTICLE G-22. NON-DISCRIMINATION -- There
will be no discrimination in hiring,
promotion, or other aspects of employment
because of race, creed, color,
religion, national origin, age, sex, or
disability. No employee will be
discriminated against because of
affiliation with or activity in the Union.
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ARTICLE G-23. PART-TIME/SEASONAL DEFINED --
Part-time and seasonal employees, as
defined below, will not receive the
benefits covered in this Agreement, except
as specifically provided below. Part-time
employees are defined as employees who
work less than 1,500 paid hours per
calendar year. Seasonal operators are
operators hired to work only during the
summer season (May 15 - September 15)
and/or for the following specific peak
periods: Memorial Day, Thanksgiving,
Christmas and Easter. Part-time employees
who work more than 1,200 paid hours in
a calendar year will receive holiday and
vacation benefits for that year as
though they were full-time employees in
that year. Part-time and seasonal
operators may not exceed 10 percent of the
full-time operator workforce.
ARTICLE G-24. REIMBURSEMENT -- All moneys
spent by employees which are
chargeable to the Company will be
reimbursed without delay.
ARTICLE G-25. NOTICE OF REPRESENTATIVES --
The Union agrees to notify the
Company in writing of the names and
addresses of its respective, duly accredited
representatives and committees immediately
upon their election or appointment to
such office.
ARTICLE G-26. NOTIFICATION OF PERSONNEL
ACTIONS -- The Company agrees to
promptly furnish the properly accredited
officer of the Union with a copy of
forms prepared covering the employment,
classification, resignation, transfer
and leaves of absence of each employee who
is covered by the terms of this
Agreement.
ARTICLE G-27. PROMOTIONS -- Equal
consideration will be given to employees when
making promotions.
ARTICLE G-28. UNION SECURITY -- To the
extent permitted by law, all full-time,
part-time and seasonal employees covered by
any portion of this Agreement must
become and remain members of the Union not
later than the 31st day following
completion of their probationary period or
the date of this Agreement as a
condition of their continued employment
with the Company. Initiation fees for
part-time and seasonal employees will not
be more than $50 and monthly dues will
be one and one-half times their hourly rate
of pay. Seasonal employees will be
offered withdrawal cards during off
seasons, which will entitle them to
discontinue paying monthly dues for up to
12 consecutive months so long as they
do not work for the Company during
off-season time and to commence working for
the Company thereafter without paying back
dues for that period or a new
initiation fee
ARTICLE G-29. SUBCONTRACTING -- The Company
reserves the right to subcontract no
more than five percent of its mileage in
any one year and the right to
subcontract for service on routes abandoned
for more than one year as of the
date of this Agreement. The Company agrees
that no more than 10 percent of its
mileage, measured from the annual mileage
driven in 1997, will be subcontracted
during the term of this Agreement.
Notwithstanding any other language in this
Agreement, upon notice to the Union, the
Company has the right to subcontract
service work, parts room work, and truck
driving work.
BENEFITS(1)
ARTICLE B-1. BEREAVEMENT LEAVE -- In the
event of a death in the immediate
family the employee will be entitled to one
three-day paid bereavement leave in
each calendar year to attend the funeral.
Employees will receive their leave
rate (as defined in Leave Rate) for each
day of leave except regular operators
will receive missed earnings. Employee's
immediate family is defined as their
spouse, son, daughter, sibling, parent,
current father-in-law, and current
mother-in-law. Employees who fail to attend
the funeral will be ineligible for
benefits.
ARTICLE B-2. EMPLOYEE ASSISTANCE PROGRAM --
The Company will provide an employee
assistance program to employees covered by
this Agreement on the same basis as
other employees of the Company.
------------------
(1) Unless otherwise noted, all changes in
the Benefits section are effective
January 1, 1999.
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ARTICLE B-3. 401(K) PLAN -- With the plan
year beginning January 1, 1999, the
Company will make a contribution of 50
cents, in cash or stock, for each dollar
contributed of the first five percent of an
eligible employee's pay. Prior to
the Company selecting cash or stock, it
agrees to meet and confer with the
Union. Additional matching contributions of
Company stock may be made at the
discretion of the Company's Board of
Directors. Company matching contributions
will be made no later than June 30th of the
year following the year for which
contributions are being matched; the stock
contributed will be valued as of the
date the matching contribution is made.
Employees who work 1,000 hours or more
in a calendar year are eligible for Company
matching contributions in the 401(k)
Plan. Company matching contributions vest
after an employee has completed five
years of actual service with the Company.
The Company will bear the
administrative costs associated with the
401(k) Plan, retain the right to choose
the plan administrator and exercise all
shareholder rights with respect to such
stock. The Company retains the right to
distribute the portion of a
participant's account held in the Company
stock fund in the form of stock.
ARTICLE B-4. HEALTH AND WELFARE -- For
full-time employees who have completed
their probationary period and become
eligible for benefits, the Company will
contribute into the Greyhound Lines,
Inc./Amalgamated Transit Union Health and
Welfare Trust:
-
a minimum of $165.00 per month from January 31, 1998 through
February
1999;
-
a minimum of $175.00 per month from March 1999 through February
2000;
and
-
a minimum of $181.50 per month for the remainder of the
Agreement.
The Company will increase its contributions on an annual basis, as
of
March 1st of each year of the contract, by
the amount necessary to maintain a
70/30 co-payment ratio but, under no
circumstances, will the Company be
obligated to increase its contribution by
more than five percent of the agreed
upon contribution in any year of this
Agreement.
ARTICLE B-5. HOLIDAY PAY -- There will be
eight recognized holidays: New Year's
Day, Martin Luther King's Day, Friday
before Easter, Memorial Day, Fourth of
July, Labor Day, Thanksgiving and
Christmas. Employees' holiday pay will be at
their leave rate. In order to receive
holiday pay, employees must work a full
shift on the last scheduled work day prior
to the holiday; the holiday if they
are scheduled to work the holiday; and the
first scheduled work day immediately
after the holiday, unless an active
employee has been properly excused for leave
without pay on such day(s). Approval of
such leave must be requested in writing
and, if granted, granted in writing.
Holiday pay is intended to ensure that all employees, whether they
work
on the holiday or not, receive an
additional day's pay for each holiday,
provided all such employees who are not
available as required by this Agreement
will not receive holiday pay.
Employees must have a minimum of 90 days service to qualify for
holiday
pay.
ARTICLE B-6. INCENTIVE PERSONAL DAYS OFF
(IPDO) -- Beginning in calendar year
1999, operators working 2,080 hours in a
calendar year will earn four IPDO days.
Operators working 2,500 hours in a calendar
year will earn an additional four
IPDO days for a total of eight. In
calculating hours under this provision,
vacation time and IPDO will be credited.
IPDO days must be taken in the calendar
year following the calendar year in which
they were earned. IPDO days cannot be
banked or sold. IPDO days cannot be taken
during black out periods and are
subject to manpower availability at all
other times as determined by the
Company.
ARTICLE B-7. JURY DUTY -- The Company will
pay operators on jury duty the
difference between missed earnings for
regular operators or the leave rate (as
defined in Leave Rate) for extraboard
operators and the daily amount paid for
such jury duty. Operators returning from
jury duty on a date when their regular
run is out of town may position themselves
to pick up their run at the layover
point if possible. However, if they elect
not to position themselves, earnings
guarantee will not apply for that day.
Maintenance employees on jury duty will be allowed the
difference
between their leave rate and the daily
amount paid for such jury duty.
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ARTICLE B-8. LEAVE RATE -- Unless otherwise
specified, the leave rate for
operators will be calculated as 1/6 of 1/52
of their earnings during the
previous 12 calendar months. Any operator
off for 30 consecutive days or more
without pay because of illness, workers'
compensation injury, furlough, or any
new operator with less than one year of
service will have their leave rate
calculated on a prorated basis, based only
on actual weeks worked in the
previous 12 calendar months.
Missed earnings will mean the amount of earnings that an employee
would
have normally earned on a regularly
scheduled work day. Employees are not
entitled to missed earnings for any
scheduled day off.
The leave rate for maintenance employees is calculated as eight
hours'
pay at the applicable hourly rate.
ARTICLE B-9. PASSES -- Employees passing
their probationary period will be
granted an annual pass to be used in
accordance with Company policy.
ARTICLE B-10. RETIREMENT PLAN -- The
Company and the Union agree to continue the
existing Greyhound Lines, Inc./Amalgamated
Transit Union National Local 1700
Retirement and Disability Plan hereinafter
referred to as "Plan" subject to the
following modifications: (1) In the event
the Plan actuary notifies the Plan
Trustees on or before November 1st of any
plan year that a contribution to the
Plan is likely to be required for the
succeeding plan year (e.g., by reason of
an expected change in actuarial assumptions
or methods or otherwise) hereinafter
referred to as the "Notice," the parties
will meet to negotiate a method of
avoiding such required contribution, but
upon the failure of the parties on or
before the December 8 following receipt of
the Notice to agree upon a method to
avoid such contribution, all future benefit
accruals under the Plan will be
frozen effective December 31st of the year
of the Notice; (2) if, after the Plan
has been frozen, any subsequent annual
actuarial valuation by the Plan's actuary
reports that the market value of the assets
of the Plan exceed 115 percent of
the actuarial present value of accumulated
plan benefits, the parties agree to
negotiate retroactive benefit increase(s),
in accordance with the pre-freeze
benefit formulas, for those participants
whose future benefit accruals were
frozen as a result of (1) above, but in no
event will such benefit increase(s)
cause the market value of the assets of the
Plan to be less than 115 percent of
the actuarial present value of accumulated
Plan benefits, determined after the
benefit increase(s) described above.
ARTICLE B-11. RETIREMENT (EARLY) LEAVE OF
ABSENCE (RLOA) -- Operators in the
Greyhound Lines, Inc./Amalgamated Transit
Union National Local 1700 Retirement
and Disability Plan (other than highly
compensated employees as defined by law)
will be allowed to take a RLOA prior to age
55 and retire without penalty at age
55. Years of service and average earnings
will be frozen at the time the RLOA is
granted. Operators will not be subject to
recall, but will be allowed to return
to work one time only before age 55
providing they meet all applicable
requirements at the time. At age 55
operators must return to work or retire.
Operators returning to work will not be
credited with years of service during
the RLOA but will resume the accumulation
of years of service upon the date of
return. Operators taking RLOA are not
eligible for health and welfare benefits
except under COBRA and other applicable
laws.
Forty operators per year, selected on a seniority basis, will
be
offered an opportunity to elect RLOA. No
more than five percent of the operators
at any location are eligible for RLOA and
locations with fewer than 25 operators
are limited to one driver taking RLOA.
ARTICLE B-12. STOCK OPTION PLAN -- A pool
of two million shares of Greyhound
stock will be made available for stock
options with a seven-year term. The stock
options will be granted under a new stock
option plan established for active
operators and mechanics who have three
years or more of seniority and have
worked at least 1,720 hou