staff re po rt - ac transit afscme.pdfthe membership of afscmethen ratified thetentative agreement...

Report No:Meeting Date

17-153

May 24, 2017

Alameda-Contra Costa Transit District

STAFF RE PO RTAC Transit Board of Directors

Michael A. Hursh, General Manager

Collective Bargaining Agreement with the American Federation of State, County,and MunicipaIEmployees Loca13916

TO:

FROM:

SUBJECT:

ACTION ITEM

RECOMMENDED ACTION(S)

Consider the adoption of Resolution No. 17-018 confirming the approval of a CollectiveBargaining Agreement with the American Federation of State, County, and MunicipaIEmployees("AFSCME"), Loca13916 effective April1, 2017 through June 30, 2020, and approve the necessaryadjustments to the FY2016-2017 operating budget.

BACKGROUND/RATIONALE

The District and AFSCME negotiated for a new Collective Bargaining Agreement from November2, 2016 toApri]12, 20].7, when a Tentative Agreement was reached. Allterms of existing contractwillremain the same but for the addition of the agreed upon proposals as provided in Exhibit Ato Resolution No. 17-018.

The membership of AFSCMEthen ratified theTentative Agreement on Maya-1, 2017. The ratifiedagreement is for the period of April 1, 2017 through June 30, 2020.

Board action is now required to formally adopt the ratified Tentative Agreement, and staffrecommends the adoption of Resolution No. 17-0].8.

BUDGETARY/FISCAL IMPACT:

The budgetary impact to wages and benefits includes: $476,882 for FY 2016-2017, $2,007,530for FY 2017-2018, $3,485,292 for FY 2018-2019, and $5,009,453 for FY 20].9-2020.

ADVANTAGES/DISADVANTAGES:

Approvalof the Tentative Agreement willcomplete the process of establishing a successor laboragreement between the District and AFSCME, Loca13916 for the next three years.

There are no disadvantages to approving this agreement

Not approving the Tentative Agreement would require the District to continue to operatewithout a Collective Bargaining Agreement, and force the District and AFSCME to return to thebargaining table

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Report No. 17-153 of 2

ALTERNATIVES ANALYSIS:

There are no alternatives to the course of action recommended on this report

eBlQB RELEVANT BOARD ACTION/POLICIES

There are a number of prior resolutions approving labor contracts with AFSCME, the most recent

prior resolution approving a labor contract with AFSCME was Resolution No. 14-040, approvedby the Board of Directors on July 23, 2014.

ATTACHMENTS

].: Resolution No. 17-018

Approved by: MichaeIA. Hursh, GeneraIManager

Reviewed by: Denise C. Standridge, GeneralCounselClaudia Allen, Chief Financial OfficerJames D. Pachan, Chief Operating Officer

Prepared by: Grant M. Lee, Executive Director Human Resources

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Staff Report 17-153Attachment I

ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

RESOLUTION NO. 17-018

A RESOLUTION A RESOLUTION CONFIRMING THE APPROVAL OF A COLLECTIVE BARGAININGAGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES, LOCAL 3916 EFFECTIVE APRIL 1, 2017 THROUGH JUNE 30, 2020, AND APPROVETHE NECESSARY ADJUSTMENTS TO THE FY 2016-2017 OPERATING BUDGET

WHEREAS, in accordance with Public Utilities Code Section 25051, authorizedrepresentatives of the Alameda-Contra Costa Transit District ("the District") and the AmericanFederation of State, County, and Municipal Employees, Local 3916, ("AFSCME" or "the Union")engaged in good faith collective bargaining to negotiate a labor agreement; and

WHEREAS, the parties reached a Tentative Agreement on various changes, includingwages and work ru]es on Apri]].2, 20].7 IExhibit A); and

WHEREAS, all terms of the existing AFSCME and AC Transit Collective BargainingAgreement not negotiated during the 2016-2017 negotiations will remain the same in the newagreement; and

WHEREAS, the Tentative Agreement was ratified by the Union's membership on May11, 2017

NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit Districtdoes resolve as follows:

Section 1. Confirms its approval of the tentative agreement negotiated in good faithbetween the representatives for the District and the Union, which covers the period of April 1,20].7 through June 30, 2020.

Section 2. Directs staff to promptly prepare in cooperation with AFSCME, Local39].6, an updated Collective Bargaining Agreement containing all of the agreed upon terms,causing the same to be published and made available to the workforce and the public.

Section 3. Approves a $476,882 increase to wages and benefits in the FY 2016-17Operating Budget. All other future adjustments to the budget resulting from the agreementshallbe reflected in the appropriate fiscalyears.

Section 4. This resolution shall become effective immediately upon its passage byfour affirmative votes of the Board of Directors.

Section 5. This resolution shall become effective immediately upon its passage byfour affirmative votes of the Board of Directors.

PASSED AND ADOPTED this 24th day of May 2017

Resolution No. 17-018 Page I of23 of 164

Elsa Ortiz, President

Attest

Linda A. Nemeroff, District Secretary

1, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, dohereby certify that the foregoing Resolution was passed and adopted at a regular meeting ofthe Board of Directors held on the 24th day of May, 2017, by the following rollcallvote:

AYES:

NOES:

ABSENT:

ABSTAI N

Linda A. Nemeroff, District Secretary

Approved as to Form and Content

Denise C. Standridge, GeneralCounsel

Resolution No. 17-018 Page 2 of24 of 164

Exhibit A

Resolut ion 1 7 - O 18

Union Proposals IMark Up)

Ul: Section 1.1, 1.2: Recognition and Coverage

U2: Section 2.1: Rights and Responsibilities

U3: Section 2.5: Extraordinary Actions

U4: Section 3.5, 3.6 Distributions of Literature, Loss of Privileges

U5: Section 3.4: Bulletin Boards

U6: Section 3.8: Union Business Leave

U7: Section 3.1 1: New Employee Orientation

U8: Section 6.1, 6.2, 6.3: Resolving District Issues, Positive ProblemResolution. Grievance Procedure

U9: Section 7.1, 7.2, 7.3: Progressive Discipline

U10: Section 1.2: Recognition, Unit Determination and Clarification

Ull : Section 2.2, 2.3: Non-Discrimination/Harassment, WorkplaceAccommodation

U12: Section 2.4: Zero Tolerance

U13: Section 3.1, 3.2. 3.3: Union Rights

U14: Section 3.7: Access to Employees

U15: Section 4: District Rights

U16: Section 5.1, 5.2, 5.3. 5.4, 5.5: Definitions. Representation, Probation

U18: Section 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8: Hours of Work

U19: Section 9.1, 9.2, 9.3, 9.4. 9.5, 9.6, 9.7, 9.8, 9.9, 9.11: Salaries

U20: Section 10.1 : Holidays

U21: Section l0.3: Holiday Credits

U22: Section 11.1. 11.2, 11.3. 11.4: Leaves

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Union Proposals IMark Upl

U23: Section 1 1.7, 1 1.8: Administrative Leave

U24: Section 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9, 12.1012.11, 12.12, 12.13, 12.14, 12.5: Health and Welfare

U25: Section 14.1, 14.2, 14.3, 14.4, 14.5: Allowances and Reimbursements

U26: Section 15.1, 15.2: Health and Safety

U27: Section 16.1, 16.2, 16.3, 16.4: Education and Training

U28: Trauma Assistance

U30: Section 16.5: Professional Development Committee

U31 : Term of Agreement

U32: Section 19.3, 19.4, 19.5: General Provisions

U33: Refer to Article 13 Retirement

U34: Section 24.1. 24.2, 24.3, 24.4, 24.5, 24.6, 24.7, 24.8, 24.9:Maintenance

U35: Wage Adjustment

U36: Section 1 1 .5: Leave of Absence

U37: Section 17.1. 17.2, 17.3, 17.4, 17.5, 17.6, 17.7, 17.8, 17.9, 17.10:Personnel Actions

U38: Section 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8, 18.9, 18.1018.11, 18.12, 18.13: Reduction in Force and Layoffs

U39: Section 22.1, 22.2, 22.3, 23.4, 24.5: Bargaining Unit Work

U40: Section 23.1, 23.2: Transportation Department

U41 : Contract Negotiations

U42: Section 13.1, 13.2. 13.3. 13.4: Retirement

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District Counter of 3-27-17

AFSCME Local 3916 Proposal to AC Transit

Proposal #l

2016/17 Contract Negotiations

December 15, 2016

On the date set forth below, Alameda-Contra Costa Transit District (hereinafter g..gtale-jljbg.District) and American Federation of State County and Municipal

Employees, Qa;Un;;g;i I $ 7 , Local3916 (hereinafter AFSCME r--Loea+--394-&-or the Union) made and entered into thisCollective Bargaining Agreement (the "Agreement") as follows:

ARTICLE 1 . RECOGNITION ANDCOVERAGE

1 .1 PURPOSE

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The Union and l11bg..District agree to cooperate fully in the establishment andmaintenance of harmonious and orderly relations and recognize the need forgood working conditions, --fair and impartial discipline and treatment ofemployees, and ongoing involvement in improving the District.

Towards that end. the Union and the District have entered into this Agreementwhose purpose is to provide orderly relations between the District and itsmanagement, administrative and professional employees (herein "Employees")represented by the Union, and to:

Describe rights and benefits provided through District employment and thisAgreement;

BEstablish procedures for the disposition of disputes that may arise and;

Provide a mechanism for improving service to the public

1 .2 RECOGNITION. UNIT DETERMINATION AND CLARIFICATION

A. The Board of Directors of Alameda-Contra Costa Transit District (theDistrict) recognizes AG-HAFSCME;;;Qg)u;neil.;;$Z; Lol;aj; 1191 Q Mai:FagemeN

as the exclusive bargainingrepresentative of the classifications/ positions described in BoardResolution No. 838 as

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adopted on June 9, 1993. as amended, (the Unit).be subject to the terms and

conditions of this Agreement.ILSuch positions shall

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Grant Lee

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AFSCME Counter to March 31, 2017 to District Counter 1/12/17 to AFSCME Local

3916 Proposal to AC Transit

Proposal #2


December 15, 2016

2.1 RIGHTS AND RESPONSIBILITIES

The Union and District agree that both have obligations and responsibilitiesto see that the statutory objectives and mission of the District are attained

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The District has the duty toresponsibilities and rightsDistrict responsibilities.

bnaFl:espo+:ls+b++++ies-d Managementexecuteto attain this goal and the Union recognizes those

The Union and the District agree to cooperate fully in the establishment andmaintenance of harmonious and orderly relations and recognize the need forgood working conditions. fair and impartialdiscipline and treatment of employees,and efficient operation.

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AFSCME Loca13916 Proposalto AC Transit

AFSCME Proposal #3


December 15, 2016

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ACT Counter 12/22/16 at 10:30am

2.5 Extraordinary ActionsArticle 2.2, 2.3 and 2.4 are not subject to Article 6, Problem Solving, Arbitrationand Grievance Procedures.

AFSCME Counter 12/22/16 at 2pm

2.5 Extraordinary Actions

Both parties agree that issues facing the District and Employees must beresolved for the District to effectively pert orm the business of publictransportat ion .It is desirable to resolve issues whenever possible at the lowest level, improvingmorale, increasing communication. building trust and improving relationshipsin the workplace. It is highly recommended to initiate communicationbetween the District and the employee to resolve any and all issues at thelowest level possible.Articles 2.2, 2.3, and 2.4 are not subject to the formal grievance processand/or arbitration.

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AFSCME Counter to District Counter 2/16/2017 to

February 23, 2017

Proposal #4

3.5 DISTRIBUTION OF LITERATURE

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ThQDistrict shall provide the Union with the nrivileae of utilizing theDistrict:s inter-office and electronic mail as reasonably necessarv in thedistributlQQ Qf.information to AFSCME members per'tainina to Unionrelated electjp q gpDQjntments, meeting dates. minutes of Unionmeetings. news items and social and recreational activities in accordancewit!!Disk! ict Policies and procedures and anv other governing regulations.Anv Union inter-office or electronic mail must be reviewed andapproved by the Union President or designee prior to distribution.

3.6 LOSS OF PRIVILEGES

!f the IURioR=bu8cs-ills The privileges defined under sections 3.3 Use ofFacilities. 3.4 Bulletin Bogrd$. and w 3.5 Distribution of Literature of this Articleoaw be rQSQjnded by. the District should serious or recurring violations ofDj$trict oojjQies.and procedures and anv other governing regulationsoccur: The General Manager or designee shallreview and make thedQlgrnli ptipn tQ !Q$Qing pnd/pli re:i $tpt $yQbprivileges. ;-.it..auld-its

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District Counter 1/12/2017 to AFSCME Loca13916 Proposalto AC Transit

Proposal #5

3.4 BULLETIN BOARDS

The Union may use designated bulletin boards::In::accordance with QXi$!ing Pi$tliQtpolicies: and procedures to post notices Dertainlnqto.Union related elections.appointments, meeting dates. minutes of Union meetings. news items and socialand recreational materlahelated-tc Unloi} btFs+ness: activities and services.

Where bulletin board space is not available, the District agrees to provide sufficientalternate space and/or suoolv bulletin boards. Any material which is posted must beauthorized. dated and initiatedposting, end col)lcsPresident or designee orlgt to posting:

by the Union

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meth.gbeardaoi. alternate sufficient Space will be provided at eachpermanent DistrjGt premises. et:!!:lefellowlna :ocatlons:

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AFSCME:$ounte( tQ District Counter 2/16/17 tQ AFSCME Local 3916 Proposal toAC Transit

.Proposal #6y2

.March 10. 2017

3.8 UNION BUSINESS LEAVE

The Union shall have the choice of requesting an unpaid leave of absence or apaid leave of absence (union leave) for a Union member. An unpaid leaveof absence may be granted by the District within its sole discretion pursuant tothe unpaid leave of absence provisions in the Agreement.

The District may, within its sole discretion, grant leave on a lost time basis.In that case, the employee remains on the District payroll and the Unionreimburses the District the full amount of the affected employee's salary. plus anadditional amount equal to the cost of salary driven benefits for all time theemployee is off on a union leave up to six months annually.

r' Except in case of emergencies or layoff situations, Union leave shall not beterminated by the District prior to the expiration date.

.ee

,Employees on unpaid leave of absence or paid leave of absence for ynlgnbusiness shall surer no loss of compensation. seniority ally/or benefits with theexception of those identified in section ll .5 (B) 2 Effects on Benefits. Effect on-BE ement Leave which will be ororated based on the actualnumber of months worked.

The Union and employees on union leave shall waive any and all claimsagainst the District for Workers' Compensation and Industrial DisabilityLeave which arise while on union leave.

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3.9 COPIES OF THE AGREEMENT

The District shall provide a o rinted-copies copy of this Agreement to eachco\#e+:ed-employee covered under this CBA and all new employees hired into theUnit. The District al:ld t+luA U4en shall sp+k-shall Wn cover 1 00% of the cost 6Q/50of all orinted cooies of the Agreement. There will be a maximum of 400 contractsorinted by the District. The District will also provide access to the aqreemeDLQDthe AC Transit public websjt9:

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,-k AC Transit Counter Februarv 16. 2017 to AFSCME Loca13916 Proposalto AC

Transit.Proposal #7


3.i i NEW EMPLOYEE ORIENTATION

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Tho Union President or desjanee mav meet.wile.new.empIQvee$ tgjntroduceQmDIQVQQ$ !o the Union and the Union contract. This meeting shall not last morethan tHrty (3Q} minutes in duration.

yoon im I NetiQE.Qt thQJew AC Transit OnboardinQ Program. the Districtagrees to nrovidQ:tjt11QiDgew hire orientation Presentations for the Union Presidentor designee to meet with the newempjovees represented by AFSCME to introducetho emDIQygQS. !Q.theErliQ Jn.lea of the meeting described above. The Districtshall notifv the yr]iQltOttEie data a d]i ]e for new employee orientation meetingsat least three(g).by$i $94ave h advance:

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District Counter of 3-31-17AFSCME Counter March 30. 2017 to District Counter of 3-23-173-44-1;

AFSCME counter March 20, 2017 to District Counter 4/123/1/17 to AFSCME Local3916 Proposal to AC Transit

Proposal #8

ARTICLE 6. PROBLEM RESOLUTION AND GRIEVANCES

6.1 RESOLVING DISTRICT ISSUES

+++e-Pg!!Lparties agree that issues facing the Districts 0d ttlQ yr) iQr) genenl+:r-as.-well-uIssues facing dei) rtmcnt: cr divi:Ions must be resolved in order for the District toeffectively perform its business.

6.2 POSITIVE--ositivoPROBLEM-RESOLUTION

.,... I :Fhe-Both parties agree that it is desirableg+:+e\fa+3ces- at thee lowest 14::evel. to strive toward 7-improving morale. increasing communication

to resolve issues whenever possiblel

bulldi !wlL3nd jmprovin. Labor and management relationse

bg

Both parties mav agog.gElhg.establishment of a:Labor Management Committee to improvecommunications, build trust. imprQye- morajg.]tldlo discuss and explored:ev+ew-.new ideas onimproving the work environment.

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GRIEVANCE PROCEDURE

The following procedure is established as a result of Q muty4LJDtq£g$LPQlbtpqrLof the Districtand the Union to settle grievances ctuickly gnd f4idy: f ploy glgDfl/gLlheir Union Representativeshall not be discriminated39qjns!. QQI.€gd. or inlg11kred with in a11Ewav because of filing a

rl eva nce

ction 41: General Rules and Procedures.}

oartv's request for an extension must be in writing and will not be unreasonablv denied by either

adhere to the time limits set forth in this aAareement shall cause forfeiture for thelCfase and the

fa is to adhere !o the time limits set f ottFLjn !helgato the next step in the grievance orocess at the request of the Union.

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Section 4,2. Grievance DefinedA grievance is defined as, and is strictly limited !o. disputed.which. arise concerning theinterpretation or application of the specific terms of this Agreement 'e le

discharge/terminations. susoensions and/oras well

demotion of employees

a. Written warninpgD Zg!!Jibe fi ygdlhrouRh Steps I and 2 and cannot move forwardto arbitration. No further remedy will be available

Matters excluded from the grin r] f = precesfinflude :-wl:+€te+;np\lal;F:l+l:lRs7 oral

counseling, or I nd written and \irlttcn rc rlm nd;.oerformance evaluations--process. --t+nrelease of a!!g ploy edurlnglbQj! jDjljpjplobationarv period. District's hiring decisions. and itemsrequiring capitalexpenditure. \Written -.varnln=:.

a. Wl:i++e+:l00oral eo+;uasel+++ncounselingrc=rim=nds. written {:eol:+nnt+ds--andPgriEQI.!!!glKq velyetiQll$ qrqjppgglable only to the next higher level of supervision, asthey are not subject to the gl.!gvqoqg proQgs$: !

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Emplpyqg! qrQ glltj1led to rQliresentation during !he grievance process. An emplovee shall not beenli11e([!agile QLLgPresent their own grievance without a Union representative.gmp+o\'ees..s+:laH

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E?Q€yuents of a disciolinB11E nBturQ QI. negative pqtfQrmgtlQq IQPQl!$ $hqit be removed from theqHpjQyge's file at the writteQlecluest of the employee. after q period of twQ j2jvears, unless theDistrict can show that the behavior has not changed or improved.

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.The ene4:3;.Ftwo {2) vear limitation will not apolv to previous disciplinary actions related to egregiousconduf!, such afh rassment in all formslncludln :cxu I har ssmcnt, retaliation, patel:lad-cr mindactivitv. violence and :willfuldestruction of prooertv or potentialiniurv to the employee or others.

Section 33. +ftfoi:l:i:n+Grievance ProcedureEmolovees are encouraged to trv to promptlv resolve disputes with theirdirect manager/supervisor

through an informal procedure within ten lt01 by$jrless dpy$ pllhe occurrence. If the DirectSuoervisor is out of the office on vacation. medical leave. etc. the employee can trv to resolve the

issue with the next levelof supervision.

Step I - -Initiating Grievance

If the employee is unable to resolve the issue informally through communication with thgDistrict. \A/within -;f+\re..fifteen f155}-+el:l40+ business days of the informal communication or

initial occurrence-. the AFSCME Union Steward must submit the grievance in writing: Thegrievance must contain g dg$frll!!i9n of the alleged violation referencing the specific sectionof this Agreement .that is considered to

be in violationwanf+ela4:ed: and a potentialresolution. -The written Rrieva ]] ce mUSt be gjvQnto the Deoartment Manager/Superintendent and the AFSCME Union President: Once !hgwritten grievance is received by the Di$!tJ.If!.!bean employee, shall form ll\' discuss \..'lththeir immediate District Mmanager/Ssupervisor and the Union Steward shall meet toforma[[y discuss the issue(s) giving rise tQ tile grievance. ]hc cmp]c'/cc cr Union Steward

It is the responsibility of the dit;eGDistrict mManagQt.AsSypqlybgLhvolved to schedule ameeting with the grievant and AFSCME Union Steward within ten (lO) business dave ofreceiving the t:eql:test..to..meetwritten grievance: Additional meeljDglDLdjSCussions maK beheld to resolve the matter with the emtljQygQ. AFSCME Union Steward, and DepartmentMmanager/Ssu pe rvisQL

The Deoartment Mmanager/Ssupervisor will respond in writing within tqn {lQI businessdave of the last scheduled meeting. If a resolution is achieved, it shall be documented inwriting and sinned by the grievant. AFSCME Union StQWprd and E?gHeE!!ngn!

mMa nagel/Suoerviso r. A coD of the resolution

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willbeorovidQdlQlhg#y R Qyl e Pir !crLabQ[RQlation$ ManagQ[6rdesjgnee.Anvresolution at Step I should not set a precedence

If a resolution is not achieved. =the AlfSCME employee--al:td/or...Union Steward maul:i:lustnnv file aseco++dSecond Sstep grievance. The seeetdSecond Sstep grievance must be filed by the Union inwriting wllihiltJ oJllQLbusiness days from the date the Step I dee+sionwritten response wasrendcrcdissued by the District.

Within ten {10) business dave of the receipt of the ++:lfoi:mdStep ]l dee+sion]e$ponse. or adiscovery Qfj lleged eelevenecQntrac! yiQlgtion,!he +ormaSefQDfjStep+ in -gl4evancethe grievance D[QfgDedui:e mustmav be iDjljatQd by

Union Steward or Union President #++ne..--.an

appt:epl:+a€esubmitting a Step 2 -gGrievance, vermin

Difq$©f[:gbQLl3g]gtliQDIMgrlqgeLQr] $jgDee: Qopjelg.[gll gr vqnw;gl3r)d Qr] qspondingdocumentation shall beManager or designee. and the AFSCME Union President.

The Labor Relations Manager or designee will set up a meeting with the emploveQ: !hgAFSCME Union Steward or Presiden!, l;he ai)d the app11c5k

ManBgQt ot designee and other necessarv parties.The Step 2 meeting shall take be scheduled, but not necessarily held. within ten (IOIbusiness days and bep+ace for the purpose of attempting to resolve and/or clarify the

rievance. 3

The R9:Qyrccs 9ir ctcrLabor Relations Manager or their !helLdc:ign t d.designee shall issue a written decision on Step-3:-o+..the Sstep 22 grievance€+i;g....within ten (IO) business days of the Step 2 grievance meeting. The

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decision will be mainlaitlQd in !he LaboLDeppQDqlB..wkllg fQnv provided to the U!!jgnPresident.

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SectionStep 433 r=ArbitrqtjgD ;If the Union determines the result Qflhef! p2LdeclslQnn;level:Fn-n:ends is unfavorab ee,

ti-.the Union mav file an appeal to arbitrate. !be y iprt y$tn+aylgqyg$!3D arbitraltjgDhearing within ten (t.01 by$jnQstdgyfgf lggeiving the Step 2 response from the District.Uoon aopeal. aanAn -arbitrator shallbe selected from a list of nine (9) names supplied bythe State Conciliatio n Service or by mute al greemen!,.Ihe !!!!iQn e+:-el:i:tolovee-and/e-r th g

District t.gpre$QotgtjygghBEg!!g111gtelv strike one (1) name from the list until one (1) nameremains. The arbitration shallhave their.decision within 90 calendar dave of the hearing.w

Anv cost(sl associated with the arbitration. irlcludirlg p QQurt [QPQ!!gl gqUgggd.Wilt besolit eauallv between the District and the Union.

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Albilrg11p shall be $fbqduled dung Q!.odtrict office hours

The arl Y nt m y attend th lire hearlnfThe grievant may attend the entire hearingwithout loss of Cgmp ]]s EiQn. 1]] !bg€ygl):Eof a grievance invojvitlg a grQgD.9£gmlllQyees.one repB$QD! !iv de$1gr) ! d by !h y iQn involved sbgyQlavbe authorized to attend theeMiR hearing without loss of compensation: :All other emDlQyqQ$ iOyQlyqd!!!.!hpgrlfygr)(imav be called as witnesses. Witnesses called by either :party will be authorized to attendthe hearing when active participation is necessarv and required.--witt:lout---less---ef€i3mpe+:bsa€+on:. Witnesses will onjv be compensated for the time they acltyqjjy partigjpateit! the hearing andfor reasonable traveltime up to ODQ (1) hpurbefprai deflQ(ilhg hQqriDg:

Recluests for copies of anv materials to\O..o be used as evidence shall be made at least five

(5Lbusiness days prior to the arbitration in accordance with Sections.7 (D) Access toEmployees:

The ++:li+;d-pai;+v..arbitration shall be binding upon both parties. However. the arbitrator shall

have no authority to modify, amend, revise. add or subtract from anv of the terms orconditions of this agreement.

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L Pb111S!.feynle!.!aAFSCME Local 3916 Proposal to AC Transit

Proposal #9.)CZ


ARTICLE 7PROGRESSIVE

DISCIPLINE

7.1 PROGRESSIVE DISCIPLINE

:-The Distrid maintains a progressive system of discipline. Progressive disciplineis defined as training, monitoring, c6u+t:se+ingQgyDggljD9999blDg. or discipline!ili£2..!:=':'!gwi; gh= ; '1 ;1 ilperil?stance or y!!!Ugl9lE..separates a person from emp oyment. 'Progressivediscipline is designed to change an employee's on-the-job behavior by providingmanagement with a step-by-step process for rehabilitating the employee who isnot meeting the standards of the job. At the same time. it defines thegraduating consequences of violating work rules or of continued substandardperfomlance. The purpose of this approach to employee discipline is to assistan employee in correcting his/her unacceptable behavior or performance and toassist management in establishing a framework for a documented case todiscipline an employee who does not meet the standards of the job.

7.2 COMMUNICATION

It is the responsibility of District management to monitor the performance and--...conduct of the employees they supervise on an.g..[ggl4jg11tocs2] at:id-ongoing basisand to +inleV..communicate problems to gD:employees as set foNh below in atimelv manner. Progressive discipline depends on clearly stated standards andexpectations, timely notice of perfonnance problems or the violation of Districtwork rules andZgt pollciesr and timely response by the employee to correct theproblems or violations.

7.3 STEPS IN PROGRESSIVE DISCIPLINE

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BA An employeeWritten Warnin!improvement [ocs6]shall receive

Fse+hlthe Bcurrent issue($ih include alla-a time. line fol:--hDgy +s-'n

standards a!!d.s9algto ee's

be estab lisheBbyshall be reviewedwarning

Directorae'

who has not shown adequatea written warning that gggUlnS!)!a..l!!S

improvement:.g£BI)t:oveme+:#--and specific

meet P e r i o d i Qi re ct su De rv!$

A proposed written

D9pg1111Dg!)L prior to issuance

The employee receiving a written warning may submit a response !atwill be included with the written warning in the employee's personnel file.

A[ternative[y, ]Lthe emp]oyee glg!b9Wf«'ng8:f..b9..g!..!bg..may

e

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brievance based on tf

outlined in Article 6.

I wIthIn ten {10}wo::kna .Hays:file alin accordance with the orocedures

GB Adverse Action: Adverse action shall be defined as a suspension withoutpay, reduction in pay. demotion, dismissal or a performance postponedstep increase 6See ArtjQjg: 9.2.B). Before taking adverse actionagainst an employee, the employee must:

l Receive a preliminary written notice of the proposed action statingthe date it will be effective and the specific grounds and particular

the action is will--be-taken+:F+sfacts /dccum: }tupon whiche

2 Receive any known written material, reports, g..Q.d.for documentsupon which the action is based.

Except in unusual circumstances, the notice will be issued withinforty-five (45) days of the incident [ocsiolgiving rise to the proposeddisciplinary action.

DC Skellv Conference: Within five (5) wot:l(}rlg-business days of receipt ofthe notice of an adverse action, an employee may request a SkellyConference--with his/her supenv'igor a designee--or provide a Skellyresponse in writing in lieu of a hearing. The request or response mustbe in writing. If a Conference is requested, it must be +:lead--scheduledwithin five (5) work+llg-business days of the receipt of the request.Bildheld wiDjD fiftQQ (15) eale+;dubysiness days of makjnri the request.ul:F+ess a++--An extension +s--mav be requested by either party inwritinaagreedto }!} wrlthg. Requests will not be unreasonably denied by

P

either part .wWAW

P9Blocsiil:+

The employee may be accompanied by aor Representative IDcslzlat the Conference. The Skelly Conference is ameeting where the employee has an opportunity to present any additionalfacts. documentation or mitigating circumstances he/she wishes theDistrict l:ep+:eseil+atn/e-Skellv Officer to take into considerations however,the Skelly Conference is not an evidentiary hearing. The employee maybring, but may not compel the attendance of supporting witnesses. Withinten (lO) work+tlg-business days following the conclusion of the $1SeBConference, the super'lsornr deslgneeSkellv Officer shall issue a writtendecision to the employee and the Union: Steward/Representative and the

Union ;reward

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Di$t£ict:odEocsHslatlng the effects'/e date- iF-+he- d+si;brine..--is--up+leld: Eneeded . Aran extension of time to issue the decision must be mutuallagreed to in writinglocst4}. The oarties will not unreasonably withholdagreement.

gD Any adverse action which the Union and the employee believes is notsupported by just cause. rrlusb-be-atapedcd to ha L;MC e:' processed

advnlced tuarbitratlon.will follow the outlined cirievance orocedure andtime line in Article blocslgj: Based---on--.adverse action being ;bran: the

fpealele

g

+

E&tteLmust-bee

FE Immediate Susoension/Adverse Action Without Pa

l Upon approval of the General Manager. an employee may besuspended immediately without pay for the following reasons:

Being under the influence of, or in possession of alcohol,.. aa controlled substance and/or illeqal=narcotics or marijuana I[ocsi6]on District property or in a District vehicle in violation ofDistrict policy.

Use. display or possession of a firearm on District property orin a District vehicle.

Sexual harassment and/or sexual misconduct

Theft or embezzlement of rhone\r ang/ol.District property

Physical assault gDgZor fighting

Gross misconduct

Threats of physical hama or violence

2 The District shall +:lead-schedule a Skelly Conference within five(5) wo+:l(+i+g..--business days. to be held within..fifteen ll$)

the stlsl;el:hsien.-.adverse action noticeto determine if there is sufficient lust cause for hesttspe[:]siandiscioline.tDcsi7i AO gxtQr]$ig]] gy bg;.;lgqyested by

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either party in writing. Rectuests will not be unreasonablv denied byeitlnrped

3: #f the adverse action te--st+spet+dis upheld, the employee will havethe right to appeal the action tQ.-t+)e-li:MG-QI'tQ-yglDg.the grievanceprocedure as outlined n Artic e 6[OCSUjrAOi9}. - Kneeded. an extensionof time to issue the decisiQlt.uy$t be mutualjv agreed to in writinqlocs20l:.

The parties will not unreasonably withhold agreement.e

4 If the adverse action ta immedlately+u;+sl)elm is not upheld,the employee will be returned to work and made whole. ;+n{)+sHet-m

'$-to-\n

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h AFSCME CQyntgLM[r£h.27..2Q]Z]Q.Dj$trict CoyDtg!. (#2) 3/2023/2Q17 toAFSCME Local 3916 Proposal to AC Transit

Proposal #lO


1 .2 RECOGNITION, UNIT DETERMINATION AND CLARIFICATION

' Section 1.2 A was covered in AFSCME Proposal #l from 12/15/16

B The detemlination of whether a new or modified classification/positionis within the Unit shall be based on:

1. The criteria/standards established +n-.as a result of themanaciement team findings in accordance with Resolution No. 838(AppendixA), i.e.:b+theIJn#Oeterm nation.

lvVhettiet b particular classification/position is crucial itd:thenegotiation, grievance and/or disqipljnaw processes invoivinq title

+ Whether:a :particular classification/position is in a su$Dort positionfor bne of. thesd :dlasgifications dnd. handles. materials related :tondd6tfatEorl$/Q'rl&Vdhb6$.6nd/or the digs.iDlinarV'br6cQss involvingthe.:lUnit. leuio621

9

99

wa WA.w

w in.w

2 Comparing the duties and responsibilities of each new or modifiedclassification with the duties and responsibilities of classificationsin the Unit and those out of the Unit to determine whether the newor modified classification is essentially more similar in character.function, and scope to classifications in the Unit or to those out (if 'thA I Init

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.In the event that the Board repeals or adoi)ts changes to Res61utionNo. 838. including attachments. or implements anew Board Policvon:thetdQterDil] tie ef! r9$ Dtlggon for new or modifications toclassifications/positions during this contract. the District will providea minimum of nmeer!::H15) calendar days' :notice. then both parties

discussbared:to-$et'uo"a meeting to [ne GL3

D +f--e+t+wlf either party believes there should be a change inwhether the classification/position should be included or excluded, theparties shall review the job content of the position/classification t++ioughthe !.=bcr M n cement Committee {LMC} to meet and discuss in an effortto reach mutual agreement. Should the parties not reach a mutualacireement. the District reserves the right to make the determination.

E. In the event that agreement cannot be reached on whethera position/classification shall be included or excluded from the Unit,should both parties agl.gg. the issue mav shek-bemediated through the State Mediation and Conciliation Sewice (SMC$):

If no agreement is reached followingmediation, the issue may be moved for a formal hearing before theSMCS. If the District moves the issue forward. theposition/classification shall remain in the Unit until a final resolution isreached; if the Union moves the issue forward, the position/classificationshall be removed from the Bargaining Unit until a final resolution isreached.

If it is determined that a position or classification has been improperlyremoved from the Bargaining Unit the District agrees to reimburseAFSCME for lost dues.

.S/ zn \ \l

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Proposal #ll2016/17 Contract Negotiations

January 12, 2016

2.2 NON-DISCRIM INATION/HARASSM ENT

The parties agree that the provisions of this Agreement shall be applied equallyto all employees without discrimination as oer current federal and Californiadiscrimination laws.

The District recognizes the right of employees to fair and equitable treatment.The District will not condone harassment, including sexual harassment. by itsemployees. Harassment may include. but shall not be limited to, use of abusivelanguage, racial and ethnic slurs, and sexual advances or slurs.

2.3 WORKPLACE ACCOMMODATION

g:.The parties recognize that the Americans With Disabilities Act ("ADA") and/orthe Fair Employment and Housing Act ("FEHA") (the Acts) may requireaccommodations for individuals protected under the Acts, and thatbecause these accommodations must be determined on an individual,case-by-case basis, the provisions of this Agreement may need to be waivedto accomplish the accommodations required by the Acts. Should it bedetermined that any provisions of this Agreement must be waived in order toundertake required accommodations for an individual protected by the Acts,either party will provide the other with written notice of its proposed waiver.All waivers of any provisions of this Agreement in order to undertake requiredaccommodations will be by the mutual agreement of bulb.parties. Waivers ofprovisions of this Agreement will be made only when necessary to complywith mandatory provisions of the Acts. The Union agrees it will not arbitrarilyor unreasonably withhold consent. Any accommodation provided to anindividual protected by the Acts shall not establish.g..1211g£gdg111g11 a pastpractice, nor shall it be cited or used as evidence of a past practice in thegrievance/arbitration procedure .

34 of 164

l

;l~.wa P.I lb ItV

':..L ,&u~«.

35 of 164

District counter 3-10-17

AFSCME Distd€bCounter to District Counter from 2-16-17 to

February 23. 2017

Proposal #12


2.4 ZERO TOLERANCE FOR WORKPLACE VIOLENCE

The Union and the District agree to abide by Board Policy 211.g, Zero ToleranceforWorkplace Violence including alluDdates to this policy aDoroved by the Boardduring the term of this 8QrQqD911t.

The Union grid th Dj$trjc! agree to abide by Bog:rd Pelicv..2QI.Anti.BuHvi.na.andPrevention eLAbugve.Cerlduc! i!! tile VVeBoiace:--wHc++,+s-atlagl3eg.he+:da-as=Appendj8)(t-al:td4lv-++l+s--Hfewea.-incorporated-t:groh: indludinq all Updates to this Dolicval)Droved by the Board during the term of this aareeme11t

3. -\ o - \'''?

36 of 164

1. District Counter of 3-30-17

AFSCME Counter March 27, 2017 to Dj$!dlilC9untecQf 3-23-1Z

AFSCME Counter March 20, 2017 to District Counter 3/14/17 to AFSCME Local


Proposal #13


ARTICLE 3. UNION RIGHTS

3. 1 UNION MEMBERSHIP/DUES

A. Membershio: Membership in the Union is not compulsory. Employeesshall have the right to join, QLnot join. maintain or drop their membershipin the Union. Neither party shall discriminate against any employee as!!Lregards !g.union membership or non-membership.

B Dues: As this Agreement has been made for the benefit of all employeesin the Unit. both members and non-members of the Union. it is fairthat each Unit employee pay his/her own way and assume his/her "FairShare" of the obligation along with the equal share of rights and benefits.

l Current Employees: All current permanent employees andtemporary hires employed for 30 or more calendar days whoperform bargaining Unit work shall, as a condition of continuedemployment, become a member of the Union or pay a "Fair ShareFee" equal to the monthly dues of the Union.

2 New Hires: Within 30 calendar days of employment. all permanentemployees. temporary hires, or employees promoted into the Unitcovered by this Agreement shall. as a condition of continuedemployment, either become a u don member--of--t+:le-U+:Flan, agreeto paya "Fair Share Fee" equal to the monthly dues of theUnion,- or exercise rights under section C below.

3

paid by the District.

member:, of another

11 have his/her dues

C An employee who is a member of a bona fide religious body or sectwith tax exempt status and which had historically held conscientious

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objection to joining or financially supporting any public employeeorganization will, as a condition of employment, in lieu of membershipdues or a "Fair Share Fee," pay sums equal to such dues or fees to oneof the following funds:

Friends of AC Transit

Marcus Foster Educational Institute

l As a condition of continued exemption from the provisions ofthis Article, in January of each year, the employee shall provide theD+s+i:icF.Executive Director of HR-.E)+l:ec4?w and AFSCMEBusiness Aaent with a written statement of objection along withverifiable evidence of membership in a bona fide religious body orsect

2 For employees covered by the "contribution" requirements underArticle 3.1.C., the District shall make payment through payrolldeduction and forward the amount to the selected fund.

D Dues Deduction

l Authorization Form: Each pay period the District shall deductan amount equal to one-half of one month's current and periodicUnion dues or "Fair Share Fee" or contribution based on a uniformdues schedule from the pay of each employee or temporary hirewho has heretofore or shall hereafter voluntarily execute anddeliver to the District a valid withholding form. The District shalldeduct the "Fair Share" fees from the employment agency invoicefor temporaries hired from agencies. Effective with the bi-weeklypayroll transition (Article 9.1 0), dues deductions will be calculatedbased on the prevailing -semi-monthly -dues -rate multiplied -by24 and subsequently divided by 26.

2 Certification of Dues: The Union shall notify the District in writing30 days in advance of the amount of the dues. and any changesthnrntn

3 Terms;of Payroll Deduction: For employees covered by the "FairShare" requirements under Article 3.1 .B., revocation of dues checkoff authorization shall not revoke the obligation to tender to theUnion unifomlly required dues, "Fair Share Fees" or contributionsrequired as a condition of continued employment on a monthly

38 of 164

basis. Failure to comply will result in termination as set forth inArticle 3.1 .E., below.

4 Remittance to Union: Except as set forth in Article 3.1.C.. all sumsdeducted by the District shall be remitted to the Union at itsdesignated address within two (2) weeks of each pay date, togetherwith a list of names of each employee for whom a deduction wasmade and the amount of such deduction.

5 Hire List: On the last day of each calendar month, the District shallfurnish a list of the names in accordance with Article 3.2..Infom)anon Provided, of all permanent employees and temporaryhires hired into the Unit.Bild job classifications w+;o-!El3Lhave beenhired since the last pay day of the preceding month.

The District shall allow a payroll deduction for AFSCMEpolitical contributions, as Iona as allowed by current law..;AQworker mav sign and deliver to the District an authorization cardfor pavrolldeduction of voluntary contributions to PublicEmployees Organized to Promote Legislative Eclualitv(PEOPLE) program. The District agrees to remit monthly to theUnion all monies deducted for PEOPLE accompanied by a listof employees for whom such deductions have beenmade. Such authorization mav be invoked or revoked in writingby the employee at anv time. AC Transit assumes no obligationsor liabilitv. financialor otherwise pursuant to pavrolldeductionsother than those specified in this agreement and in applicablelaw

6

E Enforcement: Employees and temporary hires who do not comply withthe provisions of this Article shall be terminated in accordance with thefollowing procedures.

l The Union shall promptly notify by letter all employees ortemporary hires who have failed to comply with this section.explaining that he or she is delinquent and specifying the amountof delinquency. The notice shall also advise the employee thatunless such dues. ''Fair Share Fee" or contribution is remittedto the Union as required within thirtv r30) calendar days, theindividual will be reported to the District for termination asprovided in this Article.

2 The Union shall furnish the District with written proof thatthe procedure of Article 3.1 .E.I . has been followed or shall supplythe District with a copy of the letter sent to the employee andnotice of non-compliance with the request. The Union must

39 of 164

specify the following written notice when requesting that theDistrict terminate the employee:

The Union certifies that (name of the employee) failed to tender either uniformlyrequired Union dues, "Fair Share Fees" or contribute as a required condition ofcontinued employment under the Agreement, and that under the terms thereof,the Union requests that the District terminate the employee.

3 Within 30 calendar days of receipt of this notice the Districtshall notify the individual in writing by certified mail of his/herobligation under this Article and request the person to comply withthe requirements within 5 working days from receipt of the noticeor in no event no more than 8 calendar days from the date ofmailing. A copy of the notice shall be sent to the Union. Shouldthe person fail to comply, the District shall notify the employee inwriting (second notice) that he or she will be terminated after 5working days of receipt of the notice or in no event more than 8calendar days from the date of mailing. A copy of this secondnotice shall be sent to the Union. Should this matter not beresolved within 5 working days from receipt of the notice or in nomore than 8 calendar days from the date of mailing, the Districtshall terminate the employee.

J!#a/nfeilgnce of /ye.nbe.'ship=Any em plot.lee who }s a Union membe::-al:d-.}s

b,4ennm+:tdttl:r:nf--Linde-r:s+af:tdhq {MOU), or who becomes a Union membeFdl;l{ +nq+hFe-term of this l\.aOU . shall remit:l-a-+:nembet:-and-col:#nt+e-.dues-deductionfortl:te-d-ul:alien of this h/IC)U and each stlbseqL:er+f.n.9U the:eclfile+.

E 4g ! ! gofgDfl:MgHbglsbjo Anv emploveawhaj&a !:hoon ber, in acovered classification under this contract and is tendering dues through payrolldeduction as of the date of execution of this contract bargaining agreement(CBA), or who becomes a Union member during the term of this MOUCBA. shall11QDqilLgJDQmber andcontinue duQg49dyGtiQEtfQt the time they gre in a coveredclassification of this CBA, subiect to applicable law or the provisions establishedn Article 3 of this CBA

3.2 INFORMATION PROVIDED

The District agrees to provide the Union with the following information

40 of 164

A. All relevant non-confidential information requested by the Union in thecourse of investigating disputes that arise from the application or interpretation of thisAgreement in a timely manner.

B. On a monthly basis, a list of all employees in the Unit and a listing of alltemporary hires or non-Unit permanent employees performing Unit work on atemporary basis. Two copies of this list shall be provided, one to the AFSCMEPresident, and one to the AFSCME Business Agent.

C. A list of all employees in the-Unit, with -badge-number and reportingdepartment/division. Said list shall be provided once per year, but no later than June30th of each vear. :l--wa-One col)+es--coov of this list shall go to the AFSCMEPresident and one copy to the AFSCME Business Agent.

D. Copies of all bulletins and/or notices implementing any policy that affects theterms and conditions of employment shall be provided to the AFSCME President andthe AFSCME Business Agent tw{3--(12)a minimum of ten (1 0) worla++g-business days priorto general distribution to employees.

E. Notice of all starting salaries for new hires and changes to salaries due topromotions, acting positions, lateral transfers and demotions on a monthly basis shallbe provided to the AFSCME President and the AFSCME Business Agent.

3.3 USE OF FACILITIES

A. The District will permit use of the Board of Directors' chambers for monthlymeetings of the Union's membership. Such use shall be subject to theoperating needs of the District and pursuant to District policy on use of itsfacilities. Wherever possible, such meetings shall be held after normalGeneral -Office -business -hours. The -Union -must -make -prior -writtenrequest in accordance with District procedures. It is the responsibilityof the Union to determine if permission has been granted for use.

B For the duration of this Agreement the District shall provide two Uniondesignated parking spaces in the secured parking area of the GeneralOffices to be used by the AFSCME President or designee and theAFSCME Business Agent or designee.

C Subject to availability. p+:+ol:+++zed--llr District operational needs. andapproval by the General Manaqet, t=+;he District will strive to provideAFSCME an office space at the ACT General Offices with the ability tostore and lock confidentialfiles: The office space willbe accessible to theAFSCME President. and the Business Agent when accompanied by theAFSCME President. Both parties understand that operational needs mayresult in alw--office-- space provided for use by AFSCME to be

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sede reouroosed for District use at the discretion of theGeneraIManaaer with a minimum of 306030 days prior written notificationto the AFSCME President -and Business Agent. The Qffictwili have theabilitv to be locked.

TA TA

Tina Agree Grant Lee

March 30. 2017 March 30. 201 7

42 of 164

AFSCME Counter to Djstrjct Counter 2-9-17 to: AFSCME Local 3916 Proposal toAC Transit

Proposal #14


March 10. 2017

3.7 ACCESS TO EMPLOYEES

A. The previo!Agent. Officers. Executive Board Members and Union i:eplesel:l+a$ves

neff:esenativesRepresentatjyQ$ shall have access to its members du+:it+g+:lei:purina non-working time. duty-free lunch r)eriods or before aD&afteremi)lovees' hours of servjQQ. The Union mav make written request to theappropriate DeDartmeD[Head. Manager, or Superintendent to gainReason:lab+e.-access to employees for disciplinary and/or grievanceurDoses during work bQyls If;ptb9r qrrq gQ Qo!$ qrQ I)Qt PQppiblei ibid

supervlsorwi11respondjr] writinggrantinq of denying the request-tin?e-may

.Union Business3

"""\The representative shall not interrupt anv emplovee's duties orassianments. Advance approval is designed to minimize interference withthe operation of the District and loss of work time. The parties willcooperate to facilitate such access to employees.

B A written list of Union representati'.re an([=]ternatesBusiness Aaent.QffjQel$. Executive Board members and Representatives serving eachwork location shall be furnished to the designated [)istrictfeel:ese+:F+a+ivetbQ strict .HR Dine!:abbr Relations Department'sdesianeectu. The Union shall notify the District promptly of any changesof such representatives. Union representatives shall not be recognizedby the District until such time lists or changes af:e--receivedare --+n[99QivQdwt:+tingin writing. The function of an alternate shall be tc act once I fef

C Union representatives shall be entitled to a reasonable amount of timeduring work hours with prior approval of their supervisors, for the purposeof investigating grievances, a+:ld-representing and processing at theirdesignated work site. grievances in disciplinary matters of Unionmembers which cannot be done on non-working time. Suchrepresentation shall not include the solicitation of grievances and shall notinterfere with the operation of the District.

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D The District will provide aecessrequested information tQ the Union to{:lion:nylon provided that the

information recluested is relevant to an existing case. discipline.QQDtrqQtneciotiations and/or grievance and not considered confidential (e.q.recruitment records. scoring on tests. answer keys and/or protected healthinformation unless there is a signed HIPPA release). Such reciuests-+s--tobe made must be from the AFSCME President or AFSCME BusinessAaent in writing and odor to the delivery date. All requests will qo to theLabor Relations Manacier. Human Resources Director or their desiqrllQg:

E S 'e$ e8'

PO+e!'e e

'e'€'ee !

e 'e3'

A'T=K q «"L

'3-\o" t'l

44 of 164

b AFSCME Counter to Dis!!:ict Counter;to AFSCME Local 3916 Proposal to ACTransit

Proposal #15yZ


Mg rwh ]Q.ZQ]Z

ARTICLE 4DISTRICTRIGHTS

It is mutually agreed that it is the right of the District to manage the District. toexclusively determine the manner, method and means of accomplishing the purposesand mission of the District, to direct and utilize all employees and to utilize and allocateall other resources of the District to their best use. More specifically, except as thoserights and prerogatives are expressly abridged, delegated, granted or modified by thisAgreement, the District has the right, but is not limited to:

- Establish and enforce work standards and policies. manage and direct the workand the work force. and to manage its business generally and determine themost efficient means of performing works

Make personnel decisions including hiring, promotions. demotions. assignmentstransfers. and lavoffsl

- Determine the scope of services. including the subcontracting of work andservices of the District with consultants and soecialists to perform specialassignments:

a Create. updqtQ. and abolish [9D[Q$ feted clas$ifigatjoD specifications,determjDQ jQbduties. respon$jbjlities. [QqujremQRt$.BDdlDJDioumc[ualifiQatioH$. and to set and a$sjqr] salah qradeEfoL€jgsslflQatiQDs: after gminimum ellen (lO) business day advance notjQ9Jbereof. or as soon as[QQtjcable. to the Union Business Agent gnd President prior to eHD19y9Q

notificatiQQ Ql] compliance.

B Supervise employees in their duties. determine assignments of work and workschedules. assign overtime. monitor performance, and tgdj$Qjpline andotherwise discharge.glU)lovees for iust cause. Eor major.f!!Blues to workschedylq99Lwork assjqnments the DistrjQt wjlLDrovide advance noticed after-gminimum of ten (1 0) business dav ' ad\Farce-notice thereof. or as SQQl13$praQtjQgbjg. to the Union Business Accent and PresjdgD! i)npr tQ empjoveenotification on compliance

45 of 164

- E) t r I gtrginin(; [eclyirQ ents fQcs ]plpvQ9$.qnd ensure the timejvcompletionof all compliance traininqs=

B Decide the number and location of fQciliti9$.4et rr!! Q the eqyjpmer113Ddfacilities to be used. and move ot remQVQ thQ f gjljlje$ Q1.3rly Qf itg parte ot pthQI.grgas=after a minimum of ten (I g) bu$heggd tgdvgncQDotic tb nof.Qla$$QQLQgpt.gQticable. to the UnjQQBy$i esgAaenl3rld P[Q$identuriot tQemplovee notification on compliance.

H Make $ucblules and regyjatjQQ$ DQ!.i!!.conflict with thin.:Aafepmerlt,.3}l! play8Ql11JjrD9 ls? time deerUbQ$t9[3$ Bquired by law. for the Durooses ofmaintaining order, safety d/Qr QffeQtj]49Qp9[gljQt] pf !he facilities. after BHinjmum of ten (1 0) business dav advanced-notice thereof to the UnionBusiness Agent and President prior to empjQvee notification on compliance.

e

. )mote, dena 3

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/"''(l=.; Wn {.\.

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47 of 164

b AFSCME Counter to District Counter to AFSCME Local 3916 Proposal to ACTransit

Proposal #16


March 10. 2017

ARTICLE

DEFINITIONS. REPRESENTATION.PROBATION

5

5.1 REGULAR FULL-TIME EMPLOYEE

mployee$ who-- uponsatisfactory completion of the probationary period ---+sg11g regularly scheduledto work 37.5 hours or--n;ere-per week Witt!= a unpaid lunch break: exceot

whQ will--beare scheduled for a fortv (40) hour work week with a thirtv (30aid on an hourl

basis

able ta nceive overtime andbQwevet. it is understood as a salaried

QppjQvee. additional hours mav be reciuired to accomplish assignments.workload and/or oroiects.

5.2 PART--TIME EMPLOYEE

An employee who. upon satisfactory completion of the probationary period,is regularly scheduled to work less than 37.5 hours per week.

Part-time employees are entitled to benefits as set forth below

A. Health & Welfare Benefits: Part-time AFSCME employees are eligiblefor the following single level District paid benefits affective the first of themonth following thirty (30) davs of emolovment-effective the flrstef

Medical

Dental

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Vision

Basic Life Insurance ande .AD&D

Part-time employees will be allowed to add medical coverage fordependents. the full cost of which will becovered by the employees through ore-tax payroll deduction.

cost

Retirees: Part-time AFSCME employees who are also District retireesenrolled in District health benefit plans will remain in retiree health benefitplans and after six (6) months of employment may participate in themedical and dental opt-out programs for single party. Their life insurancebenefit will be based upon the active group (2x annual salary).

B. Paid Time Off; Vacation, sick leave, and holidays will accrue for parttime employees at a rate of four hours vs. eight hours for full-timeemployees.

Part-time employees are n o t +:lo+..-entitled to participate in the District'sretirement plan.

Except for layoff, or as set forth in Article 13.1.B, service as a parttime employee shall not count as service time for any purposes. Uponconversion ofagn employee to full time status,s e n io r i t v c re dit o n lv t++me---wo-i:ked laccnt:+edtAOij-bel:lef++s--e!:-.a:ecli+-iowa.rdbe+:Fe$+s and shall be carried forward.

5.3 TEMPORARY EMPLOYEE

A. The District mav use temporary ptqffl!)a as a flexible $tpKhg solutionto address short-term. interim staffjDqtemoorarv staff include but are not limited

l .Backfilldurincia recruitment process:i-%r-aWAW+

e

49 of 164

A 3. To fill a D(situations

PEpergQrlQ

4 The project requires specific expertise that does not exist within theermanent work force or cannot be developed within a reasonable

period of time tameet identified need.

5 Where other legitimate business needs of the District exist

!QDpolglv emploveQ93rQJj! jted to working no more than 960 hoursper calendaLvear. a+:mor 1 09820 hours as-.a-lifetimQDgxjmum::B. Temporary employees are not entitled to benefits or paid time off. and are

not entitled to representation by the Union. including in disciolinarvmatters.

5.4 ACTING EMPLOYEES

Employees who are represented by another union at the District or areunrepresented and who are acting in a classification which comes within theUnion's jurisdiction, maintain the benefits of his/her actual job classification andrepresentational status except as set forth otherwise in this Agreement.

5.5 INTERNS

There are two types of interns: summer intems and academic interns. Summerinterns are students enrolled in high school or college who are hired through theDistrict's recognized Summer Intern Program. A summer intern may performbargaining Unit work during the period mid-May to mid-September only.

Summer interns may not be employed by the District performing AFSCME workoutside of the agreed upon time period set forth above unless he/she is hiredthrough a competitive recruitment.

50 of 164

Academic interns are employed by the District in their major course of studythrough a recognized professional intern program sponsored by an institution ofhigher learning. The length of erl:ll)bymel:Fthe internship is..ggDg11gjjy limited to

per-lifetime max m yll! :--al:ldIntern is enrolled in the

professional program and temlinates at the time the intern is no longer enrolledin the related professional course of study. graduates, or is ended by the District,whichever comes first. Interns enrolled in work-study oroarams mav exceed thelimits subiect to review and approval on a case-by:QQ$Q basis by the ExecutiveDirector of Human Resources.

onlhs during which

Interns, whether summer or academic are not entitled to representation bythe.Union. nor to any benefits provided the District

z&.,.«a &----'.-ul\o tn-.-qD - \l

51 of 164

.,''''\

District Counter 3/10/17 to AFSCME Loca13916 Proposalto AC Transit

Proposal #18


January 12, 2016

ARTICLE8

HOURS OF WORK ANDOVERTIME

8.1 HOURS OF WORK

A. Employees i

1 1 xvii,:.lliT== :In A'-'-U

llQ11.9xemnt) by the F8jLJ:abor Standards Act (FLSAI}lessified=scovered

.mvered (ncn:

designated hours of work on a shift with a defined starting and quittingtime

WA.w. lh811 be given

B. Salaried Employees cEmploveeseo\roi:ed.-n o t cove red <6keMptLbE 11.)a Foil Libor Standards Act(El:f$AD by-:the---FL;SA---are expected to pert orm their work duringnormal general o#+ee-business hours or as otherwi$Q e$sianed by their

!

ADZ[[OCS3]

n I.sp. e l

c.

D.

All employees are responsible for keepingof their whereabouts during their work day.

their supervisor apprised

Employees who are required to oerf orm maintenance and uodates onQQH]Duter'"and Operating systems'that must be . oerformed outside ofnormal business hours will be allowed to flex their schedule to

odate ofthe work:nt:acco requirem3 g 9 t

e .w.B.w

t!

!! 3

Distro effort to.ke eve -callowto..-allow-f or a minimum of 1 0 hours off bef ore an emolovee {:eton:ls-.towe#reDorts to their next shift. The District mav staaaer emDlovee'sSchedules to insure aoproDriate coverage on Holidavls. Saturdavls and

E ! g ihlblw I ne !

i ! l i t be +

A!! .!3+ 'e

52 of 164

8.2 OVERTIME

A. g

ofP ! o v i s i o nlsio f A.a r e e m e n t'n I de '

.employees covet:ed-bynon-exemDtg

lre entitled to be paid overtime in accordanceie

with the FLEA followina oompletiol:r..-ofcomptetionDf forty (40) hours

aW }o t h e r

of actual work in one week. Overtime must be authorized inadvance in writing by the employee's supervisor or performed inaccordance with pre- approved departmental procedures toaccommodate identified operational needs. Overtime is paid at timeand one half the employee's app+ieable-bggg.Fl::SA-rate..Q!.PBy. Noovertime will be credited for work at home that is not specificallyauthorized by the Districts.:gH

n

3g

B

B9

make everv eff ort to distribute.Each deoartment will

! e

.overtime as eguitablv as possible

C }d: (non-exemi)t) employees, q:.e 'employees : tIn'b B fn '

.WA n B.w.e

volunteers

---permanentthere are no

overtime may be assigned by inverse seniority, Temporaryemployees are not entitled to perf orm overtime work except when noqualified permanent employee is available.

D. Employees in a training capacity, whose "home" position is aclassification which has paid overtime, may work on their days off. atovertime rate tf applicable, in their home classification. Thev will need tofollow the overtime rotBtldQp9r! Qll1locsul:

COMPENSATORY TIME OFF8.3

No employee shall be eligible for compensatory time off. Only approved andrecognized compensatory time off accrued prior to November 1. 1994 andrecorded on the official records of the Payroll Department shall be recognizedby the District and retained by the employee.

Such approved accrued, compensatory timeaccordance with the terms of this Agreement.

off must be drawn down in

53 of 164

8.4 ALTERNATE WORK WEEK/

An alternate work week or flex schedule shall be at the discretion of theDistrict. If an alternate or flexible work schedule is approved by the District, thefollowing-procedures ouU ned in Board Policv 231 shall apply:

A. Employees on an alternate work week must accept the increased levelof individual responsibility inherent in alternate work schedule concepts.District employees who are exempt #l:om-4};a-PISA--are eligible for analternate work schedule with the understanding they are expected towork as many hours as necessary to fulfill their responsibilities andto meet work objectives of the job.

GB. If an employee who is covered (non-exempt) by the FLSA is unableto take his/her regularly scheduled day off, he/she shall be paid overtimefor hours worked above forty in one week.

i

B

54 of 164

8.5 ON CALL

In the event the status of on-call work changesclassifications, the District will notify tho Union. 9f=

within the coveredchange--.in WO rk:na

-soon as oractjcable)

}ao++.dav.-of.tbeina--Oi:r-Gah

If there is a Deoartment and/or Classification that reciuires emolovees to be On-Call. the Deoartment will work with the emolovees within that Departmentand/or Classification to have an equitable rotation for On-Call service.

If an non-exempt emplQVQQj$JQguired to return to a District facilltv after normalbusiness hours for an urgent matter or emerciencv that cannot be addressed byohone. thev will be comoensated for a minimum of four (4) hours. If the mattercan be resolved by ohone. the emolovee will be compensated for actual timeworked with a minimum of one (1) hour. The District will work with emDloveeswho are called back to a District facility to leFF.-s+:lHadiust their schedules whenthis occurs. tocszii Emi)lc','ocs v/lll be able tQ QQntlny9y$1v worklheir normal

E21gl1121jDcs22jIA023lemt)lovees who are required by the District to be available "OnCall" shall receive a oer diem not to exceed $75.00 oer week while in On Callstatus. If an emDlovee is in On Call status said emDlovee must be fit for dut 'and readilv available to resoond in a timely manner anywhere the District(1)Operates.::\ocsz41

8.6 JOB SHARING

Should the District decide to start a formal job sharing program, the District willnotifv the Union in writing a minimum of ten (lO) work+lubusiness days and willte meet and l;0+3fwdisclJs& Qlt kocngthQ changes if requested--i+:l--wel:k+i:©

8.7 TELECOMMUTING

55 of 164

The District recognizes the overall benefits of Telecommuting in terms ofmorale. Droductivitv. positive environmental effects. reduced trafficcongestion. healthier workforce. reduced sickness and efficiencies.Telecommuting shall be at the discretion of the Department Manager orDivision Superintendent with the aporoval.:pf the General Manager and isdefined as any and all hours worked away from the employee's normal worksite excluding time spent at conferences, meetings, s.eMinars, etc.Trig E)i$!ric! will bperk peeitivelv [ocs26lwith €mi)]ovees in determining iftelecommuting is an ootion +at:-emp+o:veesthat makes business sense for the

- The District shall retain a proprietary interest and right in all work perf ormedor created as a result of telecommuting from home or other remote locationand it is expressly understood that the employee has no right or interest in workand/or results produced by means of telecommuting. Refusal of an employeeto provide the work product upon request of the District shall result in disciplineup to and including termination. ITelecommuting shall not result inovertimejDcs271.

District

8.8 BREAKS AND LUNCHES

A. It is recognized by the District and the Union that the Unit contains bothco\fel:ed--anon-exempt) and {:lot:l-eo\lei:ed--(exempt) employees forpurposes of overtime-fer::the..-FL;SA; Those employees who are non-ccvercd (exempt)are not entitled towork load does not permit breaks or meal periods. Accordingly, thefollowing applies only to covered (non exemptQgQ=gXglD21) employees.

are not guaranteed rest breaks or meal periods, andIme cP when his/herovertime

l Non-exempt employees who work more than five (5) hours perday may take two 1 5 minute paid breaks per day, and one unpaidmeal period of one (1) hour or one half hour f30 minutes) per dayor as determined by management provided it does not result inovertime or additional cost to the District or otherwise violate thisAgreement.One rest break is permitted at the mid-point of the first half of

the work day and the other rest break is permitted near the mid-point of the last half of the work day.

2

3

4

Rest breaks not taken may not be used to shorten the work dayor be added to a meal period to extend its length.

Meal periods should occur near the mid-point of eachscheduled work day and therefore are not permitted at thebeginning or end of a work day.

56 of 164

5 Except as otherwise required by applicable federal or statelaw. failure to take rest breaks and/or meal period breaks as aresult of work load shall not result in aecta;laF---.d

bQn+l)er+sator)lfoesw time off (CTO) cr eligibility for overtime pay.

3 --L o - V'l

57 of 164


AFSCME Counter March 27. 2017 to District Counter of 3-24-17

411$(1ME gpu tQr !\491 €t] ZQ: ZQl7 te.Pj$triut Counter of 3-14-17 to AFSCME

Counter to District Counter of 3/74;/2017 - AFSCME Local 3916 Proposal to ACTransit

Proposal #19


ARTICLE 9. SALARIES

9.1 SALARY DEFINITIONS AND ADJUSTMENTS

AI e

9 t ee 9

9.2 SALARY STEP ADVANCES

A. A salary step advancement shall be granted to employees who continueto demonstrate satisfactory performances in their position aftercompletion of one year of service on the fomler step until said employeesreach the top step of the salary grade schedule.

B A salary step advancement can be postponed only if an employeeis placed on a performance review pursuant to Article 7.3.eB. Saidemployees shall not be entitled to a salary step increase until such timeas their performance is deemed satisfactory. After satisfactorycompletion of a perfomlance review, the employee's supervisor shalldetermine the effective date of the step increase for the employee..Bildnotify the employee and thee Union President and Business Accent in)af£!!!ng. That date shall become the employee's new salary anniversarydate

9.3 STARTING SALARIES

Starting salaries for new hires. promotions, voluntary reassignments andmovement to a lower grade. within the Unit. shall be set within the conditionsestablished herein.

58 of 164

;/.'./... AFSCEM Counter to District counter 2-16-17 to

March 1, 2017Proposal #20

2016/17 Contract Negotiations=n==ry 12, 291f March 10, 2017

ARTICLE I O.HOLI DAYS

10.1 PAID HOLIDAYS

A. REGULAR HOLIDAYS OBSERVED

New Year's DayMartin Luther King. Jr. DayPresident's DayMemorial DayIndependence DayLabor DayVeteran's DavThanksgiving DayChristmas

January 1Third Monday in JanuaryThird Monday in FebruaryFourth Monday in MayJuly 4First Monday in SeptemberNovember 1 1Fourth Thursday in NovemberDecember 25

n=i.A«u$Xb-\n

Z;,,,,., .«p

59 of 164

B. OTHER HOLIDAY CREDITS

One eight-hour birthday holiday credit per calendar year.

Two eight-hour floating holiday credits per fiscal year.

C With the exception of Ooerations Control Center staff. a 24-hour operation.General Office employees who are scheduled to work both Christmas Eveand New Year's Eve shall be entitled to take one.1lgl! day oW. for both. whereoperationally feasible. Employees who are on scheduled vacation onChristmas and New Year's Eve are entitled to four f4) hours of vacation payand four (4) hours of regular pay.

Department managers must ensure adequate coverage for thedepartment.

These days are not vested holidays and may not be accumulated tf nottaken.

D. 'An emDlovee mlust work hls/her reaularlv scheduled shift prior to andfollowing the holidav in order to receive holiday pav for the holiday:Exceptions will be made for qualified and appt.9yQd Eb4L:A

I0.2 HOLIDAY PAY

A. When an emolovee is on sick leave or industrial iniurv/illness in excess of sixconsecutive calendar months. holidav oav orovisions will not apply.

B. Subject to operational needs, holiday credits may be used at the employee'sdiscretion with prior supervisory approval.

C. C..If a regular holiday falls on Sunday, Monday shall be considered the regularholiday. If a reaular holidaLfaHs on a Saturday..f;lidav shall be considered theregular holiday.

D. If a regular holidav falls on an employee's regular dav off. at the District's Qptio]],the emDlovee will be given an eight-hour holidav credit or eiaht hours pav for the

h

honda

2014-2017 AFSCME Collective Bargaining AgreementPage 2

60 of 164

AFSCEM Counter 4/3/17 to District Counter of 3/31/176 AFSCME Local 3916

Proposal to AC Transit

Proposal #21


January 12, 2016

l0.3U

SE

A. Holiday credits can be used only in full eight hour increments

B. Until thb.-.aa+:eod.-oawoh-. software svstein handling oavroll is uodated asdescribed in the Memorandum of Understanding (Aooendix X)related to theDavroll and software system Upgrade to administer the 37.5 hour work weekrocess. fFlor the purpose of computing leave only, current accrual practices

woi:k-se+:ledu+e..will be maintained . {;lDe+:lPl:iei:.+o.-++;eUoon comoletion of the)avroll software uodate. +t:to..Pat:ties the District and the Union -will meet and

decideconfel:-decide on a practical wav cf accounting fcr all leave acuualto.I.o . administer and roll out the uodated orocess.

C The floating holiday credits are accrued on a fiscal year basis (July I throughJune -30). Employees -on -the- payroll- on -June -30 -will -be granted twaeig+:Ft-+;ow floating holiday credits for the next fiscal year beginning July 1 .

D The -birthday holiday -credit -is- accrued -annually on- the -employee'sbirthday only if the employee is on the payroll as of that date.


61 of 164

E If an exempt employee is required by his/her suoervisor to work on a +094i+uDistrict holiday. orjf he/she is required 5y hls/her super.'i:cr tc wo::storeregular istrlcLhcllday or if he,/she volunteers to work on a holiday. withprior written authorization. the employee will be credited an equivalentnumber of hours to be taken at the employee's discretion, subject tooperational needs. For Maintenance Supervisors, at the District's option, theymay be paid the equivalent number of hours for the holiday.

r

F. If a non-exempt employee is required by his/her suoervisor to work on aregular District holidav. or if he/she +c :=qliind by !:lis/tier s!;:ipcc.'lscr tc workcn 3 m lcr District hclid ]fef !fbe/she volunteers to work on a major-regularDistrict holidays with prior written authorization. the employee will receive timeand one-half for working the holiday plus an additional eight hours holidaypay. A Halo hollda '/ fcr this p;urpQ;oa ie R I I '" Ra-' I

r-and--GF:Hstmas---A..noR-exel;+pt--en:lpl

G Subject to the following all holiday credits must be used within oneyear of being granted.

I . .qs of Januap-' Icalculated as fojlowsv

!The following credits and holidavs will be

(a) Holiday credits for all employees will be reset as follows

Floating Holidays +-&-+toun2 work daysBirthday Holiday &-+aeunl work dav

:++sfe+;el )ew-holideyeredit

kb) .-The District will begin-strict& enforcemeN d-Article 1 0.3.Gof the CBA (all holiday credits must be used within oneyear of being granted); and \

2014-201 7 AFSCM E Collective Bargaining AgreementPage 36

62 of 164

(dO --Any holiday credit(s) - except Historical Holiday creditsnot used within one year of being granted will be forfeited bythe employee.

2i

. qpJ a I.w B R q B.qp. i .e w = o.

9 ;

:

3

3 e 3

r:!e

e

4 ! y ! .WRWe

i 39

e =

e

!i !

.w.d H RW 3

E e

!

BBW

5 w.B RW.

+qp.I B.qp.I sp.

i+ LwABbw

3

6. :! 'e e

7

:

8 8 '9


63 of 164

n.ee

!

n 3.!=;

les.

e

! '9

laments hdMdual9

l 'dllTd.w.a R i.w

403. After January 1, 2012, any employee who is not able toschedule a floating, birthday, or banked holiday during the 12-month period after tho holiday was granted, despite his/her besteff ons to schedule the same, shall bring the matter betel:e-:tt;el;Moto their Deoartment Head and the Executive Director of HR91feel9f. for consideration before any forfeiture of such hours isimposed or grievance filed.

444. If the Deoartment Head and/or Executive Director of HRDit:ee4)01:--l;MG determines that the employee made everyreasonable effort to schedule the holiday during the 12-monthperiod but was impeded by the District then the employee shall bepaid for such holiday at his/her prevailing wage rate..gBg:::gBydifferential that ma '.' poly in lieu of the holiday credit beingforfeited.

TA TA

Tina Acree

April 7, 2017

G rant Lee

April 7, 2017

2014-201 7 AFSCME Collective Bargaining AgreementPage 38

64 of 164

yildate based on discussion March 30. 2017 3:08nm

!Q 17 to AFSCME

Loca13916 Proposalto AC Transit

Proposal #22


(mav be necessary to cross reference this in the Article 23)

ees. except for the TransportationDivision that is on an 8-hour work dav.grid 4Q hour work week. Employees on alternate work

Qre based on days. Each dav is eaualto 7.5 hoursexcept for the Transportation Deoartment which are 8 hours oer dav.

1:1g!!dgy..pgy.hLB!!g@pJQyggs is based on 7.5 hours/one dav. exceot for the TransportationDepartment which are at 8 hoy!.!per.dav. Allemplovees receive the same benefit {amount of oav} on

le: Pav for a holidav will not be increasedbecause an emplovee is on an alternate work schedule.

ai:dies 9

He

U$0.f0[=l }l-be. lyate: Qna: :lE:gbou©

ARTICLE 11. LEAVES

1 1 . 1 VACATION

A. Accrual: An employee earns one-twelfth of the annual vacation creditfor each month. or major fraction thereof. of continuous service.

l

2

Employees with less than one year's service as of December 31earn vacation credits on a prorated basis.

Employees with one (1). but less than five (5) years of serviceearn gO--l+oursten {1 0) days of vacation each year.

65 of 164

3.

4.

5.

6.

7.

Employees with five (5), but less than ten (lO) years of serviceearn 420-fifteen (1 5) daysJ+euK of vacation each year.

Employees with ten (lO).service earn 20 days4-60.-h

but less than fifteen (15) years ofurs of vacation each year.

Employees with fMeen (1 5), but less than twenty-five (25)of service earn 200.-25 dave +wun of vacation each year.

-years

Employees with twenty-five (25) years or more of service shallearn 240-30 davs+aetK+s of vacation each year.

Except as set forth in Article 1 1.5, Leaves of Absence, leaves ofabsence. whether continuous or not, which total -+;6--tntwentv-two {22Ltnrsfull work dave or less during any calendar year shallnot result in the forfeiture of vacation credits.

B Car

vacation is limitedemployee will cease accruing vacation

the 240 -48024030 dav maximum accrual

ovidAn

number of accrued vacation hours is below the !'a

Employees-wh ! CGFUP Se

orfeit thomeB

'ee

proUsio:l.(A

Arl-ernpbyee-ceases-te-ewn-Anca+ion-.if-he/she--ha s-reached--tile24Q-480-240llminui:i;..-aeuual--a+:ld-.shall-.notacml;ie-addi+to+mlmeNiort-.horan-until-.such:dime--as-t.he-240-49924&-hani:-i;ap-bi:educed:lcul

2 Employees are encouraged to take earned vacation each yearin -an -effort to promote employee -health -and -morale.Accordingly, the amount of vacation carryover is limited to o+;e-

employee's wi+1} 25 ermo11Q y9arsdsewioe..annual entitlement except in extraordinary cases wherethere are justifiable personal reasons or critical District needs.Exceptions require the prior written approval of the GeneralManager. Under noused to subvert the

circumstaa

carry over nouri Deip. (Article I I .I

C Selection

66 of 164

l Selection shall be done by existing Department procedure. Inthe event of conflict. order of preference will be granted on thebasis of District seniority.

2 Approved vacation dates can be changed by the District onlywhen due to operational . Anemployee may change his/her approved vacation with writtenapproval of the appropriate supervisor.

D Holidays During Vacation: A regular holiday occurring during anemployee's vacation will not be counted as vacation time. Theemployee mareithereHendlhe; vac t er} peFioden additioll=11 clay'withhe prior approval of.+he Department lyanagel:, oLschedul4=Ba+t\t+o!;nsof vacatle;:Haha taken on another dav:will be oaid their holiday oav (8hours) for that dav.

E Use of Vacation Credits

l Employees. including probationary employees. mayvacation as it is accrued with approval of their supervisor.

use

2 nett day or dey =t 3 .tllnwAgSHaul.d- vacation credits may begranted in hourly increments at thediscretion of theDepartment Manager 8nd in with FLSA requirements.Employees requestingcredits should submit the request to their immediate supervisorat least 72 business hours in advance. It is the responsibilityof the employee to fallow UD and make certain the requesthas been accepted or denied.

4;reuse of vacation

3. Vacation credits may be taken in hourly increments inaccordance with Art. 1 1 .5.A.I(c)(5), during approved intermittent

and reduced work schedule leaves taken under the District'sFamily and Medical Leave and to avoid a pay deduction.

F VqcqljgD f?qy 4qyq QQ: Employees requesting an advance of payprior to taking vacation must submit their request to the PayrollDepartment at least two weeks in advance of the scheduled date ofvacation.

G. VgQgtjoQPayout Due to Financial Hardship

l An employee may request a payout of accrued vacation due tofinancial hardship in compliance with IRS regulations. Ifapproved. the Payroll Supervisor and the employee's supervisor

67 of 164

will be notified of the vacation advance. Employees who cashout vacation are entitled to take an equivalent amount of unpaidvacation .

2 The eas++autcash out rate for employees working in an actingposition for six (6) months or less, who cashodcash out vacation,shall be at their +:eau+artbase rate of pay, not acting pay, exelud+f+gexcludinQ+nc+ud+ru-shift dH.erential-differential, if any.

H Pavment Upon Temlination or Retirement: Vested and accruedvacation time will be paid at the time of voluntary or involuntaryseparation at the base rate of pav excluding shift differential and/orq!!janment differential. A maximum of six (6) weeks of vacation maybe taken immediately prior to or continuous with retirement, subject toDistrict approval.

Except as set forth in I I .I .G.I , there is no unpaid vacation

1 1 .2 SICK LEAVE

A. Accrual

l Accrual is as follows

Subject to Article 11.5,B,2(a) employees earn sick leave on aprorated basis:

q- 5;33-+lo+;ln0.665 of a dav per month for the first year ofemployment.

- P£au-+lounl.dgy.. per month after the first year ofemployment.

2 An employee who does not use any sick leave, paid or unpaid,during a calendar year accrues bighQaagDg.. additional ++ol:nsdar of sick

leave the following year. Donations to a sick leave bank of afellow employee shall not be considered "use" of sick leave.

3. In addition to hours actually worked, other paid leave (includingvacation. holiday, military leave. jury duty, funeral leave, relatedtraining and education). will be counted as hours worked forpurposes of this accrual process.

68 of 164

4 Sick leave credits with the District will continue to accrue for amaximum of one year for a leave related to industrial illness orinjury.

B Use

l Sick leave may be used in the case of actual illness or injury ofan employee. en+p

absences due to the "serious health condition" of a family memberas defined in the District's Family and Medical Leave Program(Art. 1 1 .5):gr::KilLcare (Labor codq29g).

lick) or for

2 Employees wf+o--a4:e--unable to report to work due to personalillness or the "serious health condition" of a family member asdefined in the District's Family and Medical Leave Program,[cL7]are responsible for contacting their supervisor or departmentmanager at the start of the work day or earlier, if required by theDepartment Manager. to ensure operational continuity.

3. Accrued sick leave will be charged whenever an employee isabsent from work due to illness or non-occupational injurybefore use of other accrued leave.

4 If insufficient sick leave credits are available, charges must bemade against accrued vaoatbrl--leave or time off (+lea&bQllg3yg[CL8]). The number of hours charged will be the same asthe number of hours missed regardless of the employee's workschedule. The employee may select which leave or time offshall be charged. If there,are insufficient accrued leave creditsavailable, the employee will--+havo-.t:lis/hei:-pay-redueedmav beranted unpaid leave.[cL91

Said charges shall also apply to partial day absences for bothFLSA exempt and non-exempt employees.

5 Coordination of bBenefits - Notwithstanding subsections 3and 4 above, an employee who has a debilitating medicalcondition that physicians verify will require leave greaterthan four (4) consecutive weeks may elect to preserve thefollowing accruals:

;7 days of sick leave;

40--hours5 dang of vacation

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6.

7.

8

Accrued sick timer-jnmpensathg-time#lcuot and vacationmay be integrated with SDI.

The District may require proof of illness or injury.must be acceptable to the District.

The proof

Probationary employees may use accrued sick leave duringtheir probationary period.

c. Maximum Accrual

1 . Unused sick leave may be accrued to a maximum of4(140 days).[cuu

2. Employees who have accrued sick leave in excess of 4420299g.+lottrs.- 140 davs on January I of each calendar year, st+aH

ilmvsha[[ receive payment for SO]QQ%. percenFof the hours.-flgy$in excess of 140 days. [GU2]

3 An employee who has accrued sick leave in excess of 4420+;oun140 davs -and not used any sick leave, paid or unpaid,during the previous calendar year. shall receive an additionalpayment equivalent to 24-+#ow:s43 days>.[cu31

\

74 An employee may elect to have the above payment(s) placed

into his/her individual deferred compensation (457) account.Employees must make said election by January 1 5th of each year.

D Payment Upon RetiremQ1lt

An employee who retires with accumulated sick leave will receive a lumpsum payment of 1 00% of the unused balance. unless-++;e .lbg..employeemav chooses another-!bg.optionout at the time of retirement ot +:Fave--++-o+aeedelect to +ncreasedeposit100% of the unused balance to +n--.their deferred compensatjQD (4$71const:ibu++ons--concuFrer+t.witt:Hhe-All pavouts of sick leave and depositsinto deferred compensation will be in a manner coD$jste11twjth law andI RS Regulations:.

-efuto cash

E Sick Leave Donations

The purpose of the Sick Leave Donations Program is to allow Districtemployees to contribute earned sick leave hours to another employeewho has exhausted his/her accumulated sick leave and is otherwise

70 of 164

eligible to participate in the Sick Leave Donations Program as set forthbelow:

l

(a)

(b)

A serious health condition shall be as definedFamily Medical Leave Act (FMLA).

by the

The teal "health care practitioner" shall be the same asthat defined by the FMLA.

(c) All accumulatedmust be exhausted before donated sick leave may beused.

leave,-.h

(d) All AFSCME employees are eligible whether probationaryor permanent.

2 Administration

(a) Donation is strictly voluntary and limited to $ve-!gD..(5=!.Q)days per each donor request, not to exceed fifty percent ofan employee's accrued sick leave.

(b)

(c)

Unused sick leave donations are not returnable to donoremployees.

The affected employee, their Union, a: DepartmentManager or Supervisor may initiate the request fordonations in writing to the Human ResourcesDepartment, which is responsible for carrying out thisprogram per these and other jointly administeredguidelines.

(d) An affected employee, his/her Union.--or DepartmentManager or Supervisor may make additional requests forsick leave.

(e) Individual sick leave donations are not limited toAFSCME members but must be made to a specificindividual.

(D Usage of Donated Sick Leave hours is subject to use forthe specific employee's illness only and is subject to theprovisions contained in Article 1 1.5.

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(g) Donated sick leave will not disqualify the donor from thebonus sick leave day. (Reference Article 1 1 .2.A.3)

Human Resources will review all requests for sick leavedonations. If a request is denied. A,FSCME and the LMCwill be advised :immed+ate+'vLthe Union President andBusiness Agent will bgDotified in writing and AFSGMBmay request that a special meeting cf the l-f.eC beearl\rened4o..-.addressthe denial.

With the Executive Director of HR Director-to review.BEREAVEMENT LEAVE

(h)

1 1 .3

A -Employees may take up to five consecutive days off with pay inthe event of the death of an immediate family member who is definedas the employee's: .spouse. pre\ri(;Ln+y-jal:wdesigf:feted domestic partner, children of either

spouse/previouspartner, parents/step patents

g!..grandparents ofpartner. great-grandparents of either spouse/previously--designateddomestic partner. or...brotherZgl92:blglbgf, sister/steo-sister. brother-in-

employee or spouse/

y--dei e

ugly designated domesticeither spouse/I f domesticB

LW nwJ les-of thelaw. op--sister-in-law.:ke-onEmployee:domestic oartner

9

B.

C

An employee wishing to use bereavement leave must notify theimmediate supervisor as soon as possible.

The employee will be paid his/her =gulcr : I ny =nd differential if}+-.ao.p+esbase rate of pay excluding shift di#erential for each absenceup to the five days: and may be requested to provide documentationacceptable to the District such as an obituary or death certificate.

D If an employee requires more than five.(5L days absence. he/shemay request personal leave. Extensions of leave may be granted at thediscretion of the Superintendent or Department Manager. Suchextensions shall be charged against g.11y..accrued eempe++sat04:y-time-off(G+:Oh-vacation. sick..Iggyglc-leave, or-management leave. or anv other

that orderIGust.accrued cleave

1 1 .4 JURY DUTY/WITNESS DUTY

A. EQ!!Qy: it is the policy of the District to encourage employees to fulfilltheir mandatory civic obligations when called to civil or criminal juryduty or when subpoenaed as a witness.

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B blQ!!Qg: Employees must notify their supervisor or departmentmanager upon receipt of a mandatory summons to jury duty or criminaltrial or a subpoena to appear in court as a witness.

C Wt U

D. Status

l Employees are--mav be required to report to the Districti+:t:t+:r:FecF+a+e+y--after lelease]ocsis]

fromjury duty or the subpoena at manaagDent's discretion: and mustretum to work eacl+-anv day when not?required to be inCOUrt.koTi7j'tCUat

2. Employees are required to notify their supervisor or departmentmanager daily as to their status while on jury or witness duty.

-'C=:.. Ae,,' 'x

+ll-/n

73 of 164

v' \'" r'

m

Q.47 tp AFSCME Local3916 Proposal to AC Transit

Proposal #23


1 1.7 ADMINISTRATIVE LEAVE

A. Administrative LegyQ : Non-Disciolinarv: Administrative leave is notintended to replace the Leave Policy set forth in Article 11.5.Administrative -leave -is- a -District -initiated -leave -approved -by -theGeneral Manager, of short duration not to exceed thirty consecutivecalendar days. Administrative leave may be used where it is in the bestinterests of the District. e.g., extraordinary or emergency circumstances.

B Eav: Except as set forth in Article 7.3.F,--non-disciplinary relatedAdministrative LeavQwill be paid or unpaid at the discretion of the District.

:e disc!:ellae :9e

1 1 .8 MANAGEMENT LEAVE

The parties agree that the management leave benefit is provided in recoanition

overtime qenerallvoerform 3S e

A. .FIVE (5L4gvs of Management Leave shall be ciranted orovided:+n

l The employee bgS..passed his/her new hireprobationary period-:Eton:l--a-nonexempt position.

or promotional

74 of 164

A

2. The emnlovee has not received anv attendance related [Dcszltocs3j]oCS4jIAOS]fomlal

disciolinarv action in the previous #+seaFvear:-l-he..--erl:@oyee----hm

year forlttendancel and

3 Except as provided for in Section C below. the employee musthave worked 1 200 hours in the accrual year in an exempt position.

e e e

ee

e9 .e:e

tB.e9

Pent-}4eadee

B. Management Leave shall be granted on January I of each year and isgranted/earned for the previous year's work and may not be used inadvance.

c. Proratina Accruals/Comoutation

l -Accruals foLBQW Hires: Management leave for newly hiredemployees who meet the requirements set forth in Article 1 1.8.Ashall commence accruing on a prorated basis from the date of

hire but shall not be available for use until January I of the yearfollowing his/her being hired, contingent upon having firstcompleted probation.

2 -Accruals for Emolovees Promoted from Non-exempt to ExemotPositions: Employees promoted from non-exempt to exemptpositions who meet the requirements set forth in Article 1 1 .8.A areentitled to management leave on a prorated basis from the date ofromotion. If the employee does not satisfactorily pass his/her

probationary period, or otherwise returns to his/her former positionprior to completing the probationary --period.. he/she is notentitled to management leave.

3 Accruals for -EmDlovees in Non-Exempt Positions Who arServing in a Temporary or Acting Basis in Exempt Positions:Employees who serve in a temporary or acting position and whomeet the requirements set forth in Articles 11.8.A.2 and 11.8.A.3are entitled to management leave on a prorated basis.

75 of 164

4

5.

Proration: Prorated -management leave shall amount to 3.34hours per month.

Comoutations: For the purpose of computing leave only, currentaccrual practices which equate to one workday to eight hours,regardless of employee's work schedule, will be maintained.

The parties will enter into a Memorandum of Understandinci toaddress and update the District's pavroll svstem to recocinizeathe 37.5 hour work week accurately with :vacation. holidayand leave accruals based on 7.5 hours oer dav. as wellas howta-.gdd(Q$sing.any accrual balances on the books once thesoftware svstem has been updated to accuratelv reflect hoursworked. time earned and time taken. This software svstemupdate will also reflect employees who are on an alternatework schedule. The Transportation Supervisors will not beincluded in this process as they have a 40-hour work weekand 8 hour accruals.

D. Management leave must be used in the year in which it is granted andmay not be cashed in or carried forward to the following year.

TA

Tina Acreeilsolxn

TAG ra nt Lee

76 of 164

District Counter 3-23-17

AFSCMECounter March 20, 2017 to Distrjgt Counter of 3-14-17 to AFSCME Local


Proposal #24


ARTICLE 1 2. HEALTHAND WELFARE

Employees will be eligible to participate in District provided health and welfareplans on the first of the month following 30--days..-o+..30 davs of employment.Similarly, employees whose District provided health and welfare benefits havebeen terminated will be eligible to restart their benefits on the first of the monthfollowing comp]etion of five ]&) consgcut ve working davs

do not go back out on leave before the first of the following month when theirbenefits are scheduled to restart.

provided they

1 2.1 MEDICAL BENEFIT PLAN

Except as otherwise agreed to by the parties. the District agrees to providemedical benefit plans reasonably similar to our current plans during the temp ofthis Agreement. 9

'9

t'e

deduot+onThe District shall pav 90% of the premium cost and the emploveeshall pay the balance through payroll deduction.

12.2 DENTAL PLAN

Except as otherwise agreed to by the parties, the District agrees to provide adental plan reasonably similar to our current plan during the term of thisAgreement: except-++n+: tt+e-Thee. amount of the lifetime orthodontia benefitis.$4,000.00 per eligible beneficiary, and the annual maximum dental limit is$3.000.00 [ADZlper eligible beneficiary:J a' !g 'e 't 'e t


77 of 164

babilce-thnua+laavfo11-deduction;The District shall pav 90% of the:premiumcost and the emDlovee shall oav the balance through payroll deduction.

h.I lrAwa B RW 'e e

12.3 VISION CARE

Except as otherwise agreed to by the parties. the District agrees to provide avision care plan reasonably similar to our current plan during the temp of thisAgreement. The vision frame allowance is $200 annually and covers thefollowing lens options: photochromatic, polycarbonate, and polarizedtA031.

12.4 MANDATED CHANGES

The District and the Union agree to reopen this Agreement to negotiate or modifya nv provisions ofQ11U this Article and related Articles as required ornecessitated by any federal or state mandated health related legislation.

12.5 NON-INDUSTRIAL INJURY PROGRAM

The District agrees to continue the current non-industrial disability program

12.6 INDUSTRIAL INJURY

A. Employees are responsible for reporting all on-the-job injuries to theirSupervisor or Department Manager within 24 hours of occurrence and

B If the employee is not satisfied with the pa+:leF--doctudesianatedE?iptriQt QlloiQ pt)ypiQip0. he/she may request another physician from theDistrict's Medical Provider Network (MPNl--list.@pf:eveeL--by.-.Elle--Berths--Depot:tm8iil-:---lifter--30--oalendaf:--ckB6.-#

./


78 of 164

pproved by the District. The employee will be instructed by the -Districtregarding procedures to follow should he/she have an injury.

c.fomls ale-must be completed and

-AI.required

byqhe Benefits. Depp:+mmel:La desiciDated DislEJQLgjjlljq pbysjQ@!tlu ystconduct .ao... evaluation for a Workers' Compensation benefitsdeter. MgliQ!!.!Q.bQJnadQ b\r tele Districtjs Third Party Administrator.

D. Health and Welf are Benefits: The District will pay 90% of 4-0-0-%--o+the cost of Health and Welfare benefits for one year from the day ofindustrial injury or illness.

E Vacation Benefits: Accumulation of vacation credits will not beaffected by absences of slx monthsone fl \ ve r six months or less due toindustrial injury.

F Length Qf SQlyiQQ: Length of service with the District will beconsidered unbroken while an employee is on industrial injury orillness. However. an employee may be temlinated after one year fromthe date of industrial injury or illness if the employee cannot be reasonablyaccommodated or the employee is medically detemlined to be totally andpermanently disabled.

G Holidav Benefits: An employee will be eligible for holiday pay if awayfrom work due to an industrial injury or illness for up to sk-mon++:lsgBg::£4}veusix months.

H. !nlealie11en: An employee. at tl:tekhis/her discretion- on Industrial Injuryleave may supplement state industrial injury payments up to his/herregular rate of pay with accrued-G-FIO: manaaemeDIJgqyq: piQKJppygor vacation. or slcl( !Cave:in that order:j

An employee is entitled to t+:Feh:his/her pay at his/her app++eabb-base rateof pay and dlffenntial. }fapp++cab+e for the remainder of his/her assignedshift or work schedule.

12.7 MODIFIED DUTY RETURN TO WORK PROGRAM

In recognition of the imoortance of bettina emolovees back to work. ;+;e-theDistrict and AFSCME-the Union agree to es+ab++sh.-continue a Modified DutyReturn to WorkProgram whose purpose is to:


79 of 164

Hasten and encourage the return to work of industrially injured and nonindustrially injured or sick employeesl

Provide opportunities for injured employees to contribute to the District'sservice objectivest and

Save the financial resources of the District

This program will not result in replacement of employment opportunities withinexisting or new AFSCME classifications.

Employees who retum to work through the Return to Work Program will bepaid their i:eg+:lear-bg$g..rate of pay.

by the District :n the event of .ncn cooperation.-.oF.-$;e--employee;Assianmentswithin the Return to Work Program are limited to sixtv (60) calendar days.Assignments mav be full or part time and mav be unilateraljv discontinued bythe District in the event of non-cooperation of the employee.

Employees who are released by their treating physician to modified duty mustorovide written limitations from thei participate in theprogram unless otherwise precluded by law.

The cases of non-industrially injured and ill employees will be reviewed on acase-by-case basis for participation in the program.

Wedded Du

12.8 EMPLOYEE ASSISTANCE PROGRAM

The District agrees to continue an Employee Assistance Program at the presentor improved level of services.

12.9 ACCIDENTAL DEATH/DISMEMBERMENT AND LONG TERM DISABILITYINSURANCE

2014-.2017 AFSCME Collective Bargaining AgreementPage 59

80 of 164

The District agrees to provide (1) accidental death and dismembemientinsurance in the amount of $15,000 per employee and (2) Long TermDisability Insurance at the level of 50 percent coverage (similar to coverage thatexisted as of June 30, 1 999).

12.10 EMPLOYEE CO-PAYMENT

Each Plan Participant shall pay

HealthNet

$1 0.00 co-payment per medical office visit

- Prescription Drugs: $5.00 for generic;$1 5.00 for formulary; and$35.00 for non-formulary

Kaiser:

$1 0.00 co-payment per medical office visit

''\ - Prescription Drugs: $5.00 for generic;$10.00 for brand name

The current rgtgg.gDd..[Bgj!!!bl$yrgtlQQ pl.Qyjders are subject to change during theterm of this Aq reement.

12.1 I FLEXIBLE SPENDING PLAN

The District agrees to maintain the flexible spending plan (IRS $125 plan)which shall include all items allowable by Internal Revenue Code $125.ThQ District will work with the current Flex Spending provider to provide moreeducation on the nroaram and administration orocesses of the oroaram tonm n I rivnine

12.12 DURABLE MEDICAL EQUIPMENT

The District agrees to provide additional coverage for durable medicalequipment as set forth in the District's benefits plan document.

12.13 DOMESTIC PARTNER BENEFITSlocsSlocs61.


81 of 164

A. The District agrees to provide medical benefits to domestic partnerswho are defined as follows:

A domestic partnership is defined as a committed relationship of either asame or opposite sex couple who intend to be life partners. Additionally,in order to qualify as a domestic partnership, the couple must provide tothe District a signed copy of their Declaration of Domestic Partnership 'filed with the State of California or a sworn affidavit that attests bothindividuals meet all of the following criteria:

1 . Are 18 years of age or older

2. Are competent to enter into a contracts

3. Are not legally married to, or the domestic partner of. any other person

4. Are not related by marriages

5. Are not related by blood closer than permitted under marriage laws ofthe State of Californian

6. Have entered into the domestic partner relationship voluntarilywillingly. and without reservation;

7. Have entered into a relationship which is the functional equivalent ofa marriage. and which includes all of the following:

(a) living together as a couple

(b) mutual support of each other;

(c) mutual caring and commitment to each other

(d) . mutual fidelity

(e) mutual responsibility for each other's welfarel and

(D joint responsibility for the necessities of life

8. Have been living together as a couple for at least six (6) monthsprior tc registration with the District;


82 of 164

9. Intend to continue the domestic partner relationship indefinitely,with the understanding that the relationship is terminable at the will ofeither partner.

B A domestic partnership terminates when one or both domesticpartners:

l Files a Notice of TerminationState of Californian 2

of Domestic Partnership with the

2. No longer meet the above qualification;

3 Gives notice that the relationship has been dissolvedl or

4. Dies

12.14 INSURANCE PROVIDED BY THE DISTRICT

The District provides employees with the following types of insurance

A. Basic Life Insurance

At no cost to the employee, the following Basic Life Insurance andAccidental Death and Dismembemlent policies are provided:

Basic Life 2 times Annual Salary rounded to the nearest $5,00qocs7]EH

:e.

al n+ B [n. A'g I'n'WZ RV. :e

WA.W $

+ e e

+:e

+: 3w.R aw

AD & D $15.000

B Long Term Disability

At no cost to the employee, Basic Long Term Disability Insurance providesf tfty percent (50%) of an employee's salary in the event of an unforeseencatastrophic injury or illness. There is a waiting period of180 days.

Emi)}oyee= may purchase additional supplemental Long TermDisability.


83 of 164

12.15 0PT OUT OR OPT DOWN PROGRAM

During the term of this Agreement. the District will continue the Opt in/Opt OutProgram except that the following formula shall be used to determine the monthlyamount due to eligible participating employees:

Medical

Single to zeroDouble to zeroFamily to zero

$100$200$300

Dental:

Single to zeroDouble to zeroFamily to zero

$10$20$30

TA TA

Tina Acree

March 27. 2017

Grant Lee

March 27. 2017


84 of 164

AFSCME Counter March 20. 2017 to District Counter of 3-14-17 to AFSCME Local


Proposal #25


ARTICLE 14. ALLOWANCESAND REIMBURSEMENTS

14.1 BUSINESS AND TRAVEL EXPENSES

The District will continue its policy on reimbursement for business related traveland expenses provided said expenses are reasonable and proper verificationacceptable to the District is provided.

14.2 UNIFORM ALLOWANCE

The District will continue its uniform allowance oolicv for emolovees covered by thisAgreement: However. those emDlovees who are reciuired to wear a uniform on anj11frgquQDt basis, will have their uniform replaced when it is no loncier serviceable.

New emnlovees who pass probation will be nr9vlded a yQqGher for five (5) completeuniform sets and all cesitb:garments thatjre classification/department specific as determined b-

onecessa items. accessories andmanaciement

Qnqoino employees who wear a uniform on a dailv basis will be provided a uniformvoucher on their anniversary date. to ourchase their annual allotment of uniformarments. TransoortatjQO Supervisors and Training Instructors will be provided. lon a

Bplacement basis each VQgLAkowN minimum of five (5) pair of uniform trousers. and five5) uniform shirts in addition to anv vendor aooroved items uo to the full amount of the

yQUQhgl::rbjgFepjacement shall be limited to not more than once each vear. andapproval will not be unreasonablv denied. Uniform vouchers will be issued onemployee's hire date.

g.$yllQ1llg1lge$. tl)e employee: $ha llnQtjfv tl)Q pupQrvi$pr wl[e will reviewar[d bD8&Dcs3] authorize the purchase of uniform

arments in excess of the allotted voucher amount. Authorization will not beyD@asonably denied.

9 e' '9 B9

.e'e 'e

Be 'e

85 of 164

\

./

Fes. 3 sMeJ:s/sweatersocke+-andea

}d/or--noFsls.u+:H +q+Htems-wall-be-.npS

14.3 USE OF DISTRICT VEHICLES

The District will continue its policy on use of District vehicles by employeescovered by this Agreement.

14.4 FREE TRANSPORTATION

The District will continue its policy on free transportation for permanent fulltime employees covered by this Agreement as follows:

All full and part-time employees andpartners, pensioners, pensioner's spouses and dependent children. widows ofpensioners and widows of deceased active employees are eligible for freetransportation. Dependents are defined as spouse and dependent childrenreceiving a major portion of their support from the employee and living in thesame household with the employee, or who are minor dependent children ofdivorced or separated parents who are AFSCME member employees.

their dependents, Elggi$!g11gdou domestic

Passes will be issued in accordance with District policy

14.5 PARKING - GENERAL OFFICES

A. Parking at the General Officesemployees on the following basis:

shall be available to represented

l -All department managers are bntitlec&ocss] to parking at theGeneral Offices. Effective with the next parking lottery, all otherinterested pemianent employees shall have their name drawnby lot for an available parking space.

2. The cost of parking will be at the discretion o£the general

b t:tle ce

86 of 164

3 Employees must use their assigned parking spot and may notsublease or otherwise assign their spot to another employee forremuneration of any sort.

k

-(&& $«xx

$l>\\] d-@ln

87 of 164


Proposal #26


January 12, 2016

ARTICLE 1 5. HEALTHAND SAFE'TY

1 5.1 HEALTH AND SAFETY

The District recognizes its responsibility to provide a safe working environment.The Union also recognizes its responsibilities to cooperate with the District tomaintain a safe and healthful work environment. The parties agree to usetheir best eff arts jointly to achieve these objectives and to assist in theprevention, correction and elimination of unsafe working conditions andpractices. Proud!:

15.2 EMPLOYEE PROTECTION/SAFE'TY TRAINING

A. The District agrees to furnish protective clothing and equipment foremployees covered by this Agreement as required by State and Federallaw, and provided in this Article 1 5.

B The District further agrees to provide health and safety training toemployees covered by this Agreement as required by State andFederal law.

2./tc:d l?-

-(i.L A:u~-- G$«««# L-

88 of 164

TA -- March 20. 2017

District Counter 3/l4/17 to AFSCME Local 3916 Counter Proposal to AC TransitsCounter from 2/23/17

Proposal #27


I March 1.

202017

ARTICLE 16. EDUCATIONAND TRAINING

16. 1 MANDATED PROFESSIONAL EDUCATION AND TRAINING

The District agrees to pay for professional education and training required bystate or federal law to maintain professional credentials required by theDistrict for the employee's job classification.

16.2 MANDATED LICENSING AND CERTIFICATIONS

With the exception of Class C driver's licenses, the District agrees to pay forall licenses and or certifications required by the District for the employee's jobclassification.

16.3 TUITION .E1.4ENTREIMBURSEMENT

'8nTn'Wn I'n ''n H I nVn e

e-To the extent funding is available. the District to maintain thei-.progituition-cu rrent tuition reim bursement +:ei llIA021 during thee'

term of this Agreement with the exception of allowingiE

reimbursements tod oartic}el:-pf e

ants up to $2.500 annually forcurrent covered COStdOCS3jjA04

pnq resslon plan::-

+f-Both parties aciree that should the District creates and malntilns aadoot newBoard Policy and/or Administrative Reciulation for t-tuition rReimbursementduring the course of this agreement and nla+t:ltahprovide reimbursement of at

'1 Mshajl no longed apply effective the date of adoption of the new Board Polioand/or Administrative ReaujqtjQn fot Tuition B9imbui.$Q111ent:

least $2.500 =m: Ol:e: this section. 16.3. of the aa

89 of 164

16.4 TRAINING'\

The District and AFSCME encourage employees to access training which isrelevant to their profession and reasonable with regards to cost and benefits tothe employee and the District. Requests for training must be approved by anemployee's department manager/supervisor. Requests for training will not beunreasonably denied.

Individual training problems with employees must first be addressed at thedepartment level. If no resolution is reached, the issue may be brought to theattention of the Exec utive Director of Human Resources Dopat:ti:nei:kD+l:ec+el:--w+:bier-who will review the issue and, if appropriate, discuss the issuewith the department manager or Executive Staff member to ++ave-resolveu€£onthe issue

Tina Agree

3/20/17

Grant Lee

3/20/17

90 of 164

District Counter to New 3-1-17 language

AFSCME Local 3916 Counter Proposa[ to AC Transit's Counter form 2/23/]7

Proposal #28


March 1, 2017

New

Enlpbveg.Ap$1B .gP..&eargmlEAD Trauma Assistance

The District will offer EAP services to emplovees for assistance with a varietv of concernsincluding Qonfidentjal therapy sessions to deal with trauma r61ated incidents.

EmplQvees whQ have been assaulted and/or traumatized will be offered an EAP referral forconfidential therapy as outlined in the Districts EAP contract.

In addition to llhe servjQQ$ QffQredltlrough EAP. in $Qme cases an employee will file a WorkersCompensation claim in conjunction with the suffered trauma and iniurv/illness. In those casesIhQ Q ;ployQg mByuse sid( leave to;bri gQ thp 3 dpv wpitig period reauirQd by LgbQr Code4652

In accordance with Labor Code 4652. employees will be made whole for the 3-dav waitinaeriod if the Workers' Compensation claim is acceoted and the emplQVQe is removed from work

for fourteen {14) gl. more days. Additionally. the 3-dav waiting period will be waived if theempl9y9&ighQ$D11311zgdbQG3yse of the trauma or iniurv resulting from an approved Workers'come claim,

TA TA

Tina Acree

March 30. 2017

Grant Lee

Margin 30, 2017

S

bqB:'

91 of 164

A.

'9 I .ci n 3 I',.l\

92 of 164

District Counter 3/7.ZIZ.!e

.AFSCME Local 3916 Proposal to AC Transit

Proposal # 30


January 12, 2016

16.5 PROFESSIONAL DEVELOPMENT COMMITTEE

The District and AFSCME shall establish and maintain a ioint ProfessionalDwQIQpuQnt Committee(PDC) for thelurpose of working collaboratively withthe Human Resources Department tQIQyiQW.di$Quss.and $yDport the learnin-and devejoDment needs of AFSCME members.

Committee PartiGjpBnts

The PDC committee shall be composed of the AFSCME President and two (2)union members appointed by the AFSCME Bt+s+t:less..-AqeldPresident. TheExecutive Director of Human Resources. Learning & Develooment staff. andup to two (2) additional members from the executive management teamappointed by the General Manager or designee.

Meetinas

The PDC will establish regular meetings everv quarter (four (4) Der calendaryear): Additional meetings may be required as detemlined by the PDC. Meetingagendas and topics will be iointlv developed a minimum of five (5) business davsprior tp the meetinql All meetings will be held during normal business hours. Atno time will participation in PDC meetings or additional proiects assigned by thePDC generate overtime. In addition. the AFSCME President will de+eaa+eaoDointa senior representative to attend the monthly Leamina and DeveloomentSteering Committee meetings.

BBe e e

e

''\

93 of 164

e .3

$ie

l }ls nd

e e

nwn'e

!

EP4esideQ1:4

e -PAW. 8

b ee

raz

A in

! 8

B

e

B B

'8 9.99

'e'e

'e 9.e

n e

A-

=.: 'A«a

8l-. I \]

94 of 164


Proposal # 31


January 12, 2016

ARTICLE 20. TERM OFAGREEMENT

Following ratification of this Agreement by the Union and approval by the AC TransitBoard of Directors. it shall become effective and shall remain in full force and effectfrom April 1, 20-44201 7 until Ma+:ch-34.June 30, 204-72020.

TA

Tina Agree

\l's01xl

TA

G ra nt Lee

slsqlxn

95 of 164

A. AFSCME counter to District Counter 2-16-17 to

February 23, 2017

Proposal # 32


ARTICLE 1 9. GENERALPROVISIONS

1 9.3 LIVING AGREEMENT

A The parties recognize that not all areas susceotible tocollective bargaining may have been raised and/or appropriatelyaddressed. Accordingly, the parties agree that during the term of thisAgreement, such items and issues may be negotiated and/or met andconferred upon. except when such discussion mav alter other

rovisions of this agreement. Should such discussions take olace andst..«dthe parties have reached a meeting of the minds. a

agreement mav be entered into by the parties anduoon exoiration of the current aareement less botagree to an alternate expiration date

$ e .e

19.4 FEDERAL AND STATE MANDATES

The District and the Union shall negotiate the implementation of Federal andState mandates that affect the terms of this Agreement and/or the wages, hoursand working conditions of employees covered by this Agreement consistent withthe collaborative process outlined in Article 2:2 NQn-Discrimination &Harassment unless otherwise agreed to by the District and the UlliQn.

1 9.5 DEFINITION OF DAYS

1~ Unless otherwise set forth in this Agreement reference to "days" are to bebusiness days. In computing "business" days, Saturdays, Sundays andholidays shall be excluded

'C:=.~ Ve«'\...I ''l\...n \,'') I =...-+., } \'>{96 of 164


Proposal # 33


January 12, 2016

.e.

Refer to Article 13 Retirement

Refer to Article 24

zl .u\'')

pe .

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AFSCME Follow up Discussion March 31. 2017 on AFSCME Counter March 302017 to District Counter of 3-27-].7


Proposal # 34


ARTICLE 24.MAINTENANCE

24.1 SHIFT ASSIGNMENTS

A. There shall be three shifts for Maintenance Supervisors

Day

MID

LATE

B The shift for Electronics Supemisor an+ !;:]ft].4alntenance Superb/}=ashall coincide with the day shift for Maintenance Supervisors. Shiftdifferentials are not applicable to these shifts.

24.2 SHIFT DIFFERENTIALS/Prcmlumn Pa

.g MID 5%Late - 1 0%

When fiftv pqrfell! (50%) QI. more of an employee's shift occursbetwegtlh hQur$ Qf 4:00 pm and midnight, a switu MID shift

differentialof +en f+vefive percent +g;O%} (55%} willbQ paidfor allhours workqddylirlg the shift:

LATE 1 0%

)NbQre fifty percent {50%) or more of an employee's shift occursbglween midnight and 8:00 am, a pt:a\+e:ialg LATE shift

differentialof $f+een ten percent +g:5%} (401Q%l.willbe.aid for allhours worked during the shift.

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le-a--paH of the--emNoyee!£ .. ... I.. ...). I.... .Stnc- ntlals shall-.no+-be.-ma.

si(i !eave.

An individual's shift Dav will be determined by the shift on which the majority oftheir work is performed.

: ([ Project Pay ls--]

well(--more Ua{ue.+o-shift-assignmet:E

cues

24.43 UniformsMaintenance emolovees will be orovided a winter/shop coat by the District. TheDistrict will replace the winter/Shoo coat for emplovees when it is no longerserviceable. Manaciement will work with the emplovees to determine the coat isappropriate forJhe work done

24.54 Holiday Staffing Levels

Maintenance Superintendents will determine the staffl091qyel needs on holidays. The District will

conduct an q01]ual hojjdg $!R!!gp fpr !bq Mqir31g q gg Piyi$i90$;Pl;stncbe for each holiday. Suoervisors who sign uo for work on holidays may work at anv Division and/Q! any

shift. If there are no volunteers inverse seniority willQrevail.

24.65 At:n:lud Division & Shift Bid

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'''\ District agrees to allow for a Division and Shift bid based on seniority. once.oa:other in 201 vide

an ot)Dortunity for all Maintenance Supervisors to oink and/or change theirDivision and/or shift. The Division and Shin bidding will be conducted by theUnion in the month of Mav or June. and must be completed no later than June 1 5thbid. The new Divisiol1411ft Still:swig!!mQnttwil! uo into effect the Hast paUoll-eriod in the month of July.

24.7 6 Adequate Staffing Levels

Union recognizes District's right to motif\, work assignments or shifts in order to have adecJuate

supervisor coverage to supi21)!.LU !H$Uic!!$ business needs. When a known temporarvacancy of thirty (30) days or more occurs. a work assignment or shift modification mav be

uiredre r

The District and Union are committ dta $t bli$hirla MajDtenance Supervisor shiftschedules that provide qualified staffing that meets District needs while also Drovidinacontinuity and stabilitv. If there is an issue reaard+nc=deauatesta#fha !eve+s: both

24.g7 Intqrq Piyi$iQD/Work Location Transfer

The District sha]] first request to Hill the work assignment or shift by asking for a volunteer althe Division/work ]ocation where the change is needed. Ifno one volunteers. District shallmake a good faith effort to provide as much advanced notjfe !Q the. employee selected, based(}n SQl11QI.!!y.[OCSZllOCS3]IA04]]Dcssjg$ Qt]erational lv possible. At a minimum, a fourteen (' 1 4)calendar day's' notice to modify a work assignment or shift shallbe provided to theem plover. This should nQLprQQlydQ aDy employee from agreeing to modify a workassignment or shift xx'ithQul z!.!bu4een ( 1 4Lgalendar:44y$' notice if mutually agree([ byDistrict and the employee.

elbe District shall tlEgyjdf\vrjlten notice to the Union President and Business Agent of theWork assignment or shift modjlkBljQ L31 JIK dQ !he data Qfnotice:to the employee, startdole of the new assignmQd Qr shift and business case justification.

24.98 External Diyi$iQO/Work Location Transfer

It is understood that most work assignment or shin changes; occur within.the sameDivision/work location: however. there mav be a need to move an emnjovee to another

Division/work location to cover a temp)orarv' vaqaiU)b

The D strict shall first reclue]!!!} ll11U]q]8{1211k..BING.mnent or shift b}, asking 6or a volunteer at

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the Division/work location where the change is needed. If no one volunteers. the Districtshall make a good faith effort to Provide 8$ much advanced notice to the employee selig!€dbased on seniority [AOslas ooerationallv possible. AI g:!!11Dlmum. fourteen ( 14) calendar davs'notice to modify a u'ork assignment Q! sbjfL$ball be provided to the cmpjov9Q: .l!!!a$!!Q!!!dnot preclude any employee from agBQing to modiR ' a work assignment:Qr$!!jjLw!!!!fl!!LBfourteen ( 14) calendar days' notice if mutually agreed by District and the employQQ:

r

The District shallilrovide vwitten notice Lo the Union PIQsjdQnt and Business Agent of the workassig.n©Q 11LP

new assignment or shin and business case justification.

Nothing herein. as provided in Modjfjgg

District frQ 111 !e n]performance problglll

24.4;09 Permanent Vacancies

When a tlermanent vacant-.,(ies) exists. llx3Digrid shall have the right to determine if

position for at least htlrteen lzl\fEten (4..4 $ 1 0 calendar devs at aLI divisions/WQtk

locations. The position will be open for bid to all current eml)lo},ecs fbr theappropriate clang flw:!b

classification seniority: DistriQLsh4jLJ21ovide written notice toJb&lU!!iQQ: Pr9$i£!91&

and Business Agent within Hive (5) calendar days of the work assignment/shift,

glp:plQliQQ tbp! 11QQgived the Position amt !hz sIgH:able

If no one bids on the oosition. the District mav fillthe Position with an employee newly hired

to the District. If the position is filled through the bidding process,the resulting vacarlgymav be filled by a newly hired employee to the District:

TA TA

Tina Acree

a.l\lxn

Grant Lee

ql'\lxl

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District Counter 4/7/17 to AFSCME Local 3916 Proposal

Proposal # 35


January 19, 2016

ARTICLE 25. WAGEADJUSTMENT

Effective April 61, a0442QIZ, all employees in the bargaining unit3:5 6:6 3.25 % general wage increase.

Effective Ap++F-5slyl)d., a04-s291.g, all employees in the bargainingto ag:0.4- 3.25% general wage increase.

Effective Aal++-3Julv 1 , 20:t6gQ19, all employees in the bargainingto a 3:0-4 3.25% wage increase.

to AC Transit

will be entitled to a

unit will be entitled

unit will be entitled

Cau,,.ct b---<-

4 1 t2.- ( 1'+ q' :,It]

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A FSCME Counter Mardi 23. 2017 to DistrictCounter of 3-20-17 to AFSCME Local 3916 Proposal to AC Transit

District Counter Proposal # 36


1 1.5 LEAVES OF ABSENCE

It is the purpose of this section to set forth the types of leave and eligibilityand procedures to obtain leaves. There are other options available toemployees which they are encouraged to explore such as ADA. Workers'Compensation and State Disability. Some of these options are available inaddition to and can be used in conjunction with the leaves available under thissection. For further information contact the Human Resources or BenefitsDepartment.

A. Types of Leave

1 . EenlU .:er)4=Medicdave (FMLA/CFRA): This leave isintended to meet the requirements of the Family and MedicalLeave Act of

1 993 (+he-FMLA)..Bild the California Family Rights Act (CFRA) a++d-+t+e

C Hfornia Pregnancyunlsab !ity:Act(CPDAlfor employee leaverequested under those statues. This leave does not cover leaverequested under other federal or state laws and should be read inconjunction with the District's other leave policies. Should currentlaw differ. current law shall prevail.

(a) Eb41::B/QE13A.Igpypp qrQavailable for:

(1) The birth and care of a newborn child. theplacement and initial care of an adopted or fosterchild;

(2) To care for an employee's spouse, previouslydesignated domestic partner, child or parent with a"serious health condition"l or

(3) An employee's own ''serious health condition"which makes the employee unable to perform the

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essential functions of his/her job

U FMLA leaves are available for

Q u alifvi n clexiaencies celaled

to the foreign denlovment of a militarymember who is the employee's spouse,child , ol. pqr9 Dl191.

Care of a covered servicemember's spouse. child. parentor next of kin withaseriousiniuryorillness,This militarv careciiver leave provides up to 26 weeksof leave in a single 12 mQntb pelilgd:

a CFRA leaves are available for

rl} The birth and care of theorevio uslv des ia natedp ann erl Qt

child of adomestic

(2) The care of a prQyjQuslv designated domestic padnelor child of the oreviouslv designated domestic

artner with a serious health condition

(bd) Eligibility

Employees are eligible for FMLA/CFRA leave if

(1)

(2)

The employee has been employed by the District fortwelve (12) months; and

The employee has been at work at least 1250hours during the twelve month period before theleave is to start.

(G9) Duration of the Leave

(1) Eligible employees are entitled in most instances. toup to 12 weeks of FMLA leave within a 12 monthrolling period. except if a longer period is provided bylaw

(2) The 12 month period is determined by a rollingtwelve (12) month period.

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(3) Eligible employees on a workers' compensationleave of absence will be granted leave for a periodequal to the duration of the disability. However.FMLA/CFRA will only be extended for the first 12weeks of such work-related medical disability. TheFMLA/CFRA will not serve to extend the eligibility formedical benefits. Except for industrial injury, in nocase shall the employee be eligible for more than sixmonths paid medical benefits.

(4) Leave taken by an employee for the birth or placementof a child must be taken in increments of two weeksor more within 12 months of the birth

or placement of the child. However, for this purpose,the District will provide bonding leave between one tothirteen days on two separate occasions within the 1 2month period. !n.the case of a previously designated

e

(5) Under certain circumstances, leave may be taken onan intemlittent or reduced leave schedule if medicallynecessary. The employee must make a reasonableeffort to schedule his or her leave so as not tounduly interrupt District operations.

If an employee chooses to take intermittent orreduced leave, the District may require the employeeto temporarily transfer to another position forwhich the employee is qualified, and which wouldprovide equivalent pay and benefits and a betteraccommodation for the employee's recurring periodsof absence.

(6) If leave is taken for the birth, adoption orplacement for foster care of a child or care of a parentwith a serious health condition. FMLA/CFRA will belimited to a combined total of 12 weeks in a 12 monthrolling period by spouses or previously designateddomestic partners who both work for the District.

(df) "Serious Health Condition ''

A "serious health condition" as used herein means anillness. injury, impairment, or physical or mental condition

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which involves QneQf thQ fQ IQwinc!

(1) Any period of incapacity or treatment in connectionwith or consequent to inpatient care in a hospital.hospice, or residential medical care facility.

(2) Any period of incapacity requiring absence fromwork or school or other daily activities, of morethan three consecutive fylLcalendar days, providedsaid absencetreatment by a health care provider at least twicewithirl 30 dave of the first dav of incapacity. or oncewith continuincl reaimen of treatment under thesupervision of the health care provider.

ult of involves

Anv period of incapacity due to preqnancv, prenatalcare. childbirth. or related medical conditions.

(3 ) Gentinulna !reatment b','Anv period of incapacity: ortreatment under the supervision of a health careprovider for a l$hrlanidDcsi] or long term healthcondition theta incur ble-or...-sa se:ioushat, if not

mole--$1al;..-three-ca+endal:-days-or-fol:pt:ena+a+- care::l:l:ea+ment does not indude routine physical ex3n+sr

coral:Iter-med+eatto++:oi:-bed-restthat requires periodicvisits. continues over an extended period of time. andmav cause episodic rather than continuing periods ofincapacit '

A period of incapacitv, under anti\re+i:ea+nterttcQlltjoyjq $yp wi$jen by a health care

rovider. for permanent or lonci term conditions forwtliQh trQ t ent mgEDgt be bf! g11ydocszt:

Anv period of ifloapacitv--absence to receive multipletreatments (including! recoverv therefrom)---tt+osett:eatme+lts} or restorative surgery after an accident orothQLjtliyN, or for a condition which would likely resultirl jDQapaQjty pf QIQ !hQn tht Q SQrl$eQutive fullcalendar. days absent medical jrltQNention ortreatment. Treatment does not include routinephvsicalexams. eve exams. dentalexams. the takinciof over the counter medication. or bed rest.

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(24) "Serious health condition" does not include short-term conditions such as colds or flu. for whichtreatment and recovery are very brief.

(eg) Substitution of Paid Leave

Employees must use sick leave for absences due to theirown "serious health condition" or during FMLA/CFRAl: forthe "serious health condition" of a family member. Afterexhausting sick leave employees requesting leave mustuse accrued vacation, compensatory time off ormanagement leave. An employee may elect to use sickleave for FMLA/CFRA for a family member.

Certification

An employee who requests leave to care for their own"serious health condition" including disability as a result ofpregnancy, or the "serious health condition" of a familymember, must provide a certification by their health careprovider, acceptable to the District, which supports the leaverequest. The certification must state the date on which thehealth condition commenced, the probable duration of thecondition and the appropriate medical facts regarding thecondition, but need not state the diagnosis. If the employeehas a "serious health condition." the certification must statethat the employee cannot perf orm one or more of theessential functions of his or her job.

This certification must be provided by the employeewithin 15 calendar days of the request for leave, unless it isnot practicable to do so. Failure to provide therequired certification in a timely manner may delay thetaking of the leave as requested.

In the case of FML, the District may also require asecond or third opinion by a health care provider of its choiceat its expense.

2 Pregnancy Disabilitv Leave: This leave is intended to meet therequirements of the California Pregnancy Disability Leave Law(PDL) for employee leave recluested under this statue. Thisleave does not cover leave reciuested under other federal or statelaws and should be read in conjunction with the District's otherleave oolicies. {Uodate with current federal end state law)

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Employees disabled as a result of pregnancy are entitled to aleave of absence for the time she is disabled up to a maximum offour months as certified by vour health care provider..Employees are entitled to such leave upon being hired. ;+:®

e++g+b+eThis leave maylun concurrerllt with FMj::A: if;eligible.Medical certification of the disability is required tQ bQ QQ plQtQgby a licensed health care orovider. Should current law differ.current law shall prevail.

Employees off due to pregnancy disability must use accruedsick leave, but have the option to use vacation or compensatorytime off.

3. Leave of Absence: A leave of absence may be requested forthe employee's own health condition, emergencies or personalreasons up to a maximum of six months. unless there has been anapproved extension or the employee is in the reasonableaccommodation process. Such leave may be renewed foradditional periods of time not to exceed six months each. on therecommendation of the Division Superintendent or DepartmentManager and the approval of the General Manager.

The District has sole discretion to grant the request for the leaveand may grant less leave than requested due to the operationalneeds of the District or failure of the employee to substantiatethe need for the time requested.

All leaves of absence are without pay except as set forth inArticle 1 1 .5.B.3 below.

B Procedures-All Leaves

The following procedures are applicable to all types of leave set forth inthis Article.

l Reauests: Employees must give a 30 calendar day writtennotice of their intent to take leave to the Human ResourcesDepartment, unless such leave is unforeseeable. If the leave isunforeseeable. notice must be given as soon as practicable.

Requests for extensions of leave must be made at least 15calendar days in advance of the date the extension is to

commence unless unforeseeable circumstances prevent such

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notice. Requests for extension must be submitted in writing tothe Human Resources Department. The District may requestre-certification of any underlying serious health condition.

In all cases, requests for leave must be made on the Requestfor Leave form. The request must be complete and in writingand must state the reason for the leave, the duration of theleave and the starting and ending dates of the leave. Failure tosubmit the form to the Human Resources Department mayresult in delay or denial of the employee's request.

2 Effect on Benefits

(a) -Generallv: Except as set forth in the Agreement or in theRetirement Plan document, for leave taken in excess of onemonth or major portion thereof. an employee will not accrueany benefits during the leave period. The leave does notentitle the employee to any greater rights than he or shewould have had if he/she had remained in the workplace.

(b) -Health and Welfare: The employee will remain coveredby the District's health care benefits for a period not toexceed six months. However, if the employee does notreturn to work after the leave period, the District may requirethe employee to repay the health care premiums paid by theDistrict during the leave period. unless the employee doesnot return due to a "serious health condition" as set forthabove, or due to circumstances beyond the employee'scontrol. If an employee is required to reimburse theDistrict for health care premiums. said sums may bededucted from any accrued sums due the employee uponseparation of service with the District.

If the leave extends beyond six monthsmay elect to purchase health benefits.

the employee

(c) --Holidavs: if a paid holiday falls during the period anemployee is on leave of any kind, the employee is noteligible for holiday pay. except for industrial illness leave andfor sick leave as enumerated in Article l0.2.A.

(d) Vacation: An employee on leave of any kind for onemonth or a major fraction thereof. does not accrue vacationcredits during that time. except for industrial illness or injuryleave

3 Use of Paid Leave An employee may not be on unpaid leave of

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absence until all accrued leaves have been exhausted unlessotherwise set forth in this Agreement or as authorized by theGeneral Manager.

If E21..employee hasexhausted all appropriate accrued leave, he or she may have hisor her salary reduced by the hourly amounts for absencesincluding absences of less than one full day if allowed by law.

4 Reinstatement: An employee returning from leave will be reinstatedto the same or equivalent position, with equivalent pay, benefitsand other terms of employment.

5 Status Uodate: Employees on leave must check-in monthly withhis/her

Superintendent or Manager +o-.advise them of their status and theprobable date of their return to work. The District may requestverification acceptable to the District from the employee of his/hercontinuing need for leave.

6. BQtyrn Erpp) LQpyg: An employee must contact his/herSuperintendent or Manager at least 5 working days prior to theirintended retum to work date for the purposes of discussing thereturn. Failure to contact the employee's supervisor may result ina delay in return to active status.

7. A leave of absence will automatically be canceled andemployment terminated if the employee is working in a positionincompatible with the stated reason for the leave.

8 EqiluiQ tQ BQlyro Eiplrt;Lppyg: Failure to return to work uponthe expiration of any leave of absence will result in termination.

1 1 .6 MILITARY RESERVE LEAVE [AD3}

Military leaves of absence are granted in accordance with the provisions ofthe Military and Veterans' Code of the State of Palifornialocs4] as well as anapplicable Federal [QgulatjQQs:-

A. Procedures

l Reauest: immediately upon receipt of military orders, theemployee must complete and submit a "Request for Leave ofAbsence" foml to the Supervisor or Department Manager.

Any employee who is required to report for temporary activemilitary duty will be granted a leave of absence.

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2 Pav and Benefits

(a) If the employee has one year of continuous service with theDistrict when ordered to active duty, the District will paythe employee's full salary for up to thirty (30) days percalendar year while on required military leave. Theemployee must present written verification, satisfactory tothe District, indicating the time served during active duty.Employees will be paid only for work days missed due toactive military leave.

(b) Travel days will be paid only when required by law, and uponpresentation of verification of attendance acceptable tothe District.

(c)

(d)

Employees will not be paid for weekend drills or training

Employees on active duty may request to cash outaccrued compensaton)dime€w,«,vacation, or holiday creditsin that order, not to exceed time spent on active duty. Lumpsum payments are limited to one month's pay at a time.

(e) Health benefits and free transportation shall continue for sixmonths.

(D -Accrued vacation days or compensate::)Fame may beapplied to offset any loss of pay while an employee is onactive duty.

3 When Military Weekend Drill interferes with an employee'sassigned work schedule, a Department Manager or Supervisormay change an employee's shift or work day in order toaccommodate the employee's temporary military leave.

fl al «-)z,r1,'5 I )'?-

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District Counter 3/3031/17 to AFSCME Counter March 27. 2017 to District

Counter of 3-23-17

AFSCME counter March 30. 2017 to District Counter 3/10/17 to AFSCME Local


Proposal # 37


ARTICLE 1 7PERSONNEL ACTIONS

1 7.1 HIRING AND SELECTION

A Recruitment : and. Qualifications: :...The District acknowledges thebenefits of Promoting from within the aaencv while adherina to BoardQliGy.!Q..D[QyidQ€qual employment QDDgrtunitv hiring. and balancing the

deed tQjire the best qu8lified candidate.

The District will determine whether to oost iob oooortunities internal onlvor internal and external simyltaneousjv BDd.shall consider internal onlvpostings whenever feasible.

The District shall consider a varietv of factors. including but not limited tothe anticioated number of qualified candidates..the soecialization andscarcitv of knowledge. skills or exoerience required for the iob. and theDeed to address deficiencies in staffing underutilization as identified bythe District's EEO Office.

District emolovees will be evaluated using the same criteria and on thesame basis as external candidates: however. current service andexperience with the District shall be a oositive factor in hiring decisions.

B. Posting

l Except as set forth below. all vacancies occurring in Unitositions. including temoorarv openings and acting assignments

of 30 davs duration or more. shall be Posted for a minimum often (1 0) business davs.

2 The above does not oreclude the use of eliaibilitv lists for uo to one

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calendar Year

g

D

Selection: The selection orocess shall be determined by the Districtand shall be aDolied uniformlv for the oosition.

Flexible Staffina: The District mav elect to flexiblv staff oositions orclassifications in a series containing an entrv and hiciher level i)osition. Incases where oositions and/or classifications have been pre-desiclnatedas a flexible staffing oosition/classification. an emplovee mav beromoted from the entrv to the higher level classification in the series

without Posting or conducting a competitive [QQryitrDQl&

E Record Management: The District shall maintain all test materials.corresoondence. and other records pertaining to all aspects of arecruitment and screenina orocess for the minimum period required bylaw

E Feedback: in the case of a candidate seeking to review his/herciualifications and/or interview performance. thQ District will provideverbal feedback without breaching confidentiality, Whenever possible,the District shall helo identifv develooment areas for consideration.

G Apl)eal: Appeals regarding the !Qcruitment/selection orocess and/orresults must be submitted in writing to the Executive Director. of.HumanResources (or desianee). and AFSCME President and Business Accent

within ten (IQ) business devs of the District's announcement of aselection

The Executive Director of Human Resources shall respond in writing tothe AFSCME President and Business Accent and the employee filing theaooeal within ten (1 0) business days from receipt of the apnea:l.

LW.R = w

l 3

.e!

e9

i 9

n.&ri '€€ 'e

e

WAW= B

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e

1 7.2 REHIRED

Former employees who have left the District in good standing are eligible forrehire. Such employees who are.!ehired are Considered new employees forpurposes of this collective bargaining agreement and shall retain no senioritv orother riQhts.

Rehired emplovees will be olaced in an appropriate salary steo within thesalah grade consistent with Article 9 af this Agreement:

I 17.32 CLASSIFICATION CHANGES

When the District desires to establish a new classification or modify anyexisting classification in the represented Unit, the District shall provide a writtencopy of either the lproposeq: nevsLclass fication:Qr:::the proposedchanges to the AFSCME President and Business Agent in writing at leastfifteen-!gD.(4$]9) werkil:©business days prior to the proposed action. The Unionmay request to meet with theDirector o! Hyoq RQ$QurQQ$ (o( gQ$j90ee)O#iee# within ++\#e--!gQ..(5lQ)wolkii:Fgbusiness days o+-yoon-of notification to discuss the proposed chanaesBild..compensation for the

e9

If a meetina is reauested ;thei

classification

proposed changes may notbe implemented until the meeting has been held. Questions regardingrepresentation of classifications shall be reviewed in accordance with Article1 .2

nl I'n

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r'

set---+ol#+--.abQver---+he--Dish:iGt-.-shallsible--+Ql:---establish:MI Ehe

:he above-does-not--pl:eolude-4he--useof--e+igibbllltyJists-eE+iaibili:

all banpp11ed unlfonnlyfor the position:

e

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WJ w.I.w=

1 7. 44 OFFICIAL PERSONNEL FILE

An employee's official personnel file shall be maintained +tMWthe HumanResources Department. An employee, or the properly authorized stag{ep:Eamntetive of the Union..R9p£9$9DIB11y9, may review his/her personnel fileduring regular General Office hours upon reasonable prior written notice. Atthe discretion of his/her supervisor, an employee may be excused for areasonable period of time,not to exceed thi yn Rules, to review his/her officialpersonnel file.

Except for documents of a routine nature, nothing shall be placed in theemployee's file without providing the employee a copy.

Documents of a disciplinaW nature or negative pert ormance reports shall beremoved from the employee's file at the written request of the employee aftera period of two 12)..years, unless the District can show that the original behaviorhas not changed or improved.

e{

subiect to the law in effect reaardina retirement at the time ofrehire.

fall rehired will be

i

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,/ ''''~

1 7.5; ACTING ASSIGNMENTS

!98911B!!if:-Adnan acting assignment is made at !he discretion Qfmanagement to temoorarilv fill a vacancv through an +l:Fe--:ten+pel:aw

appointment Q!...g:D...9.u.p.!Qy9.g.imdnfrom within the District to anotheral:Fot+wclassification for the ouroose of ensuring ooerational continuitv or meetlna critical

roiect deadlines. In an acting assignment. the emolovee assumes anderforms the fullscooe of duties of the hiaher classification oosition.

A The acting assignment is to address with a known vacancy of t+:l+l:fy

11$eee=:tIllEy...(309Qi:g) calendar days or more and qenerallv does notexceed $ix (6) months Unless under exigent circumstances andapproved by the General Manager (or designee).

B The appointed person-emolovee must meet the minimum qualificationsand be capable of perf orming the essential functions of ++n the-higherclassification position without training or additional supervision.

A;C. The District shall compensate employees in acting assignments at4.75% of their current base wade or the nearest next highest steo of theclassification of the higher position. whichever is higher in accordancewith Article 9.5 Acting Positions.

+o-baeldl+.:foi:--supewi: T IVtBI \lln\V.VllnVnH: T

D -The District shall loa in the employee's record the actinclassignment includinci iob title and dates of the actina assianment.

E

F

Altacti aessianm nLi q!:1llgs.D[Q.8DD[Qwal. Requests by the hiring managerare reviewed and subject to aooroval by the Deoartment Head. the ExecutiveDirector. Human Resources and aooroved by the General Manager.

.The District shall have the right to unilaterally terminate an actingassignment without recourse to the grievance al:b++n++on-procedure.

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.The AFSCME President and Business Agent will be notified in writinci ofall acting assignments, duration, emolovee placed in the acting Dosilian

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and anv changes that Hgv:.QQQur prior.tQ the 9nd.of the assignment.

1 7.6 0UT OF CLASS ASSIGNMENTS

An 'out of class" assignment is made at the discretion of management totemp:orarilv apooint an employee to assume work that is above theemployee's current classification. in order to maintain operationalcontinuitv or meeting critical oroiect deadlines. In an out of classassignment. the emolovee will assume a substantial oortion. but not thefull scooe ' of the'hiahel classification work:

A: The out of class assignment is generally in excess of 30 days but nolonger than three (3) months unless under exigent circumstances andaooroved by the General Manager (or designee),

B The higher classification .week. shall bQ.greater than 50% of theemnlovee's current overall scooe of work duties. and shall not exceed amaximum of two (2) salary grade levels from the employee's currentsalary grade.

G The appointee is not reauiredto meet minimum qualifications. but mustbe able to oerf orm required duties of the oosition with minimal to notrainina,

D A compensation adiustment of five percent (5%) based on theemplovee's existing salary shall be provided for individual employeesdeslQQ81Qd by:the E)istdGtlo serve in an out of class assiqDDQ!!t:

E Out of class assignments require pre-aoproval. Out of class assignmentrequests by the hiring manager are reviewed and subject to aooroval bythe Department Head. the Executive Di(ector..Human.Resources andapproved by the General Manager.

E The District shall have the riciht to unilaterallv terminate an out of classassignment without recourse to the grievance arbitration orocedure:

Out of Class Claims

If an emolovee believes that he/she has been assigned out of classwork. the emnlovee mav file an out-of-class claim with the ExecutiveDirector of Human Resources (or designee) within ten (1 0) business davsof discovering he/she mav be working out of class. or within thirty (30)calendar davs after the assignment ends. whichever is later.

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If the out of class claim is found valid. the remedv shall be: Dav theemplovee 5% for the out of class worlflpQrformed and for.the District toexercise discretion to discontinue. Out of class claims are not $ybiQct tothe grievance Process as outlined in :ABiglQBJtle higher classjfiQBtiQDJQrthe work performed.

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Nothing contained in this section mav be grieved

1 7.7 PROJECT PAY

Protect oav mav be authorized at the discretion of management to temporarily assignprojects where such work is typically out$jde pfJhQ3cQPQP(4utjegpfthe employee'sassigned classification soecification. and is related to overseeing oroiects of significantooerational imoact and/or comolexitV and oerformed on a limited-term basis in order tomaintain Operational continuity or meeting critical proiect deadlines.

A. The assignment is generally greater than 30 days in duration and not toxceed Q Q].!) healy I $g duQ.!e xigQElt.Qircumst8DQ $ grid 3ppreved by

the General Manager (or designee).

B. The appointee must be able to I)erf orm the requires duties of the positionwith minimal to no trainin

C. Project Pav is discrotionarv and will be oaid UD to ten percent (10%) of theemployee's base pay dependirlgDQthQ $QQP rldsianifiGancapUha rQiecl

D. Proiect Pav assignments require pre-approval. Requests by the hiringmanacier are reviewed and subiect to aooroval by the Deoartment Head. theExecutive Director. Human Resources and approved by the GeneralManaaer.

E. The District shall have the rjQht to unilateraljv eDd .the projectassignment alonci with associated protect pav without recourse to thegrievance arbitration procedure.

1 7.8 TRAINING }ASSIGNMENTS

-A training position--qq$janpgrlt may be authorized at !he discretion ofmanagement occurs v/hen the vacant\' to leverage a .vacancy for Districtemployee training PL11pQses: .[!ainirla must be an identified component9f]heassignment and a stated goal.

A. When a vacant oosition has been designated as a training oooortunitv. anotice shall be oosted announcing the ooenina for a minimum of ten (lO)business days.

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B A.train:ing assignment does not require that the employee pert orm thefull range of essential functions of the classification. Training must be an

A:C. Applicants are not re(tuired.to meet minimum qualifications. but must beabl% tQierfQrmJh9 basic.rpqujr9Me1lts.of the position in order to beconsidered for the training assignment.

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D.C. There shall be no adjustment in salary for training assianmentsas the emDlovee is expected to be learning on the iob.

The -'training -assignment -shall -not -exceed -six -(6) -months -unlessextended by theUnion. due to exigent circumstances. The District will notifv the AFSCMEPresident and Business Agent- in cases where the District intends toextend a traininaassianment beyond six (6) months.

.The employee shall be evaluated inorder to obtain feedback on progress and training which still may beneeded. In no event will the evaluation be later than l++t30ty-.twentv(O02g) calendar--business days after the effective date of theassignment. The employee shall be re-evaluated approximately two(2) weeks prior to the end of the training period.

E The District shall have the right to unilaterally terminate the trainingperiod at any time for any reason without recourse to thegrievance/arbitration procedure. -.If the training .period has beenterminated. the District will notify the AFSCME President and BusinessAgerlHnAaent in writing.

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1 7.9 CAREER PATHS

The District shall establish and maintain identified Promotional paths and willwork collaborativelv with the Union .pursuant to Article 16.5 ProfessionalDevelopment Committee. Emnlovees are encouraged to acquire and developthe skills necessary in order to take advantage of the Internal oromotional

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1 7.91 0 SPECIAL ASSIGNMENTS

The District has the discretion to create $pQQJBj3$$jQnments that do not fall within asoecific classification which are needed tgDaintain ooerational continuitv or to meetunexpected or emeraencv orclanizassignment of a current emplQVQQ to an unclasstfiedpu

A. Special assignments are assignments which will last a minimum ofthirty..(3Q) wel:l{..-calendar days but shall not exceed six j6Lmonthsunless extended due to exigent circumstances.

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B Tho District shall notify the Union q minimum .ot ten (lO)werldrlgbusiness days prior to the recruitment for the position. Thenotice shall contain the nature of the position, the minimumqualifications, whether the position is covered by this Agreement and theanticipated duration of the assignment.

C The District shall post a notice of the special assignment for ten#lfteenten (:+.O+$1 0) w9fj$!Bgby$!Dg$s..days. Said notice shall state thespecific skills or knowledge needed for the assignment. Employeesshall submit a resume with the application highlighting skills orknowledge needed to pert orm the special assignment which he/shepossesses.

D There shall be no increase in compensation unless exigentcircumstances exist.

E The District shall have the right to unilaterally terminate a specialassignment without recourse to the grievance/arbitration procedures.

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121 of 164

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1 7.1 1 REORGANIZATION

A. The Union recognizes the District's right to reorganize or restructurethe work perf armed by Ut+i+-Union members in a manner that may affectwages, hours, and wol:kif:lg]8fQ£l$!Dg conditions

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B NQ11Qe: The District shall give the Union written notice of its intent toreorganize at least fifteen (15) wol4€+1;gbusiness days prior to theanticipated change. The notice shall outline the proposed changes.Within hfo.-ten- (5].g well(+F:lgbusiness days of the date of notice, theUnion may request a l:e\flew-b)r--l;MC:meeting ai;d--to ooi#erdiscuss withthe }:IR-Bit:eetwExecutive Director of Human Resources (or designee):

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DC Minimum Qualifications: A reorganization cannot result in an employeebeing placed in a higher or diffs::ella covered g..position with differentreoresentation without possessing the minimum qualifications unlessplaced into said position on a training basis pursuant to Article 17.9,Special Assignments, in which case there must be agreement betweenthe parties that the employee shall have obtained the minimumqualification within a stated period of time. This exception shall beapplied uniformly.

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Proposal # 38}fZ


January 19, 2016

ARTICLE 1 8.REDUCTION IN FORCE AND LAYOFFS

This article shall set forth procedures for management employees who are affectedby a reduction-in-force.

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18.1 DEFINITION

Layoff shall be defined as an involuntary termination of employment due tolack of work or lack of funds.

18.2 AUTHORITY

The District shall have the right to make the determination of need for layoff andwhat positions will be eliminated.

1 8.3 NOTICE

The District shall notify the {;li:++on.AFSCME Pre$jdent and Business Agent that itintends to reduce the Unit work force no less than thirty (30) gglgQdgfdays priorto the effective date of layoff of affectedn emQIQyees in the bargaining unit.--U+:M

n+en:leer. The notice shall include the reason for the layoff, the classificationsand positions affected, the names of the employees, the seniority informationassociated with the layoff, and a list of all current vacant budgeted bargainingunit positions.

18.4 NEGOTIATIONS

The District and the Union shall meet to negotiate the effects of the reduction inforce

18.5 NOTICE TO THE EMPLOYEE

The employees affected by the District's decision to eliminate positions shall beinformed in writing at least fH:teen (15) working days in advance of the effectivedate of the layoff. The notice shall also include the reason for the layoff andemployee's rights under this section to exercise bumping rights and alternatives

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to the layoff, if any. Within five (5) working days of receiving a layoff notice, ..the affected employee may request from the District a list of all bumpingopportunities available to the affected employee. The District shall comply withthe request within five (5) working days of said request.

18.6 ORDER OF LAYOFF

In the event of a layoff, temporary employees shall be laid off before permanentemployees within a classMcation. In the event of a layoff,employees in an affected classification will be laid off in inverse order ofDistrict seniority within the classification reduced. In the event of a tie, theemployee with the lowest classification seniority shall be subject to the layoff.

18.7 BUMPING

Represented employees who have received lay-off noticed shall have the right .to bump into a lower or lateral classification within the bargaining unit, if the laidoff employee has served in a classification and has more seniority based on theemployee's date of employment within that classification than incumbent in theclassification, or is qualified to serve in a classification where he/she has servedin a higher classification in a series and has more District seniority than theincumbent. The employee who bumps into a position must have the experienceand qualifications needed to perfomi the duties of that position.

18.8 ALTERNATIVES TO LAYOFF

A. Transfer: Once a reduction in force has been authorized, the Districtshal have the right to transfer aHected employee(s) into any vacanciesexisting in the 4;+l++t-b31tgg!!!!Dg.yJliLat the time of the layoff for which theemployee meets the minimum qualifications. Vacant positions includethose positions filled by temporary employees. Compensation shall be

to the layoff, if any. Within five (5) working days of receiving a layoff notice,the affected employee may request from the District a list of all bumpingopportunities available to the affected employee. The District shall comply withthe request within five (5) working days of said request.

18.6 ORDER OF LAYOFF

In the event of a layoff, temporary employees shall be laid off before permanentemployees within a classMcation. In the event of a layoff.employees in an affected classification will be laid off in inverse order ofDistrict seniority within the classification reduced. In the event of a tie, theemployee with the lowest classification seniority shall be subject to the layoff.

18.7 BUMPING

Represented employees who have received lay-off noticed shall have the rightto bump into a lower or lateral classification within the bargaining unit, if the laidoff employee has served in a classification and has more seniority based on theemployees date of employment within that classification than incumbent in theclassification, or is qualified to serve in a classification where he/she has servedin a higher classification in a series and has more District seniority than theincumbent. The employee who bumps into a position must have the experienceand qualifications needed to perform the duties of that position.

18.8 ALTERNATIVES TO LAYOFF

A Transfer: Once a reduction in force has been authorized, the Districtshall have the right to transfer a#ected employee(s) into any vacanciesexisting in the 4;Fl+i+-bgltgg!!!!Dg.y11it.at the time of the layoff for which theemployee meets the minimum qualifications. Vacant positions includethose positions filled by temporary employees. Compensation shall bepursuant to Article 9, but in no event shall there be a salary increase.

B The first six (6) months shall be a probationary period. If the employee istemlinated during the probationary period, he/she retains all rights inArticles 18.9 Severance. 18.10 Rehire, and 18.1 I Qp !it)yqtipn af.Di$!!jQ!Benefl!$. The employee has no obligation to accept said reassignmentand may elect to take the layoff or use bumping rights. If the employeeaccepts the reassignment. he/she shall remain on the rehire list for thehigher classification from which the employee was laid off. and shallautomatically be reassigned to the classification if it becomes vacantwithin eiahteen (18) months of the reassignment. The employeemust continue to meet the minimum qualifications and remain qualified toperform the duties of the classification, in which case the employeeshall not be required to apply or compete for a vacancy within thefomler classification. Such individuals shall become or remain Union

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members

1 8.9 SEVERANCE

In the event an employee is laid off. in addition to compensation for accrued andunused vacation and accrued compensatol+time in accordance with Article 8Hours of Walk pr)g QyQrtinQ. he/she shall receive severance compensationbased on one-onelWg (42).weekls pay for each full year, or major fractionthereof. of service with the District.

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Service in part-time positions shall be computed on the basis of 2.080 hoursequals I year of service. An employee is entitled to severance pay only in theevent that the employee is placed on the rehire list and remains on the list forthree (3) months. Accepting severance pay will be a final termination ofemployment with the District.

1 8.1 0 REHIRE

The District's obligation to retain an individual in a layoff status will ceaseimmediately upon rejection by the employee of any reemployment offer made bythe District in the classification last served in or one of comparable salary.Rejection by the employee of an offer that is less by 10% or more of theemployee's rate of pay at the time of layoff and of a position for which theemployee is qualified shall not remove the employee from the rehire list.

A. Eligibility for Reemplovment: if the work force is increased in aclassification which was reduced within eighteen (18) months of thereduction, the person(s) laid off from that classification shall be eligible forreemployment to the added or restored positions provided he/she meetsthe minimum qualifications for the position. Individuals shall be offeredreemployment based on inverse order of layoff.

B Notice of Reemplovment: in order to be eligible for reemployment. anindividual must keep the District infomled of his/her current addressand cu rrent telephone number. A Notice of Reemployment will besent by both regular U.S. certified mail-auld-€e+:E+f+ed-+l:FaH with a , returnreceipt requested. to the individual's last known addressr- and a copy tothe U+++onAFSCME President and Business Agent. An individual mustrespond to a Notice of Reemployment withindave of when he--(ht+-of-the notice to return [ocsuto work was mailed andmust return to work from layoff within three (3) weeks of the date of theNotice of Reemployment [ocs21 v/as mailed or lose reemployment eligibility.The date of return can be changed by mutual agreement of the Districtand employee.

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18.1 ICONTINUATION OF DISTRICT BENEFITS

A. District Paid BerlefjtS: The District will continue employer payments forhealth plan. dental, vision, and life insurance, for up to six (6) months foran individual who is.laid off [ocs3]pravided that the employee does notbecome eligible for employer-paid or employer-subsidized health andwelfare coverage through new full-time, regular employmentor retirement.The coverage provided will be at the same level provided immediatelyprior to layoff. It is the responsibility of the individual to notify theDistrict promptly of the individual's entitlement to such coverage pursuantto other employment.emplovee contributions for benefit premiums:

B COBRA: The laid off employee may elect to continue coverage underapplicable District plans for eighteen (1 8) additional months by paying thefull cost of coverage under the applicable enrolled group plan plus a twopercent administrative fee.

1 8.12 LAYOFF STATUS

Individuals on layoff status shall not be considered District employees and shallnot accrue any benefits. vacation, or sick leave while on layoff status, with theexception of employees who accept reassignments to lower classifications as analternative to layoff.

18.13 BENEFITS UPON REEMPLOYMENT

Upon reemployment from layoff status under any of the provisions of this Articleor as a result of obtaining District employment through a competitive recruitmentprocess within eighteen (18) months of the effective date of the layoff, theaffected individual shall regain his/her seniority date, resumption of accrual ofsick leave credits on a pro rata basis for the remainder of that calendar year. andfull restoration of all earned. unused sick leave on the books at time of layoffincluding credits earned, on a pro rata basis, for every month or major fractionthereof worked during the calendar year the layoff occurred, and resumptions ofbenefits with the waiting period set forth in the plans referenced in Article 12Health and Welfa re.

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/


AFSCME Counter March 23, 201Zto District Counter of 3-10-lZ.tqAFSCME Local3916 Proposal to AC Transit

Proposal # 39


ARTICLE 22. BARGAININGUNIT WORK

22.1 BARGAINING UNIT WORK

A. Except as provided herein, glLbargaining Unit work shall be perf ormed.whenever oossible. by permanent AFSCME reoresenleg. employees ofthe District.

B First consideration shall be given to permanent AFSCME representedemployees who are qualified to fill the temporary assignment.Operational needs will be taken into consideration in the final selection.

22.2 USE OF TEMPORARY HIRES

A The District shall not use the services of temporary hires tobargaining Unit work except:

perform

l When a hiring and recruitment are in process to fill a position ona permanent basis. where no qualified AFSCME member isavailable;

2 When a project exists that cannot be perf ormed by permanentemployees due to a workload issue or deadline requirements

3 Because the project requires specific expertise that does notexist within the permanent work force or cannot be developedwithin a reasonable period of time to meet the identified need; or

4 Where other legitimate business needs of the District exist

B. First consideration shall be given to permanent AFSCME representedemployees who are qualified to fill the temporary assignment.Operational needs will be taken into consideration in the final selection.

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C ;t:Fe..--L:MGThe District shall review and monitor +t;e---Dis+i:io+!sit's

perf ormance in reducing the number and length of temporary hireappointments and in reducing the ratio of temporary hires to permanentemployees in positions represented by the Union.

D. In addition to provisions in Article 22.3 below, the Union Presidentmay, at any time, request further discussion and problem solving onissues relating to the use of temporaryhires

preeessbv reciuestinq a meeting witltthe Executive Director of HumanResources to discuss the Union's concerns.

E When Temoorarv Hires are being used to serf orm AFSCME designatedwork. the District will orovide the AFSCME President and BusinessAgent written notification. using the existing Monthly Temp Report, of theolass++ieatiendeoartment the-o+-the- temporary hire is assjqned tQ, detailson the v.f ork tc be acne.d=+.les-and nsoensib+litbs alla d!;nalienthe iobtitle and the start date of the temporary hire.

22.3 PROFESSIONAL SERVICE CONTRACTS

Professional service contracts shall be defined as services acquired throughthe competitive procurement process for an hourly or flat rate for a specifiedlength of timenet taexceed 6 months.

The District may enter into professional service contracts when a projectexists that cannot be perf armed by permanent AFSCME representedemployees due to a workload issue or deadline requirement; because theproject requires specific expertise. that does not readily exist within thepermanent work forced or to fulfill the legitimate business needs of the District.The decision to use a professional service contract shall be at the discretionof the District; hcx /c-.'er. the D:strict.mav neLenter-into pref:essle!:!at so!:bfiG9

When Contractors are utilized to oerf orm AFSCME designated work. the Districtwill orovide the AFSCME President and Business Agent writtennotification. using the existing Monthly Temp Report--al:ld--+t:lc++;ld+l:©crcfcsslonal so lce conti cts, including the elassi+icationdQD8[!DQDtthQo+-+l3ebcontractor +s-.assigned to (if aoolicable): detailse:l-the-worl+qo-be

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;the start date of the contract

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[)istrict Final.UndateCo!!nter of] afterg 3/31/17 discussion

AFSCME Coyntet March 20. 2017 District Counter of 3-14-17 to AFSCME Local3916 Proposal to AC Transit

Counter to Proposal# y40(Updated)


ARTICLE 23.TRANSPORTATION DEPARTMENT

23.1 TRANSPORTATION SUPERVISOR OGG SHIFT DI

The District agrees to pay a shift differential offor Transportation Supervisors working in the Operations Control --Center

}t h e ackncwledaesU n i o nalda c k n o w I e d a es }wo rk --4}aei n th e Operations ControlCenter is an assignment through the bid -rocess. and emolovees are notpermanently assigned to the Ooerations Control F .elrn q L'P

!hose employees whc were-pl:evioudy-appoii+tedJ Assignment to the OperationslfxControl Center shall be made by the District based on qualification criteriadetermined solely by the District Appointment to. and removal from theOperations Control Center is solejLat the Di$t£iQtdj$cretion aDd is not subiect tothe arievalKQ arbitration PrQcedyre.i.9Mploveeuwhasolelvxvol:hl:lOCCwihnet

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The following conditions adifferential for employees

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wel+cor backfill a shift in the Operations Control Center

[] :]-heJj1lg parties agree that Transportation Supervisors assigned dJ:!!ilnbid process-- to wo rk in +tle

Opentlonsthe Operations Control Center shall receive a se\lei:Iter 4.0tel:l-H-seven (7%

differential in addition to their ot:F-t+)ek base pav.

the

n Said premium differential shall be added to the employee's base rate ofpay: so long as the employee signs a regular shift in the OperationsControl Center.

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133 of 164

[] The dtHerential on the base rate ofpay also applies when an employee is in a paid leave status (e.g., \facatiohbgjldgyi:s+ekvacation. sick leave. training,=bldDCS5jIJR6l:).

seven (7%'0.'a

[] Employees who back fi]] for Operations Contro] Center openings sha]]ONLY receive the sevei+-;ten%te8:.{40%);seven (7%) dtHerential for hoursactually worked in the Operations Control Center.

D When a Transportation Supervisor assigned to the Operations ControlCenter works his/her day off on a Road Shift, the dMerential shall not beapplied to that person's pay for that day.

[] if aa :]-Fanspo }Transoortation Suoewisorassianed to the --Operations Control Center:€yEQHj99Lis pulled out of theOperations Control Center to cover a road shift, he/she will receive the

Operations Control Center differential..gill;n!!!;Mgi!!#©l

The Ooerations Control Center will receive eight (8) oarkina Spaces at the GeneralOfHces (G.O:) at no cost to the Operations Control Cente! Supervisors.These parkingspaces will be labeled appropriately and available upon the Operations Control Centergetting uo and running. testing and during the process of becoming being fullyfunctioning. The eight (8) oarkina soaces at the G.O. will be available for the entire timethat OCC is in transition from Division 2 to the G.O.

23.2 }TRANSPORTATION SUPERVISORBIDDING {CcunterSHIFTa a8

A A- dtv and Frequency: Transportation Road TransportationSupervisors af+d--Ponte:e]]ers]IDCS7]IJR8] pen ions. Co11tnt Centergyp9Hi$gfE..shall bid for shifts based on department seniority. Sign-ups shall...bg posted a minimum::::: of fourteen Gm14}

held, Sianups shallbe held every three months:-F+leshftbid }scenducte+ -avenplh.-eelour£4}:mof:+t:n-b.--takelg.!D.S9pl9111bu:December. December. March and June. The District reserves the rightto conduct additional sign-ups to meet the legitimate business needs ofthe District.The results of the bid will be posted by the end of the business dav. thedav the actual bid is administered:Once the bid is posted itwilLnQt take effect for a minimum of fourteen (14)calendar days.Each shift bid will begin on a Sunday for a minimum of fourteen (14)calendar davs following the oosted bid results.

alendar days prior to t

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1 . Vacation Sianup

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a The :Aannual vacation sign-uos will be held during theDepartmental sign-up in the month of Seotember :each vear.The process will consist of the following steps to ensure thatemployees are aware of the process and orooer notification isprovided. One month prior to the September (August lst) sian-up.department emDIQyees will be notified of the upcomin!

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vacation request. thev will be aiven the i(reauest from the Drier vear.

ite with theircation

EB. Order of Sign uo and General Guidelines

l shall be biddable by Dei It senioritv. and :l

bybiddable Classlficat:cn and based on}lVacationg:

-District seniorityJ

more cannot bid on shifts or vacations. When an emolovee.is off for six(6) or more months and they return to work. thev will be assianed to theass list and allowed to bid vacation based on the remaining weeks

available. until the next stan uo.

ees e leon who ;ix (6) consecutive months or

2:-Pass List: Emolovees mav oot by deoartment senioritv to be placedon the pass list instead of sianina a shift: or. when no shift remains. thesupervisor with the least seniority shall be olaced on the pass list.Emplovees on the oass list are assicined on the basis of senioritv toweekly shifts to cover absences (e.a. vacations. sick. industrial iniurv. iurvduty. bereavement etc.) in the event of a conflict with reaard toassignment from the oaks list. senioritv shall orevail.

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3. Choice Slios: Employees who are unable to attend the sign-up$bgjmay submit a written memorandum vja department'sQUilQnt PQhpdyliog $QftWq;re or e-mail listing the shiftshe/she wants to bid. When the employee's turn comes to bid, the

-shall sign theassiansuoervisorthe ---basedsuoervisor ---onbased ----++leon

s+ipchoice sho. Failure to submit a choice slip shall result in theemployee being assigned to his/her old shift tf available. If notavailable, the employee will be assigned to the pass list.:(ggyBld

senior w

4. Forced Shm Bids: A supervisor can be forced to sign a shift when noshift remains open including the pass list in their respects e icb title:

dupe psion or vice\fe::sa. No employee with less seniority can signa shift or be placed on the pass list before the supervisor who isforced onto a shift, unless it is for the purpose of accommodating aDistrict verified disability as defined by the Americans with DisabilitiesAct or to accommodate a verified need under the Family and MedicalLeave Act. {CeLnttertaDistfjclPfopesa!#:! )

C Shift Changes

Be

B9

;.

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The Word "Vacancvl ' is defirlQdto mean a shift vacated throughsickness. industrial i1liurvleayQ of absence. and suspension.dismissal from service. vacation or assignment to anv other line of

duly and/or Bbackfilled by the District.

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fbctivelhe+A B.w R+WA.W9 :e

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.When a vacanc- exists. the District shall have the rjqht to

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h determine if the vacancv will be filled. If the vacancv is to be filled. theDistrict of twc consecutive weeks. Q!.n;e::e stmshall ++-be post theositioned for bid a minimum of 72 hours or more. and the oosition shall

be filled by the supervisor with the highest seniority bidding. After thecompletion of the bid process. the shift shall become effective the firstfollowing Sunday. Should there be nQ.supervisors bidding. it shall bedetailed in inverse order of seniority for the duration of the vacancv. AllVvacancies. must be filled first by the pass list.

:+---Open load shifts shall first be filled from the pass list;=:g!Road Supervisors. If shifts are not filled :from the pass listfor.!bg..Open Operations Control Center shifts e+;aW..will be filled by

Operations Control Center qual ed . inverse seniority ofTransportation Supewisors that are OCC gualified.

a

Thereafter. any open shifts shall be filled as set forth in Articlebelow.; :{9puolp!:Jo Pislri !23.2.D.

42 It is understood that from time to time it may become necessaryto change a supervisor's shift in the TransportationonDgp q ! ! D g D t Ql] a weekly basis to meet a

coverage need. Supervisors may be asked on a voluntary basis tochange shifts or to work days off to meet a stated need. If no

assigned the shift change.

uoervisors volunteeshall be

53. Supervisors may exchange shifts.

Supewlscr and Operation Control Center Supewiscrs on a weeklybasis with prior approval but in no event shall the shift exchangeresult in ove rtime.

64. Overtime that results from the need for additional coverage or tocover absences, shall be distributed on an equitable basis. Alist of supervisors who are available to work overtime shall beestab[ished on a week]y basis ]n both ]cb-c]asslficatiolls-Read

A Supervisor's shift shall not be changed in a manner that isarbitrary or capricious.

5

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D. Overtime for Transportation Supervision

l Except in emergency situations, overtime is strictly optional for

Ce:lte!:Super.'iscrs. Every effort shall be made to ensuret+:latensure -----oveRimet h a t -iso ve rt im e -----d+soel:semi s+i:ld i s D e rs e d --ai n --:fah:a --a+:tdf a it --eat+itab+ea n d e q u ita b lemanner, enabling all who wish to work overtime an opportunity todo so. New Suoervison in training will be allowed overtime if theshift they are working requires it, New SupervisortinJraininacannot sign up for overtime outside of their trajQJDq $1li$:

Supervisorss-an:

2 Categories of Overtime

The following categories of overtime have been identified

(a)

(b)

FLEA overtime forFLS.A overtime fcrHouflv pa '.'working in excess of 40 hours in a workweek

Regular Day Off Overtime Scheduled in Advance

(1) Supervisors wishing to work overtime shall submittheir request for overtime via the District approvedonline scheduling on aweekly basis by8;3Q--a:m8:30 a.m. on the Monday proceeding theweekthe week they wish to work overtime. ht+;eln the event of-aof a failure with the onlinescheduling medu+eoroeess software .

\

Supervisors shall be required to email

Assistant Suoerintendent and Senior Supervisors,within the specified time limit. An email from asupewisor will be accepted in lieu of the requestthrough the District approved online schedulingmodu+esoftware when the scheduling system is notworking. . It is the responsibility of each Supervisorto check the weekly detail post in the onlinescheduling modu+esoftware to see if they areassigned overtime

their Superintendent

work

(2) Supervisors who request weekly overtime will beplaced on a rotational list based upon a combination

6

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seniority and theamount of overtime worked in the last 30 days. ASupervisor will have the option of working at straighttime rates (unless he/she qualifies for overtime inwhich case overtime rates will be paid) on his or herdays off during vacation. To assist in ensuring themost fair distribution of weekly overtime the SeniorSupervisors will keep a tally of the preceding monththat will be postgq, noting overtime worked and when.and using that as a guide when assigning overtimework. The main intent shall be the equitabledistribution of overtime to all who request towork it, subject to the discretion of the SeniorSupervisor.

gallon, department

(3) A Supervisor who is assigned iD::wEllIng.to work weeklyovertime in advance. and who misses the assiq+:lt3ael:d

g.!.g..E-UPr---WH.----+:lotw il I -----ben o t b e eligible torequest and work overtime until the next Supervisionsign-up. Exceptions to this provision includedocumented emergencies. or family/employeeillness. For assignments that deed---toneed ---belaf+l+edbe unfilledbasisemeraencv basisT--#;e,the Senior Supervisor,at his/her discretion. may assign overtime to aSupervisor who is otherwise ineligible due to missedwork. The official status of the Supervisor shallremain "ineligible '' for the remainder of the sign-up.

(c) Emergency Day Off Work

(1) "EmergencVIL--Dav" ---O#Dav --we#O f fs+;aHW.g.!:.K.--.iile+L+deg.b..g..I.L--af:Win c lu d e a nchanges after the weekly detail is published. The

Senior Supervisor willjmmedjatelv refer to thelist developed for day off work. and make an attemptto notify Supervisors who have made themselvesavailable for day off work in that week. The SeniorSupervisor shallimmediatelv call or contact theseSupervisors in rotating seniority order. starting fromthe place left off in the list for Overtime Scheduled inAdvance. Overtime for day off work will only be paidif the Supervisor has worked in excess of 40 hoursduring the work week.

7

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(2) If the Senior Supervisor is unable to reach a Supervisorvia telephone (not text), he/she will wait 10 minutesand then continue down the list until the shift(s)has/have been filled. In addition. the SeniorSupewisor will attach a seniority-order list of thoseSupervisors who have requested to work overtimethat week, to the weekly detail.

(3) Again, the intent is to distribute weekly overtime in afair and equitable manner and to give employees whoare helping out as much notice as possible. Overtimeworked onan emergency basis will countas overtime worked. and the rotation of the list willcontinue.

(4) Pre-Approved andOvertime Include:

Authorized Emergency

[] Accident Investigationand writing the accidentinvestigation/Incidentrepcrtincident report

D Drug Testing

[] No re]ief in cases where no coverage wouldensue

n Any emergency situation (earthquake, fire.etc. )

riot

n Where leaving would result in less than ene@g..(42) person-p9Qpjg.working in the OperationsControl Center: except when only cne per cn is

(d) Holidays

Supewisor is considered to be available to work a holiday if he/sheis not on vacation on that day and it is not their dav ofl

€

8

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2 .(2) of Supervisors interested in working holidays will be developedfrom memes--e-mails submitted by Supervisors requesting to work (or:+:tot-wol+Oa holiday .#.-In the event there is an an insufficient number of volunteers to work theholiday shift assignment. the following procedure will be followed:

a. n inverse seniority order,;gpplQyees who are regularly scheduled to workon the holidav (as one of their weeklv scheduled davs of work) will be

laced on an overall eligibility list of orosoective workers for said hondalbilily:44$f-.Tthe Senior Suoervisor will fill the ooen shiftsa:b '$

ie+-4he-brood!= :emau lieu (ua=181HilEIemDlovee to

.WZ WA.v

e e'=.e:=:

from the eligibility list in inverse senioritv based uoon the emoloveesscheduled work hou rs.111 the event the employee's regular work hours are not available. the$QDior Supervisor will make every effort to assign the emnlovee to a shift

g QIQ$Q.to thejLrequlat. work hours as possible: -Ato allowttm for-anin compliance wlH

the FTA. rJR12JbeforQ their next assigned work dav:

C

(3) The list will rotate by seniority. with the exception ofChristmas and New Years' Day. For these days only,if a Supervisor works one holiday, they willautemetica!!r have the option to be off the otherholiday.

3. Three Classes of Overtime

(a) Minimum Assignment: Supervisors who come in for a"minimum" assignment shall be guaranteed a minimum offour (4) hours at time and one half, with hour-for-hour paythereafter at one and one half times, provided that theyhave worked 40 hours in the workweek.

(b) Regular Dav Off: Regular Day Off assignments shall befactored at the number of hours at time and one half.provided the Supervisor has worked 40 hours in theworkweek.

(c) Holidav: See section l0.3 (Holiday -- Use)

23.3 TRANSPORTATION SUPERVISORS COMMITTEE

The agree to continue the TransportationDeoartment Supervisors Committee which will meet monthly to discuss issuesaffecting the department, +l;dud+l;gincluding but no! imited to; ways to improve

9

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on-time performance. training materials. schedules. classes. mai1ltpi11ina -staffi nand-quality of service to the public, !bg.sign-

UP

p r o c e s s and unifomis. :l:+3e..--Gom+:rti+teel:1le ---wHCommittee --oerls+s+willconsist o+--ang!--eqtlalan eaual number of members not to exceed 4 each andto work tociether collaborativelv to reach mutual acireements. The Committee isadvisory in nature only,

levels mh;

[JR14]

dented:-designB

r

9

23.4 Minimum Staffing Levels

The District strives to maintain the following minimum stafHna levels solelv as aguideline for ooerations safetv: however. minimum stafnnq levels are notmandatow or a..guaranteed. Minimum staffing levels mav vary subject todvnamic Operational chancies and needs and are not opel:F-+o-.opsubiect to thegrievance process

Road Suoervisors

Weekday (am/pm) -- 7 minimumWeekend (am/om) -- 5 minimumGraveyard (daily) = ! Ini u

Operation Control CenteL$y ervbenWeekday (am/pm) -- 4 minimumWeekend (am/pm) -- 3 minimumGraveyard (daily) -- 2minimum

San Francisco Terminal (Fullv OperationalRoad SupervisomWeekdav (am) -- 3 minimumWeekday (pm) - 2 minimumOperation Control Center SupervisorsWeekdav (am/nm) -- 2 minimum

e

J

10

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''\$

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e

23.5 Shift DifferentialAIBead Supervisors and Operations Control Center Suoervisors will receive thefollowin

1 . When fifty percent (50%) or more of an emolovee's shift occursbetween the hours of 4:00 om and midniaht. a MID swine..shift

will be paid for al

will be oaid

hours worked during the shift.

2. Where fifty percent (50%) or more of an emolovee's shift occursbetween jdnjaht and 8;Q0 am. a LATE+ate shift

for all hours worked during the shift

-"t:«... Au e.S.

d 1.- t .-p11

L j

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:./

AFSCME Counter March 20. 2017 to District Counter 3/14/17 to AFSCME Local

3916 Counter Proposal to ACTransits:g(IQgDtgt flan ;?/23

Proposal # 41


The District agrees to conduct a salary survey of alIAFSCME classification soecifications with the

exception oflnformation Technology (IT) classifications which are covered by the 2016-2017 Koff

QQd Associates Classification and Compensation Studv.

An independent consultant or consulting firm Specializing in conducting comoensation studies for

ublic agencies willbe retained to corldyg!!hg $!udv: Both parties understand that the consultantor consulting firm must be comoliantlv secured through the District's contracting orocess.

The outcomes of the survey will be reviewed by the AFSCME President. Business Agent. LaborRelations Manager and Human Resources Director. After review these oarties will make a

subject-:ta:Ehe The General MaJlgggrls..a+# will review andmake a recommendation to the Board of Directors' for review of the recommendation and

discretion to provide direction for implementation. if anv. as determined by the District Board ofDirectors. The compensation studv wlllbe conducted as soon as administrativelv practicable. to

begin no later than eneveal" from ,4FSCMhatlficatlonend Board parc I cf the new

;cnprehen:!\-c .\fSCf.I E conti ct with .qC Tr nslt.January 2018.

Ihe survey agencies will be

e

e

e

e

e

e

VTA

BART

Golden Gate Transit

SamTrans

SFMTA

!AMglrg(differential always added for cost of living)

e City of Oaklande East Bay MUDB Alameda Countve City of Berkeley

144 of 164

Administrative Assistan

e

-ef++ol:-+eg=! Assistant

e

Fninlng-

145 of 164

/

-a& t«".ts4 'al \"''l 's }-@ t t3

146 of 164

District Counter.of.4-7-17

AFSCME (gunter Apri13. 2017 to District Counter of 3-23-17 to AFSCME Local3916 Proposal to AC Transit

Proposal # 42


February 9, 2017

ARTICLE 1 3.RETIREMENT

9

8

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3

1 3.1 RETIREMENT PLAN

A. --The retirement benefits for all eligible AFSCME retirees shall be inaccordance with the AC Transit Retirement Plan and amendments asapproved by the AC Transit Board of Directors. Effective January 1.2007. regular retirement benefits are 2.0% at age 55, 2.1% at age 56.2.2% at age 57, 2.3% at age 58. 2.4% at age 59 and 2.5% at age 60. Thebenefits shallalso be available to terminated vested employees who leaveAC Transit after January 1 , 2007

]ll)e..pali11es..aarea ©gtfollowina the final ruling in State of California. et al.v.U.S. Department9ll:abbr. et al.. (Case Number 13-CV-02069-KJMeither party mav reopen Section 1 3 (Retirement). subiect to normal rulesQt€ollective bargaining. New emplovees. even if hired during the term ofth s contract. mav be subiect tale QDQners for the terms and conditions ofthe Public Employees' PeD$jQQBeform Act (PEPRA). Nothing in thisAq©ement is intended to modifv or compromise the position of anv Dart

atioQtQ the pending litigation referenced above.N

!

+ 3

'!

+

B.e ' B-

B Service as a part-time bus driver for AC Transit shall be credited indetermining retirement credits.

147 of 164

=.

c. Effective January 1. 2007, at age 55. retirement benefits shall bedetermined by the average of the highest three (3) years' salary or last36 months of employment, whichever is highefJ.

D Deferred Compensation: To assist employees to prepare for the costs ofmedical benefits during retirement and in recognition that reciprocity withthe Public Employee Retirement System was not incorporated into the ACTransit Retirement Plan as anticipated in the July 1, 1997. CollectiveBargaining Agreement; effective the first pay period following ratificationand Board adoption 2014. the District shall contribute $46.15 bi-weekly($1 ,200 annually) to the 457/Deferred Compensation account for eachemployee who is in a paid (regular or leave) status for at least 50 percentof the pay period provided the employee has a 457/DeferredCompensation account. The employee is responsible for any applicabletaxes

E The amount of any Occupational Disability Retirement Benefitotherwise payable to any AFSCME employee who becomes entitled to anOccupational Disability Retirement Benefit shall be reduced by theamount of any payment received by such individual through any workers'compensation program, excluding any such payment determined withoutreference to such participant's earnings as an Employee.

=:n.: =L nn n.3 n

F Preretirement Death Benefits: if an employee participant dies prior toretirement. regardless of age at the time of death, no death benefitshall be payable unless the participant: (i) was eligible to receive aretirement benefit on the date of death; or (ii) had at least ten (lO)years of service on the date of death; and.(iii) had an eligible spouse or

a child on the date of death. The preretirement death benefit currentlyprovided for in the adopted Retirement Plan shall be payable to aparticipant's eligible spouse or, if there is no eligible spouse, to a child.

For the purposes of this section. a child shall be defined as an unmarriedchild up to the age of 19. Eligibility shall continue from the age of 19through the age of 24 for a child who is enrolled as a full-time student inan accredited school and is unmarried. A full-time student is one takingat least twelve semester units (or equivalent hours) in a qualified college.university, or vocational school.

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G Effective January 1, 2007, the retirement formula shall be changed toinclude partial year: service for additional full months worked on a pro ratabasis

H Effective January 1, 2007, the retirement plan shall include a "pop-up"option for those employees choosing a survivor benefit. If this option isselected and the survivor chosen by the employee/retiree predeceasesthe retiree, the retiree's benefit level will increase or "pop-up"

1 3.2 RETIREE MEDICAL BENEFITS

V

BA. Effective .}3+wOl:y--4r-2048With the ratification of this agreement tl-heDistrict agrees to provide current and future AFSCME member retireeswith vision care and will pay a maximum $2G.0025020.00 per monthcontribution towards dental coverage for the retiree only. The retireemay purchase deoei;dantdeDendent vision and dental coverage at a rateestablished by the District.

GB Effective July 1, 2001. employees who terminate service with theDistrict after the effective date of this provision, with at least 15 yearsof service and who are at least 50 years old, may elect to remain with theDistrict benefit plan on Direct Pay Status and are entitled to convert toDirect Pay retiree medical benefits at age 55.

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BC. Effectiveith thB

.8

:ification of thisadoption

the Districta reementwill contribute o#e $0:94. $4.;250;94---$1 :410 for all hours worked to theretiree medical trust ond the Dl:tract will malntai{ p rltywltbBlt Ba::eailliln!;Jrlits wit+} a medic=LhJst. The Trustees to:: {tle AFSCME Medical ]fust

!bg:!g!!gb&flBg!shave the right to establish the reimbursement amountfor retirees however.

Retiree Medical Trusttl:ta+Kto pay appraamatelF80% of the single Kaiser medical premium..b

or app roximgtelv $6Q4691current 3+:ld-+t+tl;lFebretirees between 55 and 64.

After age 65, the reimbursement wouldsingle Kaiser SenioraDDroximatelv $282335. ep eooroximetelv-$282 -T-+;a =n+mbursement

iJB'late

drecommended to latheparties

effect on Jul l 20081 iTH RBJaTal S

'or

10%beAdvantage 3

of theor

:e 'e

:e- Kaiser'e '

'e

!

The District will set uo a subcommittee comprised of District representatives includin!&DifiCt6f 6f Humid Resources. Finance Management.

. bild iith61; subject matter experts on the medical trust asiifiih itjlV 1 1 20;1 7 t6 evaluate arld4evelep.plQpesals..!Q

iiiii] fe compiiii=ii6 Hsiii i;iit56hsibilityl transparency..and accountability.il:westiaateH le. e

B.eli 'e

Diitfi6t-:ThiC6Miittid Gill follow uo with a formal reoort to the District's Board ofndinas and aDirectors and necessa parties on

recommendations on moving forwi 'A ' a :as soon aseBadministrative .siDle e

!t+ !

The medical contribution rate for retirees and spouses with MedicareParts A & B are as follows:

Employee:Employee and spouse:

$40404354e$8080 13805

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gD. The District agrees to add hearing aids to Retiree medical coverage.

13.3 RETIREE LIFE INSURANCE

The District agrees to provide retiree life insurance in the amount of $25,000 perretiree .

13.4 RETIREE PLAN - NEW EMPLOYEES:

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9 9 9

9

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TATina AcreeApril 7, 2017

TAG rant Lee

April 7, 2017

151 of 164

District Proposals (Mark Up)

Dl: Section 11.3: Bereavement Leave

D2: Section 23.02: Overtime for Transportation Supervision

D3: Section 7.3: Steps in Progressive Discipline

D4: Section 15.3: Replacement of Damaged Personalltems

D6: Refer to AFSCME Proposal #8

D14: Section ]]..I.E: Use of Vacation Credits

D19: Section(NEW): Attendance

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AC Transit Proposal #lDecember 15, 2016

Section 11.3 (D): Bereavement Leave

If an employee requires more than five days absence, he/she may request personal leaveExtensions of leave may be granted at the discretion of the Superintendent or DepartmentManager. Such extensions shall be charged against ncn,[l=d-;eenTpeftsato{ r-----'-t-..--nvacation, sick leave, or management leave in that order.

-Ta -l) v= 1'zzlt(-

153 of 164

AC Transit Proposal #2December 15, 2016

Section 23.02 (D): Overtime for Transportation Supervision

u. h.'- l\ I,.

.d«\~"

154 of 164

AFSCME Local 3916 and AC Transit Negotiations 2016

AC Transit Proposal #3Februa 23. 20].7 AFSCME Counter

Section 7.3 (D): Steps in Progressive Discipline

Skelly Conference: Within five (5) working days of receipt of the notice of an adverse action, anUnion Steward or employee may make a written request a Skelly Conference with his/hersupervisor or designee or provide a Skelly response in writing in lieu of a hearing. :Ft:te-nquest-w

If a Conference is requested, it must be +:lead-scheduled within five

!en.(s]9) working days of the receipt of the request.however the scheduled date is not recluiredto be within the ten (].O} working dav period. Time limits mav be waived if:wl+en. an extension is

mutually:agreed to in writing.

..X,,>o T~-...t,w e,L.aOA

e- blt ?--

'A+'f {..L 6a«-'#; v'&'

155 of 164

AES£h4E local..3916 and AC Transit Negotiations 2016

AC Transit Proposal #4February 23. 2017 - AFSCME Counter

Section +S.Ol$=3 {D): Replacement of Damaged Personal Items

$

9

rile..IQsfQfjgDtgupjoygQjfprQpertv resulting from a holdup. robbery. accident, violence or riotwhich OQgurtwhile the employee is on duty. shallbe reimbursed by the District. Suchreimbur$qpQll! shallbQ paid upon submission of replacement receipt. laundry or drwcleaninRexoense receipt. "PropgRyjl 5bglLmeqn.i WlatioD watch (Do! to exceed $250.00 in value),prescription evexlasses. and/or regulation uniform at the District's cost. Anv other eauiomentbilledbv the District in the performance of the emplovee's duties shallbe replaced.

G= A«"--Blab\ \ ,-l«.''s it

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AFSCME Loca13916 and AC Transit Negotiations 2016

AC Transit Proposal #S6Deceit:lbe;:-22,-29:€ -- febru a rv 23. 2017 AFSCM E Co unter

BefulaAESCME QropQsgL# &.fnmJ2/]5/!Z

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3

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ee

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f'x

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157 of 164

AESfME Local 3916 and4CjransjlBegotjations 2016

AC Transit Proposal #14Februa 23. 20].7 - AFSCME Counter

Section ll.I.E.Use of Vacation Credits

2. H=!f da '/ or d y t 3 t:mc Use of vacation credits may be granted in hourly increments at the

discretion of the Department Manager. Employees requesting half d=y cr doy { time use of

vacation credits should submit the request to their immediate supervisor at least 72 hours in

advance. It is the responsibility of the employee to IEg!!QW.yp.and make certain the request hasbeen approved or denied.

$.o"-t-L

'z \ z.,.bW''x

6.c-«-€- G '-.'-....

--/ 231 c;.

158 of 164

AFSCME Local 3916 pnd4Cllp $it Negotiations 2016 - Revised 3-10-17

AC Transit Proposal #ZO]9

January 20, 2017

Section (NEW): Attendance

bb

159 of 164

Refer to Board Policv 232 for the attendance policv

n& A«,u3, x0-4''1

Ot Lo tt'}

160 of 164

Memorandum of Understanding

Memorandum of Understanding: Apri17th, 2017

Memorandum of Understanding: April 17th, 2017

Memorandum of Understanding: March 30th, 2017

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L MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is made this 7th day of April, 2017, between AC Transitand AFSCME, Local 3916.

l The parties agree that the AC Transit Board of Directors has determined that full thee

AFSCME employees are scheduled to work a 37.5-hour work week with the exception ofTransportation Supervisors, Trainers, and employees working an alternt\te work schedulewho work a 40-hour work week with a 30 minute paid lunch daily.

2. The parties agree that the District's cunent payroll processing system accrues all leaves in 8hour increments.

3 The District will update the existing payroll system to accurately recognize a 7.5-hourworkday with an anticipated completion date the fourth quarter 2018.

4. The parties acknowledge that once the system has been updated, all accruals (i.e. vacationdays, holidays, sick days, and a]] leaves) will be corrected to reflect the accurate number ofwork hours and paid leave accruals for each individual employee.

5 The parties agree they will jointly develop and deliver an educational rollout for allemployees affected by the accurate reflection of tile 37.5-hour work week.

FOR THE DISTRICT FOR THE UNION,,'' \ A A A- ,

Michael Hurst, G€iiiral Manager Shellie Beck, PresidentAFSCME Local 3916

Page I ot I

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MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is made this 1 7'h day of April, 201 7, between AC Transitand AFSCME, Local 3916.

l Tile parties agree that tile District will provide basic identity theft protection through a thirdparty vendor as a benefit to all AFSCME represented employees through June 30, 2020.

2 The basic identity theft protection will include at minimum

i. Single Bureau Monitoringii. Social Security Number Monitoring

iii. Intemet Black Market Surveillanceiv. High-Risk Application & Transaction Monitoring

3. Identity then protection services will be procured compliantly through the District'scontracting process as soon as administratively practicable following approval of thisagreement.

FOR TI IE DISTRICT FOR TFIE UNION

Michael Hursh, General Manager Shellie Beck, PresidentAFSCME Local 39] 6

Page I of I

163 of 164

i. MEjyORANDUM OF UNDERSTANDING

This Letter of Understanding is made this 30'i ' day of March, 201 7, beth een AC Transit andA[;SC]WE, Local 39] 6.

l During the negotiations AFSCME collective bargaining agreement, the parties agreed to pilotan increased dollar value of the current AFSCME Tiered Medical Opt Out or Opt DownProgram.

2 The existing dollar values for the Opt Out Opt Down Program use the following formula todetermine tile monthly amount due to eligible participating employees:

Medical:

Single to zero - $100Double to zero - $200Family to zero - S300

3. The pilot dollar values for the Opt Out Opt Down Program will be offered to coincide withthe District's 201 7 open enrollment period and will remain in effect for one year.

4 The pilot dollar increases for the Opt Out Opt Down Program will use the following formulato determine the monthly amount due to eligible participating employees:

C Medical:

Single to zero - $200Double to zero - $400

Family to zero - $600

5 The District and AFSCME will review the participation rate of the increased value Opt Outor Opt Down Program prion ' to the 201 8 open enrollment period. The District will determinewllether it is feasible to continue offering the increased dollar values for an additional year.

6. The parties agree that if the District chooses to discontinue the program, the Opt Out.or OptDown amounts will revert back to the existing amounts detailed in No. 2 above in this

agreement and in the current CBA.

FOR TILE DISTRICT FOR TILE UNION

$ii;li;;;iilbrsh, General Manager Shellie Beck, PresidentAFSCME Local 3916

3 - so- \ I

Page I of I

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