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AGREEMENT Between VACAVILLE SANITARY SERVICE and TEAMSTERS and CHAUFFEURS UNION NO.315

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AGREEMENT Between VACAVILLE SANITARY SERVICE and TEAMSTERS and CHAUFFEURS UNION NO.315 AGREEMENT Between VACAVILLE SANITARY SERVICE And TEAMSTERS AND CHAUFFEURS UNION NO.315 Dated: October 1, 2008 to September 30, 2012 TABLE OF CONTENTS SECTION 1. RECOGNITION 1 SECTION 2. UNION SECURITY 1 SECTION 3. HIRING 1 SECTION 4. UNION PRINCIPLES – DISCRIMINATION 2 SECTION 5. EMPLOYER RESPONSIBILITIES 2 SECTION 6. HOURS OF WORK 2 SECTION 7. HOLIDAY WORK 3 SECTION 8. PAID HOLIDAYS 3 SECTION 9. VACATION 3 SECTION 10. SICK LEAVE 5 SECTION 11. JURY DUTY PAY 6 SECTION 12. BEREAVEMENT LEAVE 6 SECTION 13. UNIFORMS 6 SECTION 14. SENIORITY 6 SECTION 15. PAY DAY 8 SECTION 16. DISCHARGE/DISCIPLINE 8 SECTION 17. GRIEVANCE AND ARBITRATION PROCEDURE 9 SECTION 18. HEALTH AND WELFARE 11 SECTION 19. NO REDUCTION 11 SECTION 20. MEAL PERIODS 11 SECTION 21. TIME CARDS 11 SECTION 22. VISITS BY UNION REPRESENTATIVES 12 SECTION 23. REMITTANCE ADVICE 12 SECTION 24. OPERATOR'S LICENSE 12 SECTION 25. WAGES 12 SECTION 26. STRIKES OR LOCKOUTS 13 SECTION 27. SUCCESSOR CLAUSE 13 SECTION 28. PENSION PLAN 13 SECTION 29. SAVINGS CLAUSE 14 SECTION 30. DUES DEDUCTION/D.R.I.V.E 14 SECTION 31. TERM OF AGREEMENT 15 - 1 - AGREEMENT THIS AGREEMENT made and entered into and between VACAVILLE SANITARY SERVICE, Vacaville, California, hereinafter referred to as the Employer and TEAMSTERS AND CHAUFFEURS UNION LOCAL NO 315, Napa and Solano Counties, California, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, hereinafter referred to as the Union. SECTION 1 – RECOGNITION: The Employer recognizes the Union through its representative as the sole agent for the purpose of collective bargaining for all employees working under the terms of this Agreement as contained in Section 25. SECTION 2 – UNION SECURITY: (A) Only members in good standing in the Union shall be retained in employment. For the purpose of this Section, "members in good standing" shall be defined to mean employee members in the Union who tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership. Nonmembers of the Union hired by the Employer must complete membership affiliation on or before the thirty-first (31st) day of employment, and the Union agrees to accept said nonmembers into membership on the same terms and conditions generally applicable to other members. Upon written notice from the Union of failure on the part of any individual to complete membership in the Union as above required, or of failure to continue payment of dues to the Union, the Employer shall, within seven (7) days of such notice, discharge said employees. The Union agrees to indemnify the Employer for any and all costs incurred by the Employer if the employee files any claim relating to this discharge. This indemnity shall not apply if the Employer fails to forward to the Union, on a timely basis, dues or fees withheld from the employees. If the Union requests that dues and initiation fees due to the Union be "checked off" and deducted on a payroll basis, the Union shall provide, to the Employer, proper revokable authorization cards. It is also necessary that the Union advise the Employer of the current initiation fee schedule and dues schedule. (B) The Employer agrees to make deductions from employee's paycheck for the payment of regularly charged union dues provided the Union supplies the Employer with a properly executed dues authorization deduction form which is in conformance with State law and revokable by the employee. SECTION 3 – HIRING: (A) The Employer will contact the Union for referrals when additional employees are needed; provided that the Employer reserves the right to hire in its sole discretion and such decision shall not be subject to the grievance/arbitration provisions of the collective bargaining agreement. - 2 - (B) The Employer agrees to inform the Union of new hires within five (5) days after a new hire has been put to work, providing the Union with the employee's name, classification, rate of pay, and date of hire. (C) The Employer agrees to provide the Union a list of the employees covered by this Agreement upon execution thereof, and subsequently upon request in writing, but not more frequently than semi-annually. SECTION 4 – UNION PRINCIPLES – DISCRIMINATION: The Employer and the Union agree that neither shall discriminate against any employee or applicant by reason of legitimate Union activity or membership or nonmembership in the Union. The parties further agree that there shall be no discrimination against any employee or applicant because of race, color or religious creed. No employee shall be discharged or discriminated against for legal activity in or representing the Union. SECTION 5 – EMPLOYER RESPONSIBILITIES: (A) Except as expressly limited by the specific terms herein contained, nothing in this Agreement shall be construed to limit or impair the right of the Employer to manage its business generally. The parties signatory hereto understand and agree that the Employer hereby reserves to itself for its exclusive discretion and judgment the following prerogatives which are listed by way of example, but are not necessarily limited to such matters as: determination of the equipment, methods, or procedures to be employed; schedules of work size and/or composition of the work force, and functions or services to be provided. The Employer further reserves the sole right to transfer or sell its business, in whole or in part; to maintain order and efficiency with respect to the work force; and to hire, transfer, layoff, assign work, promote, discipline or discharge employees for proper cause. The Employer shall be the exclusive judge with respect to the qualifications, merit and abilities of employees, and shall determine and establish such rules or regulations it deems necessary for the conduct of its operations and affairs. SECTION 6 – HOURS OF WORK: The normal work week shall consist of forty (40) hours. All time worked in excess of eight (8) hours in anyone day or forty (40) hours in anyone week shall be considered as overtime and shall be compensated for at time-and-one-half (1-1/2) the employee's regular hourly rate of pay. Two (2) times the hourly rate shall be paid for all work performed over twelve (12) hours in a day. Employees may be scheduled to work four (4) days of ten (10) hours duration at straight time. All regular full-time employees will be guaranteed forty (40) hours of work per week. - 3 - For any day an employee fails to report through his/her own fault, the weekly guarantee shall not apply. SECTION 7 – HOLIDAY WORK: Employees required to work on any holidays listed in Section 8 shall receive time- and-one-half in, addition to their holiday pay and shall be guaranteed a minimum of eight (8) hours work. SECTION 8 – PAID HOLIDAYS: Employees shall be entitled to holiday pay for the following holidays: NEW YEARS DAY VETERAN'S DAY PRESIDENTS DAY LABOR DAY MEMORIAL DAY THANKSGIVING DAY FOURTH OF JULY CHRISTMAS DAY EMPLOYEE'S BIRTHDAY (2) FLOATING HOLIDAYS (A) Employees will be allowed to work on Thanksgiving Day rather than the following Saturday. (B) In order to be eligible for holiday pay, the employee must be available for work the day before and day after the holiday or have a written "doctor's excuse" to verify illness on either of those days. In order to be eligible for holiday pay, the employee must have been on the Employer's payroll for a thirty (30) day period. (C) If an employee is scheduled to work a four (4) day, ten (10) hour a day work week and is scheduled to work on a holiday, as listed above, and does not work that holiday, the employee shall receive ten (10) hours of holiday not worked pay, not eight (8). If a holiday falls outside the employee's scheduled work week, he shall receive eight (8) hours of holiday pay. SECTION 9 – VACATION: (A) A year for the purpose of determining employee's vacation eligibility shall begin with the anniversary date of employment with Employer in any capacity. (B) All employees who have been continuously employed by Employer for at least one (1) full year shall be entitled to one (1) week's vacation with full pay. Employees employed for two (2) or more years shall receive two (2) weeks' vacation with full pay. Employees employed for five (5) or more years shall receive three (3) weeks' vacation with full pay. Employees employed for ten (10) or more years shall receive four (4) weeks' vacation with full pay. Employees employed for fifteen (15) or more years shall receive five (5) weeks' vacation with full pay. - 4 - (C) No employee shall suffer loss of seniority for vacation accrual because of absence due to injury, sickness or temporary layoff during a one-year period, providing absence does not exceed sixty (60) calendar days. Vacation time shall be prorated after one (1) year of employment. In the event of severance during a year prior to the anniversary date of a higher vacation increment, vacation accrual during that year shall be on the basis of the increased or higher increment. All accrued vacation pay is to be paid to the employee at the time of completion of the last shift prior to the commencement of his/her vacation. (D) Vacation periods are not to be arbitrarily assigned to employees during the months of November through February unless mutually agreed upon. Based on seniority, vacation periods shall be assigned during the months of March through October. (E) Whenever possible, and when mutually agreed upon, an employee may stagger or spread his/her vacation period through the year. Employees may take up to one (1) week of accrued vacation in full day increments under the following conditions: One (1) week of vacation is comprised of five (5) daily increments.
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