Common use of Bus Operation Clause in Contracts

Bus Operation. It is the business of METRO to provide public transportation and METRO needs to do so in the context of the federal and state laws. Having a stable work force is in the interest of the Union and METRO. It is understood and agreed that only Operators covered by this Agreement will operate METRO equipment consisting of buses, rail vehicles, or vans in fixed route revenue service, except where Federal or State laws, or regulations as published in the Federal Register, or court orders specifically mandate otherwise. The exceptions to this provision shall be those provided for in Article 9.03 of the Labor Agreement, or in the case of a state or federally declared emergency requiring the use of METRO services and there are no Operators available to respond to the emergency. In the case of this exception no Supervisors shall drive if there are sufficient Operators available to respond to the emergency. In the case of a state or federally declared emergency, a Supervisor may be permitted to drive a bus only after permission is obtained by the following process: 1. The Chair of the Committee of Adjustment (C of A) must be notified and briefed on the situation. If they cannot be reached, the Senior Vice-Chair should be contacted. If both are unavailable, then any available Committee of Adjustment officer must be notified. 2. Upon notification by METRO, the Chair or designee will call the other C of A officers and seek approval as soon as possible. 3. The C of A Chair or designee will expeditiously contact METRO with a decision. The Chair or designee will confirm or deny authorization for the Supervisor to drive. No METRO Bus Operator shall have the Operator’s employment terminated or the Operator’s regular hours of service reduced or conditions of employment adversely affected by METRO as a result of its contracting with common carriers, privatizing or competitive bidding for Operator labor of METRO equipment in fixed route service or subscription service. All revenue equipment of any type operated by METRO shall be staffed by Operators covered by this Agreement, except that mechanics or supervisory personnel of METRO may make exchanges of revenue equipment if no Extra Board Operator is available to make the exchange. METRO acknowledges that bus exchanges are a part of an Extra Board Operator’s usual work and exceptions to this practice shall be for unusual and exceptional circumstances. The provisions of this section shall not prohibit mechanics, vehicle service workers, or supervisory personnel from operating revenue equipment not in revenue service in cases of emergency or on test trips or for the purpose of training, repairing, servicing, fueling, or washing when these trips do not involve transferring equipment between garages, Transit Centers, or Operations Bases. In cases of emergency, or where an Operator is not readily available at operations Bases, mechanics or supervisory personnel may transfer revenue equipment between garages, Transit Centers, and Operations Bases. In the event Federal or State laws, regulations as published in the Federal Register, or court orders mandate that METRO submit for competitive bid, or for privatizing, or common carrier contracting of fixed route service, METRO shall submit a bid for any and all services which are identified by Federal or State laws, regulations as published in the Federal Register, or court orders as requiring competitive bidding, privatizing or common carrier contracting for Operator labor of METRO equipment. METRO shall meet with the Union to formulate plans to meet the requirements of a successful competitive bid. The Union and METRO shall bargain on Operator rates of pay and benefits for an Operator hired for new service for each new bid in an attempt to meet the requirements of a successful bid. Taxi-type service, Para-transit type service and subscription service shall specifically be excluded from the provision of this section requiring that METRO may only submit this service for competitive bid, privatizing or contracting out when mandated by Federal or State laws, regulations as published in the Federal Register, or court orders; and therefore METRO may contract these services without the Federal or State mandate. However, if METRO does wish to contract subscription service, METRO shall submit a bid for any and all services. METRO will meet with the Union to formulate plans to meet the requirements of a successful bid. The Union and METRO will bargain on Operator rates of pay and benefits for an Operator hired for new service for each new bid in an attempt to meet the requirements of a successful bid. Nothing in this section shall require METRO to offer to purchase or to purchase an existing transportation system. METRO taxi-type equipment or Para-transit equipment operated by contractors shall not be used in fixed route service. The use of METRO equipment operated by a common carrier under contract to METRO shall not result in the replacement of fixed route service of METRO with dial-a-ride or demand response service for the general public. The term taxi service and Para-transit shall apply to service to the disabled in accordance with the provisions of the American Disabilities Act. Subscription service is defined as transportation services on a recurring basis provided by contract with employers for employee commute purposes. The term common carrier contracting is defined as METRO participation in providing transportation services performed by a private common carrier under contract.

Bus Operation. It is the business of METRO to provide public transportation and METRO needs to do so in the context of the federal and state laws. Having a stable work force is in the interest of the Union and METRO. It is understood and agreed that only Operators covered by this Agreement will operate METRO equipment consisting of buses, rail vehicles, or vans in fixed route revenue service, except where Federal or State laws, or regulations as published in the Federal Register, or court orders specifically mandate otherwise. The exceptions to this provision shall be those provided for in Article 9.03 of the Labor Agreement, or in the case of a state or federally declared emergency requiring the use of METRO services and there are no Operators available to respond to the emergency. In the case of this exception no Supervisors shall drive if there are sufficient Operators available to respond to the emergency. In the case of a state or federally declared emergency, a Supervisor may be permitted to drive a bus only after permission is obtained by the following process: 1. The Chair of the Committee of Adjustment (C of A) must be notified and briefed on the situation. If they cannot be reached, the Senior Vice-Chair should be contacted. If both are unavailable, then any available Committee of Adjustment officer must be notified. 2. Upon notification by METRO, the Chair or designee will call the other C of A officers and seek approval as soon as possible. 3. The C of A Chair or designee will expeditiously contact METRO with a decision. The Chair or designee will confirm or deny authorization for the Supervisor to drive. No METRO Bus Operator shall have the Operator’s employment terminated or the Operator’s regular hours of service reduced or conditions of employment adversely affected by METRO as a result of its contracting with common carriers, privatizing or competitive bidding for Operator labor of METRO equipment in fixed route service or subscription service. If new technologies, such as automated vehicles and micro- transit vehicles, operating as part of METRO’s service is considered for implementation, METRO agrees to meet and bargain with SMART over that implementation and the effect of that implementation. All revenue equipment of any type operated by METRO shall be staffed by Operators covered by this Agreement, except that mechanics or supervisory personnel of METRO may make exchanges of revenue equipment if no Extra Board Operator is available to make the exchange. METRO acknowledges that bus exchanges are a part of an Extra Board Operator’s usual work and exceptions to this practice shall be for unusual and exceptional circumstances. The provisions of this section shall not prohibit mechanics, vehicle service workers, or supervisory personnel from operating revenue equipment not in revenue service in cases of emergency or on test trips or for the purpose of training, repairing, servicing, fueling, or washing when these trips do not involve transferring equipment between garages, Transit Centers, or Operations Bases. In cases of emergency, or where an Operator is not readily available at operations Bases, mechanics or supervisory personnel may transfer revenue equipment between garages, Transit Centers, and Operations Bases. In the event Federal or State laws, regulations as published in the Federal Register, or court orders mandate that METRO submit for competitive bid, or for privatizing, or common carrier contracting of fixed route service, METRO shall submit a bid for any and all services which are identified by Federal or State laws, regulations as published in the Federal Register, or court orders as requiring competitive bidding, privatizing or common carrier contracting for Operator labor of METRO equipment. METRO shall meet with the Union to formulate plans to meet the requirements of a successful competitive bid. The Union and METRO shall bargain on Operator rates of pay and benefits for an Operator hired for new service for each new bid in an attempt to meet the requirements of a successful bid. Taxi-type service, Para-transit type service and subscription service shall specifically be excluded from the provision of this section requiring that METRO may only submit this service for competitive bid, privatizing or contracting out when mandated by Federal or State laws, regulations as published in the Federal Register, or court orders; and therefore METRO may contract these services without the Federal or State mandate. However, if METRO does wish to contract subscription service, METRO shall submit a bid for any and all services. METRO will meet with the Union to formulate plans to meet the requirements of a successful bid. The Union and METRO will bargain on Operator rates of pay and benefits for an Operator hired for new service for each new bid in an attempt to meet the requirements of a successful bid. Nothing in this section shall require METRO to offer to purchase or to purchase an existing transportation system. METRO taxi-type equipment or Para-transit equipment operated by contractors shall not be used in fixed route service. The use of METRO equipment operated by a common carrier under contract to METRO shall not result in the replacement of fixed route service of METRO with dial-a-ride or demand response service for the general public. The term taxi service and Para-transit shall apply to service to the disabled in accordance with the provisions of the American Disabilities Act. Subscription service is defined as transportation services on a recurring basis provided by contract with employers for employee commute purposes. The term common carrier contracting is defined as METRO participation in providing transportation services performed by a private common carrier under contract.