Exhibit 99.3
Transit Mixed Concrete Company
APRIL 2, 1994 - APRIL 1, 1997 AGREEMENT
between
EMPLOYERS IN THE ROCK PRODUCTS AND READY MIXED CONCRETE
INDUSTRIES OF SOUTHERN CALIFORNIA
Signatory hereto as separate parties
hereinafter referred to as "the EMPLOYER"
and
TEAMSTERS LOCAL UNIONS 420, 495, 692 and 986C
of the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
hereinafter referred to as the
"UNION"
or as the "applicable LOCAL UNION"
ARTICLE I
RECOGNITION - UNION SHOP
Section l. Recognition of the Union:
The Employer recognizes the Union as the exclusive representative
for the purpose of collective bargaining in respect to rates of
pay, wages, hours of employment, or other conditions of
employment for all employees in the bargaining unit, consisting
of those classifications set forth in Article IV, Section l. and
excluding all employees, technical and professional employees,
guards, watchmen and supervisors as defined in the National Labor
Relations Act as amended. As used in this Agreement, the term
"employee" refers only to the employees in the bargaining unit
unless the context clearly requires a broader interpretation.
Section 2. Union Membership:
As a condition of continued employment, all employees covered by
this Agreement shall, on the thirty-first (31st) day after
employment, or thirty-one (31) days after the effective date of
this Article, whichever is later, become and remain members of
the Union in good standing.
Section 3. Checkoff of Supplemental Dues:
The Employer shall deduct from the paycheck due each pay day
supplemental dues in the amount of three cents ($.03) per hour
for each hour worked or paid for each employee who is actively
employed in the bargaining unit at the end of the pay period
covered by such paycheck and who has given the Employer a
voluntarily written assignment of authorization hereafter
executed by him on an agreed form. Such authorization shall be
irrevocable for a period of one (1) year from the date the Local
Union chooses to implement such supplemental dues (as set forth
in the following paragraph) and shall renew automatically from
year to year thereafter unless the employee, by written notice
served upon the Employer and the appropriate Local Union at least
sixty (60) days and not more than seventy-five (75) days before
the periodic renewal date of this authorization, revokes such
authorization.
Such supplemental dues shall be implemented at the option of the
Local Union signatory hereto. Local Unions intending to
implement such supplemental dues shall provide the Employer with
sixty (60) days' written notice in advance of such
implementation, but in no event shall such be implemented prior
to November l, 1977.
Amounts deducted from individual employee's paychecks will be
transmitted by the Employer to the Union no later than the
twentieth (20th) day of the month next following the month in
which such dues were deducted, together with a list of the names
of the employees for whom deductions were made. The Employer
shall have no responsibility for the application of the amounts
transmitted. The Union(s) shall indemnify and hold the Employer
harmless against any and all forms of liability, including costs
and expenses that arise out of or by any reason of any action
taken by the Employer in accordance with this Section.
Section 4. Terminations:
The Employer will terminate the employment of any employee
covered by this Agreement upon written demand of the Union in
the event that such employee shall fail to comply with Section 2.
of this Article; provided that membership in the Union was
available to the employee on the same terms and conditions
generally applicable to other members, and that membership was
not denied or terminated for reasons other than the failure of
the employee to tender the periodic dues and the initiation fees
uniformly required as a condition of acquiring and retaining
membership. Such employee shall not be re-employed by the
Employer until the employee has paid or tendered to the Union any
such initiation fee, reinstatement fees or dues accrued to date
of termination.
The Union will advise the Employer by telephone and confirm in
writing that the employee has tendered the required fees or dues
and is entitled to reinstatement to employment. Such
reinstatement must be accomplished within two (2) calendar weeks
for the time the employee was removed from the job; otherwise the
employee will not be entitled to reinstatement to employment.
Section 5. Notice of New Hires and Terminations:
Within fifteen (15) working days after the hire of any new
employee, the Employer shall notify the appropriate Local Union
in writing of the newly hired employee's name and address, their
date of hire, their location of employment, their job
classification and rate of pay and their known Union affiliation,
if any. The appropriate Local Union having jurisdiction shall be
notified in writing of all terminations.
Whenever an employee is transferred from the jurisdiction of one
Local Union to another for a period of time expected to last
thirty (30) days or more (permanent transfer), the Employer will
promptly notify the Local Union which has jurisdiction in the
area to which he is being transferred. On a temporary transfer,
expected to last less than thirty (30) days, no notice need be
given, and such employee shall be bound by the terms and
conditions of the Agreement which is in effect at his base plant
or yard. If the time is extended on a temporary transfer, at the
end of thirty (30) days the Employer will notify the appropriate
Local Union, and such employee shall be treated as a permanent
transfer. The Local Union shall promptly acknowledge each such
notice by signed receipt.
The Employer agrees to advise the Union of its requirements in
respect to new employees to be hired within the bargaining unit
and will give the Union equal opportunity to furnish applicants.
The Employer shall choose between any nominees of the Union and
any other applicants based upon their respective qualifications.
It is expressly understood, however, that the Employer shall be
the sole judge as to the competency of all applicants and may
reject any job applicant referred by the Union.
Section 6. Dual Employment:
Employer agrees not to employ, nor continue in his employ,
individuals who are regularly employed by any other employer,
except vacation relief and emergencies.
Section 7. Equal Opportunity Employment:
The Employer and the Union recognize that they are required by
law not to discriminate against any person with regard to
employment or Union membership because of his race, religion,
color, sex, age, national origin, or ancestry, handicap or Viet
Nam era veteran status and hereby declare their acceptance and
support of such laws. This shall apply to hiring, placement,
upgrading, transfer or demotion, recruitment, advertising, or
solicitation for employment, training during employment, rates of
pay or other forms of compensation, selection for training,
including apprenticeship, layoff or termination, application for
and admission to Union membership.
Section 8. Gender and Number:
In this Agreement one gender shall be deemed to include the other
gender or the neuter gender and the singular number includes the
plural unless the context clearly indicates otherwise.
Section 9. Labor-Management Cooperation:
The parties hereby agree to monthly meetings (with participation
on an industry wide basis) to discuss problems in the industry
and methods to obtain work for union signatory companies.
ARTICLE II
WORK STOPPAGES
Section l. Strikes - Lockouts:
For the period of this Agreement neither the Union nor its
members will cause or take part in any strike, and the Employer
will not engage in any lockout, and the Union and its officers
shall do all in their power to prevent strikes.
Section 2. Jurisdictional Disputes:
Any jurisdictional problem arising between the Local Unions,
parties to this Labor Agreement, shall be settled between them
without work stoppage or other hindrance of the Employer's
operations.
ARTICLE III
HOURS AND WORK
Section l. Shifts:
A. For washers, greasers, tiremen and gas station
operators and/or fuelers, the day shift shall start
between the hours of 5:01 A.M. and 11:00 A.M.; the
swing shift shall start between the hours of 11:01 A.M.
and 5:00 P.M.; the graveyard shift shall start between
the hours of 5:01 P.M.and 5:00 A.M. The above starting
times shall also apply to automotive repairmen, where
applicable.
B. For all truck driver classifications, the day shift
shall start between the hours of 4:00 A.M.and 9:59
A.M.; the swing shift shall start between the hours of
l0:00 A.M. and 5:59 P.M.; the graveyard shift shall
start between the hours of 6:00 P.M.and 3:59 A.M.
C. The above shift hours do not apply to cement train
truck drivers. Shift hours for these drivers are:
day
shift shall start between the hours of 12:00 midnight
and 10:00 A.M.; night shift shall start between the
hours of 10:01 A.M. and 11:59 P.M.
D. The Employer will designate starting time and location
of shifts.
Note: For shift premiums, see Article IV, Section 4.
Section 2. No Split Shifts:
No driver shall work a split shift. The time will be computed as
continuous from the time of reporting for work unless relieved
from duty, lunch period excepted, not more than one-half (1/2) hour
lunch period being excepted.
Section 3. Lunch Periods:
An employee's lunch period shall start within the fifth (5th)
hour after he starts work. No lunch period shall be deducted
unless the employee has been relieved from duty for a lunch
period of thirty (30) consecutive minutes.
Section 4. Drivers Garage:
Drivers assigned regular work will start and finish from the same
garage, except as provided in Article IV, Section 5.
Section 5. Rest Period:
An employee shall be given a rest period of not less than eight
(8) hours between the time he has completed his previous shift
and the commencement of a straight time shift. If said employee
is not afforded this rest period, he shall be paid the applicable
overtime rate after his call back time.
ARTICLE IV
WAGES, ETC.
Section l. Classifications and Rates:
No employee shall be employed for any lower wage than this
Agreement calls for. Any wages paid other than hourly rates are
a violation of this Agreement.
The hourly wage rates for all employees covered by this Agreement
shall be as shown on Appendix "B" of this Agreement.
When a working Shop ▇▇▇▇▇▇▇ is appointed by the Employer, he
shall receive seventy five cents ($.75) per hour over the highest
classification rate, including shift differential, over which he
has supervision.
The decision to utilize the position of working Shop ▇▇▇▇▇▇▇ is
entirely at the discretion of the Employer, including who shall
be given such an assignment, if and when a person is to be
removed from such an assignment, and if the person will be
replaced. The above provisions shall not be subject to the
grievance and arbitration procedure.
In the event that wage controls are re-imposed by an agency of
the Federal Government during the term of this Agreement and a
portion of the negotiated increases are allowed during the period
of the wage freeze, that portion shall become effective as of the
date that such increases are legal.
Any part of the above wage package that is not allowable under
any wage controls will be deemed to be owing and shall become
effective the same day it becomes legal to put into effect and,
further, shall be due and owing in subsequent Agreements if not
put into effect during the term of the Agreement. It is
understood and agreed, however, that there will be no
retroactivity prior to the date that such increases become legal.
Section 2. New Classifications:
In the event the Employer acquires new equipment not reasonably
falling within one of the classifications set forth in Section l.
of this Article IV, the Employer shall establish a new
classification and rate and shall promptly notify the applicable
Local Union thereof. After work has been performed therein for
thirty (30) days and if the Union then claims that the rate for
such new classification does not bear a reasonable relationship
to the other rates, such claim may be made the subject of a
grievance by the Union.
Section 3. Special Setups:
Whenever special setups are created on or adjacent to large
projects for the purpose of batching or transit mix, etc., where
an agreement with the contractors on said project carries a
higher wage scale than provided herein, the higher wage scale and
subsistence applicable to Teamsters prevailing on the project
shall apply. Further, the Employer agrees to pay the difference
between the Industry Group Insurance, the Industry Holiday and
Vacation costs and the Industry Pension contributions and those
Health and Welfare, Vacation-Holiday and Pension contributions
applicable to Teamsters prevailing on such project, which amount
shall be added to the wage scale and paid to the individual
employee. The highest applicable rate shall be paid for the
entire day.
Section 4. Shift Premiums:
The premium above the day rate for all classifications (except
drivers of cement trains) for the swing and graveyard shifts as
defined in Article III, Section l(A) and (B) shall be twenty-five
cents ($.25) per hour for the swing shift and thirty cents ($.30)
per hour for the graveyard shift. The premium for working the
night shift for drivers of cement trains as defined in Article
III, Section l shall be twenty-five cents ($.25).
Section 5. Subsistence Pay:
When an employee is required to remain overnight in performing
work away from his permanent plant, yard, or shop, he will be
reimbursed for reasonable expenses.
Section 6. Travel Time/Pay, Meeting Pay, and Physical
Examinations:
A. When more than one (l) shift is required on continuous
pours requiring changing shift away from the yard,
traveling time at the applicable rate shall be paid
drivers going to and from points of operation.
Transportation to and from the job shall be furnished
by the Employer.
B. Employees who are required to attend any meeting shall
be paid a minimum of one (1) hour at the employee's
normal straight time hourly rate of pay, or the actual
time spent in such meetings, whichever is greater.
This pay is to cover both travel time and meeting time.
The Employer will pay the cost of all physical
examinations that are required by the Employer, or
whenever the Employer requires the employee to obtain
treatment and/or to visit a specific physician, clinic,
or facility. The Employer will also pay for all
substance abuse examinations or testing, except for
that portion only associated with the CDL bi-annual
physical examination or the random testing accompanying
a second-chance rehabilitation program.
In all instances where the Employer is obligated to
compensate employees for their physical examinations,
the compensation will be one (1) hour at the employee's
straight time hourly rate of pay unless additional
compensation is approved by management via a phone call
from the medical facility.
Section 7. Delays:
No time shall be deducted from drivers' wages caused by delay in
loading, unloading, or any equipment that is broken down away
from the yard, unless drivers are actually relieved from duty.
Section 8. Fines:
The Employer will pay all fines and assume all responsibility,
including court appearances on behalf of the driver, resulting
from overloading when same has been done under the order of the
Employer, or any of its agents authorized to issue such order, or
fines levied on the basis of defective equipment.
Section 9. Transfers:
When drivers are used for purposes other than driving, they shall
not be reduced in pay below the truck driver's rate for the class
of equipment they are assigned to; provided this shall not apply
on any day where, by the preceding day, the driver is notified he
will be assigned to non-driving duties. Whenever an employee
performs work in more than one classification during the day, he
shall be paid at the rate of the higher classification for the
entire time worked during that day.
Section l0. Pay Days:
The regular pay days shall be every other Thursday.
Section 11. Pay When Injured:
If an employee suffers an on-the-job injury during work which
disables the employee from continuing to work, the employee shall
receive a minimum of four (4) hours pay or the actual time
worked, whichever is greater. If any provision of California
laws provide for more than the above minimum (or actual time
worked), then the employee will be paid as per the law.
Section l2. Uniforms:
If the Employer requires employees to wear uniforms, the cost and
maintenance of such uniforms shall be paid by the Employer.
Section l3. Pay for Training and Break-In (New Hire) Pay Rates:
A. Employees hired prior to May 23, 1994 will continue
through the new hire progression rates and time
provisions as contained in the 1990-1994 Agreement.
Employees hired on or after May 23, 1994 will be
subject to employment at hourly rates that are four
dollars ($4.00) less, three dollars ($3.00) less, two
dollars ($2.00) less, and one dollar ($1.00) less than
the full normal hourly rates in Appendix "A" for time
periods of twelve (12) months each.
Employees hired on or after May 23, 1994 will not be
given any industry experience credit unless the
employee is a rehire by the same Employer and was
employed by that Employer on or after April 1, 1990.
In such instances the employee will be paid at the same
progression or skill level as when the employee ceased
his prior employment.
In the event an employee covered by this Section is
granted a leave of absence which exceeds thirty (30)
consecutive days, those days in excess of thirty (30)
will not be counted toward the eight (8) or twelve (12)
month requirements in the period applicable to the
employee at such time.
Employees who were hired prior to May 23, 1994 pursuant
to the pay for training and break-in progression in the
prior agreement will continue to be paid pursuant to
that progression schedule. Accordingly such employees
shall receive $3.00 below classification rate for their
first eight months of employment; $2.00 below
classification rate for their second eight months of
employment; and $1.00 below classification rate for
their third eight months of employment.
B. Material Hauling drivers hired after May 22, 1994 will
be paid as follows:
5-23-94 4-1-95 4-1-96
$12.00 $12.25 $12.50
All current employees (those hired prior to May 23,
1994) involved in material hauling will be paid at the
9 yard and over mixer hourly wage rates, however, the
Employer has the right to request that the employee be
involved in ready mix operations (in order to
effectively utilize the lower new hire rates for
competitive reasons), anyone refusing such work will be
kept in material hauling at one dollar ($1.00) less
than the 9 yard and over mixer hourly wage rate.
Special cases involving disability or inability will be
handled by the Labor-Management Committee and is
subject to arbitration.
Any employee has the right to bump back to material
hauling to avoid a layoff and maintain their 9 yard and
over mixer hourly wage rate.
C. When an employee is called upon to break-in or train
another employee as driver, he shall receive twenty-
five cents ($.25) per hour above his regular hourly
rate.
D. It is understood that the Employer reserves the right
to pay employees rates higher than those required by
the Collective Bargaining Agreement.
Section l4. Overloading:
It shall not be cause for discharge or disciplinary action for an
employee to refuse to drive any highway equipment that is
declared overloaded by a licensed weighmaster, for refusing to
drive a vehicle which has been knowingly loaded to exceed the
legal highway weight limits of the California Vehicle Code, or to
refuse to drive any equipment that has been declared unsafe by a
qualified mechanic or inspector. If as the result of such a
refusal no other work is available, the driver is still to be
paid the minimum work guarantees as provided in Article VI. The
refusal to drive equipment determined to be properly loaded
and/or in safe operating condition as described above shall be
just cause for disciplinary action, including discharge.
Section l5. Tool Insurance:
Employees in the classification of Automotive Repairman and
Greasers shall be covered by tool insurance. Coverage shall be
restricted to the following: Two Hundred dollars ($200.00)
deductible: Seven Thousand dollars ($7,000.00) maximum
reimbursement (limited to tools which are required by the
Employer) per employee, per loss which resulted from proven
forced entry of employee's tool box or theft of entire tool box.
It is the employee's responsibility to provide a current
inventory of tools subject to periodic check by the Employer.
Each employee must advise the Employer whenever he removes part
or all of his tools from the Employer's premises and must advise
the Employer when they are returned. The plan may be insured or
self-funded at the Employer's option.
The submission of a false claim or misrepresentation of tools
lost will be grounds for discharge under the dishonesty
provisions of Article IX.
ARTICLE V
OVERTIME PAY
Section l. Time and One-Half:
Time and one-half the straight time rate shall be paid for all
work performed:
A. In excess of ten (10) hours in any one day, or
B. In excess of forty (40) hours in any work week,
whichever is greater, and
C. On Saturdays, and
D. On Holidays.
Section 2. Double Time:
Except for emergency work and breakdown which shall be paid for
at time and one-half, double the straight time rate shall be paid
for all work performed on Sundays.
Section 3. Pyramiding:
There shall be no pyramiding of overtime; overtime will not be
paid under more than one of the above classes of overtime for the
same hours worked. For purposes of subparagraph (B) herein, the
work week shall be deemed to begin on Monday.
Section 4. Overtime Calculations for Vacation and Holidays:
Paid holidays shall be counted as hours worked in the computation
of overtime under Section 1.
Regularly scheduled vacations of an entire work week, Monday
through Sunday, will also be counted as hours worked in the
computation of overtime under Section 1. Vacations consisting of
less than an entire workweek, Monday through Sunday, shall not be
counted as hours worked in the computation of overtime under
Section 1.
ARTICLE VI
REPORTING ALLOWANCES
Section l. Reporting Pay and Daily Work/Pay Guarantees:
A minimum of two (2) hours shall be allowed whenever employees
are ordered to report to work and no work is available upon
reporting to work, unless the reason is as listed in Section 2 of
this Article. If any work is performed then the employee shall
receive a minimum of four (4) hours pay or work or the actual
time worked, whichever is greater.
Section 2. Exceptions to the Daily Guarantee:
An employee shall receive pay hereunder only for hours actually
worked if he refuses to do other work, or if the Employer is
unable to furnish work because of inclement weather, mechanical
breakdown, (other than of the employee's own truck) or other
conditions beyond his control or other conditions beyond the
Employer's control.
Section 3. Subterfuge:
The Employer will not use these sections as a subterfuge to
reduce hours or to abuse the seniority provisions of Article X.
ARTICLE VII
PAID HOLIDAYS
Section l. Holidays Paid:
All eligible employees shall receive eight (8) hours pay at their
straight time rate set forth in Section l and (where applicable)
Section 4 or Article IV of the following holidays not worked:
New Year's Day Memorial Day Fourth of July Labor Day
President`s Day Thanksgiving Day The Day After Thanksgiving
Christmas Day
Holiday pay for Memorial Day, Labor Day, President's Day and the
day after Thanksgiving will be suspended for the period May 23,
1994 through March 31, 1997. Thereafter the above listed four
(4) holidays will be restored to full application subject to
negotiation. During this period the provisions of Article V,
Section 1, "Time and One-Half" will be in effect for all eight
(8) of the holidays listed in Article VII, Section 1.
When any of these holidays falls on a Sunday, the day designated
by the Governor of the State of California shall apply, in such
cases, as the holiday. (As to a holiday occurring during
vacation, see Article VIII, Section l.).
Section 2. Eligibility:
Each employee who has been on the payroll of the Employer for a
period of six (6) months or more shall be eligible for holiday
pay, provided that:
A. He works his full scheduled shift on the working day
immediately before and following such holiday unless
(1) his absence is caused by illness
(2) his absence is excused by the Employer, or
(3) he is laid off on either of such days by the
Employer, and
B. He performs some work on any of the five (5) working
days immediately before or the five (5) working days
immediately after such holiday, unless he is a driver
who has been laid off due to a breakdown of his truck
or unless he is on a paid vacation to which he is
entitled under Article VIII hereof, and
C. He did not refuse to work on such holiday, if
requested.
ARTICLE VIII
VACATIONS
Section l. Vacations Allowed:
Each employee who has completed one (1) year's continuous service
in the employ of the Employer and has worked a minimum of 1,200
hours during the preceding year, shall be entitled to a paid
vacation equal to forty (40) hours straight time pay at the rates
set forth in Section l., and (where applicable), Section 4. of
Article IV, hereof.
Each employee who, under such circumstances, has completed two
(2) years continuous service shall receive a paid vacation of
eighty (80) hours straight time pay.
Each employee who, under such circumstances, has completed eight
(8) years continuous service shall receive a paid vacation of one
hundred twenty (120) hours straight time pay.
Each employee who, under such circumstances, has completed
fifteen (15) years continuous service shall receive a paid
vacation of one hundred sixty (160) hours straight time pay. For
the period of May 23, 1994 through March 31, 1997, this fourth
(4th) week shall be suspended. Thereafter the fourth (4th) week
of vacation will be restored subject to negotiation.
Employees who have worked twelve hundred (1200) hours or more
from their anniversary date prior to May 22, 1994 shall receive
the paid vacation to which they were entitled under the prior
agreement. This paid vacation will be at the rates as set forth
in the prior agreement.
An employee who is laid off for lack of work in excess of two (2)
consecutive weeks during his first year of employment and is
recalled shall become eligible for his vacation when he has
worked beyond his first year of employment the number of days
equal to the number of days he was on layoff, provided that he
has then worked a minimum of 1,200 hours. (This will not affect
his anniversary of hire eligibility date for subsequent
vacations). When one of the holidays specified in Article VII
occurs during an employee's paid vacation, the Employer shall pay
the employee an extra day's pay.
Section 2. Scheduling:
Vacations shall be taken between June lst and September 30th at
times designated by the Employer unless otherwise mutually agreed
between the Employer and the employee. Employee requests for
vacation time outside of the vacation period described above
shall not be unreasonably denied. When choice of vacation date
is practical without interfering with operations, the more senior
employees shall have first choice.
Section 3. Payment:
Vacation pay will be paid to an employee before he takes his
vacation if a request is made by the employee at a reasonable
length of time before his vacation commences. Vacation pay shall
be paid by separate check.
Section 4. Pro Rata Vacation Pay:
Employees who, after employment of not less than one (1) year,
are discharged, quit, laid off indefinitely, or with the consent
of the Employer, are allowed to take their vacation prior to
their anniversary of hire eligibility date, shall receive at the
time of separation (or early vacation) pro-rata vacation pay for
the period of service from the last anniversary date of hire to
date of termination (or early vacation), that is, one-twelfth
(1/12th) of his vacation pay, (40, 80, 120, or 160 hours as
determined above) for each full month worked from his last
anniversary date. Employees who are so laid off and are then
recalled, and employees who so take an early vacation, shall have
the amount of vacation pay received under this Section offset
against any vacation pay they may thereafter become entitled to
under this Article. Employees with at least one (l) year of
continuous service who, during any vacation year, fail to work
the required 1,200 hours, shall be paid pro rata his vacation pay
(40, 80, 120, or 160 hours as determined above) equal to the
ratio of the hours actually worked during the vacation year to
1,200 hours.
ARTICLE IX
DISCHARGES
Section l. Discharges and Discipline:
An employee may be discharged or disciplined for incompetency,
inefficiency, insubordination or any other good cause. No
employee shall be discharged or discriminated against because of
his membership in the Union or union activities, including his
refusal to cross a primary picket line approved by the Union.
The Union shall have the right to investigate the discharge of
any non-probationary employee and may protest through the
grievance and arbitration procedure any discharge believed by the
Union to be unjustified. Any such protest shall be presented to
the Employer in writing within ten (l0) working days after such
discharge and a postmark or mail by certified mail within the ten
(10) days will be accepted as satisfaction of this requirement.
In the event the discharge is submitted to the grievance
procedure and the discharge is not found to be in accordance with
the provisions of the Article, such non-probationary employee may
be reinstated, with restoration of full seniority and other
rights and/or may be granted loss of pay. The Employer shall not
discipline and/or discharge an employee, unless such an action is
imposed within ten (10) working days after the date of the
incident or within ten (10) days after the date the Employer
should have known. Disciplinary actions taken after the ten (10)
day period will be considered as invalid.
Section 2. Warning Notices:
Except for discharges for dishonesty, being under the influence
of alcohol or illegal drugs (including selling and/or the
transportation of illegal drugs) while in the service of the
Employer, reckless driving resulting in a serious accident (as
defined under DOT rules), the carrying of unauthorized
passengers, insubordination, proven unprovoked assault on anyone
including fellow employees, customers, or supervisors; or gross
negligence, an employee shall not be discharged or subject to
layoff/suspension unless the employee has had one (1) previous
written warning notice (with a copy having been sent to the
appropriate Local Union). The fact that the employee nor the
Union has not protested or grieved the warning notice at the time
of issuance shall not constitute an agreement or admission of the
validity of the alleged offense. Warning notices shall be
effective for a period of time not to exceed twelve (12) months
from the date of issuance.
ARTICLE X
SENIORITY
Section l. Acquisition and Loss:
Seniority rights, once established, start from the date of
employment by the Employer within the bargaining unit; provided,
however, employees will have no seniority rights until after a
probationary period of sixty (60) days of continuous employment
or sixty (60) working days accumulative within a period of six
(6) consecutive months, whichever occurs first. Seniority shall
be terminated upon:
A. resignation of an employee
B. retirement
C. discharge
D. failure to notify his Employer within forty-eight (48)
hours of his intention to return to work within five
(5) working days after delivery of notice to his last
known address, or
E. if the employee performs no work for the Employer
within the bargaining unit for a period of six (6)
months; except if such failure to perform work is
because of absence as a result of sickness or accident,
such period shall be twelve (12) months; provided
however, that if an employee is re-employed upon
recovery from such illness or accident lasting longer
than twelve (12) months, his former seniority shall be
restored.
An employee recalled, at the option of the Employer, from layoff
of over six (6) months, except as provided above, shall have the
seniority which such employee acquired prior to layoff restored,
provided such recall occurs within twelve (12) months of the date
of his layoff. Employees laid off, as hereinafter provided, and
who have been enrolled in the Training and Upgrading Program
under the provisions of Article XVIII within twenty (20) days
after his layoff shall be eligible for recall, as provided in
paragraph (C), Section 2. hereof, in his new classification
upon presentation to the Employer of evidence of satisfactory
completion of such retraining, and if recalled by the Employer
within one (l) year after his layoff his seniority shall be
restored.
Section 2. Layoff, Recall and Exercise of Seniority Rights:
A. Layoffs shall be classified as:
(1) Indefinite Layoff - an indefinite layoff is a
reduction of the working forces in the bargaining
unit where the Employer reasonably anticipates
at
the time of such reduction that the affected
employees will not be recalled to work for at
least twenty (20) consecutive regular working
days. Employees laid off indefinitely must be
immediately notified, in writing, by the Employer,
and such employees must exercise immediate
seniority rights in the manner provided hereafter.
Employees who fail to exercise such rights shall
be terminated, subject to recall as provided for
in Section 2(C) below.
(2) Short Term Layoff - A short term layoff is any
layoff other than an indefinite layoff. An
employee on short term layoff may not exercise
seniority rights until his layoff has actually
continued for three (3) consecutive regularly
scheduled working days (not including days of work
lost due to actual days of inclement weather or
breakdown of production equipment) at which time
the employee will exercise such seniority rights
in the manner provided hereafter. Such employee
must exercise his seniority rights prior to the
Company dispatch time on the seventh working
day following his three (3) day qualification.
Days lost due to inclement weather shall be
counted toward the seven (7) days. Employees who
fail to exercise such rights within the ten
(10)days shall become Extra Board Drivers at their
base location for not to exceed an additional ten
(10) working days. Employees who have not
exercised their seniority rights by the initial
ten (10) days shall be deemed to have been
indefinitely laid off as per paragraph 2(A) above,
on the twentieth (20th) day.
B. Seniority Rights:
Employees laid off under Section 2(A) (l) and (2)
shall
exercise seniority rights upon the affected junior
employee(s) in accordance with the timing set forth
therein and in sequence such that the employee(s) shall
fill the first available job for which he is qualified
in order of progression, as set forth in Paragraph
2(B) (l) through 2(B) (4),below.
It shall be understood and agreed that employees
exercising seniority rights or displacing junior
employees shall be qualified and capable of performing
the work in all classifications into which they are
moving. It shall be understood and agreed that the
nearest yard or plant to an employee's base yard or
plant shall be determined by map measurement or air
line distance.
Extra Board Drivers employed by the Employer may, in
the course of their work, drive more than one type of
equipment, but must be assigned to one of the groupings
listed in Section 3, hereafter, and to a location based
upon their primary work assignment. Extra Board Drivers
shall only have seniority rights as set forth in
paragraph 2(A) (1), above and such rights shall be
exercised as provided for in paragraph 2(B) (2).
In the event of multiple layoffs occurring on the same
date, the Employer shall consider each individual to be
laid off separately and in the order of seniority
starting with the junior employee to be laid off and
progressing through the most senior employee to be laid
off. Individuals affected shall be afforded their
seniority rights as provided in subparagraphs (1), (2),
(5) and (6), paragraph (B),Section 2, of this Article.
(1) Driving Personnel Laid Off - Exercise of
Seniority:
(a) First, in his grouping at his base
yard or plant on his shift to
displace the junior driving employee
with a piece of equipment.
(b) Second, in his classification, at his
base yard or plant, on his shift, to
displace the junior driving employee
with a piece of equipment.
(c) Third,
(i) In his classification, at his base
yard or plant, on another shift,
to displace the junior driving
employee with a piece of equipment,
or
(ii) In another classification, at his
base yard or plant, on his
shift, to displace the junior
driving employee with a piece of
equipment, or
(iii) In another classification, at his
base yard or plant, on another
shift to displace the junior driving
employee with a piece of equipment,
or.
(iv) At his base yard or plant, to
displace the junior extra board
driver, provided, however, in any
event seniority shall prevail, or
(v) by-pass the Third Step.
(d) Fourth, in his classification, at the
nearest yard or plant, to displace the
junior driving employee with a piece of
equipment.
(e) Fifth, in another classification, at
the nearest yard or plant, to displace
the junior driving employee with a
piece of equipment.
(f) Sixth, to displace the junior driving
employee with a piece of equipment in
the bargaining unit.
(g) Seventh, to displace the junior driving
employee in the bargaining unit.
(h) Eighth, to displace the junior employee
in the bargaining unit.
(2) Driving Personnel Displaced by Employees Laid Off
Exercise of Seniority:
(a) First, in his classification at his base yard
or plant on his shift, to displace the junior
driving employee with a piece of equipment.
(b) Second,
(i) In his classification, at his base
yard or plant, on another shift, to
displace the junior driving
employee with a piece of equipment,
or
(ii) In another classification, at his
base yard or plant, on his shift,
to displace the junior driving
employee with a piece of equipment,
or
(iii) In another classification, at his
base yard or plant, on another
shift, to displace the junior
driving employee with a piece of
equipment, or
(iv) At his base yard or plant, to dis-
place the junior extra board driver
provided, however, in any event,
seniority shall prevail, or
(v) By-pass Second Step.
(c) Third, in his classification at the
nearest yard or plant, to displace the
junior driving employee with a piece of
equipment.
(d) Fourth, in another classification at
the nearest yard or plant, to displace
the junior driving employee with a piece
of equipment.
(e) Fifth, to displace the junior driving
employee with a piece of equipment in
the bargaining unit.
(f) Sixth, to displace the junior driving
employee with a job in the bargaining
unit.
(g) Seventh, to displace the junior employee
with a job in the bargaining unit.
(3) Driving Bid Restoration:
In the event a laid off or displaced driver,
in the exercise of his seniority rights under
paragraph 2(B)(1) or (2), above, accepts
other equipment at his base plant or yard,
such equipment after a period of sixty (60)
days shall become permanent and his bid
rights, as provided for in Section 4 shall be
restored. If the driver is relocated to
another yard or plant, in the exercise of his
seniority rights, such assignment to yard or
plant and equipment after a period of sixty
(60) days shall become permanent and his bid
rights, as provided for in Section 4, shall
be restored.
In any event, if the driver`s original
equipment becomes available in the sixty (60)
day period referred to above, the driver
shall be restored to his original equipment.
If the driver is entitled to a new and/or
used equipment bid, he may utilize such bid
during the sixty (60) day period. If the
opening bid upon is t either his original
plant or new plant, his bid will be
considered in the First Step of Section 4(B).
If he successfully bids on equipment at the
new location, he shall not be entitled to
have his bid restored as provided in the
paragraph above, and such equipment shall
become his permanent equipment.
(4) For the purpose of this Seniority Article,
the word "groupings" shall be those
groupings listed in Section 3 and the word
"classification" shall mean the job titles
listed below:
Driving Classifications:
(a) Drivers of Water Trucks
(i) Under 2,000 gallons
(ii) 2,000 to 4,000 gallons
(iii) 4,000 gallons and over
(b) Drivers of Plant and Pit Trucks
(i) 12 tons and under
(ii) Over 12 tons to 20 tons, inclusive
(iii) Over 20 tons to 50 tons, inclusive
(iv) 50 tons and over
(c) Drivers of Dump Trucks
(i) Two Axle
(ii) Three Axle
(d) Drivers of Semis Under 14 Tons
(e) Drivers of Truck-Trailer Transfers
(f) Drivers of Truck-Trailer Bottom Dumps
(g) Drivers of Truck-Trailer (pups)
(h) Drivers of Semis Over 14 Tons
(i) Drivers of Cement Trucks
(j) Drivers of Mixer Trucks
(i) Under 9 Cubic Yards
(ii) 9 Cubic Yards and Over
(k) Drivers of Flats
(i) Under 5 Tons
(ii) 5 Tons and Over
(l) Drivers of Flat Truck-Trailers and Semis
(m) Mobile Sweeper Drivers (licensed for
highway use)
(n) Bulk Fuel Tank Truck Drivers
(5) Non-Driving Personnel Laid Off - Exercise of
Seniority:
(a) First, in his classification, at his
base yard or plant, on his shift,
(b) Second, in his classification, at his
base yard or plant, on another shift,
(c) Third, in another classification, at
his base yard or plant,
(d) Fourth, in his classification, at the
nearest yard or plant,
(e) Fifth, in another classification, at
the nearest yard or plant,
(f) Sixth, to displace the junior employee
in the bargaining unit.
(6) Non-Driving Personnel Displaced by Employees
Laid Off - Exercise of Seniority:
(a) First, in his classification, at his
base yard or plant, on another shift,
(b) Second, in another classification, at
his base yard or plant,
(c) Third, in his classification, at the
nearest yard or plant,
(d) Fourth, in another classification, at
the nearest yard or plant,
(e) Fifth, to displace the junior employee
in the bargaining unit laid off or
displaced.
(7) Non-Driving Bid Restoration:
In the event a laid off or displaced
employee, in the exercise of his seniority,
rights under paragraph 2(B) (5) or 2(B) (6),
above, accepts another job at his base plant,
yard or shop, such job shall become his
permanent assignment and his bid rights as
provided for in Section 4, shall be restored.
If the employee is relocated to another yard,
plant or shop, in the exercise of his
seniority rights under paragraph 2(B) (5) or
2(B) (6), above such assignment shall become
permanent and his bid rights shall be
restored.
(8) For the purpose of this Seniority Article,
the word "classification" shall mean the job
titles listed below:
Non-Driving Classifications:
(a) Drivers of Mobile Service Trucks
(b) Warehousepersons
(c) Automotive Repairpersons
(d) Batch Plant Operators (manual)
(e) Bunkerperson
(f) Gas Station Operators and/or Fuelers
(g) Loaders
(h) Washers
(i) Greasers
(j) Tirepersons
(k) Chippers
(C) Recall
(1) Prior to effecting a recall of employees who
have been laid off in order to fill job
vacancies, the Employer shall post the job
vacancies and award the job(s) to the
bidder(s), if any, as provided in Section 4.
(2) In the event no bids are received and jobs
awarded as provided in (1) above, the
Employer shall recall the most senior
employee(s) on layoff who have retained
recall rights in accordance with Section l.
and who are qualified and capable of per-
forming the work.
(D) Equipment Transfers
The Employer may transfer equipment from one yard
or plant to another yard or plant to meet its
business requirements. The employee whose equip-
ment is so transferred may elect to transfer with
his equipment, in which case his seniority will
remain intact in all respects. If the employee
elects not to transfer with his equipment, he must
exercise his seniority rights as though he had
been indefinitely laid off as provided in
paragraphs 2(A)(1) and 2(B)(1) of this Article.
Section 3. Dispatch Procedure:
(A) For the purpose of this dispatching procedure, the
drivers will be classified by the type of their
assigned equipment in the following groupings at each
yard or plant:
(1) Mixers, under 9 cubic yards
(2) Mixers, 9 cubic yards and over
(3) Flat Trucks
(4) Bottom Dump Trains or Bottom Dump Semis
(5) Truck & Trailer Transfer Dumps
(6) End Dump, Single Trucks or End Dump Semis
or End Dump Truck and Pup
(7) Plant Trucks, l2 tons and under
(8) Plant Trucks, l2 to 20 tons, inclusive
(9) Plant Trucks, 20 to 50 tons, inclusive
(l0) Plant Trucks, 50 tons and over
(11) Pit Trucks
(12) Cement Trains
(13) Water Trucks
(14) Bulk Fuel Tank Trucks
(B) The Employer will determine the number of trucks
necessary to take care of the work load each day.
(C) After such determination has been made, the Employer
shall dispatch that number of senior drivers in
seniority order in each of the groupings in sub-section
(A), above, equal to the number of trucks to be used
unless the use of certain equipment is not reasonably
practicable, or unless it is necessary to use certain
equipment to maintain adequate service to the job or
customer on that day.
(D) When two (2) or more shifts are working, in accordance
with Article III, Section l, drivers will be dispatched
in accordance with the dispatching procedure as set
forth in Section 3 of this Article, paragraphs (A),(B)
and on a shift basis.
(E) Once the Employer has determined its equipment needs
for the following day and has determined the order of
dispatch as provided above, it is not required to
change the initial dispatch because of any change in
circumstances occurring after the initial
determination. When an employee is not on the initial
dispatch for his regular shift, he shall not be
required to work that shift if he is not called for
work prior to 9:00 A.M. and shall not be considered
"unavailable for work" on that day. However, the
Employer will honor written requests of employees for
later billing times whenever practicable.
(F) Drivers whose assigned equipment is shopped shall be
temporarily assigned in seniority order to vacant or
unassigned equipment in the same grouping which the
Employer plans to operate when such equipment is
located at the driver's base plant or yard, and such
drivers shall be dispatched in seniority order. During
the time his equipment is shopped, any days he is not
so assigned shall be counted as consecutive days for
the purpose of Section 2(A) (2). In the event there is
no vacant equipment in the driver's assigned grouping,
but the driver is qualified and capable of performing
the work in another grouping, and the Employer plans to
operate vacant or unassigned equipment in that grouping
at the driver's base yard or plant, the driver of such
shopped equipment shall be temporarily assigned to such
vacant equipment and will be dispatched after all
permanently assigned drivers in that grouping have been
dispatched. All days worked in such different
groupings shall be counted as consecutive days for the
purposes of Section 2(A) (2). Such drivers will be
returned to their regularly assigned equipment when
such shopped equipment is returned to service. Drivers
who cannot be temporarily assigned to vacant equipment
may exercise their seniority rights as provided in
Section 2(A) (2) and 2(B) (1) of this Article. Except
for equipment vacancies caused by Leaves of Absence
under Article XVII and Vacations of one (l) week
or longer, assignment of drivers and dispatching of
such drivers as set forth in this paragraph shall be on
a day-to-day basis.
(G) If the Employer maintains an Extra Board, he shall
dispatch his senior qualified Extra Board Drivers on
needed equipment which the Employer knows, at the time
of preparing the dispatch, will be vacant for the day
in question, after the application of paragraph (F)
above.
(H) After ▇▇▇▇▇▇▇ vacant or unassigned equipment which the
Employer plans to operate, first, under the provisions
of paragraph (F) above, and second, under the
provisions of paragraph (G), above, unbilled drivers in
seniority order, shall be assigned to operate such
equipment and such drivers shall not have the right to
refuse such assignment. Effective April 16, 1984, the
Employer agrees to pay such drivers mileage at the rate
of twenty-five cents ($.25) per mile from his base
plant or yard to the plant or yard where such vacant or
unassigned equipment is located, provided the distance
between such plants is greater than ten (10) miles,
measured as provided in Article XX.
(I) By mutual written agreement between the Company and all
the affected employees at a given location, yard or
plant, a system of work sharing by the employees may be
initiated. Any such agreement must contain, among
other items, an exact description of how the work will
be shared, the maximum length of time it is to be in
effect, a provision for cancellation by anyone involved
upon a specified notice period, and be signed by all
parties to it.
(J) The parties agree that the Employer covered by the
Agreement do not intent to use employees covered by
Article IV, Section l3(A) in such a manner as to
deprive more senior employees of straight time and
overtime assignments.
Section 4. Assignment of Equipment and Jobs:
(A) Equipment and Driving Jobs:
When new equipment is purchased or existing equipment
becomes permanently vacant (expected to last for
twenty(20) or more consecutive regular working days)
and the Employer intends to operate such equipment, the
Employer shall promptly post bid applications for such
equipment at all yards or plants for a period of four
(4) consecutive regular working days and those
employees at such yards or plants who wish may bid for
assignment to such equipment, except that no employee
shall be entitled to bid upon new equipment more often
than once every twenty-four (24) months or more often
than once every six (6) months on used equipment,
except as provided for in Section 2(B), or in the event
the employee's equipment has been removed from the
fleet, in which case his bid rights shall be restored.
Equipment which is vacant due to Leaves of Absence
shall not be posted for bid as provided herein, but
will be assigned under the provisions of Section 3(F).
(B) The bids by employees for new or permanently vacant
equipment (as described in paragraph (A), above) shall
be evaluated by the Employer and the equipment
awarded according to the following priorities:
(1) First, in seniority order to drivers at all yards
and plants and who are in the same classification
as the equipment bid upon.
(2) Second, if no bids are received and equipment
awarded in the first priority, in seniority order
to drivers at all yards and plants and who are in
other driving classifications, providing such
drivers are qualified and capable of performing
the work.
(3) Third, if no bids are received and equipment
awarded by the first and second priorities in
seniority order to non-driving employees at all
yards and plants, provided such employees are
qualified and capable of performing the work.
(C) Equipment used for swing and graveyard shifts will not
be subject to bid. However, such shifts shall be bid
as jobs and shall constitute a used equipment bid. For
this purpose, it is hereby agreed that a night shift
job is considered to be a job "with a piece of
equipment". Further the Extra Board is considered
simply a job and is one "without a piece of equipment".
(D) For the purpose of this bidding procedure, no morthan
onene (1) employee shall be permanently assigned to a
specific piece of equipment in a specific grouping.
(E) Non-Driving Jobs
When new non-driving jobs are created or existing non-
driving jobs become permanently vacant, the Employer
shall promptly post bid applications for such jobs
at
all yards, plants or shops and those employees who wish
to may bid for assignment to such jobs. An employee
hired as a Greaser or Tireman, or who has successfully
bid into either classification, will not be entitled to
bid into another classification, (non-driving or
driving) for a period of twelve (12)months from the
date of hire or date of assignment of such
classification.
(F) The bids by employees for new or permanently vacant
non-driving jobs (as described in paragraph (E), above)
shall be evaluated by the Employer and the
jobs awarded as follows:
(1) First, in order of seniority, employees who are
permanently assigned to non-driving jobs, and who
are qualified and capable of performing the work
and who are assigned to the plant, yard, or shop
where the vacancy exists.
(2) Second, in the event no bids are received or jobs
awarded as provided for in the first step above,
in seniority order employees who are regularly
assigned to the same classification at other
yards, plants or shops.
(3) Third, should no bids be received or jobs awarded
under the first or second steps above, in order of
seniority employees who are assigned to other non-
driving classifications and who are qualified and
capable of performing the work, and who are
assigned to other yards, plants or shops.
(4) Fourth, in the event no bids are received or jobs
awarded as provided in the first through third
steps above, in order of seniority all driving
personnel assigned to the yard, plant or shop
where the vacancy exists.
(5) Fifth, in the event no bids are received or jobs
awarded as provided in the first through fourth
steps above, in seniority order to drivers at
all other yards, plants, or shops.
Section 5. Seniority Lists:
On the first workday of each calendar quarter, the Employer shall
post at each yard, shop or plant current seniority lists by
driver groupings at each yard, shop or plant and a seniority list
for all non-driver jobs at such yard, shop or plant and shall
furnish copies of such lists to the appropriate Local Union.
Section 6. Notice of Shopping of Equipment:
The Employer will make every reasonable effort to give an
employee advance notice of the shopping of his assigned
equipment.
Section 7. Military Service:
All basic rights of employees in military service will be
preserved in accordance with Federal law. Upon request, an
employee will be granted a leave of absence without pay in
addition to vacation to fulfill his military obligations.
ARTICLE XI
GRIEVANCE PROCEDURE
Section l. Grievance Steps:
Grievances shall be taken up and processed in the following
manner:
(A) STEP ONE: Any employee having a grievance may first
take his grievance up with his ▇▇▇▇▇▇▇, shop ▇▇▇▇▇▇▇,
or Union Representative. On request of the Union
Representative, the Employer shall produce the payroll
records that bear upon the grievance for examination
by the Union Representative. In any event, an attempt
to settle the grievance with an Employer representative
shall be made prior to proceeding to Step Two of this
grievance procedure.
(B) STEP TWO: If the grievance is not settled in Step
One within two (2) working days, within five (5)working
days thereafter it shall be presented in writing by the
Union Representative to the Employer's Industrial
Relations Representative in an attempt to resolve the
grievance; provided, however, that grievances may be
initiated by the Union directly in this STEP TWO.
(C) STEP THREE: If the grievance is not settled within
two (2) working days, within ten (10) working days
thereafter it shall be:
(1) scheduled and presented in writing, at the
next meeting of the Joint Grievance Committee
as provided for in this STEP THREE; or
(2) at the insistence of the Employer or the
Union, by-pass STEP THREE and proceed
directly to arbitration as provided for in
STEP FOUR below; provided, however, that the
election to by-pass STEP THREE (Joint
Grievance Committee), shall be promptly made
and communicated to the other party at the
conclusion of STEP TWO.
A Joint Grievance Committee of an equal
number of representatives of the Southern
California Rock Products and Ready Mixed
Concrete employers and the Union will meet
within thirty (30) working days thereafter
to settle the grievance. This Committee is
authorized to adopt written rules of
procedure by mutual agreement and such rules
of procedure shall be binding upon all
signatories to this Agreement. If a decision
is reached by this Committee, it shall be
final and binding upon all parties involved.
D. STEP FOUR: If the grievance is not settled within
thirty (30) working days in STEP THREE from the time it
was presented in writing to the Joint Grievance
Committee; or if the grievance has proceeded directly
to STEP FOUR from STEP TWO, either the Employer or the
Union may, within ten (10) working days, request in
writing that the issue be arbitrated, provided that it
involves a question of interpretation or application of
this Agreement.
The Committee specified in STEP TWO shall appoint an
arbitrator agreeable to both. If they are unable to
agree within ten (10) working days upon an arbitrator,
either party may, within ten (10) working days
thereafter, request the Federal Mediation and
Conciliation Service and/or the American Arbitration
association to submit a list of Arbitrators consisting
of any odd number, not less than five (5). From such
list the arbitrator shall be selected by each party
alternately striking off names; the choice of which
party shall make the strike offikeoff shall be
determined by lot. The decision of the arbitrator
shall be final and binding on both parprovided,
howeverowever, that the power and authority of the
arbitrator shall be limited to the question presented
to him, and he shall have no power to add to or
subtract from or modify any terms of this Agreement or
any Agreements made supplementary thereto; nor to
establish or change any wage scale or classification,
except as provided under Article IV, Sections 2 and
6(B), but shall refer any such cases back to the
parties without decision. Grievances arising under
Article I, Section 7, are not arbitrable because of
remedies provided by law.
Section 2. Arbitrators Fees:
In order to encourage the settlement of grievances in the early
steps of the grievance procedure and in order to discourage
frivolous or improper use of the arbitration process, the fees
and expenses of the arbitration shall be paid by the losing
party.
If there is any question as to who the losing party is, or if a
case is referred back to the parties without decision, or if
there are decisions against more than one of the parties to the
arbitration, the arbitrator is authorized and requested to
determine who shall pay the fees and may in such case order a
sharing of such fees. In such event, the decision of the
arbitrator on this issue shall be final and binding.
Section 3. Time Limit:
All grievances not described in Article IX (Discharges and
Discipline) will be barred for all purposes if not presented to
the Employer in writing in Step Two within fifteen (15 working
days after the date of the occurrence giving rise to the
grievance.
Section 4. Business Agent Visitation:
The Business Representatives of the Union shall have access to
the job during working hours for the purpose of performing his
duties and he shall advise the Employer or his representative of
his presence on the job and shall not unreasonably interfere with
the work of any worker.
Section 5. Shop Stewards:
Selection as a ▇▇▇▇▇▇▇ shall not change the full-time productive
status of an employee. The ▇▇▇▇▇▇▇ shall not be discriminated
against in any manner by the Employer or his Agent because of his
activities in presenting any adjustment of grievances or
disputes.
The ▇▇▇▇▇▇▇ shall be given a reasonable length of time during his
working hours to perform his activities as a ▇▇▇▇▇▇▇ when such
activities cannot be conducted on non-working time.
Section 6. Bulletin Boards:
At all locations at which truck drivers are based, official Union
bulletins may be posted on the Company bulletin boards.
ARTICLE XII
JURISDICTION OF LOCAL UNIONS
Section l. Geographic Areas:
The Union agrees to furnish the Employers with a map and
description clearly defining the geographical areas of the
respective Local Unions parties to this Agreement.
Section 2. Assignment of Work:
Nothing contained in this Agreement shall restrict or prevent the
Employer from assigning work or duties to employees covered by
this Agreement within the classifications listed in Article IV,
Section l, hereof, without regard to the Local Union of which the
employee is a member.
ARTICLE XIII
BARGAINING
Section l. Interpretation of Agreement:
Questions concerning interpretation or application of this
Agreement may arise from time to time and in the interest of
preventing misunderstandings, an equal number but not less than
three (3) each from the Employer's representative and the Union
Negotiating Committee shall promptly meet at the request of
either in an attempt to resolve such question, but in any event
within thirty (30) days, unless otherwise mutually extended.
Section 2. Bargaining During Term:
Notwithstanding the provisions of Article I, Section l or Section
l of this Article XIII, each party hereto expressly waives any
obligation or duty presently or hereafter imposed by law on the
other party, and acknowledges and recognizes that no obligation
or duty exists under this Agreement to bargain collectively or
negotiate with the other party over or pertaining to wages,
hours, pensions, paid holidays, insurance, sick leave, severance
pay, or any terms or conditions of employment or retirement or
any other matters or subjects whatsoever during the term of this
Agreement.
ARTICLE XIV
GROUP INSURANCE PLAN
Section l. Regular Employees:
For the purpose of this Article XIV, a regular employee for whom
the Employer is required to make monthly contributions is an
employee within the bargaining unit, as described in Article I,
Section 1, hereof, except as noted under Sections 2 and 11 below.
The Employer shall make monthly contributions on behalf of all
regular employees who were on the payroll of the Employer for
forty (40) hours in the preceding month.
Employees who are on paid Vacation and holidays for a portion of
the month will have those hours counted toward the forty (40)
hour requirement for the payment of medical contributions.
Section 2. Vacation Relief:
It is understood and agreed that vacation relief help hired will
not be entitled to group insurance coverage. The Notice of Hire
shall clearly state that the employee, in such case, is hired for
vacation relief purposes.
For the purpose of this Section, the term "vacation relief help"
means an employee hired specifically as such on or after April 1
of any year and terminated on or before October 31 of the same
year. An employee hired and/or terminated between November 1 and
March 31 shall not be considered "vacation relief help".
Vacation relief employees who perform work after October 31 and
who worked for forty (40) hours or more in the preceding October
shall have a medical contribution paid on their behalf pursuant
to Section 11.
Section 3. Dates of Contributions:
The first contribution of a new employee shall be due on the
first day of the month next following thirty (30) days of
employment. One (1) additional premium will be paid for
employees who leave work because of layoff due to a reduction in
force.
Section 4. Contribution Rates and Benefits:
The programs and provisions of the previous contract will
continue for the period of April 1, 1994 until the following
changes are effective:
A) Basic Hospital and Medical coverages for employees and
eligible dependents under Teamsters Miscellaneous Security
Trust Plan E, including dependent Vision coverage and
Retiree Medical Plan E coverage.
B) Vision care for dependents under Plan E.
C) Dental benefits for employees and eligible dependents under
the Teamsters Joint Council No. 42 Welfare Trust.
D) Prescription Drug benefits for employees and eligible
dependents under the Teamsters Joint Council No. 42 Welfare
Trust.
E) Hospital and medical coverage for retired employees whose
retirement effective dates are on and after July 1, 1979 and
their eligible dependents, under Teamsters Miscellaneous
Security Fund, Plan E.
Section 5. Program Costs:
All costs of the programs described above, including
administration, shall be borne by the Employer contributions,
except as provided in Section 8.
Section 6. Due Dates:
Monthly contributions required under this Article XIV shall be
due on the first (1st) day of the calendar month and shall be
paid no later than the tenth (10th) of the same month.
Section 7. Trust Documents:
The Employers and the Union agree to execute the necessary Trust
Documents required by the Trustees of such Trusts as a condition
of participation in the Trust referred to in Section 4 above.
Section 8. Maintenance of Benefits:
It is the intention of the parties hereto that the benefits
described in this Article shall be maintained throughout the term
of this Agreement. All costs of the programs described above,
including administration, shall be borne and paid by the
Employer, subject to the following limitations:
The Employer agrees to pay up to the maximum amount set forth
below to provide such benefits:.
Maximum Contribution Amount
Misc E and JC 42 Take Care
Effective 4-1-94 1990-1994 Amt.
Effective 6-1-94 1990-1994 Amt. -$15.50 (LTD) $253.00
Effective 5-23-94 $431.00
Effective 10-1-94 $450.00 $266.00
Effective 10-1-95 $475.00 $283.00
Effective 10-1-96 $500.00 $303.00
Should the above maximum amounts be inadequate to maintain all of
the benefits described in Section 4., above, any additional
amount required by the Trusts shall be borne by the employees
through monthly payroll deductions, withheld from the employee's
first paycheck of the applicable calendar month the amount
necessary, when combined with the Employers' maximum
contribution. Such additional amount shall be deducted from the
payroll earnings of the employee only for such months as the
inadequacy occurs.
Section 9. Retirees Prior to August 1, 1979:
The parties hereto agree that the Employer shall cease
contributing to the Southern California Rock Products and Ready
Mixed Concrete Industries Welfare Benefits Plan ("Rock Plan") and
that the Rock Plan shall be merged into the Teamsters
Miscellaneous Security Fund Plan E ("Plan E"). Plan E shall
thereby assume all assets and liabilities of the Rock Plan and
the Rock Plan shall terminate.
Section 10. Legislation:
If a universal health care plan program is enacted by Congress
the effect of which is to require additional payroll costs to the
Employer and/or costs to the employees, or if a change in the
current plan is required by the new law, the parties shall meet
to resolve, in a mutually satisfactory manner, any problems
resulting therefrom.
The parties also agree that in the event of any change in the
plan, the Trustees of the current medical program will be given
sixty (60) days notice.
Section 11. Medical Program for Employees Hired after May 22,
1994:
Any employee hired after May 22, 1994 will not be provided with
group insurance pursuant to the provisions set forth above for
the term of this Agreement.
Instead, any newly hired employee will be provided with the Take
Care Select Plus medical program for the first four (4) years of
their employment. Entitlement to said medical benefits shall be
the same as entitlement for all other employees as set forth in
this Article XIV.
It is the intention of the parties hereto that the benefits
described in this Section shall be maintained throughout the term
of this Agreement.
Premiums for such benefits are determined from time to time by
the Board of Trustees.
Each Employer agrees to pay up to the maximum amount set forth
below as the premium to provide such benefits: Effective May 23,
1994, $253.00 per month; effective October 1, 1994, $266.00 per
month; effective October 1, 1995, $283.00 per month; and
effective October 1, 1996, $303.00 per month.
ARTICLE XV
PENSION
The Employer will make contributions to the Western Conference of
Teamsters Pension Trust Fund (hereinafter to be referred to as
the Plan) for the benefit of employees within the bargaining
unit. This Employer shall continue contributions to such Trust
in accordance with its terms for all hours worked or paid for, as
provided in Appendix A.
The parties agree that because the Trustees of the Fund will rely
on the execution of this Agreement to not reduce benefits to
retiring employees as indicated above, this Section shall not be
modified, terminated or rescinded by the parties, directly or
indirectly, without the express written consent of the Trustees.
The Employer and the Union agree to execute the necessary Trust
documents required by the Trustees of the Western Conference of
Teamsters Pension Trust as a condition of participation in such
Trust.
In the event that Federal or State legislation requires a
revision of the Plan which results in a higher contribution rate
to meet such requirements, it is agreed that the increased
contribution rate will come out of the wage package.
For the period April 2, 1994 through July 31, 1994, the Employer
will continue to contribute pension contributions to the Western
Conference of Teamsters Pension Trust Fund ("WCTPTF") in the same
amount as contributed under the previous Collective Bargaining
Agreement for all hours compensated whether worked or paid for.
Accordingly, Employers who participated in the Enhanced Early
Retirement, PEER/84, shall pay contributions of Three Dollars and
Fourteen-Cents ($3.14) per hour for the period April 2, 1994
through July 31, 1994. Employers who did not participate in
PEER/84 shall pay contributions of Two Dollars and Ninety-Five
Cents ($2.95) per hour for the period April 2, 1994 through
July 31, 1994.
Effective January 1, 1994 there shall be a yearly maximum of two
thousand and seventy-six (2076) hours per year (January 1 through
December 31).
Effective August 1, 1994 the contribution to the WCTPTF for all
Employers shall be increased to a total contribution of Three
Dollars and Forty-Four Cents ($3.44) per hour so as to provide
for the Program for Enhanced Early Retirement, "PEER/80".
Accordingly, those Employers previously paying Two Dollars and
Ninety-Five Cents ($2.95) per hour will increase their hourly
contribution by Forty-Nine Cents ($.49). Those Employers
previously participating in PEER/84 shall increase the amount of
their hourly contribution to the WCTPTF by Thirty Cents ($.30).
The contributions required to provide for the Program for
Enhanced Early Retirement (PEER/80) will not be taken in
consideration for benefit accrual purposes under the Plan. The
additional contribution for PEER must at all times be sixteen and
one-half percent (16.5%) of the basic contribution and cannot be
decreased or discontinued at any time.
The Pension contribution shall be made to the appropriate
administrative office designated by the WCTPTF in accordance with
Trust rules, computed monthly and paid not later than the tenth
(10th) of the following month.
ARTICLE XVI
SAFETY AND WORKING CONDITIONS
Where special protective clothing and other devices (other than
safety shoes) are required to be worn or used, the same shall be
furnished at the expense of the Employer. Further, each affected
Employer will provide for operative air conditioners in all
cement trains when present equipment is replaced or new equipment
is purchased.
ARTICLE XVII
LEAVES OF ABSENCES
Leaves of absence without pay may be granted by the Employer to
any employee for any reasonable cause, including illness or
injury. Application for leave of absence must be made in writing
to the representative of the Employer designated by him for such
purpose and be approved in writing by such Employer's
representative. Generally, such leave of absence will be for a
period of not more than thirty (30) days, but may be extended
for a reasonable cause for additional periods of thirty (30) days
up to a maximum of ninety (90) days, upon written request of the
employee, by mutual agreement between the Employer and the Union.
Any employee who, while on leave of absence, obtains employment
with another employer without having obtained prior permission to
do so from the Employer and the Union shall be subject to
immediate discharge.
ARTICLE XVIII
TRAINING AND UPGRADING FUND
The parties have established a Teamsters Rock Products and Ready
Mixed Concrete Industries Training and Upgrading Fund and Trust.
The Employer agrees to continue to pay the following sums per
hour for all hours worked or paid into this Training and
Upgrading Fund:
Effective April 1, 1994 through May 22, 1994 the sum of twenty-
seven cents ($.27) per hour.
Effective May 23, 1994 through March 31, 1995 the sum of twenty-
cents ($.20) per hour.
Effective April 1, 1995 and thereafter for the duration of this
Agreement, the hourly contribution amount may be increased as
determined by the Fund's Trustees to a maximum of twenty-five
cents ($.25) per hour.
The monies paid into this Fund are to be used for the training
and/or upgrading (including apprenticeship, if applicable) of the
skills of present employees and applicants for employment
pursuant to that certain Trust Agreement referred to as the
Teamsters - Rock Products and Ready Mixed Concrete Industries
Training and Upgrading Fund and Trust.
ARTICLE XIX
JOB PROTECTION
It is the intent of the parties to this Agreement to protect the
work performed by employees in the bargaining unit.
The Employer recognizes that it is important and desirable to
utilize its own equipment and drivers to the greatest extent
possible prior to using sub-haulers and/or non-Company trucks.
The Union recognizes that under certain conditions, such as those
dictated by customer demands, equipment requirements, daily
dispatch determinations, materials to be hauled and similar
factors, that sub-haulers and/or non-Company trucks are necessary
and have been so utilized throughout the Industry for many years.
The Employer in accordance with the above, must, however,
determine the number, type and location of its working equipment
in conformity with its business requirements. The Employer
further must be able to determine, in keeping with sound business
practices, the extent to which it will replace equipment which is
too costly to operate, obsolete or damaged.
Under these conditions, the Employer agrees that sub-haulers
and/or non-Company trucks will not be utilized as a subterfuge to
defeat the protection of the bargaining unit work.
In keeping with the above, the Union recognizes that the Employer
will utilize such sub-haulers and/or non-Company trucks as
required by location and classification only after all the
available Company trucks at such locations and in similar
classifications have been initially dispatched.
The parties hereto specifically agree that industry practices for
the period of the 1990-1994 contract will prevail in the
application of this Article.
ARTICLE XX
USE OF PERSONAL VEHICLES
When an employee is required to use their own personal vehicle to
report to other than their base location, they shall be allowed
twenty-five cents ($.25) per road mile round trip from their
established base to their reporting location, provided the new
location is further from the employee`s residence than the
employee's base location. Least senior employees in the required
classification groupings will not have the right to refuse such
dispatch.
ARTICLE XXI
PERIOD OF AGREEMENT
This Agreement shall become effective April 2, 1994, and shall
remain in full force and effect to and including April l, 1997,
and shall remain in full force and effect from year to year
thereafter, unless either party hereto has given written notice
to the other of their desire to have the same changed, modified,
or terminated; such notice must be given at least sixty (60) days
prior to April 1st of 1997 or a later year. If such notice is
not given, this Agreement is to stand as renewed for the
following year. If such notice is given, the Agreement
terminates at midnight of the immediately following April lst.
In addition the Employer agrees to enter into bargaining talks
for wage and benefit increases in this Agreement, if and when the
Union produces evidence of a signed Labor Agreement between the
Teamsters Union and ▇▇▇▇▇▇▇▇▇'▇ Ready Mix.
ARTICLE XXII
MANAGEMENT'S RIGHTS CLAUSE
The Union acknowledges that all rights and prerogatives of
management which the Employer had prior to the execution of this
Agreement are retained solely and exclusively by the Employer,
without limitation, except as specifically modified by the
express terms of this Agreement.
ARTICLE XXIII
DRUG AND ALCOHOL SCREENING
The parties recognize the problems which drug/alcohol abuse have
created in the Construction Industry and the need to develop drug
abuse prevention programs. Accordingly, the parties agree that
in order to enhance the safety of the workplace and to maintain a
drug-free work environment, the Employer may require applicants
or employees to undergo drug screening. The parties agree that
if a screening program is implemented by the Employer, the
following items have been agreed upon by Labor and Management:
1) It is understood that the use, possession, transfer, or sale
of illegal drugs, narcotics, or other unlawful substance is
absolutely prohibited while employees are performing work under
the applicable Agreement.
2) All applicants will undergo a drug screen at the direction
of the Employer.
3) Applicants not passing the drug screen will not be placed on
the Employer's payroll or receive any compensation. Employees
not passing the drug screen will be removed from the Employer's
payroll. The Employer agrees to pay the cost for administering
the drug screen.
4) The Employer may require that an employee be tested for
drugs where the Employer has reasonable cause to believe that the
employee is impaired from performing his/her job. Observation
should be made by at least two (2) persons, one of whom may be a
Union employee. In the absence of a second person, the Employer
may send the employee to be tested if the Union is notified
immediately of the incident. This provision shall be applied in
a non-discriminatory manner. For employees who refuse to take a
test where the prerequisites set forth in this paragraph have
been met, there will be a "non-rebuttable" presumption that the
test result would have been positive for an unlawful substance.
5) An Employer may require that an employee who contributed to
an accident be tested for drugs/alcohol.
6) There will be no random drug testing by the signatory
Employer, except as mandated by State/Federal regulations.
7) No prescription drug shall be used by anyone other than the
person for whom the prescription is written. It is understood
that the unsafe use of prescribed medication, or where the use of
prescribed medication impairs the employee's ability to perform
work, is a basis for removal.
8) A sufficient amount of sample shall be taken to allow for an
initial test and a confirmation test. The initial test will be
an Enzyme Multiplied Immunoassay Technique (EMIT). In the event
a question or positive result arises from the initial test, a
confirmation test must be utilized before action can be taken
against the employee or applicant. The confirmation test will be
by Gas Chromatography - Mass Spectrometry (GC/MS). The cutoff
levels for both the initial test and confirmation test will be
those established by the National Institute of Drug Abuse.
Confirmed positive samples will be retained by the testing
laboratory in secured long term frozen storage for a minimum of
one (1) year. Handling and transportation of each sample must be
documented through strict chain of custody procedures.
9) Any dispute which arises under this drug policy shall be
submitted to the grievance and arbitration procedure set forth in
the applicable Agreement.
10) In the event an individual Employer is required, as a
condition of contract award, to abide by the terms and conditions
of an owner's drug policy, the Employer will notify the Union in
writing prior to implementing such policy.
11) The establishment or operation of this policy shall not
curtail any right of an employee found in any rule or regulation.
Should any part of this policy be found unlawful by a court of
competent jurisdiction or a public agency having jurisdiction
over the parties, the remaining portions of the policy shall be
unaffected and the parties shall enter negotiations to replace
the affected provision. Nor shall this language alter, replace,
or supersede any company policy which may be in place at the time
of ratification unless deemed unlawful as described in the
preceding sentence.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the 27th day of October, 1994.
FOR THE UNION: FOR THE EMPLOYER:
Teamsters Building Material and Transit Mixed Concrete
Dump Truck Drivers Local Union
No. 420
By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ By:
Secretary-Treasurer
Title:
Teamsters Local Union 986
________________________________
By: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Secretary-Treasurer
Teamsters Automotive Workers
Local Union No. 495
_______________________________
By: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Secretary-Treasurer
General Truck Drivers, Chauffeurs,
and Helpers Local Union No. 692
_______________________________
By: ▇▇▇▇ ▇. ▇▇▇▇▇
Secretary-Treasurer
ADDENDUM NO. I
LETTER OF UNDERSTANDING
During the course of the 1982 negotiations there were discussion
relative to processing of grievances under Article XI, Section l.
Instances were cited by the Employers of grievances which were
filed and not discussed with them in Step l.
The parties hereby reaffirm that in the interest of the orderly
and prompt settlement of grievances, they should be discussed in
Step l between the Union and the Employer. The Unions signatory
hereto agree that a good faith effort will be made to discuss all
grievances in Step l with the Employer.
APPENDIX A
BENEFIT OR ITEM
Effective
4-2-94 8-1-94
Pension - Article XV:
Western Conference $2.95* $3.44**
*Continuation of current rates in effect on April 1, 1994 through
July 31, 1994 (some Employers participate in the PEER '84 program
at an hourly rate of $3.14 per hour, and they will have hourly
rates nineteen cents ($.19) per hour less than the hourly rates
shown herein from April 1, 1994 through July 31, 1994 after which
their hourly rates will be as contained in Appendix "B".
**This provides for the "PEER 80" program at a basic rate of
$2.95 x 16.5% = $3.44 total
TRAINING AND UPGRADING 4-1-94 6-1-94 4-1-95
HOURLY RATES: $ .27 $.20 up to max
of $.25 as
determined
by Fund
Trustees
HEALTH AND WELFARE
If Plan G is currently in effect it will continue as per the
1990-1994 Agreement through 6-30-94, thereafter the following
benefits will prevail:
4-1-94 6-1-94 7-1-94 10-1-94 10-1-95 10-1-96
Med Plan E $303.00 $303.00 $303.00 $313.00
Dependent
Vision $ 3.00 $ 3.00 $ 3.00 $ 3.00
Dental $ 31.50 $ 31.50 $ 31.50 $ 31.50
Pres. Drugs $ 28.70 $ 32.00 $ 32.00 $ 32.00
Retiree Plan E $ 61.00 $ 61.00 $ 61.00 $ 61.00
LTD $ 15.50 Discontinued as of 6-1-94
Retiree
Industry
Plan $ 24.00 $ 24.00 Plan transferred to Miscellaneous
Trust as of 7-1-74
Totals: $466.70 $454.50 $430.50 $450.00 $475.00 $500.00
"APPENDIX B"
CLASSIFICATIONS WAGE RATES
4-2-94 5-23-94 4-1-95 4-1-96
Drivers of Water Trucks
Under 2,000 Gallons $17.15 $14.95 $15.20 $15.45
2,000 to 4,000 Gallons 17.25 15.05 15.30 15.55
4,000 Gallons and Over 17.30 15.10 15.35 15.60
Drivers of Plant and Pit Trucks
under 12 tons 17.15 14.95 15.20 15.45
12 tons to 20 tons 17.25 15.05 15.30 15.55
20 tons to 50 tons 17.30 15.10 15.35 15.60
50 tons and over 17.35 15.15 15.40 15.65
Drivers of 2-Axle Dump Trucks 17.10 14.90 15.15 15.40
Drivers of 3-Axle Dump Trucks 17.15 14.95 15.20 15.45
Drivers of Semis Under 14 Tons 17.20 15.00 15.25 15.50
Drivers of Truck-Trailer and Semis 17.25 15.05 15.30 15.55
Drivers of Cement Trains 17.25 15.05 15.30 15.55
Drivers of Mixer Trucks
Under 9 Cubic Yards 17.85 15.65 15.90 16.15
9 Cubic Yards and Over 17.95 15.75 16.00 16.25
Drivers of Flats Under 5 Tons 17.10 14.90 15.15 15.40
Drivers of Flats Over 5 Tons 17.20 15.00 15.25 15.50
Drivers of Flats Truck-Trailers
& Semis 17.30 15.10 15.35 15.60
**Drivers of Mobile Service Trucks 17.35 15.15 15.40 15.65
Mobile Sweeper Drivers
(licensed for highway use) 17.35 15.15 15.40 15.65
Drivers of Bulk Fuel Trucks 17.35 15.15 15.40 15.65
Warehousepersons 17.05 14.85 15.10 15.35
Automotive Repairpersons 20.95 18.75 19.00 19.25
Batch Plant Operators (manual) 18.05 15.85 16.10 15.45
Bunkerperson 17.05 14.85 15.10 15.35
Gas Station Operators
and/or Fuelers 17.05 14.85 15.10 15.35
Loaders 17.10 14.90 15.00 15.25
Washers 17.10 14.90 15.00 15.25
Greasers 17.20 15.00 15.25 15.50
***Tirepersons 17.20 15.00 15.25 15.50
Chippers 17.30 15.10 15.35 15.60
**A Mobile Service Truck is defined as a vehicle equipped with
portable powered lubrications equipment.
***On any day in which a Tireperson spends a majority of their
time working on 1400 or larger tire sizes, they shall receive
five cents ($.05) per hour premium for the entire day.
The rates described above for the period April 2, 1994 through
July 31, 1994 are correct for all Employers who did not
participate in the PEER/84 Program. All Employers who did
participate in the PEER/84 Program for the period April 2, 1994
through July 31, 1994 shall pay their employees Nineteen Cents
($.19) per hour less than the rates described above.
EXHIBIT I
TEAMSTERS LOCAL UNIONS' JURISDICTIONAL BOUNDARIES
LOCAL 420 Northern Boundary:
Six miles into mountains from Foothill Boulevard from Eastern
Boundary (described below) to Balboa Boulevard and Highway 5
straight west across mountains to Ventura County line.
Western Boundary:
Ventura County line.
Southern Boundary:
North side of ▇▇▇▇▇▇▇ Boulevard from the coastline to the Orange
County line east to Main Street in Corona.
Eastern Boundary:
All Orange County, Main Street in Corona in straight line north
along ▇▇▇▇▇▇▇▇ Avenue north to the mountains.
LOCAL 495
Northern Boundary:
South side of Rosecrans Avenue from the coastline east to the
Orange County line.
Southern and Western Boundaries:
The coastline south of Rosecrans Avenue south to the Southern
Boundary of Orange County (including Catalina Island).
Eastern Boundary:
Northern and Eastern boundaries of Orange County
LOCAL 692
Northern Boundary:
East on ▇▇▇▇▇▇▇ Boulevard, to ▇▇▇▇▇▇▇▇, then North to Rosecrans
and East to the Orange County line. (Note: From Atlantic to
Locoweed, ▇▇▇▇▇▇▇ Boulevard is called Somerset.)
Southern and Western Boundaries:
The coastline south of ▇▇▇▇▇▇▇ Boulevard South to Northern
boundary of Orange County (including Catalina Island).
Eastern Boundary:
Orange County line:
LOCAL 986
Southern Boundary:
North side of the mountains west to the same Northern Boundary as
Locals 63 and 420 and east to San Bernardino County line.
Western Boundary:
Ventura County line, north of Northern boundary for Local 420 to
▇▇▇▇▇▇.
Northern Boundary:
From ▇▇▇▇▇▇ cut across northeasterly between Tehachapi and
Mojave, including Johannesburg and Trona.
Eastern Boundary:
Nevada State line south to San Bernardino County line. Roughly,
the jurisdictional boundaries include the Eastern one-third of
▇▇▇▇ County and all of Inyo and Mono Counties.
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I Recognition, Union Shop 2
ARTICLE II Work Stoppages 5
ARTICLE III Hours and Work 5
ARTICLE IV Wages 6
ARTICLE V Overtime Pay 12
ARTICLE VI Reporting Allowances 12
ARTICLE VII Paid Holidays 13
ARTICLE VIII Vacations 14
ARTICLE IX Discharges 16
ARTICLE X Seniority 17
ARTICLE XI Grievance Procedure 30
ARTICLE XII Jurisdiction of Local Unions 33
ARTICLE XIII Bargaining 34
ARTICLE XIV Group Insurance Plan 34
ARTICLE XV Pension 37
ARTICLE XVI Safety and Working Conditions 39
ARTICLE XVII Leaves of Absences 39
ARTICLE XVIII Training and Upgrading Fund 39
ARTICLE XIX Job Protection 40
ARTICLE XX Use of Personal Vehicles 41
ARTICLE XXI Period of Agreement 41
ARTICLE XXII Management's Rights Clause 41
ARTICLE XXIII Drug and Alcohol Screening 42
ADDENDUM #1 Letter of Understanding 45
APPENDIX A Fringe Benefits ▇▇
▇▇▇▇▇▇▇▇ ▇ Wages 48
EXHIBIT I Local Union Jurisdictional Boundaries 50