TABLE OF CONTENTS
ARTICLE PAGE
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I Purpose of Agreement 2
II Scope of Agreement 2
III Status of Agreement 3
IV Union Security 3
V License and Exams 4
VI Safety and Training 6
VII Equipment 8
VIII Personal Time Off / Sick Leave Reporting 9
IX Leave of Absence 9
X Vacations 12
XI Holidays 15
XII Funeral Leave 17
XIII Free Transportation 17
XIV Work Stoppage, Strikes, Picketing and
Lockouts 17
XV Representation and Grievance Procedure 17
XVI Board of Adjustment 20
XVII Discipline and Discharge 23
XVIII Seniority 24
XIX Jury Duty 27
XX Savings Clause 27
XXI Health & Welfare Benefits 27
XXII Pensions 28
XXIII Paid-for Time 29
XXIV Duration 30
Schedule A - Wages 31
Letter of Agreement 32
Health and Welfare and Pension Rates 34
THIS AGREEMENT Is made and entered into this day of
1998 in accordance with accordance the provisions of Title II of the
Railway Labor Act, as amended by "Company," and the INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA LOCAL NO. 41, hereinafter referred to as the "Union," and
representing all employees of the Company employed as over-the-road
truck drivers and hostlers as certified by the National Mediation Board
on December 13, 1951.
ARTICLE I
Purpose Of Agreement
(a) The purpose of this Agreement is, in the mutual interest
of the company and the employees, to provide for the
operation of the services of the company under methods
which will further, to the fullest extent possible, the
safety of air transportation, the efficiency of operation,
and the continuation of employment under reasonable
working conditions. It is recognized by this Agreement to
be the duty of the Company and the employees to cooperate
fully, both individually and collectively, for these
purposes.
(b) No employee covered by this Agreement will be interfered
with, restrained, coerced, or discriminated against by the
Company, its officers or agents, because of membership in
or lawful activity on behalf of the Union, nor shall
either the Company, its Officers, or agents, or the Union,
its officers, or agents, discriminate against any employee
or member on account of race, color, creed, national
origin, sex, religion, handicap, age, or disability. This
paragraph (b) reaffirms the long standing mutual practice
of both of the parties to this Agreement.
(c) It is understood that wherever in this Agreement employees
or jobs are referred to in the masculine gender, it shall
be recognized as referring to both male and female
employees.
ARTICLE II
Scope
(a) All work the Company performs that is generally recognized
as over-the-road truck driving shall be within the
jurisdiction of the international Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of
America, and is covered by this Agreement.
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(b) This Agreement shall not apply to any over-the-road truck
driving operation to be performed, wholly or in part,
outside the Continental United States.
(c) Employees covered by this Agreement shall be governed by
all reasonable rules, regulations, and orders previously
or hereafter issued by the Company which are not in
conflict with the terms and conditions of this Agreement
and which have been made available to the affected
employees prior to becoming effective. Nothing in these
rules and regulations and/or this Agreement shall be
construed to limit or deny to any employee herein covered
an rights or privileges to which he may be entitled under
the provisions of the Railway Labor Act, as amended, or to
deny him recourse to any action he might have pursuant to
any other applicable Federal statute.
ARTICLE III
Status of Agreement
This Agreement constitutes the total agreement between the Company and
the Union affecting the class and craft of employees covered herein.
The Union specifically recognizes and agrees that no past, current or
future practice shall be construed or argued to in any way bind the
Company or restrict any of its rights under this Agreement. This
Agreement expressly supersedes any prior collective bargaining
agreements, amendments, Agreements in Principal, and letters of
agreement between the Company and the Union.
ARTICLE IV
Union Security
(a) The Employer recognizes and acknowledges that the Union is
the exclusive representative of all employees in the
classification of work covered by this Agreement for the
purposes of the Railway Labor Act, as amended, as
certified by the National Mediation Board on December 13,
1951.
(b) All present employees who are members of the Union on the
effective date of this Agreement shall remain members of
the Union in good standing as a condition of employment.
All present employees who are not members of the Union and
all employees who are hired hereafter shall become and
remain members in good standing of the Union as a
condition of employment on or after the 31st day
following the beginning of their employment or on and
after the 31st day following the effective date of this
Agreement, whichever is the later.
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(c) When the Employer needs additional men, it shall notify
and give the Union equal opportunity with all other
sources to provide suitable applicants, but the Employer
shall not be required to hire those referred by the Union.
ARTICLE V
Licenses and Examination
(a) All employees shall be required to comply with all
applicable federal and state licensing and examination
requirements.
(b) In the event an employee receives a traffic citation for a
moving violation which would contribute to a suspension or
revocation, or suffers a suspension or revocation of his
right to drive the Employer's equipment for any reason,
he must promptly notify the Company in writing. Failure
to so notify the Company will subject the employee to
disciplinary action up to and including discharge. If
such license suspension or revocation comes as a result of
the employee complying with the Company's instruction
which results in a succession of size and weight
penalties, or because he complied with the Company's
instruction to drive Company equipment which is in
violation of D.O.T. regulations relating to equipment, or
because the Company's equipment did not have either a
speedometer or a tachometer in proper working order, and
if the employee has notified the Company of the citation
for such violation as above mentioned, the Company shall
provide employment for such suspension for the entire
period thereof.
(c) It shall be the Company's right to determine the physical
and mental requirements of any job covered by this
Agreement. Further, the Company shall have the right to
determine whether an individual employee's physical and
mental conditions meet the physical and mental requirement
of is job. Employees entering the service of the Company
shall be required to undergo a physical examination. All
regular and probationary employees shall be required to
undergo annual physical examinations. However, if the
Company determines such is necessary, an employee may be
required to undergo more frequent physical or mental
examinations to determine whether the employee continues
to be qualified to perform his job.
(1) The costs incurred for such examinations shall be
borne by the Company.
(2) The Company shall notify each employee by letter
dated on or about the employees birthday that the
employee is required to undergo an annual D.O.T.
physical examination and shall further inform the
employees as to the identity and location of the
medical examiner. It shall be the employee's
responsibility to make the necessary appointment and
to undergo such physical within fourteen days
following his birthday.
(a) The employee shall not be required or
permitted to schedule such physical
examination during his working hours.
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(b) The Company shall pay the employee, at this
regular hourly rate, only for time spent at
the place of examination in excess of two
hours.
(3) At any time the Company suspects that an employee may not
be physically or mentally qualified to perform his job or
that an employee jeopardizes the safety of the Company's
operations, the employee may be required to undergo a
physical or mental examination to determine his fitness
for duty.
(a) Such examination shall be scheduled by the Company
and shall take place within two working days from
the time that the decision is made by the Company to
require such an examination, and the employee shall
be promptly notified of the time and location of the
examination.
(b) The employee shall be paid at his regular hourly
rate for all time incurred at the place of the
examination.
(c) If, as a result of the Company's having required the
employee to undergo such an examination, the
employee is held out of service and after such
examination the Company determines that the employee
was physically and mentally capable of performing
his duties and did not jeopardize the safety of the
Company's operations at the time he was held out,
the Company shall be responsible for any wages the
employee would have earned during the period in
which he was held out of service.
(4) If the Company's doctor's findings as to the employee's
physical or mental condition are contested by the
employee's doctor, then the dispute as to the employee's
physical or mental condition and fitness for duty shall be
submitted for resolution to an impartial third party
medical doctor. The decision of the impartial third party
doctor as to the employee's physical and/or mental
condition and fitness for duty shall be final. The
Company shall then determine, based upon the findings of
the impartial third party doctor, whether the employee
meets the requirements of his job. If it is determined at
this time or subsequently through the grievance procedure
that the Company has improperly held the employee out of
service, the employee shall be entitled to back wages for
such period as he was not permitted to work and was
physically and mentally able to do so.
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(5) The physical or mental examinations referred to above
shall take place in the Kansas City Metropolitan Area
unless the Company and the employee agree otherwise
ARTICLE VI
Safety and Training
(a) The Company agrees to maintain safe, sanitary and
healthful conditions and to provide proper first aid and
safety equipment on all trucks.
(1) No employee will be required to engage in any
activity involving known dangerous conditions of
work or danger to person or property or in violation
of any applicable statute or court order, or in
knowing violation of a government regulation
relating to safety of person or equipment. The term
"dangerous conditions of work" shall not relate to
the type of cargo which is hauled or handled.
(2) Employees shall not be required to operate any
equipment on the public streets or highways that is
not in a safe operating condition, including but not
limited to equipment which is acknowledged to be
overweight or which is not equipped with the safety
appliances prescribed by law, except as is provided
in paragraph (b) below.
(a) It shall not be a violation of this Agreement
if an employee refuses to operate equipment he
reasonably believes to be in an unsafe
operating condition or not properly equipped
with the safety appliances condition unless
such refusal is later determined to have been
unjustified.
(b) All equipment which is refused because it is
believed to be in an unsafe prescribed by law
shall be appropriately tagged so that it
cannot be used by any other driver on the
public streets or highways, but for transfer
to the local maintenance station, until the
reason for the refusal has been corrected or
the refusal has been determined to be
unwarranted.
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(b) All employees are required to abide by all safety
requirements imposed by the Company and the Company's
equipment leasing agent. Further, all employees are
require to comply with all applicable federal, state and
local statutes, ordinances and regulations affecting the
operation of motor vehicles, safety and health.
(1) Any employee directed by the Company to
perform his job in a manner which would
violate this paragraph shall not be subject to
discipline for complying with such directive.
(2) Employee are required to utilize the seat
belts and safety harnesses provided at all
times while their vehicle is in motion.
(c) Any employee involved in an incident or accident which
results in damage to the Company equipment or other
property shall immediately, where possible, report to a
dispatcher or supervisor on duty at the home terminal and
also where applicable to the local supervisor on duty upon
the employees arrival at the next Company station.
(1) When directed by the Company, the employee
shall complete all forms provided by the
Company regarding the incident or accident and
shall provide all information known to the
employee that may be requested.
(2) Employees shall be responsible for the
completion of any accident, injury or damage
report required of driver of a motor vehicle
by any state or local authority as a result of
an incident or accident involving Company
vehicles or equipment and further shall be
responsible for informing the Company that
such a report was required and completed.
Where possible the employee shall request a
copy of such report be mailed to the Company.
(3) Where an employee has been involved in an
incident or accident resulting in damage to
persons or property, he shall at that time
make all reasonable attempts to ascertain as
much information regarding such incident or
accident as possible as directed by the work
rules and policies of the Company.
(d) Drivers shall immediately following the end of a trip
complete a vehicle condition report as provided by the
Company. A copy of such report shall be given to the
Company, and a copy shall remain in the vehicle for
inspection by the next driver operating such unit.
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(e) Each employee shall complete training regarding the
operation of the Company's equipment as may be required by
the Company or the Company's equipment leasing agent,
prior to the operation by that employee of such equipment.
Refusal by an employee to complete either first-time
training or recurrent training regarding the operation of
the Company's equipment as he may from time to time be
directed to undergo shall result in that employee being
suspended from duty until such time as he has successfully
completed such training.
ARTICLE VII
Equipment
(a) The Company shall provide equipment in compliance with the
current U.S. D.O.T. Federal Motor Carrier Safety
Regulations.
(1) All equipment shall be marked for height.
(2) No employee shall be required to drive a tractor
designed with the cab under the trailer.
(3) The suspension system and shock absorbers of the
vehicle shall be provided and maintained as
recommended by the manufacturer of the equipment.
(4) Any violation of the above, including maintenance of
existing equipment shall not be cause for refusal of
that equipment unless the refusal is based upon an
equipment defect directly and reasonably related to
safety.
(b) In the event of equipment failure which either renders the
vehicle inoperable or jeopardizes the continued safety of
the operation, the driver shall immediately notify the
dispatcher or supervisor on duty at the home terminal, and
further shall immediately notify the Company's equipment
leasing agent of such equipment failure, who each shall
instruct the employees as to the procedures to be followed
with regard to the cargo being hauled and the repair of
the equipment.
(c) The mechanical failure of the heating or air conditioning
equipment shall not be the basis for an employees refusal
to continue a trip. In the event of a mechanical failure
of the heating or air conditioning equipment, the driver
shall notify the Company and the Company's equipment
leasing agent of such failure. It shall be the Company's
right to determine whether the trip is to continue. This
determination is to be made based upon economic
considerations, existing climatic conditions, driver
comfort and safety of the continued operation of the
equipment. The foregoing provision shall not abrogate the
employee's rights under Article VI(a)(2)(a) of the
Agreement.
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ARTICLE VIII
Personal Time Off / Sick Leave Reporting
(a) Employees shall be granted five (5) personal days off
without pay to be taken each contract year. Employees
hired during any contract year will receive 1 day of
personal time off without pay for each 3 months of service
and thereafter granted 5 days in any subsequent contract
year. All requests for personal time off must be
submitted with a minimum of twelve (12) hours advance
notice and must be approved by the Company. No carryover
of personal time off to a subsequent contract year will be
permitted.
(b) It is the responsibility of any employee who is unable to
work because of sickness or injury to immediately report
such inability to work and the reason therefore to the
dispatcher or supervisor on duty at the home station, and
further to continue to apprise the Company of his
condition and any changes which might affect his return to
work.
(c) The employees covered by this Agreement, and the Union,
recognize an obligation to be truthful and honest and to
prevent unnecessary absences and other abuses of sick
leave.
ARTICLE IX
Leaves of Absence
(a) An employee hereunder shall, upon proper written
application and approval from both the Company and the
union, be granted a leave of absence in writing for a
period not in excess of ninety (90) days.
(1) An employee granted a leave of absence shall retain
and continue to accrue seniority.
(2) Leaves of absence may be extended for additional
ninety (90) day periods upon further written
application to and permission from both the Company
and the Union, except as provided below.
(3) Notwithstanding the ninety (go) day limitation
stated above, Where special circumstances dictate
that such is reasonable and necessary, a leave of
absence may be extended for longer periods. It
shall be the employee's responsibility to request
extensions, where required, of his leave of absence
in writing to the Company and the Union.
(4) An employee returning from an authorized leave of
absence, other than a medical leave of absence, must
give notice of return in writing to the Company and
to the Union at least ten days prior to his
anticipated date of return.
(5) All employees returning from an authorized leave of
absence shall be placed on the board until such time
as the next bid occurs.
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(6) Personal leaves of absence for reasons other than as
set forth in paragraphs (b), (c), and (d) below
shall be granted only when the requirements of
service permit.
(b) All employees requesting a medical leave of absence due to
personal illness or injury, or industrial injury, shall
make application for such upon forms to be provided by the
Company. This application must be accompanied by a
physician's statement regarding the employee's condition,
and shall be submitted as soon as is practically possible
after the need for such medical leave of absence arises.
(1) In no case shall a medical leave of absence be
extended to exceed three (3) years.
(2) Twenty-five (25) days prior to the expiration of a
medical leave of absence or any extension of such
leave, the Company will send a written notice to the
employee advising him that he must give notice of
intent to return per paragraph (a)(4) above or
request an extension of such leave per paragraph
(a)(3) above.
(3) Any employee requesting to return to work from a
medical leave of absence or who is requesting a
medical leave of absence or an extension of a
medical leave of absence may be required to provide
a physicians report setting forth a complete and
detailed statement as to the employees physical or
mental condition, including a diagnosis and
prognosis of such condition.
(a) The Company shall have the right to determine
whether the employee's physical or mental
condition meets the requirements of his job.
(b) The Company may require such an employee to
undergo an independent medical examination by
a qualified physician selected by the company.
(c) In the event the employees doctor and the
Company's doctor disagree as to the employees
physical or mental condition, then the dispute
as to the employees physical or mental
condition shall be submitted to an impartial
third party medical doctor in accordance with
the provisions of Article V(c)(4).
(d) An employee' who is denied a medical leave of
absence by the Company and either fails within
seven (7) days to, in writing, request a third
party doctor's examination pursuant to Article
V(c)(4), or who is denied a third party doctor's
examination due to a lack of a dispute regarding
his physical or mental condition, or who is
examined by the third party doctor pursuant to
Article V(C)(4) and based upon that doctor's
findings as to the employee's physical or mental
condition is determined by the Company to be able
to perform his job duties, and who then refuses
to report to work shall be terminated.
(c) Employees accepting full-time employment with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America or its Local No. 41, as an officer, a financial
secretary or business agent shall be granted an indefinite leave of
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absence by the Company for the period so employed as
long as this Union remains the exclusive bargaining
agency of the employees covered by this Agreement.
(d) An employee elected to a state or national public
office in which the duties of that office require a
leave of absence from the employment of the Company
shall be granted such a leave of absence for the
term of that elective office, but not to exceed the
duration of this Agreement.
(e) Nothing herein shall impair any rights that an
employee may have under federal statute or
regulation arising as a result of his employment
with the Company having been voluntarily or
involuntarily interrupted by active military duty,
by reserve training activities, or by reporting for
examinations to determine his fitness for military
service. An employee on a leave of absence from the
Company due to a military obligation shall be
required to make application for return to work
within ninety (90) days following his discharge or
release from such military obligation or shall
forfeit all seniority rights and his name will be
stricken from the seniority roster. In case of
temporary or partial disability which makes it
impossible for the employee to return to work within
ninety (90) days after his discharge or release from
military duty, special arrangements will be made by
the Company and the Union for a proper extension of
time.
(f) Excepting as provided in paragraphs (c), (d), and
(e) above, an employee while on leave of absence
engaging in gainful employment either for himself or
another without prior written permission from both
the Company and the Union shall forfeit his
seniority rights and his name will be stricken from
the seniority roster.
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ARTICLE X
Vacation
(a) Employees shall be eligible for annual paid vacations in
accordance with the number of days of vacation leave earned and
accrued in the prior calendar year as set forth below:
Months of Active
Service Prior Years Of Active Service
to January 1 Completed Prior to January 1
------------ ----------------------------
Less 20 and
Than 2 2-10 10-15 15-20 Over
------ ---- ----- ----- ----
1 0 1 1 2 2
2 1 2 3 4 5
3 1 3 4 6 7
4 2 4 6 8 10
5 2 5 7 10 12
6 3 6 9 12 15
7 3 7 10 14 17
8 4 8 12 16 20
9 4 9 13 18 22
10 5 10 15 20 25
11 5 11 16 22 27
12 6 12 18 24 30
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For Those Employees Hired After April 1, 1998
---------------------------------------------
Months of Active
Service Prior Years of Active Service
to January 1 Completed Prior to January 1
------------ ----------------------------
Less 16 and
Than 2 2-10 10-15 Over
------ ---- ----- ----
1 0 1 2 2
2 0 2 3 4
3 1 3 4 6
4 1 4 6 8
5 2 4 6 8
6 2 5 8 10
7 3 6 9 12
8 3 7 11 14
9 4 8 12 16
10 4 9 14 18
11 5 9 14 18
12 5 10 15 20
(1) Active service shall not include the time that an employee
is laid off from the service of the Company or on a leave
of absence excluding a military leave.
(2) An employee who has been in the active service of the
Company for fifteen (15) days in a month shall, for the
purposes of accruing vacation leave, be considered to have
worked in the service of the Company for the entire month.
(3) An employee must have completed at least sick (6) months
of active service with the Company before he will be
eligible to use vacation days earned and accrued from the
prior year.
(4) An employee recalled from layoff or returning from a leave
of absence will accrue vacation leave from the date of
return to service in accordance with paragraph (a) above,
which vacation leave may be taken in the next calendar
year.
(5) Notwithstanding anything to the contrary above, an
employee who works less than sixty percent (60%) of the
total working days in a calendar year shall neither earn
nor accrue vacation leave days in that year.
(6) Vacation leave is not cumulative and must be taken during
the calendar year following the calendar year in which the
vacation leave was earned or it is forfeited unless an
employee has received a written request from the Company
to forego his vacation during that year.
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(b) For the purposes of this article, six (6) days accrued
vacation leave shall constitute one (1) week's vacation.
On or before November 1, a list or calendar indicating the
periods open for vacation bidding and the number of
employees who will be allowed to bid and take each such
period shall be posted on the drivers' bulletin board in
Kansas City.
(1) Vacation selection shall be by seniority.
(2) The November 1 posting will advise employees that
they will be contacted for vacation selection
between November 5 and November 20. Employees must
be prepared to make their vacation selection when
contacted. Reasonable provisions shall be made by
the Company to secure the selections of employees
who will be absent or on vacation from November 1 to
November 20. Vacation selection lists shall be
posted by December 10.
(3) The vacation week for which an employee shall be
off the board shall be seven (7) days, and the
employee's accrued vacation leave bank shall be
reduced by six (6) days for this vacation period.
(a) Employees shall select their vacation period in
seven (7) day continuous blocks, providing the
employee has a minimum of six (6) days accrued
vacation leave. An employee with less than six
(6) days accrued vacation leave shall take all
such vacation days in one consecutive block.
(b) An employee who does not elect to make a vacation
selection which exhausts his accrued vacation leave
bank will be allowed to utilize the remainder of his
accrued vacation leave days by seniority as the needs
of service permit, throughout the calendar year. Such
vacation leave shall be utilized in six (6) or more
consecutive day blocks, unless the employee has less
than six (6) days accrued vacation leave which shall
be taken in one consecutive block.
(c) Vacation pay shall be computed by dividing the
employee's earning for the prior calendar year by fifty-
two (52) to determine compensation for one week's (six (6)
days) vacation pay. Vacation pay for less than a one week
(six (6) day) period shall be computed by dividing the
employee's one-week vacation pay by six (6) to determine
the employee's daily vacation rate of pay and multiplying
by the number of vacation days to be taken.
(1) In the case of an employee who has been out of work
because of proven illness or injury resulting in
inability to work for a cumulative period of time of
twenty-eight (28) days or more, such employee's one
week vacation pay shall be calculated by dividing
the employee's annual earnings for the prior
calendar year by fifty-two (52), less the number of
weeks of proven illness as outlined herein.
However, periods of injury or illness of less than
seven (7) days duration shall not count towards the
twenty-eight (28) days threshold set forth above.
(2) An employee, upon giving reasonable notice of not
less than two weeks to the Company shall be given
his vacation pay prior to commencing his vacation.
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(3) An employee with fifteen (15) years or more active
service with the Company prior to January 1 shall
have the option of receiving vacation leave
compensation and working in lieu of taking his
fourth and/or fifth (where applicable) week(s) of
vacation leave. An employee who so elects to
receive vacation leave compensation and work in lieu
of taking his fourth and/or fifth week(s) of
vacation must, in order to receive such
compensation, notify the Company in writing at least
two (2) weeks in advance of the regular payday on
which he wants to receive the vacation leave pay
that he has made such an election, provided,
however, that in no case shall an employee who
elects to receive vacation leave compensation in
lieu of taking his fourth an/or fifth week(s) of
vacation be paid such compensation prior to the time
at which he is paid for his first vacation
selection. The employee's accrued vacation leave
shall be reduced by the number of vacation leave
days for which the employee receives compensation.
(4) In case of the death of an employee, any vacation
pay allowance due him shall be paid to the executor
or administrator of his estate, or his legal heir.
(5) An employee who is discharged, resigns or is laid
off, shall be paid for the unused vacation leave
accrued and due him based upon the number of months
worked in the preceding year, in accordance with
paragraph (a) above.
(6) With regard to the vacation leave accrued for those
months worked in the current calendar year, an
employee who is separated, including layoff, from
the service of the Company, shall be paid for such
vacation leave accrued unless he is discharged or
resigns without giving at least two (2) calendar
weeks written notice to the Company.
(d) For those employees hired after April 1, 1998, the number
six (6) is changed to five (5) wherever it appears in
paragraphs (b) and (c) in this Article.
ARTICLE XI
Holidays
(a) Employees eligible for holiday pay shall observe the
following holidays regardless of the day of the week on
which such holiday falls: New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas,
the Employee's Birthday, and a personal holiday.
Employees hired after April 1, 1998 will not be eligible
for the personal holiday.
(1) Holiday pay shall consist of eight (8) hours pay at
the straight time rate of pay.
(2) Employees required to work on a holiday shall, in
addition to any monies the employee may earn on such
holiday, be paid twelve (12) hours pay at the
straight time rate of pay.
(b) (1) In order to qualify for holiday pay, an employee
must, if requested, work the day immediately
preceding and immediately following the holiday
unless the
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employee has exhausted his available hours of work
or is unable to work on account of proven illness,
or such absence is mutually agreed to by the
employee and the Company prior to the holiday.
(2) An employee who has not completed his probationary
period is not eligible for holiday pay for holidays
falling within such probationary period.
(3) If a holiday falls within an employee's regularly
scheduled vacation period he shall receive pay for
such holiday in addition to his vacation pay. An
employee shall not be eligible to work a holiday
falling within his vacation period.
(4) Employees are entitled to holiday pay if the holiday
falls within the first thirty (30) days of absence
due to illness or non-occupational injury, or within
the first six (6) months of absence due to
occupational injury, or during periods of
permissible absence for union business.
(5) An employee shall not be eligible for holiday pay
for any holiday unless he is on the active payroll
on the day in which the holiday falls.
(c) In the event an employee's birthday falls on February
29th, the employee shall observe March 1st as his birthday
holiday. If an employees birthday falls on another of
the holiday specified in paragraph (a) above, the next
following day shall be considered as such other holiday
for that employee.
(d) The date of an employee's personal holiday will be
established by the employee submitting a written request
to the dispatcher at least seven (7) days prior to the
date the employee desires to designate as his personal
holiday.
(1) In the event two or more employees properly request
the same date to be designated as their personal
holiday, the employee(s) with the most seniority
will be granted the day as their personal holiday as
the needs of service permit.
(2) On the day granted as the employee's personal
holiday, he shall be taken off the board unless the
needs of service require the employee to work that
day.
(3) If the employee is subsequently required to work on
the day that he requested and was granted as his
personal holiday, the employee shall have the option
to take holiday pay as provided in paragraph (a)(2)
above in addition to the monies he earns for working
that day, or he may choose to postpone his personal
holiday to another day.
(4) The employee must take his personal holiday in the
current calendar year, or it is waived.
16
ARTICLE XXX
Funeral Leave
In the event of a death in an employees family (father, mother, wife,
husband, brother, sister, son or daughter), the employee shall be
entitled to eight (a) hours pay at the straight time rate of pay for up
to three (3) days to attend the funeral.
ARTICLE XIII
Free Transportation
Employees covered by this Agreement will be afforded free and reduced
fare transportation as established by Company policy and stated in the
Company's Management Policy and Procedure Manual, which from time to
time may be amended by the company at its discretion.
ARTICLE XIII
Work Stoppage, Strikes, Picketing and Lockouts
The Company will not lock out any employee covered hereby and the union
will not authorize or take part in any work stoppage, or picketing of
Company premises during the life of this Agreement until the procedures
for settling disputes involving employees covered by this Agreement and
as provided by the Railway Labor Act have been exhausted. The company
reserves the right to discipline, including discharge any employee
taking part or involved in any violation of this provision of the
Agreement.
ARTICLE XV
(a) Representation
(1) the Company recognizes the right of the Union to designate
stewards and alternates form the Company's seniority list.
The authority of the stewards and alternates so designated
shall be limited to and shall not exceed the following
duties and activities:
(a) The investigation and presentation of complaints,
disputes and grievances below the Step 2 level in
accordance with the provisions of this Agreement;
(b) The transmission of such messages and information
which shall originate with and are authorized by the
local Union or its officers, provided such messages
and information.
(1) have been reduced to writing; or,
17
(2) if not reduced to waiting are of a routine
nature and do not involve work stoppages,
slowdowns, refusal to handle good, or any
other interference with the employer's
business.
(c) Settling grievances or disputes not involving
changes in policy or the intent and purposes of this
agreement.
(2) The ▇▇▇▇▇▇▇, or alternate when acting in the place of the
▇▇▇▇▇▇▇, shall be allowed reasonable access and
availability to all work areas and documents not of a
confidential nature reasonably necessary to investigate,
process and present complaints, disputes and grievances
and in conducting his business shall do so in a proper,
efficient and expedient manner. In so doing he will
contact appropriate management personnel.
(3) The Union will be further represented by the local Union's
designated Business Agent for dealing with regional or
general officials of the Company. The Business Agent
shall, after first notifying the Company official in
charge, be permitted to enter the facilities of the
Company for the purpose of representing employees covered
by this Agreement. The Union shall, at all times, keep
the Company advised through written notice of any change
of authorized representative.
(b) Procedure
The Company and the Union will make every effort to keep
to a minimum the actual time spent in disposing of
grievances, disputes and complaints. The procedure for
presentation and adjustment of disputes, complaints, or
grievances that may arise between the Company and the
Union with reference to interpretation or application of
any provision of this Agreement shall be:
(1) Step 1
Any employee having a complaint or grievance in
connection with the terms of employment, application
of this Agreement, or working condition, will first
discuss the matter with his immediate supervisor.
If unable to secure satisfactory adjustment in this
manner, the employee may present his complaint or
grievance in writing to the ▇▇▇▇▇▇▇ who in turn
will, if in his opinion the complaint is justified,
present the written grievance to the Company's
designated representative. Subject to operational
requirement, a hearing, where necessary, shall be
convened for the purpose of rendering a decision in
the matter. A decision in writing shall be rendered
not later than seven (7) days following the
Company's receipt of the written grievance.
(2) Step 2
(a) If the decision in Step 1 is not satisfactory,
the union's Business Agent may refer the
matter to the Company's designated Staff Vice
President , or his designee. The notice of
intent to appeal the matter to Step 2 must be
made in writing within fourteen (14) days
after the Step 1 decision.
18
Within forty-five (45) days after the Step 2
appeal date, the Staff Vice President or his
designee will meet with the Union's Business
Agent and endeavor to reach a settlement of
the issues involved in the matter appealed.
If unable to resolve the issues, the Company
shall issue a written decision setting forth
its position on the issue(s). In no event is
such written decision to be issued later than
seven (7) days.
(b) If the decision in Step 2 is not satisfactory
to the Union, the matter may be referred by
the Union's Business Agent to the Board of
Adjustment.
(c) Individual grievances must be filed promptly
after the cause giving rise to the grievance is evident,
and no individual grievance will be valid if not filed
within thirty (30) days of the date the employee knew or
could reasonably be expected to have known of the
grievance.
(d) It is understood that either or both the local
Union President or his authorized representative and the
Director of Labor Relations, Ground or his authorized
representative may intervene and participate in the
handling of a grievance or dispute at any level of the
grievance procedure.
(e) Notwithstanding anything to the contrary above, the parties
may by mutual agreement extend the time limits set forth herein.
The Company and the Union will make every effort to keep
to a minimum the actual time spent in disposing of
grievances,, disputes and complaints. The procedure for
presentation an adjustment of disputes, complaints, or
grievances that may arise between the company and the
Union with reference to interpretation or application of
any provision of this Agreement shall be:
ARTICLE XVI
Board Of Adjustment
(a) In compliance with Section 204, Title II, Of the Railway
Labor Act, as amended, there is hereby established a
System Board of Adjustment for the purpose of adjusting
and deciding disputes or grievances which may arise under
the terms of this Agreement and which are properly
submitted to it after exhausting the procedures for
settling disputes, as set forth under Article XV. Such
Board shall be known as the Trans World Airlines, Inc.
Over-the-Road Truck Drivers Board of Adjustment.
19
(1) The Board of Adjustment shall consist of three (3)
members: one (1) appointed by the Company; one (1)
appointed by the Union; and a neutral arbitrator to
be appointed by the National Mediation Board at the
joint request of the parties. The Company and the
Union shall keep each other apprised of their
respective current appointees to the Board.
(2) There shall be a Secretary to the Board who shall be
responsible for the administration of the Board of
Adjustment, including but not limited to written
notices to the Board members and to the parties to
the dispute in connection with the scheduling of
Board matters, and communications with the National
Mediation Board regarding the appointment of neutral
arbitrators. The appointment of the individual to
act as Secretary to the Board shall alternate
January 1st of each year between the Company and the
Union with the Union appointing such individual in
even years and the Company appointing such
individual in odd years.
(a) The neutral arbitrator shall be designated as
chairman of the Board of Adjustment and shall
preside at meetings and hearings of the Board.
It shall be the responsibility of the Chairman
to guide the Parties in the Presentation of
testimony, exhibits, and arguments at hearings
to the end that a fair, prompt and orderly
hearing of the dispute is afforded.
(b) If either party objects to the neutral
arbitrator appointed by the National Mediation
Board, then the Secretary shall request that
the National Mediation Board submit a list of
five (5) arbitrators. The parties shall,
commencing in alternate turns from case to
case alternately strike a name from the list
and the remaining name shall be the neutral
arbitrator for the case. The compensation,
travel expenses and other expenses of the
neutral arbitrator in carrying out his duties
as chairman shall be borne equally by the
company and the Union.
(b) The Board shall have Jurisdiction over disputes between
any employee covered by this Agreement and the Company
growing out of grievances, interpretation or application
of any of the terms of this Agreement and the discipline
or discharge of employees who have completed their
probationary period. The jurisdiction of the Board shall
not extend to proposed changes in hours of employment,
basic rates of compensation, or working conditions covered
by this Agreement or any amendment hereto.
(1) The Board shall consider any dispute properly
submitted to it by the President of the Union or his
authorized representative, or by the Company's
designated Staff Vice President or his authorized
representative, when such dispute has not been
previously settled in accordance with the terms
provided for in this Agreement, provided that the
Notice of Dispute is filed with the Company and the
Union members of the Board, with copy to the Company
or Union as may be appropriate, within forty-five
(45) days after the decision in the last step of the
grievance procedure. The date of the Notice shall
determine the order for considering cases, excepting
discharge, unless the parties mutually agree
otherwise.
20
(2) Unless the Company and the Union agree upon a
combination of cases to be presented to an
arbitrator, each case presented to the Board shall
be treated as a separate case, except those
grievances involving more than one (1) employee or
incident concerning an alleged violation with
similar facts and circumstances shall be treated as
one case.
(c) The Board shall meet in Kansas City, Missouri, unless a
different place of meeting is agreed upon by the Company
and the Union.
In the event either of the parties is of the opinion that
a Board of Adjustment hearing should be held at a site
other than Kansas City, such party will notify the other
party and if both parties agree, the Board hearing will be
conducted at the site agreed upon. Should the parties
fail so to agree, then the party desiring the change of
site shall put the determination of the site to the
arbitrator selected to hear the case, setting forth that
party's reasons, in writing, for requesting the change
with a copy to the other party who will be afforded an
opportunity to oppose such change, setting forth his
reasons in writing. The arbitrator's decision as to such
site shall be final.
(d) Procedure
(1) The Notice of Dispute referred to the Board shall be
addressed in writing by the grieving party to the
Company member and the Union member jointly and
shall include:
(a) The question or questions at issue
(b) Statement of facts
(c) Position of appealing party
(d) Position of other party
A copy of a Notice of Dispute shall be served upon
the other party and the Secretary to the Board.
(2) Unless otherwise agreed, within fourteen (14) days
following receipt of a Notice of Dispute, the
Secretary to the Board shall in writing, accompanied
by a copy of the Notice of Dispute, request that the
National Mediation Board appoint a neutral
arbitrator to sit with the Board as Chairman to hear
and resolve the dispute, and shall advise the
parties when such appointment has been made. A copy
of the Notice of Dispute shall be forwarded by the
Secretary to the Board to the Neutral Referee who
has been appointed to serve in the matter. All
subsequent documents filed with the Board shall be
addressed and sent to all three members, with copy
to the other party or parties.
(3) The Secretary to the Board shall confer with the
parties and Board members to set a mutually
convenient date for the hearing- The Company and
Union shall make every effort to schedule cases as
soon as possible following notification that a
neutral arbitrator has been appointed to hear a
particular grievance.
21
(4) The hearing shall consist of the presentation of
oral testimony and exhibits with the Party having
the burden of proof presenting its evidence first,
and each party having the opportunity to rebut the
other's evidence. The parties shall have the option
of presenting closing oral arguments, written
briefs, including reply briefs, or both. However,
if neither party nor the chairman desire a hearing,
such hearing shall be waived.
(a) Employees covered by this Agreement shall be
represented at the Board of Adjustment by the Union
Business Agent. The Company shall be represented at
the Board. of Adjustment by the designee of the
appropriate Staff Vice President for Materials
Management. Each shall have the authority to settle
grievances prior to the rendering of a decision by
the Board of Adjustment and such settlement shall be
binding on all parties.
(b) Immediately following the conclusion of the
presentation of all evidence and oral arguments, the
Board shall convene in Executive Session, unless it
mutually agrees otherwise. The neutral arbitrator
shall within fourteen (14) days thereafter, or
fourteen (14) days following the receipt of all
written briefs in the matter, whichever is later,
issue a draft written award to the Board members.
If either Board member requests that a further
Executive Session be held, such shall take place at
the earliest convenient time. Such Executive
Session may occur by telephone conference. After
the conclusion of this Executive Session, if held,
or if within fourteen (14) days following receipt of
the neutral arbitrator draft award, neither the
Company nor Union Board member requests an Executive
Session to discuss the draft award, (excepting
changes mutually agreeable to the parties of a minor
nature) the neutral arbitrator shall reissue his
draft award as a final award representing the
majority decision of the Board. The decision of the
majority of the Board in all cases properly referred
to it shall be final and binding upon the parties.
(5) Each of the parties will assume the compensation,
travel expense and other expenses of the Board
member selected by it and the witnesses called or
summoned by it. Witnesses who are employees of the
Company shall receive positive free transportation
over the lines of the Company from the point of
assignment to the point at which they must appear as
witnesses and return, to the extent permitted by
law.
(6) The company and the Union members, acting jointly,
shall have the authority to incur such other
expenses as in their judgment may be deemed
necessary for the proper conduct of the business of
the Board, and such expenses shall be borne one-half
by each of the parties hereto. Board members who
are employees of the Company shall be granted
necessary leave of absence for the performance of
their duties as Board members. Board members and
the Union Business Agent shall be furnished positive
free transportation over the lines of the Company
for the purpose of attending meetings of the Board,
to the extent permitted by law.
(7) It is understood and agreed that each and every Board
member shall be free to discharge his duty in an
independent manner, without fear that his individual
22
relations with the Company or with the Union may be
affected in any manner by any action taken by him in
good faith in his capacity as a Board member.
(e) The time limits set forth in this Article may be extended
by mutual agreement of the Company and the Union.
(f) Nothing herein shall be construed to limit, restrict, or
abridge the rights or privileges accorded either to the
employees or to the Company or to their duly accredited
representatives, under the provisions of the Railway Labor
Act, as amended.
ARTICLE XVII
Discipline and Discharge
(a) The Union recognizes the right of the Company and its
supervisors to manage and supervise the work force of
employees, individually or collectively in the normal
course of work. In assessing discipline, the Company will
consider the gravity of the offense, seniority and the
work record of the employee involved.
(b) In meetings for the purpose of investigation of any matter
which may eventuate in the application of discipline or
discharge, an employee will be entitled to Union
representation, if he so desires.
(c) No employee who has been in the service of the Company
ninety (90) days or more shall be discharged without
having first been afforded the opportunity of a hearing in
the presence of a duly authorized Union representative
before a designated representative of the Company other
than the one bringing the complaint against the employee.
(1) An employee who has been charged with an offense
which may result in his discharge shall be notified
in writing, with a copy to his union representative,
of the precise charge or charges preferred against
him, together with the date, time and location of
the discharge hearing. When an employee has been
suspended pending the discharge hearing, the Company
shall notify such employee and/or his Union
representative in writing as to the foregoing within
three (3) days from the date of his suspension. The
discharge hearing shall take place no later than
seven (7) days following the date of the aforestated
notification, unless the parties agree otherwise.
(2) Prior to the discharge hearing, the employee and his
Union representative shall be given a reasonable
opportunity to secure the presence of necessary
witnesses.
23
(3) The discharge hearing officer shall write and mail
his decision regarding the employees discharge or
lesser discipline no later than five (5) days after
the close of the discharge hearing.
(4) If the decision of the discharge hearing officer is
not satisfactory, then appeal may be made in
accordance with the procedures described in Article
XV(b)(2). Step 2.
------
(d) If an employee is suspended while away from his home
terminal, he shall be provided transportation to return to
his home terminal.
(e) The company will not discriminate against any witness
called to testify or who otherwise offers evidence at any
hearing or investigation under this Article.
ARTICLE XVIII
Seniority
(a) Seniority rights for employees shall prevail. Seniority
shall be defined as the length of time that an employee is
in the service of the Company, active or inactive, in a
position covered by this Agreement.
(b) An individual who has not been in the active employ of the
Company in a position covered by this Agreement for more
than ninety (90) consecutive days will be considered a
probationary employee. There shall be no responsibility
on the part of the company or the Union for re-employment
of probationary employees if they are laid off or
discharged during this period. An employee separated for
any reason from the employ of the Company during his
ninety (90) day probationary period shall be considered to
have accrued no seniority. If he is retained after his
probationary period, the employee's name shall be placed
on the seniority list as of his date of hire.
(c) An employee who leaves the classification of work covered
by this Agreement but remains in the employ of the Company
in some other capacity shall retain but no longer accrue
seniority under this Agreement. In the event such an
employee returns to the classification covered by this
Agreement he shall displace only the least senior
employee, seniority permitting, and shall assume that
employee's position until the next bid occurs. Such a
displacement shall not in and of itself cause a bid to
occur.
(d) An employee shall lose his seniority and his name will be
removed from the Company seniority roster if:
(1) He quits or resigns.
24
(2) He is discharged for just cause.
(3) He fails to respond to an offer of recall from the
Company, in writing or by telegram, within seven (7)
days after the date of the notice offering to re-
employ him after a layoff, unless satisfactory
reason is given, or if having notified the Company
in writing or by telegram that he will accept
recall, he does not in fact return to work on the
date assigned.
(4) He engages in gainful employment while on leave of
absence in violation of Article IX(f).
(5) He fails to return to work at the end of an
authorized leave of absence, unless satisfactory
reason is given.
(6) While on the Board, he is unavailable for work as
required by the dispatch procedures on three
occasions within a six month period, unless
satisfactory reason is given, provided, however,
that should the employee show a satisfactory reason
for his unavailability for work, the Company shall
not be precluded from disciplining the employee for
an attendance deficiency if such exists.
(7) He has been on layoff letter from the Company for
more than three (3) years. However, any employee
who works a total of twenty (20) cumulative days
within any twelve (12) month period from his date of
layoff shall be entitled to an additional three (3)
year layoff period from the last day he works.
(8) An employee who loses his seniority pursuant to
paragraphs (3), (4), (5), (6), or (7) above will be
notified by certified mail, copy to the local Union
representative, of the specific paragraph under
which such action was taken. The employee may
within thirty (30) days from the date of such
notice, by certified mail to the appropriate manager
for Materials Management, copy to his local Union
representative, request a hearing regarding his
termination. Such hearing will be held no later
than ten (10) days after receipt of the employee's
request, and a written decision either sustaining
the employee's discharge or reinstating his
seniority will be issued within seven (7) days after
the close of the hearing, unless the Company and the
Union agree to extend these time limits. If the
aforementioned decision is not satisfactory, then
appeal may be made in accordance with the procedure
prescribed in Article XV, Step 2.
(e) Reduction and Increase in Working Force
(1) All reductions in force shall be effected in the
inverse order of seniority, and shall be confirmed
in writing.
25
(2) Restoration of forces shall be effected by seniority
based upon the current seniority roster. However,
if, as a result of an employee's failure to timely
respond to a recall notice, as required above, the
Company recalls another employee in his place who
has less seniority, and the originally recalled
employee is not terminated, then the Company shall
have no obligation to displace the subsequently
recalled employee to the benefit of the first
recalled employee.
(f) Any employee returning from the military service shall be
entitled to full seniority exercise and the employee
displaced will be the least senior employee.
(g) Seniority lists, corrected on December 1 and June 1, shall
be prepared by the Company, and furnished to the Business
Agent for the Union, and shall be posted on bulletin
boards by January 1 and July 1 each year. Errors of
omission and typographical errors will be corrected
currently with a copy furnished the Business Agent.
(1) All seniority lists shall be open to protest for a period
of fifteen (15) days from date of posting, but if the
seniority date on a list is not protested within the
prescribed time limit after the initial appearance of a
name on a list, such date shall stand as correct and
official on all subsequent lists. Any employee on leave,
on special assignment, in laid-off status, on vacation, or
on sick or injured absence at the time of posting shall
have a period of fifteen (15) days from the date of his
return to service to file a protest. The Company shall
thereafter post any revisions in the list, and any
adjustment or failure to make an adjustment with which an
employee or the Union may be dissatisfied shall be handled
as a grievance in accordance with the provisions of
Article XV upon request of the party filing the protest or
an employee affected by any adjustment made. The filing
of the grievance must be made within seven (7) days after
the posting of the revisions, and any employee on leave,
on special assignment, in a laid-off status, on vacation,
or on sick or injured absence at the time of posting such
revisions shall have a period of seven (7) days from the
date of his return to service to file such grievance.
(2) Regardless of other provisions of this Agreement to the
contrary, when the Company and the Union mutually agree
that a seniority list should be changed to comply with the
provisions of this Agreement, or when it has been
established through the grievance procedure that a list
should be changed, such change will be posted currently.
It is understood that any resulting adjustment in the list
shall not create any liability to the Company or the
Union.
ARTICLE XIX
Jury Duty
An employee unavailable for work as a result of serving as a juror or
having been subpoenaed to serve as a trial witness shall receive pay
equivalent to that which he would have received had he been available
for work, less any fee he received for such service. The employee shall
notify the
26
Company as soon as is practicable that he has been called for jury duty
or subpoenaed as a trial witness, and the dates thereof, and further
shall notify the Company immediately when he has been released from such
obligation.
ARTICLE XX
Savings Clause
Should any part or provision of this Agreement be rendered invalid by
reason of any existing or subsequently enacted legislation, such
invalidation of any part or provision of this Agreement shall not
invalidate the remaining portions thereof, and they shall remain in full
force and effect.
ARTICLE XXI
Health and Welfare Benefits
Effective April 1, 1998, contributions , as set forth on page 35 must be
made to the Central States, Southeast and Southwest Areas Health and
Welfare Fund, or other applicable fund, for each week in which a regular
employee works or is compensated at least two (2) days or tours of duty
in the contribution week. For regular employees who work or are
compensated one (1) day or tour of duty in the contribution week, the
contribution rate will be $34.00. This provision shall only apply to
regular employees covered by this Agreement who have been on the payroll
thirty (30) days or more.
If an employee is absent because of illness or off-the-job injury and
notifies the Employer of such absence, the Employer shall continue to
make the required full weekly contributions for a period of four (4)
weeks beginning with the first week after contributions for active
employment cease.
If an employee is injured on the Job, the Employer shall continue to pay
the required full weekly contributions until such employee returns to
work; however, such contributions shall not be for a period of more than
twelve (12) months beginning with the first week after contributions
for active employment cease.
If an employee is granted a leave of absence, the Employer shall collect
from said employee, prior to the leave of absence being effective,
sufficient monies to pay the required full weekly contributions into the
Health and Welfare Fund during the period of absence.
The Employer shall pay the full weekly health and welfare contribution
for any active employee on the seniority list who is available for work
the entire contribution week.
Disputes or questions of interpretation concerning requirement to
make contributions on behalf of particular employees or classifications
of employees shall be submitted directly to the Conference Joint Area
Committee by either the Employer, the Local Union, or the Trustees. In
the event of such referral, the Employer shall not be deemed to be
delinquent, while the matter is being
27
considered, but if the Conference Joint Area Committee, by majority
vote, determines that contributions are required, the Employer shall pay
to the Trust Fund the amounts due together with any other charges
uniformly applicable to past due contributions. The Conference Joint
Area Committee may also determine whether the Employer's claim was bona
fide.
ARTICLE XXII
Pensions
Effective April 1, 1998, the Employer shall contribute as set forth on
page 35 to the Central States, Southeast and Southwest Areas Pension
Fund for each regular employee covered by this Agreement who has been on
the payroll thirty (30) days or more.
If an employee is absent because of illness or off-the-job injury and
notifies the Employer of such absences the Employer shall, beginning
with the first week after contributions for active employment cease,
continue to make the required contributions for a period of four (4)
weeks.
If an employee is injured on the job, the Employer shall, beginning with
the first week after contributions for active employment cease, continue
to pay the required contributions until such employee returns to work;
however, such contributions shall not be paid for a period of more than
twelve (12) months.
If an employee is granted a leave of absence, the Employer shall collect
from said employee, prior to the leave of absence being effective,
sufficient monies to pay the required contributions into the Pension
Fund during the period of absence.
The payment of the pension contribution for days available only applies
to active employees on the seniority list who are available for work the
entire contribution week.
Disputes or questions of interpretation concerning the requirement to
make contributions on behalf of particular employees or classifications
of employees shall be submitted directly to the Conference Joint Area
Committee by either the Employer, the Local Union, or the Trustees. in
the event of such referral, the Employer shall not be deemed to be
delinquent while the matter is being considered, but if the Conference
Joint Area Committee, by majority votes determines that contributions
are required, the Employer shall pay to the Trust Fund the amounts due
together with any other charges uniformly applicable to past due
contributions. The Conference Joint Area committee may also determine
whether the Employer's claim was bona fide.
28
ARTICLE XXIII
Paid-for-Time
(a) Drivers can be released at an outside station and lay over
one time per trip. After being released, first 12 hours
will be without pay, 8 hours with pay, 10 hours without
pay, 8 hours with pay, 10 hours without pay. At this
point all time will be paid until departure from station.
A minimum guarantee of 2 hours will be paid on layovers.
(b) Breakdown delays: Drivers on breakdown delay will be paid
for the first 8 hours, with the next 16 hours free. All
time spent with equipment is to be paid; this is in
addition to the first 8 hours paid.
(c) Impassable highways and delays due to inclement weather or
other Acts of God: First 8 hours will be paid, next 16
hours free. Time spent with equipment will be paid; this
is in addition to the first 8 hours paid.
(d) Meal allowance on layovers will be $7.50 each time drivers
are held beyond the 17 hours of first layover and after
the next 10 hours on a subsequent layover. When on
layover on Sunday and holidays, there will be a meal
allowance of $7.50 every five hours except for the third
meal in that 24 hour period, which will be a $9.00 meal
allowance. No more than 3 meals will be reimbursed during
any 24 hour period.
ARTICLE XXIV
Duration
This agreement shall become effective on the date of signing except as
provided herein, and shall continue in full force and effect until April
1, 2003, and thereafter unless written notice of intended change is
served in accordance with Section 6, Title 1, of the railway Labor Act,
as amended, by either party hereto two (2) months, sixty (60) days,
prior to April 1, 2003 and/or any thirty (30) day period after April 1,
2003.
Signed this __________________day of __________________________ 1998.
FOR TRANS WORLD AIRLINES, INC. FOR INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL Union #4.1
______________________________ ______________________________
______________________________ _______________________________
______________________________ _______________________________
______________________________ _______________________________
29
SCHEDULE "A" - WAGES
(Hired Prior to 4/1/98)
Mileage and Hourly Rate of Pay
Mileage Rate 10/1/98 1/1/99 4/1/99 4/1/00 4/1/01 4/1/02
Single Man .36 .38 38.5 .39 39.5 .40
Double Man .20 .21 21.5 .22 22.5 .23
Hourly Rate $14.00 -- -- $14.30 $14.55 $14.85
SCHEDULE "B" WAGES
(Hired After 4/1/98)
Single Man .33 .35 36.5 .37 37.5 .38
Double Man .17 .18 18.5 .19 19.5 .20
Hourly Rate $14.00 -- -- $14.30 $14.55 $14.85
NEW HIRES
(Hired After 4/1/98)
Single Man .28 -- .29 .30 .31 .32
Double Man .14 -- 14.5 .15 .16 .17
Hourly Rate $11.00 -- $11.15 -- -- --
▇▇▇▇▇▇▇ CLASSIFICATION
$14.75 -- -- $15.-- $15.35 $15.65
New hire employees shall be paid at the applicable new hire wage rate
for a period of six months of continuous employment with the Company.
After completion of this six month period, employees will be paid at
the applicable "B" wage rate. After completion of 30 months of
employment at the "B" wage rate, employees will be paid at the
applicable "A" wage rate.
All wage rates are effective October 1, 1998.
$800 per employee signing bonus.
30
July 27, 1997
Mr. C. B. "Doc" ▇▇▇▇▇▇
Business Agent
Teamsters Local 41
▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
RE: Single Man Trip - Lodging
Dear ▇▇. ▇▇▇▇▇▇:
This is to clarify the parties agreement concerning layovers for drivers
operating a single-man trip. As committed during our negotiations for a
new collective bargaining agreement, in addition to any other expenses
that the Company is required to pay, the Company will pay the reasonable
and actual costs of lodging for a driver required to incur such an
expense. The Company reserves the right to assign the hotel/motel to be
utilized, and all affected drivers are required to use their best
efforts to obtain the most economical satisfactory lodging when no such
assignment has been made.
Very truly yours,
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇
▇▇▇▇▇ ▇. ▇▇▇▇
Director
Labor Relations, Ground
Agreed and Accepted
/a/ ▇. ▇. ▇▇▇▇▇▇
▇. ▇. ▇▇▇▇▇▇
August 11, 1987
31
April 1, 1998
Mr. ▇▇▇ ▇▇▇▇▇▇▇▇
Business Agent
Teamsters Local Union ▇▇. ▇▇
▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
RE: 1998 TWA-IBT Negotiations
Dear ▇▇. ▇▇▇▇▇▇▇▇:
This will confirm our agreement reached during the 1998 negotiations
regarding to having a ▇▇▇▇▇▇▇ on Duty at all times during the regular
work week. It has been agreed that when the ▇▇▇▇▇▇▇ (Bid position) is
used as an over-the-road driver during the regular work week a
replacement ▇▇▇▇▇▇▇ not required unless the work requirements of the
operation require a replacement ▇▇▇▇▇▇▇. These requirements will be
determined by the Company and shall exclude loading of the pm shuttle.
Very Truly Yours,
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
VP Labor Relations
Agreed and Accepted:
___________________________
▇▇▇ ▇▇▇▇▇▇▇▇
32
CENTRAL STATES
HEALTH AND WELFARE AND PENSION RATES
Health and Welfare
4/1/1998 159.70 per week
4/1/1999 159.70 per week
4/1/2000 167.70 per week
4/1/2001 175.70 per week
5/1/2002 applicable rate
Pension
4/1/1998 124.00 per week
4/1/1999 136.00 per week
4/1/2000 150.00 per week
4/1/2001 158.00 per week
4/1/2002 160.00 per week
33
