HomeMy WebLinkAbout1994-06-28 - AGENDA REPORTS - TRANSIT LABOR AGREEMENTAGENDA REPORT
CONSENT CALENDAR
DATE: June 28, 1994
SUBJECT: Transit Labor Agreement
Resolution No. 94 - 82
DEPARTMENT: Public Works
BACKGROUND
Cit
Item to be presented by:
Prior to receiving Federal funding for transit projects, the City must enter into a particular labor
protection agreement known as a Section 13c Agreement with various transit -related labor unions
in the area served by Santa Clarita Transit.
Grant applications for Federal transit funds are submitted to the Federal Transit. Administration
(FTA). Various portions of the applications are then sent to other Federal agencies for review.
The United States Department of Labor (DOL) is the agency that determines which labor unions
the City must enter into a 13c Agreement. The DOL determined that the following six unions
are "affected unions" by our transit operation:: Amalgamated Transit Union, International
Brotherhood of Teamsters, Transportation -Communications International Union, Transit Police
Sergeants' Association, Transit Police Officers' Association, and United Transportation Union.
The City must reach agreement with all of the unions prior to approval of our grant applications..
A draft agreement between the City and the Amalgamated Transit Union is attached as a
sample. This particular agreement is nearly ready for signature between the two parties.
Similar agreements must be reached with the remaining five unions as well.
RECOMMENDATION
Adopt Resolution No. 94 - 82 authorizing the City Manager to enter into a FTA Section 13c
Agreement with each of the above transit unions, on behalf of the City.
ATTACBMENTS
1. Draft 13c Agreement between the City and the Amalgamated Transit Union,
2. Resolution No. 94 - 82.
sec9\13cnre6.mar. A �,,,,�„� �teCiC
Adopted: q��
RESOLUTION NO. 94 - 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
AUTHORIZING THE CITY MANAGER TO
ENTER INTO SECTION 13C AGREEMENTS
TO SECURE TRANSIT FUNDING
IN ACCORDANCE WITH SECTION 9 OF
THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED
WHEREAS, the Urban Mass Transportation Act of 1964, as amended, provides funding
for a variety of transportation projects, and
WHEREAS, on February 23, 1993, the City Council adopted Resolution No. 93-19
authorizing the City Manager to execute and file on the City's behalf, all future applications for
funds under the Urban Mass Transportation Act of 1964, as amended, and
WHEREAS, on March 8, September 28, and December 14, 1993 applications were filed
with the Federal Transit Administration for Section 9 funds, and
WHEREAS, On June 28, 1994, at'a regular Council meeting, the City Council reviewed
and considered agenda material explaining the need to enter into a Section 13c Agreement as
part of the requirements to secure federal funding for transit use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Clarita as follows_
Section 1. As part of the Council meeting of June 28, .1994, City Council authorized
the City Manager to enter into necessary 13c Agreements with six different transit -related labor
unions as determined to be affected unions according to the United States Department of Labor.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED THIS
1994
MAYOR
day of
Resolution No. 94 - 82
Page 2
ATTEST:
CITY CLERK
I HEREBY" CERTIFY that the foregoing resolution was duly adopted by the City
Council of the City of Santa Clarita at a regular meeting thereof, held on the.
day of , 1994, by the following vote of the Council:
AYES: COUNCILMEM 3ERS
NOES: COUNCILMRMRERS
ABSENT: COUNCILI\ EMBERS
CITY CLERK
sed%Bcagre7.mar
To: Michael A. Rubin From: Brenda L. Biederichs B-14-94 11:37am p. 2 of 22
AGREEMENT PURSUANT TO SECTION 13(c) OF THE
FEDERAL TRANSIT ACT, AS AMENDED
WHEREAS, the City of Santa Clarita, California ("Public
Body"), has made application under the Federal Transit Act, as
amended, ("Act") for a capital grant to assist in the payment of
bond debt incurred in connection with the purchase of eegtipmenb
local and express fixed
route buses utilized in the Public Body's transit system, which
is currently operated and managed through contractual
arrangements with a private entity ("Contractor"), as more fully
described in the project application ("Project"); and
WHEREAS, elements of the Public Body's assisted transit
system are to be operated, on a "closed door" basis, in the
service area and vicinity of the Los Angeles County Metropolitan
Transit Transportation Authority ("MTA"');. and
WHEREAS, certain employees of the MTA are represented by
Local Union 1277, Amalgamated Transit Union, AFL-CIO ("Union");
and
WHEREAS, sections 3(e)(4), 9(e)(1) and 13(c) of the Act
require, as a condition of any such assistance, that suitable
fair and equitable arrangements be made to protect urban mass
transportation industry employees who may be affected by such
assistance; and
WHEREAS, the parties have agreed upon the following
arrangements as fair and equitable;
NOW, THEREFORE, it is agreed that the following terms and
conditions shall apply and shall be specified in any contract
governing such federal assistance to the Public Body:
(1) The term "Project," as used in this Agreement, shall
not be limited to the particular facility, service, or operation
assisted by federal funds, but shall include any changes, whether
organizational, operational, technological, or otherwise, which
are a result of the assistance provided. The phrase "as a result
of the Project", as used in this Agreement, shall include events
occurring in anticipation of, during, and subsequent to the
Project and any program of efficiencies or economies directly or
indirectly related thereto or traceable to the assistance
provided and shall also include events or actions which are a
result of federal assistance under the Act; provided, however,
that volume rises and falls of business, or changes in volume or
i.AX:Rd434.3
To: Michael A. Rubin
From: Brenda L. Diederichs 5-14-94 11:37am p. 3 of 22
character of employment brought about solely by causes other than
the Project (including any economies or efficiencies unrelated to
the Project) are not within the purview of the phrase "as a
result of the Project," as used in this Agreement.
(2) (a) The Project, as defined in Paragraph (1) of this
Agreement, shall be performed and carried out in full compliance
with the protective conditions described herein and in such a
manner and upon ouch terms and conditions as will not adversely
affect employees represented by the Union.
This subparagraph (a) is intended to express the
general requirement that the rights and 'interests of employees
represented by the Union be protected from effects of the
Project. Initially, this means that the Public 'Body and
contractor in designing and implementing the Project must
consider the effects the Project may have on employees
represented by the Union and attempt to minimize any adverse
effects. If objectives can be met without adversely affecting
such employees, it .is expected that adverse effects will be
avoided. The duty to minimize effects is not intended to
preclude all actions which would adversely affect employees, but
to balance such actions in favor of the interests of employees.
In the context of particular Project events, this subparagraph is
to be read in conjunction with other provisions of this
Agreement. It thereby is intended to emphasize the specific
statutory requirements that the employees be protected against a
worsening of their employment conditions,
eiilz nfttien or reelexetioit of a benefit that is Bet forth rrt a
that has a efdatntnif+ftble value, and receive offsetting benefits to
make them "whole", for example or, where appropriate. by
providing the employees represented by the Union with the
monetary value of the benefit lost or reinstating the benefit for
the protective period, when unavoidable impacts occur.
(b) The Public Body shall not operate, nor contract
for the operation of, any transit services which permit a
passenger trip that both commences and terminates at points
located in the MTA service area. For purposes of this
subparagraph (b), a point of passenger trip commencement or
termination shall be considered to be within the MTA service area
if it is located within one-half (1/2) straight miles of an MTA
bus route or fixed guideway station.
(c) The Project activities defined by the scope and
budget as incorporated in the contract of assistance between the
I.AX:84934.3 -2-
To: Michael A. Rubin
From: Brenda L. Diederichs B-14-94 11:31am p. 4 of 22
federal government and the Public Body shall be undertaken,
carried out and completed substantially as described in 1) the
Project application forwarded to the Amalgamated Transit Union by
the U.S. Department of Labor pursuant to the procedures of 29
C.F.R. § 215.3 and/or 2) any budget revision, administrative
amendment or full grant amendment which a) the Secretary of Labor
affirmatively determines, in an administrative action pursuant to
29 C.F.R. § 215.5 undertaken prior to the formal and final
approval thereof by the Federal Transit Administration, revises
or amends the application in immaterial respects, or b) is the
subject of a Section 13(c) certification action pursuant to the
procedures established by 29 C.F.R. § 215.3. Project equipment
shall be used only in the manner described in such grant
application documentation and/or budget revision, administrative
amendment or full grant amendment.
(d) The Public Body shall not transfer, convey or
grant any title, rights and/or interests in the Project equipment
or assets to any eubrecipient or subgrantee while itself
remaining the Project recipient and/or Project grantee absent a
review and Section 13(c) certification action by the'U.S.
Secretary of Labor pursuant to 29 C.F.R. § 215.3 undertaken and
completed prior to, and as a precondition of, the transfer,
conveyance or grant.
(3) Neither the Public Body nor the Contractor shall take
any action which impairs or interferes with the preservation or
continuation of any rights, privileges and benefits (including
pension rights and benefits) of employees represented by the
Union (including employees having already retired) under existing
collective bargaining agreements or otherwise, or under any
revision or renewal thereof.
(4) Neither the Public Body nor the Contractor shall take
any action which impairs or interferes with the preservation and
continuation of the collective bargaining rights of employees
represented by the Union, including the right to arbitrate labor
disputes and to maintain union security and checkoff
arrangements, as provided by applicable laws, policies and/or
existing collective bargaining agreements.
(5) In the event the Public Body or the Contractor
contemplates any change in the organization, operations,
services, facilities or equipment of the system as a result of
the Project and such may result in the dismissal or displacement
of employees, or rearrangement of the working forces represented
by the Union, the Public Body shall give at least ninety (90)
days' written notice of such intended change(e) by posting a
TAX:Rd934.3 —3—
To: Michael A. Rubin From: Brenda L. Biederichs B-14-94 11:37am p. 5 of 22
notice on bulletin boards convenient tothe interested employees
and by sending certified mail notice to the Union and any other
union representatives of such interested employees. Such notice
shall contain a full and adequate statement of the proposed
change(s) to be effected, including an estimate of the number of
employees of each classification affected by the intended
change(s) and the number and classification of any jobs available
to be filled by such affected employees. Thereafter, within
thirty (30) days from the date of said notice, the Public Body
and the Union shall meet for the purpose of reaching agreement
with respect to the application of the terms and conditions of
this Agreement to the intended change(s). Any such change(s)
involving a dismissal, displacement or rearrangement of the
working forces represented by the Union shall provide for the
selection of forces from the employees represented by the Union
on bases accepted as appropriate for application in the
particular case; and any assignment of employees represented by
the Union made necessary by the intended change(s) shall be made
on the basis of an agreement between the .Public Body and the
Union. In the event of a failure to agree within thirty (30)
days from the commencement of such negotiations, the dispute may
be submitted to arbitration by either party pursuant to Paragraph
(17) of this Agreement. In any such arbitration, the terms of
this Agreement are to be interpreted and applied in favor of
providing employee protections and benefits no less than those
established pursuant to section 5(2)(f) of the Interstate
Commerce Act, as amended, currently codified at 49 U.S.C.
§ 11347. No change in operations, services, facilities or
equipment, within the purview of this Paragraph (5) shall occur
until after an agreement is reached or the decision of the
arbitration panel has been rendered.
(6) (a) Whenever an employee, retained in service,
recalled to service, or employed by the Public Body or the
Contractor pursuant to Paragraphs (5), (8)(e) or (20) of this
Agreement, is placed in a worse position, as defined in Section
2(a) of this Agreement, with respect to compensation as a result
of the Project, the employee shall be considered a "displaced
employee," and shall be paid a monthly "displacement allowance"
to be determined in accordance with this Paragraph (6) and be
provided such other rights or relief as may be deemed, to be
appropriate based upon the provisions of a Memorandum of
Understanding, personnel rules, or some other controlling
document regarding the employer-employee relationship. Said
displacement allowance shall be paid each displaced employee
during the protective period following the date on which the
employee is first "displaced," and shall continue during the
protective period as long as the employee is unable, in the
T„Ax:na934.a - 4 -
lo: Michael A. Rubin From: Brenda L. Oiederichs B-14-94 11:37am
P. 6 of 22
exercise of the employee's seniority rights, to obtain a position
producing compensation equal to or exceeding the compensation the
employee received in the position from which the employee was
displaced, adjusted to reflect subsequent general wage
adjustments, including cost -of -living adjustments where provided
for; provided that notice concerning such positions is posted on
bulletin boards convenient to the interested employees.
(b) The displacement allowance shall be a monthly
allowance determined by computing the total compensation received
by the employee, including vacation allowances, pay for time lost
on account of on-the-job injury, and monthly compensation
guarantees, and the employee's total time paid for during the
last twelve (12) months in which the employee performed
month, bas
preceding
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:d upon the employee's normal work schedule immediately
:he date of the employee's displacement as a result of
and by dividing separately the total, compensation
al time paid for by twelve (12), thereby producing the
ithly compensation and the average monthly time paid
is employee's length of service is lees than twelve
�, the average monthly compensation and average monthly
'or shall be computed by dividing separately the total
n and totaltimepaid by the number of months in which
,ee performed compensated service more than fifty (50)
of each such month. Such allowance shall be adjusted
subsequent general wage adjustments, including
-ing adjustments where provided .for. If the displaced
compensation in the employee's current position is
month during the employee's protective period than
id average compensation (adjusted to reflect
general wage adjustments, including cost -of -living
where provided for), the employee shall be paid the
less compensation for any time lost on account of
beenceB to the extent that the employee is not
or service equivalent to the employee's average
e, but the employee shall be compensated in addition
the rate of the current position for any time worked
f the average monthly time paid for. If a displaced
ils to exercise the employee's seniority rights to
her position to which the employee is entitled under
isting collective bargaining agreement, and which
age rate and compensation exceeding that of the
ich the employee elects to retain, the employee shall
oe treated, for the purposes of this Paragraph (6), as
ze position the employee elects to decline.
T.: XAA93C3 _ 5 -
To: Michael A. Rubin From: Brenda L. Diederichs 6-14-94 11:37am p. 7 of 22
(c) If any employee who is entitled to a monthly
displacement allowance served as an agent or a representative of
employees on either a full or part-time basis in the twelve (12)
months immediately preceding the employee's being adversely
affected, the employee's monthly displacement allowance shall be
computed by taking the average of the average monthly
compensation and average monthly time paid for of the protected
employees in active service immediately above and below the
affected employee on the same seniority roster or the employee's
own monthly displacement allowance, whichever is greater.
(d) The displacement allowance shall cease prior to
the expiration of the protective period in the event of the
displaced employee's resignation, death, retirement, or dismissal
for cause in accordance with any labor agreement applicable to
the employee's employment.
(7) (a) Any employee placed in a worse position with
as
defined in Section 2(a) of this Aareement shall be considered a
"worsened employee,'+ and shall be -made whole. Reasonable efforts
should be made to restore the precise benefit lost or affected.
If such efforts are uneucceeeful or would be unsuitable, an
alternative remedy, awarding either 1) offsetting benefits where
such an award would result in a fair and equitable substitute or
2) compensatory damages where the harm has a readily
ascertainable economic value and such an alternative remedy is
fair and equitable, may be acceptable.
(b) The make whole remedy shall cease prior to the
expiration of the protective period in the event of the displaced
employee's resignation, death, retirement, or dismissal for cause
in accordance with any labor agreement applicable to the
employee's employment.
(8) (a) Whenever any employee is laid off or otherwise
deprived of employment as a result of the Project, the employee
shall he considered a "dismissed employee" and shall be paid a
monthly dismissal allowance to be determined in accordance with
this Paragraph (8). Said dismissal allowance shall first be paid
each dismissed employee commencing not later than the thirtieth
(30th) day following the day on which the employee is "dismieeed"
and shall continue during the protective period, as follows:
T,AXAA9a6.3 -. 6 -
To: Michael A. Rubin From: Brenda L. Biederichs B-14-94 11:37am p. 8 of 22
Employee's length of service
prior to adverse effect Period of Protection
1 day to 6 years equivalent period
6 years or more 6 years
The monthly dismissal allowance shall be equivalent to
one -twelfth (1/12) of the total compensation received by the
employee in the last twelve (12) months of the employee's
employment in which the employee performed compensated service
more than fifty (50) per centum of each such month based on the
employee's normal work schedule to the date on which the employee
was first deprived of employment as a result of the Project. If
the employee's length of service is less than twelve (12) months,
the monthly dismissal allowance shall be computed by dividing the
total compensation by a number equal to the number of months of
the employee's employment in which the employee performed
compensated service more than fifty (50) per centum of each such
month based on the employee's normal work schedule to the date on
which the employee was first deprived of employment as a result
of the Project. Such allowance shall be adjusted to reflect
subsequent general wage adjustments, including cost -of -living
adjustments where provided for.
(b) An employee shall be regarded as deprived of
employment and entitled to a dismissal allowance when the
position the employee holds is abolished as a result of the
Project, or when the position the employee holds is not abolished
but the employee loses that position as a result of the exercise
of seniority rights by an employee whose position is abolished as
a result of the Project or as a result of the exercise of
seniority rights by other employees brought about as a result of
the Project, and the employee is unable to obtain another
position, either by the exercise of the employee's seniority
rights, or through the Public Body, in accordance with
subparagraph (e) of this Paragraph (8). In the absence of proper
notice followed by an agreement or decision pursuant to Paragraph
(5) hereof, no employee who has been deprived of employment as a
result of the Project shall be required to exercise seniority
rights to secure another position in order to qualify for a
dismissal allowance hereunder.
(c) Each employee receiving a dismissal allowance
shall keep the Public Body informed as to the employee's current
address and the current name and address of any other person by
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To: Michael A. Rubin
From: Brenda L. Diederichs 6-14-94 11:37am o. 9 of 22
whom the employee may be regularly employed, or if the employee
is self-employed.
(d) The dismissal allowance shall be paid to the
regularly assigned incumbent of the position abolished. If the
position of an employee is abolished when the employee is absent
from service, the employee will be entitled to the dismissal
allowance when the employee is available for service. The
employee temporarily filling said position at the time it was
abolished will be given a dismissal allowance on the basis of
that position, until the regular employee is available for
service, and thereafter shall revert to the employee's previous
status and will be given the protections of this Agreement in
said position, if any are due the employee.
(e) An employee receiving a dismissal allowance shall
be subject to call to return to service by the MTA after being
notified in accordance with the terms of the then -existing
collective bargaining agreement. Prior to such call to return to
work by the MTA, the employee may be required by the public Body
to accept reasonably comparable employment with the public Body
or the Contractor for which the employee is physically and
mentally qualified, or for which the employee can become
qualified after a reasonable training or retraining period,
provided it does not require a change in residence or infringe
upon the employment rights of other employees under then -existing
collective bargaining agreements.
(f) When an employee who is receiving a dismissal
allowance again commences employment in accordance with
subparagraph (e) of this Paragraph (8) or with Paragraph (20)
hereof, said allowance shall cease while the employee is so
reemployed, and the period of time during which the employee is
so reemployed shall be deducted from the total period for which
the employee is entitled to receive a dismissal allowance.
During the time of such reemployment, the employee shall be
entitled to the protections of this Agreement to the extent they
are applicable.
(g) The dismissal allowance of any employee who is
otherwise employed shall be reduced to the extent that the
employee's combined monthly earnings from such other employment
or self-employment (provided such employment was not held for
more than five (5) months of the twelve (12) month test period
upon which the dismissal allowance is based), any benefits
received from any unemployment insurance law, and the employee's
dismissal allowance exceed the amount upon which the employee's
dismissal allowance is based. Such employee, or ouch employee's
T.AX:PA936.3 -8-
To: Michael A. Rubin
From: Brenda L. Diederichs B-14-94 11:37am p. 10 of 22
union representative, and the Public Body shall agree upon a
procedure by which the Public Body shall be kept currently
informed of the earnings of such employee in employment other
than with the Public Body, including self-employment, and the
benefits received.
(h) The dismissal allowance shall cease prior to the
expiration of the protective period in the event of the failure
of the employee without good cause to return to service in
accordance with the applicable labor agreement, or to accept
employment as provided under subparagraph (e) of this Paragraph
(8) or under Paragraph (20) hereof, or in the event of the
employee's resignation, death, retirement, or dismissal for cause
in accordance with any labor agreement applicable to the
employee's employment.
(i) A dismissed employee receiving a dismissal
allowance shall actively seek and not refuse other reasonably
comparable employment offered the employee for which the employee
is physically and mentally qualified and which does not require a
change in the employee's place of residence. Failure of the
dismissed employee to comply with this obligation shall be
grounds for discontinuance of the employee's allowance; provided
that said dismissal allowance shall not be discontinued until
final determination is made either by agreement between the
Public Body and the employee or the employee's representative, or
by final arbitration decision rendered in accordance with
Paragraph (17) of this Agreement, that such employee did not
comply with this obligation.
(9) In determining length of service of a displaced,
dismissed or worsened employee for purposes of this Agreement,
such employee shall be given full service credits in accordance
with the records and labor agreements applicable to the employee
and the employee shall be given additional service credits for
each month in which the employee receives a dismissal or
displacement allowance or other make whole remedy as if the
employee were continuing to perform services in the employee's
former position.
(10) No employee shall be entitled to either a displacement
or dismissal allowance or other make whole remedy under
Paragraphs (6), (7) or (8) hereof because of the abolishment of a
position for which, at some future time, the employee could have
bid, been transferred or promoted.
(11) No employee receiving a dismissal or displacement
allowance shall be deprived, during the employee's protected
TAX:x4o3a.3 -9-
To: Michael .A..Rubin From: Brenda L. Oiederichs B-14-94 11:37am pall of 22.
period, of any rights, privileges, or benefits attaching to the
employee's employment, including, without limitation, group life
insurance, hospitalization and medical care, 'free transportation
for the employee and the employee's family, sick leave, continued
status and participation under any disability or retirement
program, and such other employee benefits as Railroad Retirement,
Social Security, Workers' Compensation, and unemployment
compensation, as well as any other benefits to which the employee
may be entitled under the same conditions and so long as such
benefits continue to be accorded to other employees in the
bargaining unit, in active service or furloughed, as the case may
be.
(12) (a) Any employee covered by this Agreement who is
retained in the service of the MTA, or who is later restored to
service after being entitled to receive a dismissal allowance and
who is required to change the point of the employee's employment
in order to retain or secure active employment in accordance with
this Agreement, and who is required to make a change in
residence, shall be reimbursed for all expenses of moving the
employee's household and other personal effects, for the
traveling expenses for the employee and members of the employee's
immediate family, including living expenses for the employee and
the employee's immediate family, and for the employee's own
actual wage loss during the time necessary for such transfer and
for a reasonable time thereafter, not to exceed five (5) working
days. The exact extent of the responsibility of the Public Body
under this Paragraph (12), and the ways and means of
transportation, shall be agreed upon in advance between the
Public Body and the affected employee, or the employee's
representatives.
(b) If any such employee is laid off within three (3)
years after changing the employee's point of employment in
accordance with subparagraph (a) of this Paragraph (12), and
elects to move the employee's place of residence back to the
employee's original point of employment, the Public Body shall
assume the expenses, losses and costs of moving to the same
extent provided in subparagraph (a) of this Paragraph (12) and
Paragraph (13) (a) hereof.
(c) No claim for reimbursement shall be paid under the
provisions of this Paragraph unless such claim is presented to
the Public Body within ninety (90) days after the date on which
the expenses were incurred. The Public Body shall have thirty
(30) days from receipt of the claim for reimbursement to
determine the amount that is reimbursable. Payment shall be made
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To: Michael A. Rubin
From: Brenda L. Diederichs B-14-94 11:37am p. 12 of 22
by the Public Body within thirty (30) days thereafter, unless
disputes arise as to such claim.
(d) Except as otherwise provided in subparagraph (b)
of this Paragraph (12), changes in residence, subsequent to the
initial changes as a result of the Project, which are not a
result of the Project but grow out of the normal exercise of
seniority rights, shall not he considered within the purview of
this Paragraph.
(13) (a) The following conditions shall apply to the extent
they are applicable in each instance to any employee who is
retained in the service of the MTA, or who is later restored to
service after being entitled to receive a dismissal allowance,
and who is required to change the point of the employee's
employment in order to retain or secure active employment in
accordance with this Agreement, and is thereby required to make a
change in residence.
If the employee owns the employee's own home in
the locality from which the employee is required to move, the
employee shall, at the employee's option, be reimbursed by the
Public Body for any lose suffered in the sale of the employee's
home for less than its fair market value, plus conventional fees
and closing costs, including, but not limited to, any real estate
commissions, loan discount, loan origination, loan closing costs,
preparation of abstract, or deed of sale, such lose to be paid
within thirty (30) days of settlement or closing on the sale of
the home. In each case, the fair market value of the home in
question shall be determined as of a date sufficiently prior to
the date of sale so as to be unaffected by the Project. The
Public Body shall, in each instance, be afforded an opportunity
to purchase the home at such fair market value before it is sold
by the employee to any other person and to reimburse the seller
for the employee's conventional fees and closing costs. In lieu
of the foregoing, the employee may elect, at the employee's sole
option, to receive an amount equal to the closing costa which are
ordinarily paid for and assumed by a seller of real estate in the
jurisdiction in which the residence is located. Such costs shall
include a real estate commission paid to a licensed realtor and
any prepayment penalty required by the institution holding the
mortgage.
If the employee is under a contract to purchase
the employee's home, the Public Body shall protect the employee
against loss under such contract, and in addition, shall relieve
the employee from any further obligation thereunder.
rAX:A934.3 -11-
To: Michael A. Rubin
From: Brenda L. Biederichs B-14-94 1L:37am F. 13 of 22.
If the employee holds an unexpired lease of a
dwelling occupied by the employee as the employee's home, the
Public Body shall protect the employee from all lose and cost in
securing the cancellation of said lease.
(b) No claim for lose shall be paid under the
provisions of this Paragraph (13) unless such claim is presented
to the Public Body within one (1) year after the effective date
of the change in residence..
(c) Should a controversy arise in respect to the value
of the home, the lose sustained in its sale, the lose under a
contract for purchase, lose and cost in securing termination of a
lease, or any other question in connection with these matters, it
shall be decided through a joint conference between the employee,
or the Union, and the Public Body. In the event they are unable
to agree, the dispute or controversy may he referred by the
Public Body or the Union to a board of competent real estate
appraisers selected in the following manner: one (1) to be
selected by the representatives of the employee, and one (1) by
the Public Body, and these two, if unable to agree within thirty
(30) days upon the valuation, shall endeavor by agreement within
ten (10) days thereafter to select a third appraiser or to agree
to a method by which a third appraiser shall be selected, and
failing such agreement, either party may request the State or
local Board of Real Estate Commissioners to designate within ten
(10) days a third appraiser, whose designation will be binding
upon the parties and whose jurisdiction shall be limited to
determination of the issues raised in this Paragraph (13) only.
A decision of a majority of the appraisers shall be required and
said decision shall be final, binding, and conclusive. The
compensation and expenses of the neutral appraiser, including
expenses of the appraisal board, shall be horse equally by the
parties to the proceedings. All other expenses shall be paid by
the party incurring them, including the compensation of the
appraiser selected by such party.
(d) Except as otherwise provided in Paragraph (12)(b)
hereof, changes in place of residence, subsequent to the initial
changes as a result of the Project, which are not a result of the
Project but grow out of the normal exercise of seniority rights,
shall not he considered within the purview of this Paragraph.
(e) "Change in residence" means transfer to a work
location which is either (A) outside a radius of twenty (20)
miles of the employee's former work location and farther from the
employee's residence than was the employee's former work
location, or (B) more than thirty (30) normal highway route miles
1.AXA4934.3 -12-
To: Michael A. Rubin From: Brenda L. Biederichs B-14-94 11:37am p. 14 of 22
from the employee's residence and also farther from the
employee's residence than was the employee's former work
location.
(14) A dismissed employee entitled to protection under this
Agreement may, at the employee's option within thirty (30) days
of the employee's dismissal or within sixty (60) days of the date
of an arbitration award establishing that the employee is a
dismissed employee, resign and (in lieu of all other benefits and
protections provided in this Agreement) accept a lump sum payment
computed in accordance with Section 9 of the Washington Job
Protection Agreement of May 1936:
Length of Service
1 year and less than 2 years
2 years and less than 3 years
3 years and less than 5 years
5 years and less than 10 years
10 years and less than 15 years
15 years and over
Separation Allowance
3
months'
pay
6
months'
pay
9
months'
pay
12
months'
pay
12
months'
pay
12
months'
pay
In the case of an employee with less than one (1)
year's service, five (5) days' pay, computed by multiplying by
five (5) the normal daily earnings (including regularly scheduled
overtime, but excluding other overtime payments) received by the
employee in the position last occupied, for each month in which
the employee performed service, will be paid as the lump sum.
(a) Length of service shall be computed as provided in
Section 7 (b) of the Washington Job Protection Agreement, as
follows:
"For the purposes of this agreement the length of
service of the employee shall be determined from the date he last
acquired an employment status with the employing carrier and he
shall be given credit for one month's service for each month in
which he performed any service (in any capacity whatsoever) and
twelve such months shall be credited as one year's service. The
employment status of an employee shall not be interrupted by
furlough in instances where the employee has a right to and does
return to service when called. In determining length of service
of an employee acting as an officer or other official
i.AX:PA936.3 -13-
To:: Michael A. Rubin From: Brenda L. Diederichs B-14-94 11:37am p. 15 of 22
representative of an employee organization he will be given
credit for performing service while so engaged on leave of
absence from the service of a carrier."
(b) One month's pay shall be computed by multiplying
by thirty (30) the normal daily earnings (including regularly
scheduled overtime, but excluding other overtime payments)
received by the employee in the position last occupied prior to
time of the employee's dismissal as a result of the Project.
(15) If seasonal employees are employed by MTA, a seasonal
employee's displacement or dismissal allowance or other make
whole remedy shall only apply during each year in the protective
period for the same number of full months in which the employee
worked in the twelve (12) full months preceding the Project;
provided an employee's earnings during other months shall not
affect the amount of the allowance due to the employee.
(16) Whenever used herein, unless the context requires
otherwise, the term "protective period" means that period of time
during which a displaced, dismissed or worsened employee is to be
provided protection hereunder and extends from the date on which
an employee is displaced, dismissed or otherwise worsened to the
expiration of six (6) years therefrom; provided, however, that
the protective period for any particular employee during which
the employee is entitled to receive the benefits of these
provisions shall not continue for a longer period following the
date the employee was displaced, dismissed or worsened than the
employee's length of service, as shown by the records and labor
agreements applicable to the employee's employment prior to the
date of the employee's displacement, dismissal or other
worsening.
(17) (a) In the event of any difference as to the proper
interpretation or application of this Agreement or otherwise
arising out of or by virtue of any provisions of this Agreement,
but not otherwise governed by Paragraph (13)(c) of this
Agreement, which remains unresolved thirty (30) days after notice
of the difference or seven (7) days after the Public Body's
denial, in whole or part, or an employee claim, whichever is
later, such may be submitted at the written request of either the
Union or the Public Body to a board of arbitration as hereinafter
provided. The Public Body and the Union shall each, within ten
(10) days, select one member of the arbitration board and the two
members thus chosen shall select a third member who shall serve
as chair. Should the two members be unable to agree upon the
appointment of the neutral member within ten (10) days, either
party may request the American Arbitration Association to furnish
i.AX:R49M-3 -14-
To: Michael A. Rubin
From: Brenda L. Biederichs 6-14-94 11:37am p. 16 of 22
a list of five (5) persons from which the neutral member shall be
selected. The parties shall, within five (5) days after the
receipt of such list, determine by lot the order of elimination,
and thereafter each shall, in that order, alternately eliminate
one name until only one name remains. The remaining person on
the list shall be the neutral member. If either party fails to
select its arbitrator within the prescribed time limit, the
highest officer of the Union or the Public Body or their
nominees, as the case may be, shall be deemed to be the selected
arbitrator, and the board of arbitration shall then function and
its decision shall have the, same force and effect as though both
parties had selected their arbitrators. If either party refuses
or otherwise fails to eliminate names from the list provided by
the American Arbitration Association, the other party shall
select the neutral member from among the names on such list and
the arbitration board shall then function and its decision shall
have the same force and effect as though both parties had
participated in the elimination of names from the list. Within
not less than forty-five (45) days after the hearing of the
dispute has been concluded and the record closed or, if oral
hearings have been waived, from the date of transmitting the
final statements and proofs to the neutral, arbitrator, the
neutral member shall deliver a proposed decision to the two other
members of the arbitration panel and any executive session of the
panel requested by either of those two members (such request to
be made within fifteen (15) days after delivery of the proposed
decision) shall he conducted within fifteen (15) days of the
request for an executive session. The decision by majority vote
of the arbitration board shall be final, binding and conclusive.
The neutral member of the arbitration board shall have the power
to subpoena witnesses upon the request of any party and to compel
the production of documents and other information denied in the
pre -arbitration period which is deemed relevant to the
disposition of the claim. Awards made pursuant to said
arbitration may include full back pay and allowances to
employee -claimants and such other remedies as may be deemed
appropriate and equitable. The salaries and expenses of the
neutral member shall be borne equally by the parties to the
proceedings, and other expenses shall be paid by the party
incurring them.
(b) In the event of any dispute as to whether or not a
particular employee was affected by the Project, it shall be the
employee's obligation to identify the Project and specify the
pertinent facts of the Project relied upon. It shall then be the
Public Body's burden to prove that factors other than the Project
affected the employee. The claiming employee shall prevail if it
is established that the Project had an effect upon the employee
t.AXAA9%.3 -Is-
To: Michael A. Rubin
From: Brenda L. Biederichs B-14-94 11:37am p. 17 of 22
even if other factors may also have affected the employee
(Hodgeon's Affidavit in Civil Action No. 825-71).
(18) Nothing in this Agreement shall be construed as
depriving any employee of any rights or benefits which such
employee may have under any existing job security or other
protective conditions or arrangements by collective bargaining
agreement or law where applicable; provided, that there shall be
no duplication or pyramiding of benefits to any employee, and,
provided further, that the benefits under this Agreement, or any
other arrangement, shall be construed to include the conditions,
responsibilities, and obligations accompanying such benefits.
This Paragraph shall be construed consistent with the Hodgson
Affidavit in Civil Action No. 825-71 and the federal court's
interpretation of the concept of "pyramiding" in New York Dock
Railway v. U.S., 609 F.2d 83, 99-101 (2d Cir. 1979).
(19) The Public Body shall be financially responsible for
the application of these conditions and will make the necessary
arrangements so that any employee affected as a result of the
Project may file a claim, either individually or through the
Union, for a dismissal or displacement allowance and/or other
make whole remedy under Paragraphs (6), (7) or (8) of this
Agreement with the Public Body within sixty (60) days of the date
the employee is terminated or laid off as a result of the
Project, or within eighteen (18) months of the date the
employee's position with respect to the employee's employment is
otherwise worsened as a result of the Project; provided, in the
latter case, if the events giving rise to the claim have occurred
over an extended period, the 18 -month limitation shall be
measured from the last such event; provided, further, that no
benefits shall be payable for any period prior to six (6) months
from the date of the filing of the claim. Unless such claims are
filed with the Public Body within said time limitations, the
Public Body shall thereafter be relieved of all liabilities and
obligations related to said claims. Within not lees than
twenty-one (21) days, the Public Body will fully honor the claim,
making appropriate payments, or will give notice to the claimant
and the employee's representative of the basis for denying or
modifying such claim, giving reasons therefor. In the event the
Public Body fails to honor such claim, the Union may invoke the
following procedures for further joint investigation of the claim
by giving notice in writing of its desire to pursue such
procedures. Within ten (10) days from the receipt of such
notice, the parties shall exchange such factual material as may
be requested of them relevant to the disposition of the claim and
shall jointly take ouch steps as may be necessary or desirable to
obtain from any third party such additional factual material as
LAXAA9aa.a —16—
To: Michael A. Rubin
From: Brenda L. Diederichs 6-14-94 11:37am p. 16 of 22
may be relevant. As soon as practicable thereafter, the parties
shall meet and attempt to agree upon the proper disposition of
the claim. If no agreement is reached, and the Public Body
decides to reject the claim, it shall give written notice of its
rejection of the claim, detailing its reasons therefor. In the
event the claim is so rejected by the Public Body, the claim may
be processed to arbitration as hereinabove provided by Paragraph
(17) .
Nothing included herein as an obligation of the Public
Body shall be construed to relieve the MTA of any obligations
which it has under existing collective bargaining agreements,
including but not limited to obligations arising from the
benefits referred to in Paragraph (11) hereof, nor make the MTA a
third -party beneficiary of the Public Body's obligations
contained herein, nor deprive the Public Body of any right of
subrogation.
(20) During the employee's protective period, a dismissed
employee shall, if the employee so requests in writing, be
granted priority of employment to fill any vacant position within
the jurisdiction and control of the Public Body and/or in the
employment of the Contractor related to its management and
operation of the transit system, reasonably comparable to that
which the employee held when dismissed, for which the employee
is, or by training or re-training can become qualified; not,
however, in contravention of collective bargaining agreements
relating thereto. In the event such employee requests such
training or re-training to fill such vacant position, the Public
Body shall provide for such training or re-training at no coat to
the employee. The employee shall be paid the salary or hourly
rate provided for in the applicable collective bargaining
agreement for such position, plus any displacement allowance
and/or make whole remedy to which the employee may be otherwise
entitled. If such dismissed employee who has made such request
fails, without good cause, within ten (10) days to accept an
offer of a position comparable to that which the employee held
when dismissed, for which the employee is qualified or for which
the employee has satisfactorily completed such training, such
employee shall, effective at the expiration of such ten-day
period, forfeit all rights and benefits under this Agreement.
As between employees who request employment pursuant to
this paragraph, the following order shall prevail where
applicable in hiring such employees:
T.AX:U934.3 -17-
To: Michael A. Rubin From: Brenda L. Diederichs B-14-94 11:37am V. 19 of 22
(a) Employees
shall be given priority
craft or class;
in the craft or class of the vacancy
over employees without seniority in such
(b) As between employees having seniority in the craft
or class of the vacancy, the senior employees, based upon their
service in that craft or class as shown on the appropriate
seniority roster, shall prevail over junior employees;
(c) As between employees not having seniority in the
craft or class of the vacancy, the senior employees, based upon
their service in the crafte or classes in which they do have
seniority as shown on the appropriate seniority rosters, shall
prevail over junior employees.
(21) This Agreement shall be binding upon the successors and
assigns of the parties hereto, and no provisions, terms, or
obligations herein contained shall be affected, modified, altered
or changed in any respect whatsoever by reason of the
arrangements made by or for the Public Body to manage and operate
the system.
The Contractor and any other person, enterprise, body,
or agency, whether publicly or privately owned, which shall
undertake the management, provision and/or operation of the
system, or any part or portion thereof, or any mass
transportation in the urbanized area of the Project under
contractual arrangements of any form with the Public Body, its
successors or assigns, shall agree, and as a condition precedent
to such contractual arrangements entered into subsequent to the
date hereof the Public Body, its successors or assigns, shall
require that such person, enterprise, body or agency agree to be
bound by the terms of this Agreement and accept the
responsibility for full performance of these conditions.
(22) The employees covered by this Agreement shall continue
to receive any applicable coverage under Railroad Retirement,
Social Security, Workers' Compensation, unemployment
compensation, and the like. In no event shall these benefits be
worsened as a result of the Project.
(23) In the event any provision of this Agreement is held by
a court of competent jurisdiction to be invalid or otherwise
unenforceable under the federal, state or local law, in the
context of a particular Project, the remaining provisions of this
Agreement shall not be affected and the invalid or unenforceable
provision shall be renegotiated by the Public Body and the Union
for purpose of adequate replacement under section 13(c) of the
i.AX:8A934.3 -18-
To: Michael A. Rubin
From: Brenda L. Biederichs B-14-94 11:37am p. 20 of 22
Act. If ouch negotiation shall not result in mutually
satisfactory agreement, any party may invoke the jurisdiction of
the Secretary of Labor to determine substitute fair and equitable
employee protective arrangements for application only to the
particular Project, which shall be incorporated in this Agreement
only as applied to that Project, and any other appropriate
action, remedy or relief.
(24) If the MTA shall have rearranged or adjusted its forces
in anticipation of the Project, with the effect of depriving an
employee of benefits to which the employee should be entitled
under this Agreement, the provisions of this Agreement shall
apply to such employee as of the date when the employee was so
affected.
(26) In the context of a particular Project, any other ATU
local union which is the collective bargaining representative of
urban mass transportation employees in the service area of the
Public Body who may be affected by the assistance to the Public
Body within the meaning of 49 U.S.C.. § 1609(c), may become a
party to this Agreement as applied to the Project, by serving
written notice of its desire to do so upon the Union, the Public
Body, and the Secretary of Labor. Any objection to such labor
organization's becoming a party to this Agreement shall be filed
in writing with the Secretary of Labor and the other party or
parties to this Agreement within not less than thirty (30) days
of the notice provided. Absent any such timely objection, the
labor organization shall be deemed a party to this Agreement.
(27) In the event any Project to which this Agreement
applies is approved for assistance under the Act, the foregoing
T.AX:90U.3 -19-
,0:: ,.Cnae. nl M1LO ln. rrL]m: ❑ranoa �.: O�c:lcrlchs G-li-tl4 11..]/dm P. it at �..
terms and conditions shall be made part of the contract of
assistance between the federal government and the Public Body or
other applicant for federal funds; provided, however, that this
Agreement shall not merge into the contract of assistance but
shall be independently binding and enforceable by and upon the
parties hereto, and by any covered employee or the employee's
representative, in accordance with its terms, nor shall any other
employee protective agreement or arrangements nor any collective
bargaining agreement merge into or be superseded by this
Agreement', but each shall be independently binding and
enforceable by and upon the parties thereto, in accordance with
its terms.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by their duly authorized representatives this
day of _
1994.
CITY OF SANTA CLARITA
City Manager
LOCAL UNION 1277, AMALGAMATED
TRANSIT UNION AFL-CIO
APPROVED AS TO FORM•
By
City Attorney
By
City Clerk
T.A7CAOU.3 -20-