TENTATIVE AGREEMENT HIGHLIGHTS AND REVIEW NATIONAL MASTER FIRST STUDENT AGREEMENT

TENTATIVE AGREEMENT TENTATIVE AGREEMENT HIGHLIGHTS AND REVIEWHIGHLIGHTS AND REVIEW

NATIONAL MASTERNATIONAL MASTERFIRST STUDENTFIRST STUDENT

AGREEMENTAGREEMENT

STRUCTURESTRUCTURE OF THE OF THE MASTER AGREEMENTMASTER AGREEMENT

UNIQUE TO THE SCHOOL BUS INDUSTRYUNIQUE TO THE SCHOOL BUS INDUSTRY

OVERLAY LOCAL AGREEMENTS WHICH WILL OVERLAY LOCAL AGREEMENTS WHICH WILL BE LIKE SUPPLEMENTSBE LIKE SUPPLEMENTS

EXISTING AGREEMENTS REMAIN IN FULL EXISTING AGREEMENTS REMAIN IN FULL EFFECTEFFECT

STRUCTURE OF THESTRUCTURE OF THE MASTER AGREEMENT MASTER AGREEMENT

ECONOMICS TO BE NEGOTIATED LOCALLYECONOMICS TO BE NEGOTIATED LOCALLY

UNIQUE TERMS AND CONDITIONS TO BE UNIQUE TERMS AND CONDITIONS TO BE NEGOTIATED LOCALLYNEGOTIATED LOCALLY

ARTICLE 1.Parties to the Agreement

Operates like other Teamster National Operates like other Teamster National AgreementsAgreements

Unions CoveredUnions Covered: Locals and Teamsters First : Locals and Teamsters First Student National Negotiating CommitteeStudent National Negotiating Committee

Employer CoveredEmployer Covered: First Student – U.S. : First Student – U.S. OperationsOperations

Local agreements must be submitted to Local agreements must be submitted to National Union Committee for approvalNational Union Committee for approval

National Union Committee and Company National Union Committee and Company agree to get together to try to resolve agree to get together to try to resolve negotiating disputes negotiating disputes

21 day cooling off period after involvement 21 day cooling off period after involvement of National Union Committee or 5 days of National Union Committee or 5 days after National Union Committee states that after National Union Committee states that further bargaining would be fruitlessfurther bargaining would be fruitless

Section 1. Scope and Approval of Local SupplementsSection 1. Scope and Approval of Local Supplements

ARTICLE 2.ARTICLE 2.Scope of AgreementScope of Agreement


continuedcontinued

Art. 2, Section 1: “Best of both worlds clause”Art. 2, Section 1: “Best of both worlds clause”

“… “… any previously adopted local agreement, practice or any previously adopted local agreement, practice or provision which provides provision which provides less thanless than the wages, hours, and the wages, hours, and working conditions established by this Agreement and the working conditions established by this Agreement and the supplements and/or riders hereto shall become supplements and/or riders hereto shall become null and null and voidvoid.” .”

“… “… any any lesser conditionslesser conditions contained in any Supplement, contained in any Supplement, Rider or Addendum hereto shall be Rider or Addendum hereto shall be supersededsuperseded by the by the conditions contained in this National Agreement.” conditions contained in this National Agreement.”

““However, nothing in this National Agreement shall However, nothing in this National Agreement shall deprive any employee of any deprive any employee of any superior benefitsuperior benefit or term or term contained in their Supplement, Rider or Addendum.”contained in their Supplement, Rider or Addendum.”


continuedcontinued

Accretion Clause - Accretion Clause - SeeSee Section 2 last Section 2 last paragraphparagraph

Additional Operations - National Agreement Additional Operations - National Agreement will apply to newly organized operationswill apply to newly organized operations

Single Bargaining Unit – National Agreement Single Bargaining Unit – National Agreement creates single bargaining unitcreates single bargaining unit

ARTICLE 3.ARTICLE 3.Union Recognition and DuesUnion Recognition and Dues

Standard Union security requirements and Standard Union security requirements and dues check-off languagedues check-off language

Union entitled to the strongest union Union entitled to the strongest union security permitted by law: “security permitted by law: “This paragraph This paragraph shall be interpreted to provide the Union and shall be interpreted to provide the Union and its Local Unions with the maximum Union its Local Unions with the maximum Union Security that may be legally permissible.”Security that may be legally permissible.”

Company also agrees to check-off for DRIVE Company also agrees to check-off for DRIVE

ARTICLE 4.ARTICLE 4.Transfer of Company Title or InterestTransfer of Company Title or Interest

““Successorship” clauseSuccessorship” clause

Company required to give notice of this Company required to give notice of this agreement and make sure that a successor agreement and make sure that a successor adopts the contractadopts the contract

Article 5.Article 5.Job StewardsJob Stewards

Standard Steward LanguageStandard Steward Language

Reasonable time during regular schedule to Reasonable time during regular schedule to perform steward dutiesperform steward duties

ARTICLE 6.ARTICLE 6.Maintenance of StandardsMaintenance of Standards

“…“…all conditions of employment relating to all conditions of employment relating to wages, hours of work, overtime differentials, wages, hours of work, overtime differentials, other benefits or forms of compensation and other benefits or forms of compensation and general working conditions shall be general working conditions shall be maintained at maintained at not less than the highest not less than the highest standards standards in effect at the time at that in effect at the time at that location of the signing of this Agreement and location of the signing of this Agreement and the the conditions of employment shall be conditions of employment shall be improved wherever specific provisions for improved wherever specific provisions for improvements are made elsewhere in this improvements are made elsewhere in this AgreementAgreement, or have been negotiated for , or have been negotiated for adequate replacement…” adequate replacement…”

ARTICLE 7.ARTICLE 7.Protection of RightsProtection of Rights

Company prohibited from direct dealing Company prohibited from direct dealing

Right to honor picket lines protectedRight to honor picket lines protected

Right to refuse to perform struck workRight to refuse to perform struck work

ARTICLE 8. ARTICLE 8. Access to PremisesAccess to Premises

Right of Union officials to have access to Right of Union officials to have access to workplace without advance noticeworkplace without advance notice

Union entitled to bulletin boardUnion entitled to bulletin board

Right to obtain certain records and other Right to obtain certain records and other information from Companyinformation from Company

Company to provide information within 7 daysCompany to provide information within 7 days

ARTICLES 9-10ARTICLES 9-10

Art. 9 Art. 9 Compensation ClaimsCompensation Claims – Company agrees – Company agrees to cooperate toward the prompt settlement of to cooperate toward the prompt settlement of on-the-job injury claims. Company required to on-the-job injury claims. Company required to provide compensation coverage. provide compensation coverage.

Art. 10 Art. 10 Military ClauseMilitary Clause – Company to comply – Company to comply with USERRA and Reserve Forces Act.with USERRA and Reserve Forces Act.

ARTICLE 11.ARTICLE 11.Discipline and DischargeDiscipline and Discharge

““Just cause” requiredJust cause” required

Progressive discipline required except in Progressive discipline required except in severe situationssevere situations

Warning notices shall expire 9 months from Warning notices shall expire 9 months from occurrenceoccurrence

““All employees shall receive their normal All employees shall receive their normal pay and benefits during the course of any pay and benefits during the course of any investigation by the Employer which may investigation by the Employer which may lead to the imposition of discipline.”lead to the imposition of discipline.”

Company must advise employees of Company must advise employees of WeingartenWeingarten rights rights

ARTICLE 11.ARTICLE 11. Discipline and Discharge Discipline and Discharge

continuedcontinued

Company must meet with CustomerCompany must meet with Customer Company must seek to get Union in to meet Company must seek to get Union in to meet

with Customerwith Customer Company must make “every effort” to place Company must make “every effort” to place

employee in equivalent work, in unit, or if employee in equivalent work, in unit, or if not possible in other mutually agreeable not possible in other mutually agreeable locationslocations

Company cannot initiate Customer removalCompany cannot initiate Customer removal

CUSTOMER REMOVAL PROTECTIONSCUSTOMER REMOVAL PROTECTIONS


Article 12Article 12. No Discrimination. Also protects employee . No Discrimination. Also protects employee right to go to court.right to go to court.

Article 13Article 13. No Harassment of employees in any manner.. No Harassment of employees in any manner.

Article 14Article 14. Absence for Union business. Employees . Absence for Union business. Employees granted time off to go to union conventions or serve in granted time off to go to union conventions or serve in other union capacity. Up to 30 days but may be longer other union capacity. Up to 30 days but may be longer on mutual consent.on mutual consent.

Article 15Article 15. Company must provide any required . Company must provide any required uniforms free of charge. uniforms free of charge. Also,Also, e employees can wear a mployees can wear a reasonable Teamster union pin or buttonreasonable Teamster union pin or button..

ARTICLE 16.ARTICLE 16.PassengersPassengers

Drivers, Monitors and Aides shall be entitled to Drivers, Monitors and Aides shall be entitled to have their own minor children accompany them have their own minor children accompany them on their routes provided they are older than 1 on their routes provided they are older than 1 year and weigh more than 20 pounds and year and weigh more than 20 pounds and provided that the customer does not affirmatively provided that the customer does not affirmatively prohibit such ridershipprohibit such ridership

ARTICLE 17.Loss or Damage

No discipline for loss or damage unless No discipline for loss or damage unless just cause is shown. (i.e. no no-fault just cause is shown. (i.e. no no-fault discipline for damage). discipline for damage).

Cannot be charged for loss or damage to Cannot be charged for loss or damage to equipment under any circumstances.equipment under any circumstances.

ARTICLE 18.ARTICLE 18.Court AppearancesCourt Appearances

When an employee is required by the Company When an employee is required by the Company oror a subpoena to testify in court about any a subpoena to testify in court about any accident or conduct he/she witnessed or was accident or conduct he/she witnessed or was involved in during working hours, he will not lose involved in during working hours, he will not lose pay. Provided he/she is not charged or convicted pay. Provided he/she is not charged or convicted of criminal negligence or convicted of drunk of criminal negligence or convicted of drunk driving during working hours.driving during working hours.

ARTICLE 19.Daily Maintenance of Bus

Article 19 requires that members “be paid for all time Article 19 requires that members “be paid for all time spent cleaning, checking, inspecting and sanitizing spent cleaning, checking, inspecting and sanitizing buses.” The Article also requires that the company buses.” The Article also requires that the company provide all necessary equipment provide all necessary equipment ANDAND training training before any member is required to handle hazardous before any member is required to handle hazardous or bodily waste. “Employees shall not be required to or bodily waste. “Employees shall not be required to clean or handle blood, bodily waste or fluids, clean or handle blood, bodily waste or fluids, chemicals or other hazardous materials unless chemicals or other hazardous materials unless provided proper equipment and training.” provided proper equipment and training.”


Art. 20. Company will pay fine for any equipment violation that is not the fault of the driver.

Art. 21. Company will honor Union’s internal jurisdictional determinations.

Art. 22. Company will provide locked glass bulletin boards for Union use for official business.

Art. 23. Company will pay for all required personal ID including replacement costs.

ARTICLE 24.ARTICLE 24.Personnel FilesPersonnel Files

Employees will have access to their employee Employees will have access to their employee records, in the presence of a Union Steward or records, in the presence of a Union Steward or Representative, including the opportunity to place Representative, including the opportunity to place a rebuttal to any document in the file. Further, a rebuttal to any document in the file. Further, Article 24 requires that documents be presented Article 24 requires that documents be presented to members before they are added to the file. to members before they are added to the file.

ARTICLE 25.ARTICLE 25.Defective Equipment and ConditionsDefective Equipment and Conditions

““Under no circumstances will an employee be Under no circumstances will an employee be required to engage in any activity involving required to engage in any activity involving dangerous conditions of work or danger to person or dangerous conditions of work or danger to person or propertyproperty

“ “Any equipment which is refused because it is not Any equipment which is refused because it is not mechanically sound or properly equipped shall not mechanically sound or properly equipped shall not be used by other drivers until the Maintenance be used by other drivers until the Maintenance Department has adjusted the complaint.”Department has adjusted the complaint.”

Company must provide clean, safe and functional Company must provide clean, safe and functional lots/yards including proper lightinglots/yards including proper lighting and and maintenance to all areas as well as “clean and maintenance to all areas as well as “clean and sanitary restrooms with functioning hot and cold sanitary restrooms with functioning hot and cold water sink faucets.” water sink faucets.”

““Whistleblower” protection for employees who file Whistleblower” protection for employees who file safety complaints.safety complaints.

ARTICLE 26.ARTICLE 26.UpgradingUpgrading

Employees will be upgraded “on a voluntary basis and such training time will be paid for by the Employer.” The Agreement spells out the process for upgrading, including seniority recognition and a provision that “employees will be allowed forty (40) hours for any upgrading training at the non-revenue rate of pay.”


Art. 27 Drug/Alcohol PolicyArt. 27 Drug/Alcohol PolicyCompany policy is attached and made part Company policy is attached and made part of the Agreement. of the Agreement. Parties will adhere to all DOT rules and Parties will adhere to all DOT rules and regulations.regulations.

Art. 28 Layoff NoticeArt. 28 Layoff NoticeAt least 5 days advance notice of a At least 5 days advance notice of a permanent layoff for lack of work or permanent layoff for lack of work or applicable law, whichever is greater.applicable law, whichever is greater.


Art. 29 Member transfer rights. If a member is assigned for the Employer’s convenience “to a lower paying classification, said employee shall continue to be compensated at the employee’s normal hourly rate.”

Art. 30. Strong seniority language. Seniority prevails. Also provides that any member who transfers to another site retains seniority for purposes of wage and benefit provisions/progressions, but is end-tailed into the new location for all bidding purposes.

Art. 31. Quarterly posting of Seniority list – 30 days to challenge inaccuracies

ARTICLE 32. Jury DutyARTICLE 32. Jury Duty

Paid Jury LeavePaid Jury Leave - Any employee called for jury - Any employee called for jury duty, “shall be paid his regular rate of pay for all duty, “shall be paid his regular rate of pay for all days the employee serves on the jury for up to days the employee serves on the jury for up to three weeks per year” upon presentation and three weeks per year” upon presentation and proof by the employee. The company may deduct proof by the employee. The company may deduct government jury duty pay from the employee’s government jury duty pay from the employee’s paycheck. The Company and employee agree to paycheck. The Company and employee agree to cooperate to minimize the impact on Jury duty on cooperate to minimize the impact on Jury duty on the Company. the Company.

ARTICLE 33ARTICLE 33

Art. 33. Exclusive Agreement This is the only National agreement However, “nothing in this agreement shall result in the reduction of pay or benefits to employees in the bargaining unit.”

ARTICLE 34.ARTICLE 34.Unit WorkUnit Work

Bargaining unit personnel shall perform unit Bargaining unit personnel shall perform unit work except in the absence of sufficient work except in the absence of sufficient employees or a recognized emergency.employees or a recognized emergency.

The Company will not subcontract, lease or The Company will not subcontract, lease or diminish bargaining unit work opportunities.diminish bargaining unit work opportunities.

The Company will hire more bargaining unit The Company will hire more bargaining unit employees when there is sufficient work.employees when there is sufficient work.

ARTICLE 35.ARTICLE 35.Summer RecessSummer Recess

The Company agrees to support the The Company agrees to support the application for unemployment insurance application for unemployment insurance sought by employees who are not working sought by employees who are not working during the summer recess. during the summer recess.

ARTICLE 36.ARTICLE 36.Positive Relations CommitteePositive Relations Committee

The Company and Union agree to “work The Company and Union agree to “work jointly to develop a positive labor-jointly to develop a positive labor-management relationship … to management relationship … to demonstrate that labor-management demonstrate that labor-management collaboration can produce market-leading collaboration can produce market-leading competitive performance and a superior competitive performance and a superior workplace for employees.” This Article workplace for employees.” This Article establishes a joint committee to “review establishes a joint committee to “review and discuss issues of mutual importance and discuss issues of mutual importance and to resolve disputes” around issues of and to resolve disputes” around issues of national significance to the Members.national significance to the Members.

ARTICLE 37.ARTICLE 37.Work Rules / PoliciesWork Rules / Policies

All rules and policies (including handbook) must be reasonable.

Union must be given advance notice of any proposed changes or new policies (including handbook).

Union must be given opportunity to substantively confer prior to implementation of any new rules/policies or changes (including handbook).

Union can challenge the substance and reasonableness of the rules/policies (including handbook) as well as the implementation through arbitration or other appropriate legal processes.

ARTICLE 38.ARTICLE 38.FMLAFMLA

Employees who have worked a minimum of 700 Employees who have worked a minimum of 700 hours, rather than the standard 1,250, within any hours, rather than the standard 1,250, within any 12-month period are eligible for FMLA and any 12-month period are eligible for FMLA and any relating state law that applies. The employee’s relating state law that applies. The employee’s seniority will continue during the leave, and the seniority will continue during the leave, and the Employer will maintain any health insurance Employer will maintain any health insurance coverage during the leave period. “It is specifically coverage during the leave period. “It is specifically understood that an employee will not be required understood that an employee will not be required to repay any of the employer contributions for to repay any of the employer contributions for his/her health insurance during leave but shall be his/her health insurance during leave but shall be responsible for his/her contributions during this responsible for his/her contributions during this absence. No employee will be disciplined for absence. No employee will be disciplined for requesting or taking leave under this Article.”requesting or taking leave under this Article.”

ARTICLES 39-40

Art. 39. Hours of Work. Employees will be paid for all time in the service of the employer.

Art. 40. Examinations. When directed by the Employer, all examinations shall be paid for by the Employer. If an employee is removed from work to take such examination and is later determined to be fit for work, the employee will be made whole by the Employer. The Union must be notified prior to any Member being forced to see a doctor and Employer must advise employee of Weingarten rights.

ARTICLE 41.ARTICLE 41.Background ChecksBackground Checks

Limited scope for background checks. “it is Limited scope for background checks. “it is understood that during the tenure of the employee’s understood that during the tenure of the employee’s employment, they will be subject to subsequent employment, they will be subject to subsequent background checks which background checks which shall be limited to criminal shall be limited to criminal and driving records.and driving records.” No credit information will be ” No credit information will be used against the employee.used against the employee.

Pay protection during background checks. Article 42 Pay protection during background checks. Article 42 provides that any employee who is “returning for work provides that any employee who is “returning for work after an absence and is ready, willing and able to work after an absence and is ready, willing and able to work shall not sustain an economic loss due to any delay as shall not sustain an economic loss due to any delay as a result of completing the background check.”a result of completing the background check.”

ARTICLE 42.ARTICLE 42.Joint National Grievance Review CommitteeJoint National Grievance Review Committee

To expedite cases and minimize costs for Local Unions engaged in the grievance process over issues of national or Regional importance, the Agreement establishes the JNGRC which will meet quarterly “to review such disputes prior to the submission of the matter to the final authority for resolution (whether an arbitrator or a panel) set forth in the local agreement out of which the dispute arises or this National Agreement.”

The JNGRC “shall function with the same authority as a neutral arbitrator or mediator. The JNGRC shall have the authority to issue final and binding decisions…. If the JNGRC deadlocks the dispute will go back to the parties to handle in their normal way (arbitration or panel).

Unresolved disputes arising from the National Agreement language shall be submitted to final and binding arbitration upon written notice from either party.

ARTICLE 43.ARTICLE 43.No-Strike / No-LockoutNo-Strike / No-Lockout

Only applies to matters that can be resolved through the Only applies to matters that can be resolved through the contractual grievance procedures andcontractual grievance procedures and

Only applies when Only applies when bothboth the National Agreement the National Agreement andand Local agreement are in full force and effect. The only Local agreement are in full force and effect. The only exception is for the one time “cooling off” period which exception is for the one time “cooling off” period which allows the National Union Committee to attempt to allows the National Union Committee to attempt to assist the Local Union in resolving its negotiations with assist the Local Union in resolving its negotiations with the Company.the Company.

No nationwide strikes during the life of the national No nationwide strikes during the life of the national agreement. agreement.

The no-strike obligation is limited:The no-strike obligation is limited:

ARTICLES 44.ARTICLES 44.Direct DepositDirect Deposit

Company agrees to use direct deposit if the employee chooses to use it. The employees cannot be forced to use direct deposit.

ARTICLE 45.ARTICLE 45.Miscellaneous Benefit ProvisionsMiscellaneous Benefit Provisions

Drivers will not be required to chaperone passengers Drivers will not be required to chaperone passengers outside the bus during overnight field trips;outside the bus during overnight field trips;

Drivers cannot be required to share hotel rooms;Drivers cannot be required to share hotel rooms;

““No employee shall be required to front any lodging, No employee shall be required to front any lodging, fuel, or repair expenses;”fuel, or repair expenses;”

The Employer will reimburse drivers for phone calls The Employer will reimburse drivers for phone calls and expenses having a direct relation to operations;and expenses having a direct relation to operations;

““Expense reimbursements shall be paid no later Expense reimbursements shall be paid no later than the next pay period following submission of than the next pay period following submission of receipts.”receipts.”

OUT OF TOWN TRIP PROTECTIONSOUT OF TOWN TRIP PROTECTIONS

ARTICLE 45.ARTICLE 45.Miscellaneous Benefit ProvisionsMiscellaneous Benefit Provisions

continuedcontinued

Contractual requirements for resolution of payroll Contractual requirements for resolution of payroll discrepancies. Any payroll discrepancy of $50 or more, discrepancies. Any payroll discrepancy of $50 or more, not due to the fault of the employee and promptly not due to the fault of the employee and promptly brought to the attention of management, will be brought to the attention of management, will be corrected within twenty-four (24) hours by cash or corrected within twenty-four (24) hours by cash or check. Payroll discrepancy of less than $50 will be check. Payroll discrepancy of less than $50 will be corrected in the following week’s paycheck” corrected in the following week’s paycheck”

Company-provided flu shots. “the Company shall Company-provided flu shots. “the Company shall make flu shots available to all bargaining unit make flu shots available to all bargaining unit personnel at no cost to the employee.”personnel at no cost to the employee.”

Participation in and company contributions to either a Participation in and company contributions to either a Teamster or Company 401(k) plan. “Subject to local Teamster or Company 401(k) plan. “Subject to local agreement, the bargaining unit will be eligible to agreement, the bargaining unit will be eligible to participate in either the Company’s 401(k) plan or a participate in either the Company’s 401(k) plan or a Teamster 401(k) plan in accordance with the rules and Teamster 401(k) plan in accordance with the rules and regulations established in each plan. The Company’s regulations established in each plan. The Company’s matching contribution shall be paid to either plan.” matching contribution shall be paid to either plan.”

ARTICLE 47.ARTICLE 47.Health CareHealth Care

Establishes a joint committee specifically to Establishes a joint committee specifically to address employer-provided health care. The address employer-provided health care. The committee shall meet quarterly. The parties committee shall meet quarterly. The parties commit to finding alternative ways of providing commit to finding alternative ways of providing affordable health care to all members of the affordable health care to all members of the bargaining unit. The parties recognize the bargaining unit. The parties recognize the importance of importance of employer employer provided health care. provided health care.

ARTICLES 46, 48-49ARTICLES 46, 48-49

Art. 46 - Gender clauseArt. 46 - Gender clause

Art. 48 - Separability and savings clauseArt. 48 - Separability and savings clause

Art. 49 – TerminationArt. 49 – Termination

Just under 4 years in durationJust under 4 years in duration

Where a local agreement expires before that it Where a local agreement expires before that it operates as a complete reopener with right to operates as a complete reopener with right to strike, subject only to the cooling off period. strike, subject only to the cooling off period.

General contract provisionsGeneral contract provisions

FREEDOM OF ASSOCIATIONFREEDOM OF ASSOCIATION

For the first time the Company’s FOA policy is For the first time the Company’s FOA policy is now part of a binding contract that we can now part of a binding contract that we can enforceenforce

This requires the Company to be completely This requires the Company to be completely neutral in any location the Union is organizing.neutral in any location the Union is organizing.

Disputes under the FOA can be resolved through Disputes under the FOA can be resolved through binding arbitration.binding arbitration.

TENTATIVE AGREEMENT HIGHLIGHTS AND REVIEW NATIONAL MASTER FIRST STUDENT AGREEMENT

Documents

Transcript of TENTATIVE AGREEMENT HIGHLIGHTS AND REVIEW NATIONAL MASTER FIRST STUDENT AGREEMENT