TriMet Contract - Amalgamated Transit Union -Local 757

Working & Wage AgreementPA R T N E R S H I PF O R P R O G R E S S& M O B I L I T YDecember 1, 2003 - November 30, 2009i

TABLE OF CONTENTSINTRODUCTION .......................................................... 1ARTICLE I – GENERAL PROVISIONS ............................ 2Section 1 – TERM OF AGREEMENT ....................... 2Section 2 – ASSOCIATION ..................................... 3Par. 1 Recognition .................................................................. 3Par. 2 Membership ................................................................ 3Par. 3 Representative’s Rights ............................................ 4Par. 4 Compliance With Law ............................................... 5Par. 5 Affirmative Action ....................................................... 5Section 3 – ADJUSTMENT OF GRIEVANCES &ARBITRATION ...................................................... 5STEP I ........................................................................................ 6STEP II ....................................................................................... 7STEP III ...................................................................................... 7STEP IV ...................................................................................... 7Section 4 – DISCIPLINE ......................................... 9Section 5 – NO STRIKE, NO LOCKOUT ................. 10Section 6 – OVERTIME ........................................ 11Section 7 – VACATIONS ....................................... 11Section 8 – HOLIDAYS ......................................... 15Section 9 – HEALTH AND WELFARE BENEFITS .... 17Par. 1 Medical, Hospital, Prescription Drug,Dental, Convalescence and Optical ................................ 17Par. 2 Benefits Coordinator ...............................................19Par. 3 Employee Assistance Program .............................20Par. 4 Group Life and Accident and SicknessInsurance ......................................................................... 21Par. 5 Sick Pay .......................................................................22Par. 6 Workers’ Compensation .........................................24Par. 7 Death and Felonious AssaultInsurance .........................................................................24Par. 8 Funeral Leave ............................................................24Section 10 – RETIREMENT PAY ........................... 25Section 11 – PERMANENT DISABILITY ................. 25Section 12 – CONTINUOUS SERVICE DEFINITION 25Section 13 – SENIORITY PROVISIONS ................. 27Section 14 – LAYOFF ........................................... 27Section 15 – SAFETY ........................................... 28Section 16 – JURY SERVICE PAY .......................... 28iii

Section 17 – MODIFIED RETURN TO WORK ......... 29Section 18 – FREE TRANSPORTATION ................ 30Section 19 – OTHER PROVISIONS ....................... 30Par. 12 Child Care/Elder Assistance Program ..............33Par. 13 Portland Activities Bus ..........................................34Par. 14 Transit Exchange Program ...................................34ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT ..................... 35Section 1 – OPERATORS ..................................... 35Par. 1 General .......................................................................35Par. 2 Allowances ................................................................37Par. 3 Extra Operators .......................................................39Par. 4 Claims .........................................................................39Par. 5 Overtime ....................................................................40Par. 6 Off Duty ..................................................................... 41Par. 7 Sign-Ups ....................................................................42Par. 8 Layoff ..........................................................................43Par. 9 Other Provisions ......................................................44Par. 10 Extra Board Rules ..................................................46Assigning Work ..............................................................46Report Operators .........................................................47Pass-Ups .........................................................................48Par. 11 Extra Service ............................................................52Par. 12 Special Work ............................................................53Section 2 – MINI-RUNS ....................................... 53Section 3 – STATION AGENTS/CLERKS ................ 57Section 4 – INSTRUCTORS .................................. 58Section 5 – ROAD OPERATIONS .......................... 59Par. 1 Dispatchers ................................................................59Par. 2 Road Supervisors .....................................................60Section 6 – FARE INSPECTORS ........................... 61Section 7 – OTHER PROVISIONS ......................... 62Section 8 – UNIFORMS ....................................... 63Section 9 – LIGHT RAIL ....................................... 64Par. 10 Training Assistants – Light Rail ...........................67Par. 11 Rail Allowances .......................................................68ivARTICLE III – OPERATIONS DIVISION/MAINTENANCEDEPARTMENT .................................................... 69

Section 1 – GENERAL ......................................... 69Section 2 – FILLING OF POSITIONS .................... 71Section 3 – SCHEDULE SIGN-UPS ....................... 74Section 4 – LAYOFFS .......................................... 77Section 5 – ALLOWANCES .................................. 78Section 6 – NIGHT SHIFTS .................................. 79Section 7 – MECHANIC TRAINING PROGRAM ..... 80Section 8 – TIRE SERVICE ................................... 82Section 9 – MAINTENANCE DEPARTMENTASSISTANCE FUND .................................. 83Section 10 – UTILITY HELPERS ............................ 85Section 11 – LRT MAINTENANCE VEHICLEMECHANICS’ TRAINING ................................ 86Section 12 – LRT VEHICLE MECHANICS’ SENIORITY.......................................................................... 86Section 13 – LRT SAFETY INSPECTIONS .............. 87Section 14 – CONTRACTING OUT ........................ 87Section 15 – LRT APPRENTICESHIP TRAININGPROGRAMS .................................................. 90Section 16 – ASSISTANT SUPERVISOR - RAIL ...... 94Section 17 – BUS MAINTENANCE OVERTIME ...... 95Section 18 – OTHER PROVISIONS ....................... 98Section 19 – TRAINING ASSISTANTS ................... 99Section 20 – STORES DEPARTMENT ................. 100Par. 3 Longevity ................................................................. 100Par. 4 Utility Partsperson ..................................................101Par. 5 Storeroom Personnel ........................................... 102ARTICLE IV – OPERATIONS DIVISION/FACILITIESMAINTENANCE ....................................................... 103Section 1 – GENERAL ....................................... 103Section 2 – FILLING OF POSITIONS ................... 103Section 3 – OTHER PROVISIONS ....................... 104Section 4 – JANITORS ....................................... 105Section 5 – APPRENTICE PROGRAMS ............... 105ARTICLE V – FINANCE DIVISION .............................. 106Section 1 – PURCHASING DEPARTMENT ........... 106Section 2 – GENERAL ....................................... 106v

ARTICLE VI – MARKETING DEPARTMENT ................ 107Section 1 – CUSTOMER SERVICE DEPARTMENTSTAFFING ........................................................ 107Par. 1 Trip Planners .......................................................... 107Par. 2 Customer Service Specialists ............................ 107Par. 3 Customer Service Representatives ................. 107Par. 4 Pioneer Courthouse Square AssistantSupervisor .................................................................... 107Par. 5 Employees in Training ......................................... 108Par. 6 Overtime ................................................................. 108Par. 7 Off Duty .................................................................. 108Par. 8 Sign-Ups ................................................................. 109Par. 9 Vacations ................................................................ 109Par. 10 Aprons/Coveralls/Uniforms ............................ 109Par. 11 Training ....................................................................110Section 2 – TRANSIT ADVERTISING ....................110ARTICLE VII – OPERATIONS PLANNING AND SCHEDUL-ING DEPARTMENT ...................................................111Section 1 ...........................................................111ARTICLE VIII – PAY SCHEDULES ................................112New Jobs and Classifications ................................................ 123Transit Police .............................................................................. 124Contracting Out ......................................................................... 125PENSION PLAN AND PERMANENT DISABILITY ..131RETIREEE BENEFITS ........................................ 138SIDE LETTERS .................................................. 140Emergency Operations .......................................................... 142Portland Streetcar Special Project ........................................ 143APPENDIX A ........................................................... 149INDEX ......................................................................151vi

INTRODUCTIONTri-County Metropolitan TransportationDistrict of OregonandAmalgamated Transit UnionDivision 757WORKING AND WAGE AGREEMENTDecember 1, 2003 throughNovember 30, 2009THIS AGREEMENT, made and entered into as of December1, 2003 by and between TRI-COUNTY METROPOLITANTRANSPORTATION DISTRICT OF OREGON (hereinafter forconvenience called the District), its successors and assigns,party of the first part, and of the AMALGAMATED TRANSITUNION, DIVISION 757 OF PORTLAND, OREGON, (hereinaftercalled the Association), party of the second part,WITNESSETH: PREAMBLEIt is recognized by the parties hereto that the District, a publiclyowned municipal corporation, is engaged in operating atransit system in the three Oregon counties of Clackamas,Multnomah, and Washington, and that so long as the Districtis engaged in such operation, in order to provide adequateservice the employees of the District in operating the transitsystem are entitled to fair wages and working conditions.It is also recognized that to protect the interest of the public,efficient, reliable, and convenient service must be givenwith resources available. This can only be accomplishedby maintenance of adequate and effective facilities fromwhich careful, competent, and courteous employees operatemodern equipment. It is the purpose of this Agreement toaid in the accomplishment of these purposes set forth and tothat end it is mutually agreed as follows:1

ARTICLE I — GENERAL PROVISIONSARTICLE I — GENERAL PROVISIONSSection 1— TERM OF AGREEMENTPar. 1. This Agreement shall be in effect from December 1,2003 through November 30, 2009 and shall continue monthto month thereafter unless either party gives sixty (60) daysnotice of opening.Par. 2. SeverabilityIf any term or provision of the Working Agreement or theapplication thereof to any person or circumstance shall toany extent be determined by final judgment or ruling of acourt or state administrative body to be illegal, invalid, orunenforceable for any reason whatsoever, the remainder ofthe Working Agreement and the application of its terms andprovisions shall not be affected thereby, and shall be validand enforceable to the fullest extent permitted by law.Par. 3. This Agreement may be reopened by either partyand subject to further negotiations in the event of theestablishment of a national wage policy by an agency of theFederal Government during a national emergency only if suchwage policy prevents either of the parties from enforcing theterms of the Agreement.Par. 4. During the term of the labor agreement, the GeneralManager of the District and the Business Representative ofthe Association will call joint meetings of representativesof the District and Association for purposes of evaluatingprogress under the labor agreement and the general relationsbetween the parties. Such meetings are to be held at not lessthan six-month intervals.2Par. 5. Joint Labor Relations CommitteeThere shall be created a Joint Labor Relations Committee,whose primary purpose will be:a. To improve communication and understanding on issuesof common interest to both parties;b. To be the exclusive source of issuing side letter andmemorandum of understanding agreements; andc. To attempt to resolve/settle grievances that have been

ARTICLE I — GENERAL PROVISIONSconsidered by the grievance committee and have beenmoved to and are pending arbitration.Par. 6. The Joint Labor Relations Committee shall meet notless frequently than monthly or more frequently as mutuallyagreed. There shall be no more than five (5) Associationand five (5) Management members on the committee; eachparty shall be responsible for the selection of its individualmembers. The District shall pay for a maximum of two (2)working members to attend these committee meetings.Section 2 — ASSOCIATIONPar. 1. Recognitiona. The District recognizes the Association as the exclusivebargaining agent for all employees in the bargaining unit.b. The bargaining unit includes all employees in theclassifications set forth in the wage section of thisAgreement and all employees regardless of title,who perform the work normally performed by thoseclassifications.Par. 2. Membershipa. All persons covered by this Agreement shall maintainmembership in good standing in the Association, exceptas provided in subparagraphs (c) and (d), below.b. All persons hereafter employed by the District to performthe duties of employees covered by this Agreement shallbe furnished with an application for membership in theAssociation at the time of such employment, and shallbe advised of the requirement that they shall becomemembers of the Association within thirty-one (31) daysafter the date of this Agreement or thirty-one (31) daysfrom the beginning of employment with the District,whichever is later.c. Employees of the bargaining unit who choose nonmemberstatus shall have deducted from their compensation an“in lieu of dues payment” which shall be remitted by theDistrict to the Association commencing thirty-one (31)days after the date of this Agreement or thirty-one (31)days from the beginning of employment with the District,whichever is later.3

ARTICLE I — GENERAL PROVISIONS4d. A nonmember employee shall have the right, based upona bona fide religious tenets or teachings of a church orreligious body of which such employee is a member (asdefined under ORS 243.666 and 29 U.S.C. Sec. 169), topay an amount of money equivalent to regular Associationdues and initiation fees and assessments, if any, to anonreligious charity or to another charitable organizationmutually agreed upon by the employee affected and therepresentative of the Association. The employee shallfurnish written proof to the District and the Associationthat this has been accomplished by no later than the 5thday of each month. In the event that the employee failsto furnish written proof to the Association that such hasbeen accomplished, the Association shall have the rightto require the District to deduct the amount from theemployee’s compensation.e. The District shall forward monthly to the Secretary of theAssociation the names of all persons entering or leavingthe service in all departments covered by this Agreement.The Association shall furnish monthly to the District a list ofits members joining or withdrawing from the Associationduring the month. The District shall deduct monthlyfrom the compensation of the employees, members andnonmembers of the Association, the monthly dues or “inlieu of dues payment” prescribed and established by themembership of the Association and applicable law.f. The Association agrees to defend and hold harmless theDistrict from any claim arising from the operation of thisprovision.g. This provision shall remain in full force and effect after thetermination of this Agreement and until such time that anew agreement has been negotiated and implemented bythe parties.Par. 3. Representative’s RightsThe District agrees that the officers and members ofthe Association shall be granted leaves of absence onAssociation business as authorized by the Association, whenso requested. It is further agreed that any member of thisAssociation who now holds office, or shall be appointed or

ARTICLE I — GENERAL PROVISIONS6when participating in the grievance procedure at Step I, andStep II, and step III as provided for in this Section, but willbe limited to one (1) paid representative at any step in theprocedure.Par. 2. Should there be any dispute, complaint, orgrievance of any employee or the Association, hereincollectively referred to as grievances, it must be presentedby the employee or the Association to the appropriateDepartment Director within thirty (30) days following eitherthe occurrence out of which the grievance arose or from thefirst date the grievance could reasonably be assumed to havebeen known to the employee, whichever is later. Failure topresent the grievance within thirty (30) days will be deemeda waiver of the grievance.STEP IBefore filing a grievance, the aggrieved employee and/or theUnion will attempt to resolve the issue informally throughthe use of a pre-filing conference. A request for a pre-filingconference must be submitted within thirty (30) days fromthe date of the alleged violation. The pre-filing conferencemeeting shall include the grievant, the first-line, non-unionsupervisor of the grievant (“immediate supervisor”) and theAssociation’s representative assigned to the grievant’s workunit. No grievance may advance to Step II without a prefilingconference meeting first occurring. The grievant, thegrievant’s immediate supervisor, and the representative of theAssociation will meet to discuss the circumstances in an attemptto resolve the issue(s) raised by the grievant. The grievant shalldescribe the nature of the issue(s) and present relevant factssurrounding the issue(s) to the immediate supervisor andthe Association’s representative. The immediate supervisorwill then attempt to resolve the grievant’s issues, render adecision, and memorialize this decision in a determinationletter within 48 hours (two business days) from the time of thepre-filing conference. If the employee is not satisfied with thesupervisor’s decision, the employee has thirty (30) days, fromthe date of the determination letter to file a formal grievance.In cases where the District proposes to discipline an employee,the meeting of the employee, the Association’s representative,

ARTICLE I — GENERAL PROVISIONSand the District’s management representative levying thediscipline will take the place of the pre-filing conference, andthe employee has fifteen (15) days from the date the disciplineis levied to file a grievance.STEP IISuch grievance shall be presented in writing to the appropriateDepartment Director specifying the date of submission.A representative of the Association shall accompany theemployee. If the Department Director, or his designee, andthe grievant are unable to arrive at a satisfactory settlement,the Department Director, or his designee, will provide a writtenanswer to the Association within seven (7) days after the datethe grievance was first presented. To be timely, the Associationmust,STEP IIIRefer the grievance to the Grievance Committee within seven(7) days.a. Within seven (7) days after the date of receipt of suchwritten grievance, the Grievance Committee shall conveneand consider the grievance.b. The Grievance Committee shall be composed equally of noless than two (2) bargaining unit members designated bythe Association and two (2) non-bargaining unit personsdesignated by the employer. The Grievance Committeeshall decide, by majority vote, whether to sustain or rejectthe grievance, and its decision shall be binding. GrievanceCommittee members will be paid by the District.c. If the Grievance Committee is deadlocked, to be timely,the Association must,STEP IVSubmit the grievance to the appropriate agencies createdby law to mediate, conciliate, or adjust labor disputes, asprovided in Paragraph 4 of this section within thirty (30)days.Par. 3. The District and the Union may agree to submit thegrievance to an expedited arbitration process subject to thefollowing conditions:7

ARTICLE I — GENERAL PROVISIONS8a) Both parties must mutually agree to expedite arbitrationto resolve a specific grievance.b) The hearing shall be informal.c) No briefs will be filed.d) There will be no formal rules of evidence.e) Each party will have one (1) hour to present its case andone-half (1/2) hour for cross-examination and rebuttal.Each case will be completed within three (3) hours orless.f) The arbitrator must agree to hear a minimum of two (2)cases in any one (1) day. Both parties and the arbitratormay agree to consider more cases in any one day.g) The arbitrator may issue a bench decision at the conclusionof each hearing, but in any event shall render a decisionwithin forty-eight (48) hours after the conclusion of eachhearing.h) The arbitrator’s decision shall be based on the recordbefore the arbitrator, and may include a brief writtenexplanation of the basis for such conclusion.i) The arbitrator’s decision shall be final and binding uponthe parties. An arbitrator who issues a bench decisionshall furnish a written copy of the award to the partieswithin forty-eight (48) hours of the close of the hearing.j) No decision by an arbitrator in this expedited processshall be deemed to establish practice or any precedent forfuture proceedings.k) The fees of the arbitrator shall be borne equally by bothparties.Par. 4. Two (2) arbitrators shall be selected for the termof this Agreement, to hear cases in the expedited arbitrationprocess. Hearings with the two (2) arbitrators will bescheduled on a rotating basis, i.e., if Arbitrator A is scheduledto hear two (2) or more cases on a particular day, ArbitratorB will be scheduled to hear the next group of cases, etc.Par. 5. If the expedited arbitration procedure is not selectedby the parties, the District and Association shall selectan arbitrator from a list of seven (7) qualified arbitrators

ARTICLE I — GENERAL PROVISIONSprovided by the Federal Mediation and Conciliation Service.If possible, this selection will be completed within ten (10)days. The decision of the impartial arbitrator shall be finaland binding on both parties hereto. The fee, if any, of theimpartial arbitrator shall be borne equally by both parties. Allother expenses of arbitration, excluding legal fees, are to bedivided equally between the parties.Par. 6. It is expressly stipulated by and between the partiesthat any wage or other condition of employment and servicethat can be improved either for the District or the Association,and which is not expressly provided for herein shall be subjectto presentation by the District or the Association at any timeby giving thirty (30) days notice, or less, if notice is waived, tobe dealt with in supplemental agreements.Section 4 — DISCIPLINEPar. 1. The maintenance of discipline and efficiency isthe province of the District. Both parties agree that theDistrict may post District rules and may discipline employeesfor violation of such rules, provided that each employee ismade aware of each District rule. Any new rule, revision, oramendment may be grieved by the Association in accord withthe terms of Article I, Section 3. Rules shall not be in conflictwith existing agreement.Par. 2. Suspension or discharge of an employee who hasbeen an employee of the District for a period in excess of120 days shall be based on just and sufficient cause with fullexplanation given to the employee in writing. The Associationwill be notified in writing of the suspension or dischargewithin thirty-six (36) hours of the action being taken.Par. 3. Where a suspension or discharge is considerednecessary, the final decision will be deferred until after anopportunity has been given to an appropriate AssociationRepresentative to be present at a hearing between theDepartment Manager or his designee and the employee. Thisshall not apply when the employee is subject to immediatesuspension or discharge.9

ARTICLE I — GENERAL PROVISIONS10Par. 4. Cause for immediate suspension or discharge is asfollows:a. Reporting to work under the influence of intoxicatingliquor or illegal drugs.b. Consuming intoxicating liquor or illegal drugs while onduty.c. Mishandling of District cash revenue.d. Gross insubordination.e. Deliberate destruction or removal of District’s or anotheremployee’s property.f. Posing an immediate or potential danger to public safety.Par. 5. Whenever the District suspends or discharges anemployee under the terms of Paragraph 4 of this Section, theAssociation will be notified within twenty-four (24) hours.Par. 6. If an employee claims to have been unjustlysuspended or discharged during the term of this Agreement,to be timely, the case must,STEP Ibe referred in writing to the appropriate Department Director,or his designee, no later than the third day after the day uponwhich the Association was notified of the suspension ordischarge pursuant to the provisions of Paragraphs 3 and 4above, and shall be handled in accordance with the grievanceprocedures set forth in Section 3 of this Article.Par. 7. The parties in Step I, by mutual agreement in writing,may extend the time limit specified in Step I for a period notto exceed twenty (20) days.Par. 8. The District and the Association will cooperatecontinually to the best of their ability to improve and maintaindiscipline.Section 5 — NO STRIKE, NO LOCKOUTIt is agreed the Association or any employee shall not engagein any strike, walkout, or slowdown during the period of thisAgreement. It is further agreed the District shall not lock outits employees during the term of this Agreement.

Section 6 — OVERTIMEARTICLE I — GENERAL PROVISIONSPar. 1. All monthly employees covered under thisAgreement shall receive time and one-half for all overtimeworked. Overtime shall be work over eight (8) hours a day,or forty (40) hours a week, except as provided elsewhere inthis Agreement.Par. 2. When an employee is called upon to work overtime,they shall not be penalized by being required to take timeoff before or after such overtime. Where more than oneovertime provision is involved in any particular case, only onesuch provision shall be applicable, but the employee shall beentitled to have that overtime provision applied which shallentitle them to receive the greatest amount of overtime pay.Section 7 — VACATIONSPar. 1. Subject to qualifications of this Section, allemployees covered by this Agreement shall receive vacationwith pay as follows:a. After one (1) year of continuous service - one (1) weekb. After two (2) years of continuous service - two (2) weeksc. After five (5) years and less than nine (9) years ofcontinuous service - three (3) weeksd. After nine (9) years and less than fifteen (15) years ofcontinuous service - four (4) weekse. After fifteen (15) years and less than twenty-four (24)years of continuous service - five (5) weeksf. After twenty-four (24) years of continuous service - six (6)weeksPar. 2. The employee’s vacation eligibility shall bedetermined and computed on the basis of his vacation baseyear. Vacation base years are established as follows:a. If the employee’s first date of last employment by theDistrict or its predecessor was prior to April 1, 1951, hisvacation base year shall be April 1 through March 31 ofeach year.(1) Employees in this category, whose employment was11

ARTICLE I — GENERAL PROVISIONS12prior to April 1951, shall be entitled to their fourthweek of vacation on the tenth anniversary of suchemployment, and to their fifth week of vacation onthe 16th anniversary of such employment, and totheir sixth week of vacation on the 24th anniversaryof such employment.b. If the employee’s first date of last employment by theDistrict or its predecessor was from April 1, 1951 throughJune 30, 1971, their vacation base year shall be the 12-month period following their anniversary date of lastemployment each year.c. If the employee’s date of employment by the District isJuly 1, 1971, or thereafter, their vacation base year shall befrom April 1, following their date of employment throughthe following March 31. Effective April 1, 1976 employeesin this category shall accumulate vacation eligibility fromdate of hire. Such vacation may be taken following theemployee’s anniversary date provided they have compliedwith the vacation sign-up procedures of the District.(1) Employees in this category shall be permitted to takea paid vacation after completion of a base year ofservice. Employees who have not completed thisbase year of service on April 1 following date ofemployment and are, therefore, not qualified for apaid vacation, may elect to receive either (a) a cashsettlement of 1/365 of forty (40) hours pay for eachday from date of employment until following March31, payable on the first regular payday after the firstanniversary of employment, or (b) time off in lieu ofthe payment described in (a) above. Time off willbe given in increments of full days only, and a cashsettlement will be made for remaining periods of lessthan a full day.Par. 3. The following additional special considerations areapplicable:a. The vacation period shall extend from April 1 of any yearto March 31 of the succeeding year.b. Vacation pay shall be paid at regular pay periods. Vacationsshall be calculated on the basis of forty (40) hours pay per

week of vacation.ARTICLE I — GENERAL PROVISIONSc. Any employee who has voluntarily been absent from workmore than ten percent (10%) of the 12-month periodpreceding the start of the normal vacation period shallhave deducted from their vacation allowance one-twelfth(1/12) of their normal vacation allowance for each monthor fraction thereof they have voluntarily been absent fromwork.d. Employees must return to work after their regular vacationperiod and be working at the next regular payday beforevacation pay will be allowed.e. Notwithstanding the provisions of subparagraph (d),above, employees otherwise qualifying for vacation willbe paid for such vacation upon resignation or dischargefrom the District if such termination is effective prior to thedate the employee has actually received such vacation.f. Any employee who has worked twelve (12) or moremonths, who is laid off, or discharged, or who resigns,retires, or enters military service, shall be allowed aprorated vacation. If an employee whose first date oflast employment was on or after April 1, 1951, is laidoff or discharged or resigns, retires, or enters militaryservice and has been paid vacation pay in advance of theiranniversary date of such employment in excess of thepro rata vacation pay to which they are entitled under theprovision of this Paragraph, such excess payment shall bededucted from their final check.g. No vacation pay eligibility shall be earned or credited dueto absences from work due to layoff. No vacation payeligibility shall be earned or credited due to absence fromwork due to sickness or non-occupational accident aftersix (6) months.h. An employee who is off due to industrial injury, oraggravation of that injury, will stop accruing vacationcredits after one (1) year from the original date of injuryprovided, however, that should the employee suffer anaggravation of such injury during the second year afterthe original date of injury, that employee will be entitledto accrue vacation credits during that second year for an13

ARTICLE I — GENERAL PROVISIONSadditional period of six (6) months less the amount oftime off due to that injury or its aggravation in excess ofsix (6) months during the first year following the originaldate of injury.i. The District shall make available sixty-five (65) vacationweeks during the summer sign-up which is based onthe beginning and ending of the school year; provided,however, that the amount of vacation weeks availableduring this period shall be at least ten (10) weeks higherthan the number of vacation weeks available at everyother time throughout the year. Additional weeks may beadded at the discretion of the District. The scheduling ofsuch additional weeks will not bind the District to offer alike amount in subsequent years.j. Employees who came directly from Vancouver-PortlandBus Company to the District and who are employed bythe District as of April 1, 1979, are to receive past servicecredit for vacation purposes.k. All salaried classifications shall be permitted to convert upto two (2) weeks of vacation each year to use one day ata time, which days shall be considered floaters for end ofyear payoff.l. All salaried classifications shall be permitted to carry overup to two (2) weeks of vacation each year.m. All mini-run operators shall be permitted to carry overunused vacation when moving to full time. (Mini-runoperators will only accrue full time vacation from thecompletion time they are promoted to full-time operatorstatus).n. Maintenance employees will be allowed to carry over upto two (2) weeks of vacation annually.o. Employees are required to exhaust all paid leave hours(vacation, floating holidays, birthday and sick leave) at thebeginning of FMLA/OFLA leave. Employees may choosethe order in which paid leave hours shall be applied toFMLA/OFLA leave. If the employee does not choosethe order in which paid leave hours shall be applied toa FMLA/OFLA leave, the above order shall apply. An14

ARTICLE I — GENERAL PROVISIONSemployee who exhausts all paid leave hours while onFMLA/OFLA leave will continue FMLA/OFLA leave asunpaid until the leave is concluded. This provision appliesto all FMLA/OFLA leave taken for any purpose recognizedunder federal or Oregon law.An employee who has scheduled vacation to begin on a dateafter the conclusion of the employee’s FMLA/OFLA leave,but who has exhausted all vacation hours during the FMLA/OFLA leave, shall retain the right to elect whether to take thepreviously scheduled vacation as unpaid or to work duringthat period. At the time FMLA/OFLA leave is requested, theemployee must notify TriMet of 1) the order in which theemployee’s paid time off will be applied to the employee’sFMLA/OFLA leave; and 2) whether the employee’s currentlyscheduled vacation will be cancelled or whether the employeewill take the scheduled vacation as unpaid leave. If theemployee fails to make these notifications at the time of theemployee’s request for FMLA/OFLA leave, TriMet will notifythe employee that his/her scheduled leave is canceled andthat the employee will be required to work during that time.Notice given with forms: An employee who chooses toutilize vacation, floating holiday, and/or birthday availableleave hours to cover FMLA/OFLA leave and will no longerhave sufficient vacation, floating holiday and/or birthdayleave to cover any previously scheduled vacation must alsonotify TriMet whether they will take the previously scheduledvacation as unpaid or cancel the vacation and work duringthat time. Employees who do not notify TriMet of theirelection at the time they request FMLA/OFLA leave will havetheir previously scheduled vacation cancelled and will beexpected to work during that time.Section 8 — HOLIDAYSPar. 1. Whenever in this Agreement premium time isspecified for, or working conditions based on work performedon holidays, it shall be construed to mean work performedon New Year’s Day, Martin Luther King’s Birthday, MemorialDay, Independence Day, Labor Day, Thanksgiving Day andChristmas Day. Whenever any of the above-named holidays15

ARTICLE I — GENERAL PROVISIONS16falls on a Sunday, the following Monday shall be observed assuch holiday. Employees shall receive eight (8) hours pay attheir regular straight-time rate for each of such paid holidays.If an employee performs work on a paid holiday, they shallreceive holiday computed as above, in addition to their payfor the time actually worked which shall be at the employee’sovertime rate. An employee’s birthday is a holiday for thatemployee.Par. 2. An employee may elect to take their birthday on aday other than the actual birthday provided that the employeegives no more than thirty (30) days notice of such election.This provision shall be implemented on a department-bydepartmentbasis under mutually agreed upon rules.Par. 3. Each employee will have three (3) floating holidays,which may be taken on the day of their choice subject to theprovisions herein. Bus Operators will sign for this holidayas Off Duty subject to the provisions of Article II, Section I,Paragraph 6 of this Agreement. Other employees will notifytheir supervisor in writing as to the date upon which theemployee wishes to take their floating holiday. The periodof sign-up shall begin at 12:01 a.m. on the same date of themonth prior to the month selected, e.g., sign-up for February2 will commence at 12:01 a.m. January 2. No sign-up can bemade by any employee after 10:00 a.m. of the day prior tothe day off selected. In the event more persons sign up for agiven day than the District can permit off, selections shall bein the order of sign up.Par. 4. Employees may elect to receive eight (8) hours payin lieu of taking their floating holiday(s). If pay is elected itwill be added to their first paycheck following April 1.Par. 5. No holiday pay eligibility shall be earned or creditedduring absences from work due to layoff. No holiday payeligibility shall be earned or credited during absences fromwork due to sickness or non-occupational accident after six(6) months duration.Par. 6. An employee who is off due to industrial injury, oraggravation of that injury, will stop accruing holiday creditsafter one (1) year from the original date of injury provided,

ARTICLE I — GENERAL PROVISIONShowever, that should the employee suffer an aggravation ofsuch injury during the second year after the original date ofinjury, that employee will be entitled to accrue holiday creditsduring that second year for an additional period of six (6)months less the amount of time off due to that injury or itsaggravation in excess of six (6) months during the first yearfollowing the original date of injury.Section 9 — HEALTH AND WELFARE BENEFITSPar. 1. Medical, Hospital, Prescription Drug, Dental,Convalescence and Opticala. The District shall pay one hundred percent (100%) of acomposite rate for the medical, hospital and prescriptiondrug, dental, convalescence and optical benefits for fulltimeemployees, dependents and retirees. The benefitsand specific coverage of these plans shall be the same ascurrently provided. Hearing aid coverage will be addedto any plans not previously providing such coverage. Asecond dental plan will be added for full-time employees,their dependents, and retirees. Providers of these plansmay be changed during the life of this Agreement onlyif both the District and the Association agree to do so inwriting.b. For those retired employees who left the service of theDistrict prior to February 1, 1992, the District shall pay thefull cost of providing these retirees and their dependentswith medical, hospital, prescription drug, optical benefitsand dental (retiree and spouse only), not includingorthodonture available under the health and welfare planin place at that time.c. All employees who retire on or after February 1, 1992 shallreceive the same health and welfare benefits available toactive employees, not including orthodonture or dentalcoverage for dependents other than the employee’sspouse.1) All retirees, spouses or surviving spouses must enrollin and maintain all available Medicare insurancecoverage as soon as they become age-eligible.2) At the first available opportunity, retirees, spouses17

ARTICLE I — GENERAL PROVISIONSor surviving spouses who became Medicare eligiblemust enroll in a TriMet designated Medicare Riskplan, which are currently Kaiser Senior Advantageand PacifiCare Secure Horizons. Having enrolledin Medicare and a Medicare Risk plan and uponproviding written confirmation of these enrollments,TriMet will reimburse the retiree, spouse, or survivingspouse the actual cost of the Medicare monthlypremium for both the retiree and spouse or survivingspouse. Retirees who become Medicare eligible afterJuly 1, 2000 and who enroll in Medicare as set forthabove will be reimbursed to that date of enrollment.3) If a Medicare eligible retiree, spouse or survivingspouse resides outside the service coverage areaof the available Medicare Risk Plans, TriMet willcontinue to offer the active plan that provides outof-areacoverage. TriMet will reimburse the retiree,spouse or surviving spouse the actual cost of theMedicare monthly premium. Once a Medicare Riskmedical plan becomes available to Medicare eligibleretirees, spouses or surviving spouses currentlyresiding outside the service coverage area, theretiree, spouse or surviving spouse must enroll froman area not covered by the Medicare Risk plans to anarea that is covered by the Medicare Risk plans, theymust enroll at the first available opportunity.4) For those retirees, spouses and surviving spouseswho were Medicare eligible before July 1, 2000(excluding the grandfathered group who retired priorto February 1, 1992 and those identified in item 3above), and who opted to remain on the active, non-Medicare Risk plan, pursuant to the August 28, 2000Agreement, they must enroll in a provided MedicareRisk plan, currently Kaiser Senior Advantage andPacifiCare Secure Horizons.5) Upon enrolling in a Medicare Risk Plan, (Kaiser SeniorAdvantage and/or PacifiCare Horizons), TriMet willreimburse the retiree, spouse or surviving spouse theactual cost of the Medicare monthly premium.18

ARTICLE I — GENERAL PROVISIONS6) The reimbursement of the actual cost of the Medicaremonthly premium will be included as an adjustmentin the retiree’s monthly pension check equal to theactual cost of the monthly premium as determinedby Medicare. This adjustment will not be subject tothe cost of living increases provided to the pensionportion of the check.7) It is understood and agreed that the benefit levelscombining Medicare with the provided Medicare Riskplans will provide identical or substantially the samebenefit levels provided to active employees. ShouldMedicare decrease any benefit levels, TriMet willadjust the retiree health plans to ensure substantiallythe same benefits enjoyed by active employees.d. The medical coverage of the spouse and dependents ofa retired employee shall continue for eleven (11) yearsfrom the date of death of said retiree effective December1, 2003; twelve (12) years effective December 1, 2004;thirteen (13) years effective December 1, 2005; fourteen(14) years effective December 1, 2006, and fifteen (15)years effective December 1, 2007; and sixteen (16) yearseffective December 1, 2008. The medical coverage ofthe spouse and dependents of an active employee shallcontinue for one (1) year after death of said employee.e. Mini-run operators, after completing thirty (30) daysof employment, will receive the full-time employees’medical, vision and dental coverage for themselves paidone-hundred percent (100%) by the District and willreceive the same coverage for their families with TriMetpaying seventy-five percent (75%) of the family premiumcost.Par. 2. Benefits CoordinatorThe District shall pay the Association $1,000 per montheffective December 1, 2003, for the purpose of employingand paying a benefits coordinator. The amount of thispayment shall increase to:$1,100 per month effective 12/01/04$1,200 per month effective 12/01/0519

ARTICLE I — GENERAL PROVISIONS20$1,300 per month effective 12/01/06$1,400 per month effective 12/01/07$1,500 per month effective 12/01/08Par. 3. Employee Assistance Programa. The Employee Assistance Program shall be separatelyoperated and administered by the Union.b. Effective December 1, 2003, the District shall pay $55,000to the Association to operate and administer the EmployeeAssistance Program. This amount shall increase to:$57,000 on 12/01/04$59,000 on 12/01/05$61,000 on 12/01/06$63,000 on 12/01/07$65,000 on 12/01/08c. Funds paid by TriMet to the Union to provide anEmployee Assistance Program shall be used solely by theUnion to provide such a program (including reasonableadministration and promotion costs) and for no otherpurpose. Such funds shall be held in a dedicated accountseparate from any other accounts maintained by theUnion. In the event that the Union utilizes such moneyfor purposes other than the provisions of an EmployeeAssistance Program, TriMet’s financial obligation shallimmediately cease and the Union shall be solely liable andresponsible for provisions of the Employee AssistanceProgram.d. The parties recognize that TriMet’s obligation with respectto the selection and administration of an EmployeeAssistance Program for eligible participants is limitedsolely to making payments to the Union for such purposein the amount agreed to by the parties. The partiesfurther recognize that no change in providers or benefitscan in any way alter TriMet’s financial obligation withoutTriMet’s prior written consent. The Union shall exonerate,reimburse and hold harmless TriMet against any and allclaims, expenses or liabilities in any way arising out of theselection, administration, operation and provision of an

Employee Assistance Program.ARTICLE I — GENERAL PROVISIONSPar. 4. Group Life and Accident and Sickness Insurancea. All active full-time employees will be covered by a $25,000Group Life Insurance policy, which will provide a doubleindemnity benefit in the event of accidental death. Mini-Run Operators shall be covered by a like policy, valuedat $18,250. Employees retired prior to July 1, 1971will continue to receive $1,500 life insurance. Doubleindemnity will be paid in the event of accidental death.Upon the date of ratification of this agreement, March 24,1999, Employees who have retired since July 1, 1971, willreceive $10,000 life insurance.b. A $150.00 per week extended sick leave benefit willbe paid to active employees for lost time due to nonoccupationalaccident or sickness. Benefits will be paidfor the first day of accident and fourth day of sickness tofifty-two (52) weeks. This benefit is payable on regularworking days only, at a daily rate equal to one-fifth (1/5)of the weekly benefit at that time.c. These benefits will also be payable to employees onmaternity leave of absence.d. The extended sick leave benefit will not become payableuntil after the sick leave benefits described in Paragraph 5below is exhausted. Under no circumstances will benefitsunder this provision and sick leave benefits be applicableat the same time.e. All employees on extended sick leave shall report to theDepartment Manager, if physically able, at least onceevery two (2) weeks, and be under the care of a registeredphysician at all times.f. The District will pay one hundred percent (100%) of thepremium for Life and Accident and Sickness Insurance forall active full-time employees and one hundred percent(100%) for the Life Insurance for those employees retiringafter July 1, 1971. The District will continue to pay onehundred percent (100%) of the Life Insurance premiumfor the hourly rated employees who retired prior to July 1,1971. The District will pay one hundred percent (100%)of the premium for Life Insurance and, upon ratification21

ARTICLE I — GENERAL PROVISIONS22of this agreement, March 24, 1999, one hundred percent(100%) of the premium for Sickness Insurance for Mini-Run Operators.g. The claims administration of these benefits will be thesame or better than presently provided.Par. 5. Sick Paya. Sick leave is to be used only for bona fide illness undercircumstances in which the employee is physically unableto perform work duties. Payment will be made only whenan employee is absent due to non-occupational illness,or as otherwise provided by law; absence for any otherreason will not qualify an employee for sick pay. Theability to work regularly is a requirement for continuedemployment with the District. This expectation will governdecisions on employees who are absent repeatedly.Abuse of sick leave may result in disciplinary action.b. Employees covered by this Agreement will accumulatesick leave beginning with the completion of the employee’sprobationary period at the rate of eight (8) hours foreach 160 accumulated straight-time pay hours to themaximum accumulated sick leave. For purposes of thisprovision, straight time pay hours shall include, in additionto straight time pay hours worked, spread-time hoursworked (the combination of straight-time and spreadovertimemay not exceed 8 hours per day), time paid forvacations, holidays, jury duty, funeral leave, and militaryservice, as well as days off up to fifty-six (56) hours due toauthorized leave of absence. Absence due to illness willnot be deemed an authorized leave of absence for thispurpose.c. Sick leave benefits will be eight (8) hours straight time payat the employee’s regular rate of pay.d. Upon reaching the earliest date when an employee couldelect to retire and receive pension benefits, or uponsuffering a permanent disability, an employee who hascompleted at least ten (10) years of continuous serviceas provided under Paragraph 2(a) of the Pension Planand Permanent Disability Agreement between theparties, effective December 1, 1998, will have all unused

ARTICLE I — GENERAL PROVISIONSaccumulated sick leave up to the maximum accumulatedsick leave converted to provide additional monthly pensionbenefits, computed at the rate of $0.25 per hour for eachsuch hour of unused, accrued sick leave.When an employee whose employment with the Districtterminates before reaching the earliest date when anemployee could elect to retire and receive pensionbenefits, and who has completed at least ten (10) yearsof continuous service as provided under Paragraph 2(a)of the Pension Plan and Permanent Disability Agreement,the employee will be paid, within two weeks of the dateof termination, 50 percent of any unused, accumulatedsick leave up to the maximum accumulated sick leave.e. Every December the District will pay fifty percent (50%) ofany unused accumulated sick leave eligible for payoff inthe employee’s sick bank that has accumulated in excessof the maximum accumulated sick leave.f. In the case of an employee who is off work due to illnessfor two (2) or more consecutive days, the first of suchdays upon which the employee works four (4) hours orless will be considered as the employee’s first day of sickleave for the purposes of the sick leave article.g. An employee who is absent due to non-occupational illnessor accident on more than four (4) separate occasions inany period of 180 consecutive calendar days, or who isabsent for more than five (5) consecutive working days,may be required to submit a doctor’s certificate statingthat the employee was unable to perform his/her duties,the nature of the employee’s illness, and the date oftreatment. In the case of an employee who has beenoff for more than four (4) separate occasions within 180days or for more than five (5) consecutive working days,the employer will notify the employee that a doctor’scertificate may be required before their next absence willqualify for sick pay, and before they will be allowed toreturn to work.h. An employee who is out in excess of five (5) consecutivedays may be required to submit a doctor’s certificateprovided, however, that no employee shall be required23

ARTICLE I — GENERAL PROVISIONS24to submit a doctor’s certificate unless that employee hasbeen notified prior to the days of absence for which thecertificate is to be submitted.i. Employees may use two (2) days sick leave per year(as measured by the vacation year) for the care of amember of the employee’s immediate family (spouse,children living at home). Such time shall not count aslost time for purposes of the District’s absenteeismpolicies. Employees may also use sick leave for qualifyingabsences under either of the federal or state family leaveacts – Family Medical Leave Act (FMLA) or Oregon FamilyLeave Act (OFLA). Such time shall not count as lost timefor purposes of the District’s absenteeism policies.j. Effective 12/01/03, increase the maximum accumulatedsick leave to 1450 hours; to 1500 hours effective12/01/04; to 1550 hours effective 12/01/05; to 1600hours effective 12/01/06; to 1650 hours effective12/01/07; and to 1700 hours effective 12/01/08.Par. 6. Workers’ Compensationa. Effective September 11, 1985, an employee shall receivecompensation benefits provided by law.b. Any employee under a Workers’ Compensation injury shallretain their rights of employment while under a doctor’scare for such injury.c. All employees on Workers’ Compensation leave shallreport to their Department Manager if physically able atleast once every two (2) weeks and be under the care of aphysician at all times.Par. 7. Death and Felonious Assault InsuranceThe District will pay one hundred percent (100%) ofthe premium for a $100,000 insurance policy coveringall employees covered by this Agreement for death,dismemberment, and permanent disability due to feloniousassault.Par. 8. Funeral LeaveThree (3) days leave with eight (8) hours pay at regularstraight time rate will be granted each year to each employee

ARTICLE I — GENERAL PROVISIONSfor each death in their immediate family. “Immediate family”is defined as the parents, children, spouse, grandparents,grandchildren, brothers, and sisters, and brothers-in-law andsisters-in-law of the employee and the employee’s spouse.Mini-Run Operators shall receive six (6) hours pay while onsuch leave.Section 10 — RETIREMENT PAYThe provisions of the pension agreement are the subject ofa separate agreement between the parties. For reference,those provisions are set forth in the Pension Plan andPermanent Disability Agreement attached hereto.Section 11 — PERMANENT DISABILITYSubject to agreement between the parties, permanentdisability provisions are set forth in the Pension Plan andPermanent Disability Agreement attached hereto.Section 12 — CONTINUOUS SERVICEDEFINITIONPar. 1. Unless otherwise stated, wherever reference ismade to «continuous service» in this Agreement, it shall beinterpreted to mean employment without a break with theDistrict, or with either Portland Traction Company, Rose CityTransit Company, or the Blue Lines, where employee servicewas continuous through successive takeovers to the present.Employees who came directly from Vancouver-PortlandBus Company to the District and who are employed by theDistrict as of April 1, 1979, are to receive past service creditfor pension and vacation purposes.Par. 2.a. Continuity of service shall be broken and seniority shallterminate:(1) By resignation.(2) By discharge.(3) By failure to return to work from layoff within thirty(30) days when called.(4) By absence without leave for five (5) days.25

ARTICLE I — GENERAL PROVISIONS26(5) By layoff of twelve (12) months or more.b. Continuity of service shall not be broken and seniorityshall not terminate:(1) By a layoff due to reduction in force of less than five(5) years.(2) By an authorized leave of absence.(3) By a leave of absence to serve in the armed forces ofthe United States, as provided by law.(4) By absence due to authorized vacation.(5) By absence due to sickness while such sicknesscontinues, but not to exceed twelve (12) monthsunless extended by the District and Association. TheDistrict shall provide thirty (30) days written noticeof broken continuity of service and terminationof seniority to the Union and the employee, at theemployee’s last known address. For the purposes ofthis Paragraph, a return to work shall not constitute abreak in the period of absence until such time as theemployee has completed thirty (30) calendar days inhis/her regular work assignment. Time worked inlight duty shall not be deemed time worked in theemployee’s regular work assignment. This provisionshall not affect an employee’s statutory right toreemployment in an available and suitable position.(6) By leave of absence of any duration to serve as anofficial of the Association.(7) By promotion to a supervisory position with theDistrict.(8) By leave of absence to serve in the Oregon StateLegislature.c. Continuity of service shall be broken:By granting leave of absence to work for the followingorganizations in excess of six months:Oregon State AFL-CIONational AFL-CIOAny Oregon County Labor Council

ARTICLE I — GENERAL PROVISIONSprovided, however, seniority rights in choice of work andrate of pay only shall not terminate. Upon election orappointment to a job in these Associations, the officer oremployee shall upon request be granted six (6) monthsleave of absence. If at the conclusion of six (6) months,the officer or employee continues in his position withthese Associations, he shall lose all rights except hisseniority in the choice of work and rate of pay.d. Upon retirement from such office, the employee shallbe placed in his former position with the District if heis physically able to do the work, but his seniority shallapply only to choice of work and rate of pay and not toany other benefit. Upon retirement from such office,employee must elect to return within ninety (90) days.Section 13 — SENIORITY PROVISIONSPar. 1. Any employee promoted to a clerical, supervisory,or other official position by the District shall retain seniority inthe last position or classification worked prior to promotion.Par. 2. Any employee who, after fifteen (15) years ofcontinuous service as defined in Section 12, is laid off onaccount of inability to perform available work, shall be carriedon the seniority list until they are placed on retirement asprovided in Section 10 of this Agreement; provided, however,that such employee will be eligible for such retirement withinfive (5) years from the date of layoff, unless otherwise agreedupon by the District and the Association.Par. 3. Employees who, by reason of long and faithfulservice for the District, have become unable to fill their usualpositions shall be given preference in any work it has, thatthey are able to perform, and at reasonable wages, length ofservice considered.Section 14 — LAYOFFPar. 1. Employees’ department seniority shall govern inlaying off and reemployment of employees. Employeesso laid off because of lack of work shall be returned in theinverse order in which they were laid off, as the need for theirclassification, or classification of work, permits.27

ARTICLE I — GENERAL PROVISIONS28Par. 2. If the District curtails the number of employees inany job, the employee with the least job seniority will be thefirst to be moved out of the job. That employee will then beentitled to exercise such job seniority he or she has on anyother job in that department.Par. 3. If an employee is subject to layoff, and has noseniority in any other department, will have preference overoutside hires for any jobs which become available and forwhich they are qualified or can be trained within a reasonableperiod of time.Section 15 — SAFETYPar. 1. The health and welfare of employees is a primaryconcern of both the District and Association. Both partiesrecognize the importance of achieving and maintaining a highlevel of safety in all operations of the District. Both partiesalso recognize the importance of reducing on-the-job injuriesand controlling property damage and production losses.Both parties recognize the value of safety rules and practices,as well as preventive and corrective safety measures.Therefore, the District and Association, in recognition of theircommon commitment to promotion of safety and reductionof losses, will jointly support efforts to implement policies,practices, procedures, and protections during the duration ofthis Agreement to bring this about. The District will appoint ajoint safety committee. Minutes will be taken at all meetingsand distributed to the Association and the District.Par. 2. The District may require attendance at safety andeducational programs, which are related to safe or effectiveperformance of job duties. Time of attendance at any suchmeeting shall be paid for at the same pay rate as the employeewould have been paid had the employee been working.Section 16 — JURY SERVICE PAYPar. 1. An employee serving on a Federal or State jurypanel shall be paid the difference between the jury pay for aparticular day and the regular pay they would have receivedfor working on such a day but for their service on a jury.Mini-run operators shall be entitled to jury duty leave. Mini-

ARTICLE I — GENERAL PROVISIONSrunners will be paid five (5) hours (or current average) atthe individual’s rate of pay per each day they are assignedjury duty. In the event such jury service occurs during anemployee’s vacation, he shall receive his full vacation pay inaddition to the jury pay. No work will be required of anyemployee on a day they serve on a jury. Regarding serviceon state jury panels, employees will be relieved from hisjob when serving. If Federal jury service is called for on anemployee’s day off, they will be given another day off inlieu of such day. Employees will be paid for time lost whileserving on Municipal Court jury provided the employee doesnot volunteer in any way.Section 17 — MODIFIED RETURN TO WORKPar. 1. An employee who is released by their doctor toreturn to work on a limited basis may be assigned by theDistrict to available work provided:a. The work to which the employee is assigned shall beconsistent with the terms of the doctor’s work release.b. The employee shall be paid not less than 100 percent(100%) of the rate of pay of the employee’s regularclassification.c. If the job meets requirements (a) and (b) set forth above,there shall be no right of refusal.d. Hours worked under such assignments will be considered“productive hours” in the computation and eligibility forfringe benefit pay and accruals.e. Time worked on such assignment shall be considered asany other time worked for seniority purposes.f. Alternate Work Assignments – If the District has alternatework assignments greater than what the number ofscheduled light duty employees can accomplish, theDistrict shall attempt to make such work available toemployees who are off work due to off-the-job injurieson a case-by-case basis. In assigning such work, theDistrict will determine the employee’s suitability toperform such work based on the employee’s submissionof their physician’s release to work document. The parties29

ARTICLE I — GENERAL PROVISIONS30will meet to discuss the procedures by which this clausewill be implemented.Section 18 — FREE TRANSPORTATIONPar. 1. Free transportation on all lines of the District shallbe furnished to all active employees, their spouses anddependents up to age 19 and to 24 for those dependentswho are living at home and attending school full-time,members of the Association, and to all retired employees andtheir spouses, members of the Association retired under theprovisions of Sections 10 and 12, above. Limited exceptionsto the provisions of this Paragraph may be granted by mutualconsent of the Director of Labor Relations or his designee,and the Business Representative. Parents of the employeeor spouse who are living at the employee’s house will beeligible for free transportation on all lines of the Districtas long as employee keeps a current affidavit on file withTriMet’s Human Resources Division attesting to parents livingwith the employee.Par. 2. The spouses of deceased active employees whohad accumulated ten (10) years of continuous service andthe spouses of deceased pensioners, will be entitled to freetransportation on all lines for life or until remarriage.Par. 3. The rules and conditions applying to thereplacement cost and return of passes upon separation fromthe District will apply uniformly as to both dependent passesand employee (including spouse) passes.Par. 4. In the event an employee does not return allpasses, punches and other District equipment which hasbeen provided to the employee, the District may withholdup to $50.00 from the employee’s final paycheck until suchproperty has been returned.Any change in this maximum amount of withholding shall bethrough negotiations between the District and the Union.Section 19 — OTHER PROVISIONSPar. 1. Unless a specific wage progression schedule islisted in Article VIII, all new employees shall be subject tothe following minimum progression schedule for the job into

ARTICLE I — GENERAL PROVISIONSwhich hired:1st 6 months2nd 6 months3rd 6 months4th 6 months5th 6 monthsTop Rate 100%75% of top rate80% of top rate85% of top rate90% of top rate95% of top ratePar. 2. In the event an employee is on extended sick leaveor absence due to industrial accident during that employee’sscheduled vacation or on a holiday, the District will pay to theemployee the difference between the amount being receivedby the employee as sick pay or as Workers’ Compensationand the employee’s regular rate of pay, i.e., the employee willreceive 100 percent (100%) of the amount of pay that theemployee would normally have received had the employeebeen on vacation or off on holiday involved.Par. 3. The first 120 calendar days of employment for allemployees will be a probationary period. During this period,an employee will not be eligible for uniforms or any benefitsexcept the Hospital-Surgical-Medical plan. Probationaryemployees, but not including Student Operators, will beentitled to holiday pay on New Year’s Day, Martin LutherKing’s Birthday, Memorial Day, Independent Day, LaborDay, Thanksgiving Day, and Christmas Day. Probationaryemployees may be terminated without recourse to thegrievance and arbitration procedure. At the conclusion ofthe 120 day period, the employee will become eligible for allbenefits and rights as provided for in this Agreement.Par. 4. Upon ratification of this agreement, the Districtwill continue to deposit into a Recreation Trust Fund. Thisamount shall increase from the December 1, 2002 amountof $43,000 to:$45,000 on 12/01/03$47,000 on 12/01/04$49,000 on 12/01/0531

ARTICLE I — GENERAL PROVISIONS32$51,000 on 12/01/06$53,000 on 12/01/07$55,000 on 12/01/08A joint Association-District Recreation Committee who willhave full authority to expend monies from this fund willadminister this fund. The Committee will prepare an annualbudget.Par. 5. The District will pay mileage at the IRS authorizedrate in effect at the time for the use of an employee’s personalcar on company business. Additionally, the District will paymileage at the IRS authorized rate at the time the Districtrequires the employee to go to the District’s physician forDistrict-required evaluations (not to exceed 50 miles roundtrip).Par. 6. When the District requires an employee to beexamined by the District’s consultant physician beforereturning to work, the appointment will be made as promptlyas possible under the circumstances to avoid any potentialloss of pay to the employee. Should a situation developwhen the opinions of two (2) competent medical doctorsconflict and the District will not permit the employee towork, the matter will be immediately investigated including,if necessary, written statements from doctors. If, afterinvestigation and discussion between the two (2) physicians,it is clear that there is a direct medical conflict, the Associationand the District shall select a third doctor competent in themedical area involved, and his opinion will be sought. Themajority opinion will determine the employee’s status.Par. 7. Lost and Found items will be returned to the finderin accordance with State law (within thirty (30) days if legallypermissible).Par. 8. Leave of absence for a period of more than thirty(30) days, or an extension thereof, must be agreed upon byand between the District and the Association.Par. 9. The District shall purchase and affix ATU memberdecals to all revenue vehicles. The District shall provide nametags or plates for operators to display, on a voluntary basis,while operating revenue vehicles.

ARTICLE I — GENERAL PROVISIONSPar. 10. Prior to the conclusion of these negotiations, theparties shall provide each other with any and all side letters,Memoranda of Understanding, or Supplemental Agreementswhich remain active and in effect. Any side letters,Memoranda of Understanding, or Supplemental Agreementsnot specifically identified by either party will be considerednull and void.Par. 11. The District shall include union employees in itscurrent 125 plan.Par. 12. Child Care/Elder Assistance Programa. The Child/Elder Care Assistance Program shall beseparately operated and administered by the Union.b. Upon ratification of this agreement, the District willcontinue to pay to the Association to operate andadminister a child/elder care assistance program. Thisamount will increase from the December 1, 2002 rate of$53,000 to:$55,000 on 12/01/03$57,000 on 12/01/04$59,000 on 12/01/05$61,000 on 12/01/06$63,000 on 12/01/07$65,000 on 12/01/08c. Funds paid by TriMet to the Union to provide a Child/Elder Care Assistance Program shall be used solely by theUnion to provide such a program (including reasonableadministration and promotion costs) and for no otherpurpose. Such funds shall be held in a dedicated accountseparate from any other accounts maintained by theUnion. In the event that the Union utilizes such money forpurposes other than the provisions of an Child/Elder CareAssistance Program, TriMet’s financial obligation shallimmediately cease and the Union shall be solely liableand responsible for the provisions of the Child/Elder CareAssistance Program.d. The parties recognize that TriMet’s obligation with respectto the selection and administration of a Child/Elder Care33

ARTICLE I — GENERAL PROVISIONSAssistance Program for eligible participants is limitedsolely to making payments to the Union for such purposein the amount agreed to by the parties. The partiesfurther recognize that no change in providers or benefitscan in any way alter TriMet’s financial obligation withoutTriMet’s prior written consent. The Union shall exonerate,reimburse and hold harmless TriMet against any and allclaims, expenses or liabilities in any way arising out of theselection, administration, operation and provision of aChild/Elder Care Assistance Program.Par. 13. Portland Activities BusSubject to State and federal regulations, the District agrees toprovide a bus and operator to operate the Portland ActivitiesBus, should the program be implemented. The Union willselect the operator from the available pool of straight-timeoperators, if available.Par. 14. Transit Exchange ProgramThe District shall pay the Association $1,000 per montheffective December 1, 2003, for the purpose of a programto provide for the exchange of information and ideasbetween national and international transportation industryassociation executive officers. The District shall pay theAssociation $1,000 per month effective December 1, 2003,for the purpose of a Transit Exchange Program. The amountof this payment shall increase to:$1,100 per month effective 12/01/04$1,200 per month effective 12/01/05$1,300 per month effective 12/01/06$1,400 per month effective 12/01/07$1,500 per month effective 12/01/0834

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTSection 1 — OPERATORSPar. 1. Generala. It is agreed that scheduled runs shall be so arranged asto make the best possible working hours, the order ofconsideration to be as follows:Class A — straight dayClass B — straight PMClass C — swingClass D — straight nightClass E — trippersb. The District shall schedule sixty percent (60%) straightruns on weekdays, eighty percent (80%) straight runson Saturday and ninety percent (90%) straight runs onSunday and holiday schedules. All runs shall be scheduledto be completed in twelve (12) consecutive hours.c. The District will schedule no more than twenty threepercent (23%) of its straight runs involving the driverchanging vehicles on weekdays, no more than ten percent(10%) such runs on Saturday, and no more than fivepercent (5%) such runs on Sunday.d. Regarding A, B, C, and D class runs, the hours of serviceshall be as close to eight (8) hours as possible withoutincreasing the expense of operation. In case any run isseven (7) hours and thirty (30) minutes or more, and lessthan eight (8) hours, the District shall pay eight (8) hourstime therefore, except as provided in Paragraph 5(a) ofthis Section.e. It is understood and agreed that the percentage of straightday runs to the total of all straight runs shall not be lessthan 39 percent (39%).f. The District will earnestly endeavor during the life ofthe agreement to still further decrease the lapsed timein all runs without materially increasing the cost of theoperation.35

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT36g. Tripper runs under seven (7) hours and thirty (30) minutesshall not be classed as regular runs or scheduled runsand shall be paid for subject to the provisions of thisAgreement. Tripper runs which can be combined to makeseven (7) hours and thirty (30) minutes work shall beregular runs.h. On Sundays or any holidays on which Sunday schedule isoperated, the runs will be made as close to eight (8) hoursas possible, and as many straight runs as possible.i. Owl service on Monday AM shall be considered Mondayruns. Operators completing an owl run shall not berequired to take out a run, tripper, or part of a run unlessthey have had eight (8) hours continuous time off dutyafter completing said owl run.j. All regular Operators who have accrued a minimum ofeighty (80) hours of vacation as of April 1, 1992, andon each April 1, thereafter, may convert forty (40) hoursof vacation for use as personal leave days, and shallbe considered floaters for end of year payoff. Thesepersonal leave days must be used by March 31, 1993, andprior to each March 31, thereafter. Bus Operators will signfor these personal leave days subject to the provisions ofArticle II, Section 1, Paragraph 6.k. The rules for Mini-Runs are set forth in Section 2 of thisArticle.l. Rail Transportation will hold sign-ups concurrent with BusTransportation. In addition, Rail Transportation will holdspecial interim sign-ups due to reasons requiring newschedules. Operators will be guaranteed their run pay ifthey have to sign on a lower-paying run. If the duration ofthe interim sign-up is longer than three (3) weeks, a newfull sign-up will be signed on without guarantees.m. Trades – The use of trades is critically important for extraboard operators who are unable to predict their workload,recovery time and schedules in advance. Regularoperators should only use trading or signing into a “passup”situation when circumstances occur beyond theircontrol. To address this later issue, the parties recognizethat trading of runs and days off is a privilege granted

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTby the Association and the District. The Association andthe District agree to meet as needed to review the use oftrades, the impact trades place on District operations, andto make recommendations, if any, for any needed changeto the program.Par. 2. Allowancesa. Operators shall be allowed ten (10) minutes preparatorytime each time they take a coach from storage point.When called for Chartered Service, an Operator will beallowed only five (5) minutes preparatory time.b. Operators shall be paid for their regular scheduled runs,and shall not lose any time on account of shortage ofvehicles, breakdowns, etc., or any conditions over whichthey have no control, provided they report and remain onduty during the period of regular scheduled runs unlessexcused.c. Operators breaking in students shall receive $1.00 per hourfor all hours for which the student is under the Operator’sinstruction as long as the student drives any part of suchtime. Students riding a line to become acquainted withsame are not to be considered as breaking in.d. Operators may be required by the District to do otherwork than transportation service. If so required, theyshall be governed by the working conditions as definedin this Agreement applying to Operators. They shall bepaid at not less than the same hourly rate to which theyare entitled in transportation work; however, shouldOperators do other work for the District which is paidfor at a higher hourly rate than Operator’s pay, they shallreceive such higher rates.e. Operators called and reporting for special duty, who forsome unforeseen cause are not required to take out runs,and Operators working trippers of less than two (2) hourstime shall receive at least two (2) hours time therefore.The minimum pay time for any tripper worked as part of aregular scheduled run shall be two (2) hours. Operatorsmarked up to call in will receive two (2) hours pay fordoing so. Any Operator called for work shall receive aminimum of two (2) hours pay.37

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTf. Any regular or list extra run with a break of one (1) hour orless shall be guaranteed to be paid straight through suchbreak without requirement of time slip.g. Operators whose designated place of relief is in a differentlocation than their designated starting location will receivea road relief allowance. Downtown road reliefs will be$1.75 per day from Center Street Division and $2.50 perday from Powell Division. Those Operators who relievethe following lines will receive $2.50 per day.82nd AvenueWestoverNortheast-Northwest (Beltline)102nd AvenueKillingsworth1. If an Operator is not returned to their garage withinone (1) hour from time of relief, or is unable to reachtheir relief point from the garage within one (1) hourof time of relief, they will receive their road reliefallowance plus one (1) hour penalty pay at straighttime, plus straight time for all time in excess of thehour. At all times Operators will be responsible forcatching the first available bus.2. All parties recognize that the road relief allowancerepresents compensation for the inconvenienceassociated with road reliefs and does not representpay for time worked, and shall not be considered aspay for time worked for any purpose.3. In the event the District establishes any newor different road relief points, it will notify theAssociation at least ninety (90) days prior to the useof such point, and the parties will promptly meet andnegotiate a proper allowance for such road reliefpoint. If they are unable to agree on an amount, theissue will be submitted to arbitration as provided inArticle I, Sections 3 and 4.4. Under no circumstances will an Operator receivemore than one (1) relief payment in one (1) day38

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTbecause of this provision. This payment will be madeon scheduled runs only.h. Any Operator who has not been relieved at their roadrelief time and point must notify Dispatch. The Dispatcherwill, in turn, notify the Station Agent. If the station agentknows the conditions for the relief of the Operator, thatinformation will be transmitted back to the Operatorby the Dispatcher. If the Station Agent must talk to theOperator due to a complication, the Dispatcher will askthe Operator to contact the Station Agent. In any event,upon notifying the Dispatcher of no relief the Operatorwill stay in service until such time as a relief Operator canbe provided. The operator can invoke the twelve (12) hourrule.Par. 3. Extra Operatorsa. Each extra board Operator shall be guaranteed a minimumof eight (8) hours of work time daily, but not to exceedfive (5) days a week, provided they have accepted allwork assigned. For each scheduled work day or portionthereof on which an extra Operator does not work hisassignment, they shall lose his guarantee for that day andshall be paid only for time worked. Any portion of thetime worked each day, after twelve (12) hours from firstreporting, shall be paid at time and one-half.b. Extra Operators shall be marked up for work in rotationunder the revolving system. Operators required to reportshall be paid for actual reporting time if less than thirty(30) minutes. For reporting time of at least thirty (30)minutes but less than one (1) hour, they shall receive one(1) hour pay.c. No regular Operators shall be allowed to do extra workso long as extra Operators are available. The District shallendeavor to maintain an adequate extra list.Par. 4. Claimsa. Operators making out accident/incident reports shallexercise care. Operators shall be allowed actual straighttime not to exceed forty-five (45) minutes for writing outeach and every accident/incident report. Operators shallreceive travel time in addition to the above when required39

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT40to travel to the office to make accident/incident reports.The District will pay mileage at the IRS authorized rate ineffect at the time for the use of an employee’s personalcar on company business.b. Operators requested to travel to the Risk ManagementDepartment to make out special reports shall receive thesame pay allowance as prescribed for accident reports.Par. 5. Overtimea. All working time above eight (8) hours, or any scheduledregular run of less than eight (8) hours in any twentyfour(24) hour period shall be paid for at the rate of timeand one-half; provided, also, that if any Operator hasworked a scheduled run of less than eight (8) hours andcontinues working in connection with said run, without abreak, because of delays or oversleeps, time and one-halfshall begin after completion of eight (8) hours work. It isunderstood and agreed that all scheduled runs with morethan one (1) hour off duty shall be considered a break. AnyOperator having completed a scheduled run of less thaneight (8) hours who is used for any purpose whatsoever,that is not in connection with their completed run, shallbe paid eight (8) hours and in addition, shall be paid forall time so used at the rate of time and one-half includingreport time. This shall also apply to time worked due tofailure of a road relief or to additional work assigned by aSupervisor in the field.b. Any RDO work or extra work, for monthly-ratedemployees, that cannot be assigned on a straight-timebasis shall be made available to regulars and extras inorder of seniority. This provision shall apply to full shiftovertime work.c. On all swing runs completed in excess of twelve (12) hoursconsecutive time, time and one-half will be allowed forall such time in excess of twelve (12) hours consecutivetime.d. An Operator who has not been relieved at his normalrelief point and relief time and who so notified theStation Agent is to be relieved within one (1) hour of suchnotification and, if not, to be paid at the rate of double

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTtime for all time worked after the expiration of that houruntil the employee’s next scheduled working time. If anOperator cannot make their next relief point because theyhave not been relieved at their normal relief point, shallnot receive less than their full run pay.e. Road Supervisors and Station Agents, including extras,shall be governed by the time and one-half provisionsof this Agreement when assigned to Operator’s work inaddition to normal duties.f. All Operators, extra Operators, and Loaders assignedto regular runs, shall, insofar as operating conditionspermit, be entitled to two (2) days off in seven (7); it isunderstood, however, that under emergency conditions,regular Operators and extra Operators may be called forwork on their assigned days off after all possibilities inthe extra list have been exhausted, but when so called, aminimum of eight (8) hours time will be allowed and paidfor at time and one-half rate. When a new sign-up takeseffect, any assigned days off conflicting therewith shall becanceled.Par. 6. Off Dutya. The District shall place in the office a book in whichemployees can register in ink or indelible pencil for theday or days they wish to be off duty, and the right tobe off duty shall be governed by the list as the namesappear thereon, the name at the top of list to be thefirst employee off duty for such day or days, exceptingholidays. Said names shall be placed in the book at leastone day previous to the date the employees wish to be offduty, with the understanding that the privilege is not tobe abused by anyone. No Operator will be permitted toregister his name in said book more than one (1) monthin advance except on holidays, in which case it will bepermissible to register two (2) months in advance.b. The first employee off on any day shall be the employeewho has chosen that particular day as his regular day off.On all other days, after his class of employee has beenexhausted, other employees may be let off according totheir position in the book.41

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT42c. To determine which Operators, those on leave of absenceexcepted, will be off duty on all TriMet holidays, thefollowing procedures will apply: Operators may volunteerto work on a holiday by placing their name in the holidaybook. Operators volunteering to work who normallywork the day of the holiday will have first choice of shifts.Operators volunteering to work who normally are RDOthe day of the holiday will have next choice of shifts. Ifthere are insufficient volunteers, operators will be selectedin order from the bottom of the seniority list. Employeeswho are RDO and do not volunteer will be bypassed inselection. Work assignments will be by seniority in eachgroup: regular volunteers, RDO volunteers, regular forced.All requests are final when the holiday book is closed.d. Operators marking off sick one (1) or two (2) days beforeone of the seven national holidays must produce adoctor’s certificate showing that sickness was real at thetime of the layoff.1. Operators laying off sick shall be required to reportback not later than 10:00 a.m. the day beforereturning to work.e. No Operator shall be permitted to work for anotherOperator by individual bargain on holidays.f. For purposes of this paragraph there shall be a minimumavailable openings at each facility as follows:Center: 13Powell: 11Merlo: 9Ruby Junction: 3Elmonica: 3The above mentioned numbers associated with daysoff at each of the garages may be adjusted to addressbusiness case needs. The ATU and the District will meetto discuss any necessary changes.Par. 7. Sign-Upsa. Operators shall have the right of choice runs accordingto seniority in continuous service; provided that on lines

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTwhich require special qualifications (such as Council CrestLine) only Operators having the necessary qualificationsfor the particular run or work shall have the choice ofsame. When an Operator loses pay because of the lack ofqualifications of another Operator, he shall be reimbursedfor all time lost.b. A new sign-up shall take place on the request of therepresentatives of the Association, it being understoodthat prior to the effective date of any new schedule orschedules the District shall have all schedules prepared,posted, and ready to operate the same before any signuptakes place. Said schedule shall remain in effect untilsuch time as a new set of schedules has been prepared,posted, signed, and become effective. By mutualagreement between the District and the Association, theDistrict may make minor changes in schedules without asign-up.c. Regular Operators having no regular assigned runs ondays when special schedules are used shall be assignedto work according to seniority, when so qualified, aheadof the extra list.d. On the day of Rose Festival Parade, Operators will beassigned a run on their same line as close to their originalrun as possible. In the event any Operator wishes tochange his run for any other open run on the same line,he may do so by entering his request in Red Book. TheRed Book will be closed by 10:00 AM the previous day.Requested open runs shall be assigned by Station Agentsaccording to seniority.e. The District and Association shall maintain a jointcommittee to study and revise Transportation Departmentsign-up procedures and rules.f. An Association representative shall be present at all signupsto sign for employees unable to sign for themselves.The District shall pay for such attendance.Par. 8. Layoffa. Transportation Department seniority shall govern in layingoff and reemployment of employees. Employees so laidoff because of lack of work shall be returned in the inverse43

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT44order in which they were laid off, as the need for theirclassification, or classification of work, permits.b. If the District curtails the number of employees in any job,the employee with the least seniority will be the first tobe moved out of that job. That employee will then beentitled to exercise such job seniority they have on any jobin that department.Par. 9. Other Provisionsa. All vehicles on the lines of the District shall be run byOperators, to include demand response; dial-a-ride;employer and neighborhood shuttles; and any other typeof transportation service with the exception of elderly anddisabled (paratransit) service; vehicles traveling betweenoffices, shops, or garages of the District; supply andservice trucks of the Maintenance, Facilities Maintenance,and Stores Departments, and delivery trips and necessarypull-ins.b The District will pay the renewal costs of a Class A or BCommercial Drivers License.c. No employee shall be required to violate city or statetraffic speed regulations for any reason.d. All employees covered by this agreement shall bereimbursed for loss or damage of certain personalproperty due to armed robbery, assault or theft,excluding mysterious disappearance, under the followingconditions:1. The armed robbery, theft or assault occurs while theemployee is at work; and2. The property was in the personal possession of theemployee at the time of the theft or robbery, or inthe case of transit operators, the property was onthe coach and was not unattended, except whenthe operator was required to leave the driver’scompartment to attend to official TriMet duties; and3. The employee makes a robbery, theft or assaultreport to the police department; and4. The employee files a claim with TriMet and providesreceipted bills to substantiate that replacements

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENThave been purchased or repairs made.5. The items that are covered by this agreement and themaximum values to be reimbursed are:Item:Maximum Value:Watch $75.00Uniform ClothingReplacementPrescription Eye Glasses ReplacementDrivers LicenseReplacementEmployee Transit Pass ReplacementPunchReplacemente. The District will make available one or more legal toiletson each line at all times that buses are operating on theline (as an example, a line such as the Broadway-Powellline shall be considered two lines for the purpose of thisparagraph). The District recognizes the desirability oflocating toilet facilities on the outer extremities of theline.f. All District schedules will have built into them a recovery orlayover time of five (5) minutes within each one (1) hourof running time. Because of traffic conditions, mechanicalfailures, and other related reasons, a five (5) minuterecovery time cannot be guaranteed. All Operators willendeavor to maintain their schedules at all times.g. The District will equip all buses with windshield washersand keep them in working order.h. Customer Complaints – The Association and the Districtagree that good public relations and customer service arevital to a successful transportation system.i. A panel with equal number of representatives from theAssociation and the District will meet to discuss thecreation of a Customer Comment Review Board thatparallels the District Accident Review process by which acustomer comment review board will implement a processto evaluate and recommend how to improve employeeperformance when an employee has a substantial number45

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT46of complaints. A substantial number of complaints isdefined as a number representing the top 5 percentile ofcomplaints for all employees received within a rolling 12months.Par. 10. Extra Board RulesAssigning Work1. All extra work shall be assigned to the board before regularOperators receive overtime. Before regular Operatorswill be called in for RDO work, the extra board will beexhausted. All assigned work shall be paid as assigned.2. When making up the board, all runs will be assignedbefore any overtime is added. The first run finished is thefirst marked up. If two (2) runs get off at the same time,the longest run shall be marked up first.3. After the runs are assigned, the extra work will be givenout with the greatest total time assigned first with theexception of extra service, which will be given to theextra board Operators. (Intent is to not assign regularOperators who have overslept extra service.)4. When two pieces can be combined to fit the qualificationsof a run and will total seven (7) hours and thirty (30)minutes or more, this combination will be inserted init’s proper place among the runs. If a run comes open,it should be assigned as a run. (Intent is to assign fullruns unless they are split days separated to be used astrippers.)5. All RDOs assigned when the extra board is made out willbe split days if at all practicable. The District will assignRDO work to the extra board and regular Operatorsaccording to past practice. All RDO work will be as closeto eight (8) hours as possible and will be assigned inthis order: split days, night runs, matinees, a.m.s. Eachcategory of run must be exhausted before assigning runsfrom the next.6. Specials shall be marked up after extras unless they arespecials expected to be out more than three (3) hours,and then they shall be worked with extras.7. An effort will be made not to assign a.m. reports before

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTa night run and p.m. reports after an a.m. run when theboard is made out. If, however, this should happen, anextra board Operator may be allowed to turn down (T.D.)the a.m. report, without penalty, and without affecting therest of his/her assigned work.8. An assignment made to an extra board Operator, who isnot a report, is that Operator’s assignment for the day andadditional work will be added only with his/her consent.Report Operators9. Station agents shall notify each report Operator as theycome up to watch sign-in board over intercom.10. A report Operator shall be up until they have accumulatedeight (8) hours pay. A pass up Operator shall also be upuntil they have accumulated eight (8) hours pay.11. If a report Operator catches any short part, they shall fallback into first place if they do not have eight (8) hourswork and returns before all other work is out. The nextreport Operator up for work who has been cut off in thea.m., will be brought back no later than 11:00 a.m. ExtraBoard operators who relieve on the road and are asked to“check back” will be permitted to call the Station Agent tosee if they are needed to perform extra work.12. In case of double covered run or errors, comparable workis work completed within two (2) hours of the originalassignment. If the new assignment gets off two (2)hours past original assignment, the Operator may rejectthe additional assignment without penalty. If Operator isused for report, they go before pass-up Operators.13. When reporting, an Operator shall receive actual time upto thirty (30) minutes. From thirty (30) minutes to fiftynine(59) minutes, he/she shall receive one (1) hour. Afterone (1) hour, it will be actual time.14. When any Operator oversleeps, their order on reportshall be determined by the time they call the garage afteroversleeping. They will be at the foot of the report list. Ifthey are called down to report in the morning, they shallkeep anything they catch and shall be penalized the eight(8) hour guarantee. If no Operator who oversleeps calls in,47

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT48they will be called in the order of their work assignments.15. When two (2) pieces of work go over at the same time,the first Operator up has the choice of work. If it is piecework, it would come under Rule 11.16. When an Operator on report catches an a.m. run, theDistrict will notify the Operator no later than two (2) hoursprior to the end of his/her shift if the Operator is neededfor additional work. Absent such notice, the Operatorshall be under no obligation for such extra work.17. Any work that comes open in the a.m. must be assignedbefore the first p.m. report and shall be given to the firstOperator above the red line who is entitled to it and canbe contacted by the Station Agent. (Intent is to contactnext report Operator entitled to work.)18. Where the need for an Operator to cover a road reliefbecomes known less than one (1) hour from the timeof relief, it shall be considered an emergency (except forlines 70, 9, 17, and 67, also 19 when applicable); fifteen(15) minutes or less for runs relieved at or near the garage.Missed road reliefs will not be considered an emergencysituation. (If lines change garages at a later date, the lineswill be renegotiated.)19. After all report Operators are exhausted, the next workshall go to the first available Operator above the reportOperators.Pass-Ups20. Operators taking a pass-up will follow the regular reportOperators. They must call in by 10:00 a.m. and will notbe assigned any work before 11:00 a.m. at the garage,or 11:30 a.m. in case of a road relief. Operators gettingoff work after 1:00 a.m. will call in by 10:30 a.m. and willnot be assigned work until 11:30 a.m. at the garage or12:00 noon in case of a road relief. Operators who get offafter 2:00 a.m. will call in by 12:00 noon and will not beassigned any work before 1:00 p.m. at the garage or 1:30p.m. in case of a road relief.21. An Operator taking a pass-up because of an owlassignment shall be given a report following the a.m.

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTreports and after having nine (9) hours off. Operatorsshall be guaranteed the last assigned a.m. report, andthen become a regular report Operator. (Intent is tokeep Operator from following behind other pass-upOperators.) The current alignment of runs covering owlservice renders this rule invalid and only if owl runs shouldin the future become assigned work, will this rule comeinto effect.22. Operators may pass-up if they have less than nine(9) hours off from the time they finish at night and arescheduled to start the next a.m. The Operator shall notifythe Station Agent within sixty (60) minutes after the endof the night run that he/she has elected not to work thea.m. assignment. The amount of time lost by such anelection not to work will not be deducted from his/herguarantee.Trading Work and Days Off23. All trading of runs and days off is a privilege granted bythe Association and the District and may be cancelled atany time. (Both parties must agree.)24. Operators cannot trade days with an Operator who ismarked off sick prior to the trade. Once such a trade ismade and approved, the trade will be honored even in theevent of an Operator marking off for the first part of thetrade.25. Operators can trade a run for an extra that has less thanseven (7) hours in it and will be given a T.D.26. Regular Operators may trade for a run that is finished two(2) hours later than their own run if (additional) overtimeis not involved.27. Operators can trade work on holidays if both have signedup to work the day.Penalties28. If a Station Agent marks up a run in error, the Operatorshall be paid for his/her run that he/she is marked up foror the run that pays the greater amount.49

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT5029. When a Station Agent makes an error, first operator hurtshall be paid. Only one (1) Operator will be penalized foroversleep on report.30. When the red line is moved incorrectly, or not moved atall, the position of the red line will be corrected as if it hadmoved correctly on the following workday. First two (2)Operators hurt will be paid.General31. Extra board Operators may request any run that is finishedafter midnight if they are entitled to an earlier run and willnot lose pass-up privileges.32. The Station Agent shall be required to give an Operatorthe entire assignment over the telephone. A copy of theoriginal board will be kept on file in the office.33. An Operator calling in one (1) hour and fifteen (15)minutes (75 minutes) before a road relief on their initialassignment will not be penalized with an oversleep. AnOperator calling in thirty (30) minutes before a garage signinon their initial assignment will not be penalized with anoversleep. (Intent is not to abuse call in privileges.)34. No Operator will be required to use their personaltransportation to make road reliefs.35. When mini-run Operators are promoted to full-timeOperators within a current sign-up, they will be assignedto an extra board with split days as RDOs.36. Station Agents shall not be allowed to hold work openwhen the Station Agent knows an Operator will be late.37. Extra board Operators have the option to T.D. runs ontheir regular day off.38. Extra Station Agents, extra Supervisors, and bus Operatorsshall not be given special consideration when assigned toany overtime.39. The Boardperson will double check the Board before it ishung when it is being made out by a trainee. All effort willbe made to hang the Board by 12:00 noon.40. An extra board Operator will be allowed to TD part oftheir assignment in order to attend sign-up, then check

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTback with the Station Agent. (Intent is for Operator tomaintain as much work as possible.)41. Open work pads will be covered and not seen by reportOperator. (In case of dispute, liaison officer will be allowedto look at pad.)42. After working twelve (12) hours, extra board Operatorswill be allowed to TD without penalty. The twelve (12)hours will include actual time on report, and actual timedriving, including paid dead-head time.43. When a two piece mini-run is overslept, the reportOperator who catches it has the option of working bothpieces but is not guaranteed eight (8) hours for suchwork or relieved from their twelve (12) hour obligation.Additional work can be assigned in one of two ways.If the Operator wished to give up the p.m. part and isneeded for earlier work by the Station Agent, they will goback up in accordance with Rule 11. If they wish to keepboth parts, additional work may be made in between thetwo pieces or after the p.m. part is completed. The reportOperator will be expected to inform the Station Agent oftheir decision upon completing the a.m. part of the minirun.If the Operator does not receive additional workbetween the two parts, they will also need to check withthe Station Agent upon completing the p.m. part. Anymini-run assignment worked by an extra board Operatorwill be subject to the eight (8) hour guarantee if no otherwork is added to it. A mini-run assignment will be paidactual time worked only if the Operator requests and isgranted a T.D. to do that work only.44. At any holiday sign-up, we will have an extra list to signon. Any Operator at the sign-up can sign on the extra listfor the holiday. The red line will be at the top of the listfor one(1) day. If any Operator wants to bid on any openextra or run, he may do so, seniority prevailing. The redline on the regular extra list will not change because of theholiday.45. Any time that any Operator signs on a vacation run theywill sign on a run for each week. If in any week there isno vacation to sign on, they will take the extra list in their51

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT52regular seniority for that week and rotate with the extraOperators.46. If at a sign-up an Operator cannot sign up on five full daysof work, but can sign up on three (3) full days of work theymay do so. On their fourth and fifth days, they will go totheir regular place on the extra list, and be governed bythe position of the red line.47. If an Operator oversleeps and is called down to report onthe a.m. extra list, they will keep anything they can catch,including a split day run. If they catch a tripper or do notgo out, the Station Agent may give them whatever is left,whether it is a short tripper or a report. If there are noregular extra Operators left, the Station Agent may, ifneeded, give an earlier report.48. After completing the work assigned on the sign-up board,an Operator will not then be penalized with a TDR forrefusal to do further work. Operators will not receive aTDR for refusal to work days off unless given twenty-four(24) hours notice. Any Operator turning down work willbe penalized only for that amount turned down.49. Both the original extra board and the completedextra board shall be copied and posted for everyone’sobservation for an additional twenty-four (24) hours.50. Extra board rules shall be clarified and posted permanentlyin drivers’ report room.Par. 11. Extra Servicea. When a Division is out of help, an extra board Operatorfrom another Division may be utilized but will operatefrom the Operator’s own Division.b. Extra service buses and Operators located in thedowntown area for breakdown, overload, or emergencysituations may be used for such purposes for a Divisionother than the Division to which assigned when allsuch buses from the Division in which needed are inuse. In such cases, Operators will not be penalized orreprimanded for lack of knowledge of a route for whichnot trained. Such extra service buses will be used forextra service work only, and the number of extra buses

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTassigned by each Division shall be the same percentageof its runs as the percentage used by the other Divisions.Par. 12. Special Worka. All bus Operators, after six (6) months employment bythe District, shall be allowed to attempt to qualify for allspecial work (charter service) applicable to driving.b. Whenever charter work or special work conflicts withany assigned work of a bus Operator, pay shall continuewithout a break until regular time off of assigned work.The intent of this paragraph is that an Operator doingspecial or charter work who is late getting off this specialor charter work and is too late for their next assignmentshall be paid straight through.Section 2 — MINI-RUNSPar. 1. Mini-run operators shall not be scheduled orassigned for more than thirty (30) hours per week. The minirunworkday shall be guaranteed at a four (4) hour minimum,and a seven (7) hour maximum. Mini-run operators shallhave two (2) scheduled days off in each workweek.Par. 2. A Mini-run Operator’s work must be completedwithin thirteen (13) hours from starting time; spread-timepenalty provisions shall not apply to mini-runs.Par. 3. Mini-runs will not count as percentage requirementof other contract run percentage requirements.Par. 4. Mini-run operators shall accumulate seniority asmini-run operators only and shall not accumulate seniorityas regular operators except that when additional regularoperators are to be employed by the District, notice of intentshall be posted by the District. Mini-run operators shall haveseven (7) calendar days to notify the District of a desire tobecome a regular operator. Upon notification to the District,mini-run operators will be promoted to full-time. The date ofemployment as a regular operator shall establish a mini-runoperator’s regular operator seniority date. Should the minirunoperator be off on leave and has notified the District thathe/she would like to go full-time, this request will hold theirplace in seniority when he/she is able to return to work.53

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT54Par. 5. Regular employees will have preference foremployment as Mini-run Operators over outside hires ifqualified. Employees on permanent disability will havepreference immediately following regular employeepreference, also subject to qualification. Retired employeeswill have preference after regular employees and employeeson disability if qualified. The District is to be the sole judgeof qualification for retirees and such judgment not subject togrievance.Par. 6. Mini-run operators, their spouses and dependentsshall receive free transportation passes after the mini-runoperator has completed their probationary period. Mini-runoperators shall also receive pro-rata pension rights basedupon an accrual formula equal to seventy-five percent (75%)of the full-time rate. Mini-run operators shall receive six (6)hours holiday pay and shall be entitled to the same holidaysas full-time employees after probation. Mini-run operatorswith twelve (12) months’ service will receive vacation to betaken in the second year on the basis of five (5) hours perday. Vacation will be paid based on the individual’s workassignment at the time vacation leave is taken up to theaccrued amount. Mini-run operators with three (3) weeksvacation available may choose to designate one (1) week touse one (1) day at a time. There will be a minimum of one(1) mini-runner to use a floating vacation day at each of thethree bus garages. It is understood that based on the worksite of the mini-run operators, and the number of weekswithheld to be used one (1) day at a time, adjustments in theminimum allowed per garage may need to be made. A minirunoperator with one (1) year of continuous service shallbe eligible, beginning on the first day of non-occupationalaccident and fourth day of non-occupational sickness, forextended sick leave benefits as provided under Article 1,Section 9, Paragraph 4 (b), at the rate of $90.00 per week.Mini-run operators will accrue sick leave on the basis of six(6) hours sick leave for every 140 accumulated straight-timepay hours. Mini-run operators shall begin accruing sick leaveon the first day of the month following the completion of theprobationary period. Sick leave shall be paid based upon theindividual’s work assignment at the time sick leave is taken,up to the accrued amount.

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTPar. 7. Mini-run Operator’s probationary period shall besix (6) months from completion of training period. In thecase of compensable injury suffered during the probationaryperiod, upon the employee’s return to work the period ofdisability would be tacked onto the probationary periodup to a maximum of ninety (90) calendar days. A Mini-runOperator who becomes a full-time Operator prior to thecompletion of their six (6) month probationary period, shallnot be required to serve the probationary period for full-timeemployees in addition. Mini-run Operators to be covered byArticle I, Section 2, Paragraph 2; Section 3 and Section 4.Par. 8. During the term of this Agreement, the District shallnot employ Mini-run Operators in a number, which exceedstwenty-four percent (24%).Par. 9. Any Operator who has obtained full-time Operatorstatus and is thereafter assigned by the District to Mini-runstatus shall continue to receive the same medical, hospital,dental, prescription drug, convalescence, optical and grouplife and accident and sickness insurance, disability retirementand pension benefits as are provided to full-time Operators.In addition, said Operators shall receive on a pro rata basison hours worked, all benefits received by regular full-timeOperators, except holiday pay shall be received on the basisof scheduled work time. Such Operators shall be guaranteeda minimum of thirty (30) hours of available work each weekand may be scheduled to a maximum of forty (40) hours.Par. 10. After full-time bus operators have been givenpreference to apply for positions as rail transportationoperators, if rail openings remain, mini-run operators mayapply regardless of their length of service. The followingconditions shall apply:a. When a mini-run operator accepts the offer to enter lightrail training, it will consist of seven weeks training at 40hours per week. Trainees are paid at their regular MROrate of pay during training. Upon completion of theseven weeks of training, based on staffing needs, minirunoperators will be returned to their part-time position.To retain their rail certification, they will complete onerevenue trip per month with a regular rail operator. This55

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTtrip shall be considered an extension of training and paidat the trainee’s regular MRO rate of pay.b. When mini-run operators are transferred to the LRVoperator position and establish seniority as a rail operator,they shall be paid at the LRV operator rate of pay basedon Article VIII pay scale. LRV operators receive increasesevery six months until the top rate of pay is reached.c. Mini-run operators shall establish full-time rail operatorseniority when they have been transferred to rail as aregular light rail vehicle operator.d. When the mini-run operator completes LRV operatortraining and returns to bus transportation, they will returnin the seniority order where they were prior to enteringLRV operator training. If the opportunity arises during thetime they are in LRV operator training that would allowthem to be promoted to full-time bus operator, they willbe notified through the regular posting process and theMRO must complete and submit the application slip forfull-time status.e. When a mini-run operator enters light rail training, theywill continue to be covered as a part-time employee formedical/dental/vision benefits with the District paying100% of the cost for the employee only. The MRO willcontinue to be responsible for paying the pro-rata portionof the premium for any dependents that may be coveredfor medical/dental/vision. At the successful conclusionof their rail training, the District will agree to reimburse theemployee the prorated portion for covered dependentsfor the length of the training period.f. If a holiday occurs during rail operator training, the holidaywill be paid for at eight hours per day.g. If during rail operator training the MRO requires the use ofpaid sick leave, it will be paid at eight hours.h. When an operator accepts the opportunity to enterrail operator training, and for the duration of the sevenweeks of training, they are not allowed to take vacation.However, in the event that the MRO needs paid time off(FMLA/OFLA) for which they may be paid vacation, they56

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTwill be paid based on their MRO vacation accrual at theircurrent MRO rate of pay.i. Once these employees become regular full-time rail or busoperators, the application of holiday, sick leave, vacationand benefit coverage will be the same as currentlyprovided to all full-time bus/rail operators.Par.11. In an experiment with the objective of providingmore weekend days off for full-time operators, theAssociation and the District agree to eliminate the seven (7)hour daily maximum work hours rule for mini-run operators.a. The District will not propose run cuts unless they areable to increase the number of full-time operators withweekends off by 10% within the first two sign-ups and by20% by the end of the first experimental year. The partieswill meet to discuss and resolve any unforeseen issuessurrounding the implementation of this experiment.In addition, the District will maximize mini-run workassignments that have consecutive weekday days off tothe extent possible. This change is not intended to haveany effect on the current amount of overtime offered bythe District. This experimental program shall run for oneyear from the date of ratification, and may be rescinded atanytime thereafter, in its entirety, by either the Associationor the District by giving thirty (30) days written notice.Section 3 — STATION AGENTS/CLERKSPar. 1. The District may schedule four (4) 10-hour daywork weeks. 10-hour shifts shall be bid for in accordancewith seniority on the same basis as bidding for other shifts.Time and one-half will be paid for hours worked in excess of10 hours on any one shift. If the District schedules 10-hourshifts it may abandon the 10-hour shifts at its discretion.Par. 2. All shifts will be consecutive hours whenpracticable. In filling vacancies, seniority shall prevail, subjectto qualification.Par. 3. Station Agents and Chief Station Agents shall signup for shift and days off.Par. 4. The District shall provide two (2) sign-ups peryear: One effective in April, to coincide with vacations, and57

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTone effective in September. Additional sign-ups will beheld to protect seniority (employees leaving or reenteringthe Department) and at the request of 50%, plus one (1)additional employee of the department.Par. 5. Sign-ups for Chief Station Agents (Boardperson)shall be for one (1) year.Par. 6. District seniority within the trainee group regardlessof the time of the first shift worked shall determine anemployee’s relative position on the extra Station Agent listand the order of appointment offered.Par. 7. Sign-ups for Station Agents shall become effectiveone (1) week prior to the effective date of Operator signups.Par. 8. The District will send a letter, as well as post anotice in the usual places, whenever employees are newlyappointed into jobs filled by appointment.Par. 9. Station Agents may take vacation one (1) day orone (1) hour at a time with prior approval of the departmentmanager. Denials of vacation under this provision shall notbe subject to Article I, Section 3 of this agreement.Par. 10. The District will provide training on all existing ornew equipment pertaining to an employee’s assigned jobfunction.Par. 11. All Station Agents working between the hours of6:00 PM and 6:00 AM shall receive a night shift differentialof twenty-five cents ($.25) per hour. Overtime, if any, shallbe paid on the base rate.Section 4 — INSTRUCTORSPar. 1. Instructors will be reimbursed at the highest IRS rateallowed by the Internal Revenue Service for using personalcar on company business.Par. 2. Instructors will themselves be trained on all TriMetvehicles, except light rail vehicles.Par. 3.Instructors’ work records will not reflect in any58

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTdisciplinary manner any accident for which the student busOperator is responsible.Par. 4. Instructors assigned to Center Street Garage will bepaid travel time from Center Street Garage when required todo training at another location.Par. 5. The District may schedule four (4) 10-hour dayworkweeks. 10-hour shifts shall be bid for in accordancewith seniority on the same basis as bidding for other shifts.Time and one-half will be paid for hours worked in excess of10 hours on any one shift. If the District schedules 10-hourshifts it may abandon the 10-hour shifts at its discretion.Section 5 — ROAD OPERATIONSPar. 1. Dispatchersa. Extra Dispatchers shall work Extra Dispatcher workaccording to seniority established at date of qualification,when they are available, except in an emergency.b. Not to exceed two (2) regular Dispatchers shall be allowedoff on each holiday. A drawing will be held to decide whowill be off. Not to exceed two (2) regular Dispatchers shallbe on vacation at the same time. Regular days off willnot be counted in determining the number of Dispatcherswho will be allowed to take vacations and holidays at onetime.c. Extra Dispatcher seniority will commence with the shiftthat the Dispatcher actually takes over the job and notnecessarily the first time he works the job; the intent beingthat the employee must be actually qualified to take overthe job before his seniority commences.d. The District shall provide two (2) sign-ups per year: Oneeffective in April, to coincide with vacations, and oneeffective in September. Additional sign-ups will be heldto protect seniority (employees leaving or reentering theDepartment) and at the request of 50%, plus one (1)additional employee of the department. Sign-ups forDispatchers shall become effective one (1) week prior tothe effective date of Operator sign-ups.e. The District will send a letter, as well as post a notice in the59

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT60usual places, whenever employees are newly appointedinto jobs filled by appointment.f. The District will provide training on all existing and newequipment pertaining to an employee’s assigned jobfunction. Dispatchers shall receive update training atreasonable intervals.g. The District may schedule four (4) 10-hour day workweeks.10-hour shifts shall be bid for in accordance with seniorityon the same basis as bidding for other shifts. Time andone-half will be paid for hours worked in excess of 10hours on any one shift. If the District schedules 10-hourshifts it may abandon the 10-hour shifts at its discretion.h. All Dispatchers working between the hours of 6:00 PMand 6:00 AM shall receive a night shift differential oftwenty-five cents ($.25) per hour. Overtime, if any, shallbe paid only on the base rate.i. All Dispatchers shall receive a thirty (30) minute paid lunchperiod within their shift.j. When a Dispatcher is qualified for such job and hasreceived an appointment to a regular position in suchclassification, seniority shall prevail for selection of shifts(subject to a probationary period of not to exceed ninety(90) days on such shift), vacation periods, holiday timeoff, layoff, and recall.Par. 2. Road Supervisorsa. No more than four (4) Road Supervisors may be off onvacation at one time.b. Road Supervisors and Extra Road Supervisors assignedto car shifts may be required to carry and use screwdrivers, crescent wrenches, and chain tools for minor roadadjustments, automatic reset button, tighten or removechains causing damage, tighten mirrors, fix window clips.c. The District shall provide two (2) sign-ups per year: oneeffective in April, to coincide with vacations, and oneeffective in September. Additional sign-ups will be heldto protect seniority (employees leaving or reenteringthe Department) and at the request of 50%, plus one(1) employee of the department. Sign-ups for Road

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTSupervisors shall become effective one (1) week prior tothe effective date of Operator sign-ups.d. The District will send a letter, as well as post a notice in theusual places, whenever employees are newly appointedinto jobs filled by promotion.e. The District will provide training on all existing or newequipment pertaining to an employee’s assigned jobfunction.f. The District may schedule four (4) 10-hour day workweeks.10-hour shifts shall be bid for in accordance with seniorityon the same basis as bidding for other shifts. Time andone-half will be paid for hours worked in excess of 10hours on any one shift. If the District schedules 10-hourshifts it may abandon the 10-hour shifts at its discretion.g. All Road Supervisors working between the hours of 6:00PM and 6:00 AM shall receive a night shift differential oftwenty-five cents ($.25) per hour. Overtime, if any, shallbe paid only on the base rate.h. When a Road Supervisor is qualified for such jobs andhas received an appointment to a regular position in suchclassification, seniority shall prevail for selection of shifts(subject to a probationary period of not to exceed ninety(90) days on such shift), vacation period, holiday time off,layoff, and recall.Section 6 — FARE INSPECTORSPar. 1. Vacancies for Fare Inspectors shall be filled fromOperators by seniority, subject to qualifications.Par. 2. The District shall provide two (2) sign-ups per year.One (1) effective in April, to coincide with vacations, andone (1) effective in September. Additional sign-ups will beheld to protect seniority (employees leaving or reentering thedepartment) and at the request of 50%, plus one employeeof the department.Par. 3. The District will provide rain gear and winter coatsto Fare Inspectors once every three years.61

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENT62Section 7 — OTHER PROVISIONSPar. 1. All Extra Road Supervisors, Dispatchers, and StationAgents shall have an extra list to sign on when qualified forany of the above stated jobs, and shall have first choice ofextra work in any of the above listed departments and choiceof shifts and day off.Par. 2. Work assignments for all extra lists in theTransportation Department, including but not limited toExtra Fare Inspector, Extra Station Agents, and Extra RoadSupervisors shall be by the use of a rotating red line as on theOperator Extra Board.Par. 3. The District will send a letter, as well as post anotice in the usual places, whenever employees are newlyappointed into jobs filled by appointment. This shall include,but not be limited to, newly appointed Driver Supervisors,Road Supervisors, and Training Supervisors.Par. 4. Sign-ups for Driver Supervisors, Road Supervisors,Training Supervisors, Dispatchers, Fare Inspectors, andStation Agents, shall become effective one (1) week prior tothe effective date of Operator sign-ups.Par. 5. Employees breaking in as Supervisors, StationAgents, Dispatchers, or Training Supervisors will receive theirregular rate during the break-in period.Par. 6. Inherent in the desire of both the District andthe Association to increase ridership is the accompanyingrequirement of flexibility in the operation of AlternativeTransportation Service (ATS). This may include mini-runOperators bidding different hours each day during the weekbut with two (2) scheduled days off, the transfer of servicebetween shuttle and big bus, and run hours as required(within the 30-hour weekly maximum for mini-run). FulltimeOperator runs may also include ATS work. In theevent of any dispute between the parties with respect tothe interpretation or implementation of this Paragraph theparties will mediate that dispute using the Labor RelationsCommittee. Otherwise, the dispute will be resolved pursuantto the dispute resolution procedure of the Agreement setforth in Article I, Section 3.

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTSection 8 — UNIFORMSPar. 1. The District will furnish at no cost to all Operatorswho have served the probationary period of 120 days, and toRoad and Training Supervisors, one (1) uniform, consistingof: One (1) jacket, two (2) pairs of trousers, three (3) shirts,and one (1) tie.Par. 2. The District will pay 80 percent (80%) of the costof uniform and optional uniform items (not including shoes,socks, underwear), to a maximum cost to the District of$215.00 for any one (1) year, provided, however, that if anemployee has failed to use the entire allowance he may carryover the unused amount to the following year. Should theUnion request, the District shall establish more than one (1)uniform supplier.Par. 3. All employees’ uniform anniversary dates shallbe April 1 of each calendar year. Employees’ eligibility foruniforms shall be from April 1 to March 31 of each year.Par. 4. Mini-run Operators are to receive a completeuniform as described above after six (6) months. The Districtmay also provide a partial uniform at the time of hire, but thisshall not affect the benefit to be received at the end of the six(6) month period.Par. 5. Newly hired employees shall be entitled to a prorateduniform allowance based on weeks worked betweenthe end of their probationary period and the next April 1st.The dollar amount in force for the year of hire shall be thebasis for pro-rating. New employees shall carryover anyamount not used to their next uniform year on a pro-ratebasis up to $100.00 a year. This pro-rated amount shallbe credited to each employee’s allowance at the end of hisprobationary period.Par. 6. If employee leaves the employment of the District,the uniform that has been purchased fully by the District willremain the property of the District.Par. 7. Rain gear shall be furnished to all RoadSupervisors.63

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTPar. 8. Road Supervisors will be given the same uniformprivileges as bus Operators, including one tie.Par. 9. In addition to the District logo, transportationdepartment employees will be permitted to wear (on avoluntary basis) a jointly created Association/District patch,which may be purchased through the uniform allowance.Par. 10. Classifications currently eligible to receive theexisting uniform allowance may use that allowance topurchase shoes or boots authorized by the District.Section 9 — LIGHT RAILPar. 1. When a light rail employee has been trained and hasreceived an appointment to a regular position, the employeeshall be on a probationary period of not to exceed ninety(90) days subject to the grievance procedure. An employeewho does not satisfactorily perform during that probationaryperiod may be returned by the District to the employee’sformer position without loss of seniority.Par. 2.a. Light rail employees assigned for regular work will holdLRT seniority based upon their respective District seniority.Thereafter, employees shall establish seniority in light railbased upon successful completion of training in order ofrail operator certification card number.b. When rail operator trainees complete the training programsuccessfully and qualify as Rail operators, each graduateof the training program will receive a rail operatorcertification card that includes the date of certification anda certification number. The certification number shall besequenced:1. In relative seniority by qualifying date – graduates ofeach training class receive higher certificate numbersthan graduates of previous training classes.2. In relative seniority of operators within each trainingclass, the highest seniority operator in each classreceives the lowest certificate number relative to thatclass.64

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTPar. 3.a. Rail operators shall be selected for training from qualifiedbus operators, by order of seniority. For the initial railoperator training program, bus operators shall be assignedto the Rail Transportation Department with no change inpay scale. Rail operator trainees forfeit their right to workas bus operators for the duration of their assignment toRail Transportation.b. All transportation operators who bid positions in LightRail will be committed to the Light Rail Division for atleast one (1) year full-time continued service, except formedical reasons. Operators who wish to return to theBus Division may do so on the effective date of theirspring sign-up, provided that the employee gives writtennotice of his/her intention to do so prior to the spring signup and that they have completed one (1) year of requiredcontinuous service prior to the effective date of the springsign up.c. If a rail operator leaves that classification for any reason,accrued rail seniority shall be forfeited. Any subsequentreturn to the Light Rail Division as an operator would beconsidered a reapplication and rail seniority would startover.Par. 4. Rail operators starting and quitting time for LRTand Vintage Trolley Operation shall be at Ruby Junction,Elmonica, or approved relief points, exclusive of traveltime. Approved relief points are Gateway, Rose Quarter,11 th Avenue Terminus, and Beaverton Transit Center. TheDistrict will continue the right to establish future relief pointsas needed and will meet with ATU to negotiate any otherappropriate relief allowances.Par. 5. Article 2, Section 1, Paragraph 9, Item a. shall applyto light rail vehicle operation on mainline tracks.a. Rail supervisors shall maintain their certification to operateLRVs on mainline tracks for the purpose of keeping theLRT system moving and operational. In the event a railsupervisor is forced into revenue service independently,the District shall make every effort to replace the supervisorwith an extra board operator as soon as possible.65

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTb. LRVs being tested on mainline tracks shall be operated bycertified rail operators. When testing is conducted withinthe rail yards, certified mechanics/technicians as well asoperators may operate test LRVs.Par. 6. Operators will be required to perform certain tasks(minor troubleshooting such as opening panel, resettingswitch, pushing buttons) and shall be trained by the Districtso as to be able to do so in order to maintain service. LRVoperators will be paid an allowance for each time they arerequired to manually raise or lower a pantograph, manuallyretract a bridgeplate, or release brakes. The allowance shallbe $25 for bridgeplate retraction, $50 for pantograph raisingor lowering, and $10 for brake releasing.Par. 7. Work boot expense in excess of $60.00 may bereimbursed through use of the existing uniform allowance.Par. 8. When new rail lines are under construction,engineers, construction managers, and other partiesassociated with the construction project will require trainsto operate under specific rules and orders in the role ofproject support. These activities will typically be intermittent,and take place many months before the new line is safetycertified, turned over to TriMet operations, and opened torevenue service. Extra board operators will be trained toprovide this project support as information is made availableto the Rail Transportation Training Department. Previewrides, or exclusive tours of the new rail line shall be assignedonly to operators who have actually operated over the newsections of track and are certified by the training departmentto carry customers. These provisions are for insuring safetrain operation through construction projects and imply thatthe training of operators shall begin with a few and grow tothe large body of extra board operators as the pace of workallows. The District shall make every effort to include thelarger body of extra board operators as quickly as possible.Par. 9. Within a sign up, the rail system may be subject toa construction or maintenance project of limited durationthat restricts or alters the flow of scheduled train serviceand requires a different service plan. Similarly, a significantevent that draws unusually large crowds may require a66

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTrestructuring of the existing service plan. The District shallmake every effort to learn of such events in a timely mannerand collaborate with the association to develop a service planthat respects the needs of the operators and permits them toprepare properly for the event. For example, some operatorsmay be asked to work additional time at the overtime rate,or to accept equivalent work in a restructuring of runs. Someevents may require a new, limited-term sign-up to structurethe service, and/or new relief points. Not withstanding theabove, Article 2, Section 1, Paragraph 7 shall apply.Par. 10. Training Assistants – Light Rail Operatorsa. The Light Rail Transportation and MaintenanceDepartments may appoint rail operators, rail supervisors,rail controllers and rail maintenance journey-workersas training assistants on a temporary basis. Trainingassistant position opportunities will be posted, and aselection process will be used to select employees forthese temporary positions. Selection as training assistantswill be for a 12-month period. The twelve-month termfor training assistants will be determined each year basedon the business need as identified by the individuallyaffected departments. Training assistants will receivea $1.75-an-hour premium when performing trainingassistant duties, except that a training assistant who is anassistant supervisor in maintenance will receive a $1.00-an-hour premium when performing training assistantduties. Training assistant duty assignments from withina classification will be made on the basis of seniority.Except in emergencies, at least one week’s notice willbe given for an upcoming training assignment, includingwork hours and locations that may be different than theemployee’s regular work, depending on the needs of thetraining program.b. When the classification of training assistant for railoperators is posted, the posting shall include the followinginformation:1. If a rail operator will perform exclusively as a trainingassistant during the course of an entire sign-up, therail operator will not sign up as a rail operator and67

ARTICLE II — OPERATIONS DIVISION/TRANSPORTATION DEPARTMENTwill not be allowed to sign for rail operator RDO orholiday work.2. Any paid time off occurring within the sign-up wherethe operator is performing exclusively as a trainingassistant will be paid at the training assistant rate.3. If there is a need for rail operators to performexclusively as training assistants during the entiresign up, it will be so noted on the sign-up posting.Those assignments will be offered by seniority.c. This provision provides a mechanism for Transportationand Maintenance employees in Light Rail Operationsto occasionally augment non-represented staff for thegiving or development of formal job-related training. Thisprovision does not change any existing provisions of theWorking and Wage Agreement, including Rail Operatorbreak-in training (Article II, Section 1, paragraph 6).Par. 11 Rail Allowancesa. The purpose of the rail operation allowance representscompensation for the inconvenience associated with therail relief. These payments shall not be considered aspay for time worked for any purpose. This applies to theunique circumstances pertaining to TriMet’s rail system.b. Rail Operation Allowance:From: Elmonica: Ruby:To: Beaverton TC $3.50 N/A11 th Avenue Terminus $8.00 $15.00Gateway Transit Center $15.00 $8.00Rose Quarter Transit Center $10.00 $10.00c. The District will continue the right to establish futureoperation allowances as needed, and will meet with theATU to negotiate any other appropriate allowance. Specialcircumstances may require the District to establish uniquelimits on any other appropriate allowance. These newlimited situations may be established with a two–weeknotice. The District will negotiate the payment for suchrail allowances with the Association.68

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTSection 1 — GENERALPar. 1. The Maintenance Department consists of thosefunctions necessary to maintain and repair revenue and nonrevenuerolling stock.Par. 2. Seniority by classifications as established hereinshall prevail in the performance of the work done in Paragraph1, qualifications considered.Par. 3. Eight (8) hours shall constitute a shift’s work periodat straight time. Forty (40) hours shall constitute a week’swork, excepting those weeks within which an agreed holidayfalls. Time and one-half shall also be paid for work performedon the sixth and seventh consecutive day required to work,sign-up schedule changes excluded. After employees havefinished their shift’s work period and are again called forwork before the expiration of thirty (30) minutes, there shallbe no break in time from the end of shift period for the timeworked. If employee is again called for work from home, orafter the expiration of thirty (30) minutes time from his shift’send, to report to work as soon as possible, they shall bepaid from the time called, but in no case shall such paymentbe less than four (4) hours at overtime rate. If called andnotified to report for work at a specified later time, but earlierthan their regular shift, they shall be paid from the time ofreporting for work, and overtime shall commence after thecompletion of eight (8) hours work, it being understoodthat the employee will complete their regular assigned shift.Employees called for work on regular assigned days or nightsoff (excepting as agreed to in Section 2, Par. 2), shall be paidat the rate of time and one-half when so called to work, butin no case shall such payment be for less than eight (8) hoursat overtime rate.a. All maintenance departments will assign overtime by strictseniority, except REM Light Rail.Par. 4. Classified positions as listed do not necessarilyindicate entire scope of duties to be assigned employees.69

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT70Other duties may be assigned, provided they are of lower orcomparable skill requirement, or of higher requirements if ofa temporary nature.Par. 5. Maintenance Helpers may be used by the District toinstall and remove tire chains after Mechanical help has beenexhausted and under a Mechanic’s supervision.Par. 6. Warranty work will be done by District employeeswhen qualified.Par. 7. The Stenographer in the Maintenance Departmentshall be allowed to take vacation one (1) day at a time withthe prior approval of the Department Director, and will betrained in word processing techniques pertaining to theemployee’s assigned job function.Par. 8. All trading days off is a privilege granted by theAssociation and the District and may be canceled at any timeby mutual agreement.a. The two parties entering into a trade will do so voluntarily.Once approved, filling the trades are solely theresponsibility of the two parties. (Three-way trades arenot an option). The District is not obligated with regardto record keeping, scheduling the payback substitution,work schedule changes or overtime expense.b. A trade can only occur between two (2) people working atthe same garage, during the same hours, within the samejob classification, having similar sign-up responsibilities,e.g., overhaul mechanics can only trade with overhaulmechanics, body shop mechanics can only trade withbody shop mechanics. Requests for trades are subject toapproval by the Supervisor. The District reserves the rightto approve requests on a case-by-case basis based uponoperational needs.c. This process is not subject to the grievance process.Appeals of any denials may be made to the Manager andwill be handled on a case by case basis.d. Personal Day Trader Program:The Personal Day Trader Program is for Maintenanceemployees to trade days off with themselves three (3)times (days) per sign-up under the following guidelines:

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT1) All day trades will have to take place during the samepay week (Sunday to Saturday).2) The trade cannot interfere with another employee’scontractual rights such as Vacation time, FloatingHolidays, or Birthdays.3) The trade will have the lowest priority and willbe at the discretion of the employee’s immediatesupervisor.Par. 9. The District may assign work not requiring journeylevel skill and knowledge to employees outside of the journeylevel classification (window film installation and replacement,LRV parts cleaning, LRV seat pad replacement). Employeesperforming the above mentioned tasks shall receiveMaintenance Mechanic rate for actual time spent doingthis work (except bus interior cleaners replacing seat pads);if that time exceeds 4 hours per day, they shall receive theMaintenance Mechanic rate for the entire shift. In the eventthe District proposes to add additional job duties to this list,additional listings shall be done by mutual agreement. Nojourney level employee shall be laid off solely as a result ofthis paragraph.Section 2 — FILLING OF POSITIONSPar. 1. When a position is open in any classification in theMaintenance Department, except for Supervisor, a notice shallbe posted on all department bulletin boards for not less thanthree (3) days before the position is filled, and any employeein the Maintenance Department may make application totheir Supervisor in writing before the notice expires. Theposition will be filled according to established seniority in theclassification called for, qualifications considered. Employeestrying out in a new position shall have a reasonable period toqualify; this to be determined by the Director of Maintenanceand/or his designees, and the Officers of the Associationand/or their designees.Par. 2. When the hours of a new position posted and bidon are afterwards changed, all positions below the holderof such position shall be reopened for bid according toseniority as defined in Paragraph 1. It is further agreed that71

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT72for the purposes of vacation relief, so the maximum numberof vacations possible to grant may be had during the periodof school vacations and for seasonal hunting periods, thisparagraph shall be inoperative. It is further understood andagreed that in arranging vacation relief, regular assigned daysoff will be maintained. A new sign-up shall take place at therequest of the representative of the Association.Par. 3. It is understood that when a new position is createdrequiring special skill and training, and no employee in theDivision can qualify, the District shall have the right to employsuch qualified people.Par. 4. Employees filling the position of one receivinga higher rate of pay shall receive the higher rate providingthey are capable of performing the work of the higherclassification, and the change is made for a period of three (3)days or more. They shall then receive the higher rate whenfilling this position in the future. Seniority in classificationshall not begin until the employee has bid for and qualifiedin a regularly posted position in that classification. However,employees hired directly from the outside into an apprenticeprogram may receive a seniority date in the Helper/ServiceWorker classification equal to their entrance into thatapprentice program.Par. 5. It is understood and agreed that in filling vacanciesthat are not filled by promotion within the Department,preference will be given to employees or laid off employeesof the Facilities Maintenance or Stores Departments. Suchvacancies will be posted on all bulletin boards for three (3)days. If unable to fill the vacancy, it may be filled accordingto seniority within the District. Following selection, Districtemployees shall receive preference for all bidding purposesover employees hired from the outside.Par. 6. Any Mechanic who bid a lower classification beforeJuly 1, 1982, shall continue to earn their Mechanic’s seniorityas long as they occupy their current job.a. Employees who are forced to bid a lower classificationdue to a job-related illness or injury shall not lose anyseniority.

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTb. Any Mechanic bidding a lower classification shall havetheir Mechanic seniority frozen as of the effective date oftheir bid.Par. 7. The selection and appointment of MaintenanceTrainers is a prerogative of the District without regard toseniority.Par. 8. Assistant Supervisor - Busa. The Assistant Supervisor classification for the Bus Divisionshall be a newly created position.b. The Assistant Supervisor classification shall be limited toBus Maintenance activities for which a journey workerclassification exists.c. All Assistant Supervisors will come from the journeyworker ranks.d. The wage rate for the Assistant Supervisor shall be 115%of the journey worker rate supervised.e. An Assistant Supervisor may supervise more than one (1)bargaining unit classification, as determined by TriMet,within the Bus Maintenance Department sections.f. Assistant Supervisors shall perform journey-level work inaddition to their Assistant Supervisor duties, except whenacting Supervisor.g. An assistant supervisor’s duties include assuming the dutiesof the supervisor when he or she is absent (vacation, sick,personal leave, etc.). When the maintenance supervisoris absent for 8 hours or more, the assistant supervisorshall fill in as acting supervisor and shall be paid anadditional hourly premium of $1.25. No senior mechanicwill be utilized under these conditions. When both thesupervisor and assistant supervisor(s) are absent for 8 ormore hours, the most senior mechanic will fill in as actingsupervisor and be paid at the assistant supervisor ratethey are replacing plus an additional hourly premium of$1.25. This is to apply to all maintenance departments atTriMet where there are supervisors. Assistant supervisorsshall not be paid supervisor rate on a supervisor’s regulardays off (e.g., Saturdays, Sundays and holidays).73

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT74h. An assistant supervisor may bid out of an assistantsupervisor classification for two (2) consecutive bidswithout affecting seniority. If the assistant supervisorstays out a third consecutive sign-up, they shall have theirassistant supervisor seniority frozen as of the beginningof that third sign-up. The assistant supervisor will againbegin accruing assistant supervisor seniority when they bidback into the position. When the assistant supervisor bidsback, they must remain for two consecutive bids or theirseniority will freeze. This is to apply to all maintenancedepartments who have assistant supervisors.Par. 9. Service WorkerA new classification of bus and rail maintenance serviceworker combining the helper/cleaner classifications will becreated. Existing helpers and cleaners will be grandfathered,retaining all seniority and existing wage rates. If a helper and/or cleaner bids a service worker job, they will be paid at theirhelper/cleaner rate. Service worker jobs will be posted afterall helper and cleaner jobs have been bid. The hourly wagerate for the service worker classification shall be the sameas the cleaner rate (for individuals hired after 4/01/89 withprogression). The service worker classification is to becomeeffective 7/01/04. All other positions will not be affected bythis new classification.Section 3 — SCHEDULE SIGN-UPSPar. 1 Work Shiftsa. A sign-up for Maintenance Department shifts shall beheld at the request of the Association. However, notless than one (1) general sign-up will be held per year.Position schedules shall be posted prior to a sign-up andseniority lists by classification as approved by the Districtand the Association shall also be posted. A sign-up shallbe posted for not less than seven (7) days.b. Prior to the Association calling for additional sign-ups, theAssociation agrees to meet and confer with representativesof the District within five (5) working days.c. Managers are to determine which jobs, if any, are to be4/10 shifts. Employees working 4/10 shifts shall receive

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTthe following:1. Sick Leave: Accrual will stay the same; a day is 10hours.2. Letter Re: >5 days off sick: Will change to 40consecutive hours.3. Letter Re: >4 occasions: Will stay the same.4. Military Leave: Will be paid on a daily or weekly basis,in 10-hour daily increments.5. Jury Duty: Will be paid at 10 hours a day. Theemployee and the supervisor may agree to changethe shift to 5/8s during the duration of jury duty.6. Floating Holidays, Vacation: Accrual will stay thesame. Use will be in 10-hour increments. If balanceis

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT76b. A list shall be posted listing employees by classificationand seniority, and a work schedule shall be posted settingforth the number of employees in each classificationnecessary to fill the schedule.c. The work schedule shall be posted fourteen (14) daysbefore the holiday and shall be filled and final seven (7)days before the holiday.d. Employees will sign the work schedule according toclassification in which qualified and by seniority, dayworkers to sign on the day shift, swing workers to sign onswing shift, and graveyard workers to sign on graveyardshift.e. Employees who sign up will sign up for the shifts they willwork in order of descending preference.f. An employee who signs up has preference over one whohas not signed by the final completion date.g. When filling an open position, an attempt will be made toassign the worker as close as possible to their normal shiftfor that day.Par. 3. A vacation sign-up, stratified by classification andshift, will be posted annually. Employees will be asked tosign their vacation preference by seniority, in minimum one(1) week increments. If an employee does not sign for anyor all of his vacation, the employee waives any seniorityrights, which might otherwise provide that employee theopportunity to displace another with less seniority at a laterdate. The vacation sign-up will remain in the Supervisor’soffice throughout the remainder of the year.a. Any employee shall have the opportunity to sign forvacation week(s) at any time, provided there is an openingon the sign-up.b. Holidays included in vacation weeks will not beconsidered as vacation days. In order to be excluded fromconsideration to work on such holidays, an employeemust take a full week of vacation.c. Employees will continue to have the opportunity torequest vacation on a day-to-day basis, provided thatthere is an opening on the vacation sign-up.

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTd. The District may allow employee vacation to be takenin one (1) hour increments. The existing work rules andpractices for vacations shall remain in force.Par. 4. Employees will be allowed to work holidays if theyfall on their RDOs as provided for below.1. Employees who wish to work their RDO will fill out andsubmit a bid card to work the holiday (classification shift,hours, etc.), and will also write “RDO” on the card toidentify them as an employee who wants to work theirRDO.2. Preference for jobs by classification and shifts will be asfollows:a. Employees submitting bid cards, who normally workthe day of the holiday,b. Employee submitting bid cards who wish to worktheir RDO,c. Employees who normally work the holiday and areDRAFTED.d. Employees who wish to work their RDO will only beallowed to pull their bids prior to final posting of theholiday sign up.3. Employees working on their RDOs will receive holidaypay and be paid at the overtime rate of one and one-halftimes their pay rate for time worked.4. Employees who normally work a 10-hour shift will beafforded the opportunity to work 10 hours on the holiday,but must contact the holiday shift supervisor to determinethe hours to be worked.Section 4 — LAYOFFSPar. 1. Maintenance Department seniority shall governin laying off and reemployment of employees. Employeesso laid off because of lack of work shall be returned in theinverse order in which they were laid off, as the need for theirclassification, or classification of work, permits.a. If the District curtails the number of employees in any job,the employee with the least job seniority will be the first77

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT78to be moved out of that job. That employee will then beentitled to exercise such job seniority he or she has on anyother job in that department.b. Only in the event of layoff, Facilities Maintenanceemployees shall be allowed to exercise their departmentalseniority for positions in Maintenance or Stores.c. Maintenance, Facilities Maintenance, and Stores shallbe deemed a single department for the purpose of thisparagraph.Section 5 — ALLOWANCESPar. 1. Any Journey Level Mechanic, who has performedthree (3) or more years of continuous service as a JourneymanMechanic, shall receive seventy cents ($0.70) per hour overbase rate of pay. Any Journey Level Mechanic with more thaneight (8) years Journey Level experience with the Districtshall receive an additional seventy cents ($0.70) per hourover base rate of pay. Any Journey Level Mechanic with morethan fifteen (15) years Journey Level experience with theDistrict shall receive an additional seventy cents ($0.70) perhour over base rate of pay. Any Journey Level Mechanic withmore than twenty (20) years Journey Level experience withthe district shall receive an additional seventy cents ($0.70)per hour over base rate of pay effective December 1, 2003.Any Journey Level Mechanic with more than twenty-five(25) years Journey Level experience with the district shallreceive an additional seventy cents ($0.70) per hour overbase rate of pay effective December 1, 2003. Any JourneyLevel Mechanic with more than thirty (30) years JourneyLevel experience with the district shall receive seventy cents($0.70) per hour over base rate of pay effective December1, 2003. Any Journey Level Mechanic with more than thirtyfive(35) years Journey Level experience with the district shallreceive seventy cents ($0.70) per hour over base rate of payeffective December 1, 2003.Par. 2. All longevity premiums and shift differentials will beincluded in the base rate for the purpose of calculating theamount of overtime due.Par. 3. Upon ratification of this agreement, March 23,

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT2004, all Journey Level Mechanics and Apprentices in theMechanic Training Program will receive thirty-five cents($0.35) per hour for compensation for the use of theirpersonal hand tools and by an additional two cents ($0.02)an hour for each year afterward. The tool allowance shall beincreased to thirty-five ($0.35) per hour effective December1, 2003; to thirty-seven cents ($0.37) per hour effectiveDecember 1, 2004; to thirty-nine cents ($0.39) per houreffective December 1, 2005; to forty-one cents ($0.41) perhour effective December 1, 2006; to forty-three cents ($0.43)per hour effective December 1, 2007; and to forty-five cents($0.45) per hour effective December 1, 2008. The Districtwill furnish one (1) set of metric tools.Par. 4. The District will furnish a minimum of two (2)pairs of laundered overalls per week to all employees of theMaintenance Department. Additional overalls will be providedfor exceptionally dirty work or as otherwise determinednecessary. Rain gear will be furnished by the District to theservice people in the Maintenance Department.Par. 5. Any Journey Level Mechanic who is assignedto train Apprentice Mechanics will receive an additionaltwenty-five cents ($0.25) per hour over base rate of pay foreach apprentice assigned. This provision shall not apply toAssistant Supervisors.Par. 6. The District will pay the renewal costs of a Class Aor B Commercial Drivers License.Par. 7. Upon ratification of this agreement, the District willpay the cost of shoes for maintenance employees that meetthe District’s Work Shoe Policy, not to exceed $100.00 peremployee. Reimbursement will be governed by the District’sWork Shoe Policy.Par. 8. In addition to the District logo, MaintenanceDepartment employees will be permitted to wear (on avoluntary basis) a jointly created Association/District patchat no cost.Section 6 — NIGHT SHIFTSPar. 1. A differential of thirty cents ($0.30) per hourshall be paid for all work performed by employees in the79

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT80Maintenance Division between the hours of 6:00 PM and6:00 AM. If fifty percent (50%) of work in any shift is withinthe hours covered by the night differential rate, the entire shiftshall be paid for at the night differential rate. This night shiftdifferential rate shall increase to thirty-five cents ($0.35) perhour effective February 1, 1993, and to forty cents ($0.40)per hour effective February 1, 1994.Par. 2. Night crews that work between the hours of 6:00PM and 7:00 AM shall have included in their shift a paidlunch period of thirty (30) minutes. The total shift includinglunch period, shall not be in excess of eight (8) hours.Section 7 — MECHANIC TRAINING PROGRAMPar. 1. There shall be a Mechanic Training Program. Thepurpose of this program is to offer qualified trainees anopportunity to advance in the field of bus maintenance to ahigh level of proficiency.Par. 2. This program is an on-the-job program. Routineassignments as well as training instruction will be delegatedto trainees in this program.Par. 3. Work assignments, shift hours, and areas ofinstruction will be decided by the–Training Manager.Par. 4. Applications will be accepted from employees ofthe District. A qualification test to determine mechanicalaptitude will be given and appointments will be made basedon seniority from those applicants receiving a passing testscore. All Helpers on the payroll as of April 1, 1979, shall havea right to enter this training program with no reduction inwages, based on seniority and a passing test score beforeother applicants are appointed. Should no one apply, orshould all applicants fail to receive a passing test score, theDistrict shall have the right to recruit applicants from outsidethe employee group.Par. 5. There will be not less than twelve (12) trainees inthe program at all times during the life of this agreement.Those trainees in the training program prior to April 1, 1979,shall continue under the rules and procedures, including payrates, in effect at the time of their enrollment. Trainees in thetraining program shall, except as otherwise provided in this

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTsection, operate in accordance to the rules and procedurespreviously entered into between the parties.Par. 6. Trainees will receive the Helper’s rate for the firsttwo (2) years in the training program, the MaintenanceMechanic’s rate for the third year of training, and shall beadvanced to the Journey Level Mechanic’s rate upon thesuccessful completion of the third year.Par. 7. A log or diary will be kept to record the assignmentsand duties performed by the trainees, including commentsand observations of Supervisors and instructing Mechanics.The Director of Maintenance, or his designee will evaluatetrainees at the end of ninety (90) days. Unsatisfactoryprogress will necessitate dismissal from the training program.Helpers unsuccessful in the training program will be returnedto their former assignment with no loss of seniority or rightsin the former classification. Evaluation of the traineesresulting in continuation in, or dismissal from, the programwill take place every ninety (90) days until training has beencompleted. All trainees retain their rights to the grievanceprocedure.Par. 8. A joint committee composed of three (3)representatives each, for both the District and the Associationshall be established in conjunction with this trainingprogram.Par. 9. Nothing in this Agreement bars the District frompromoting a Mechanic trainee to a Journey Level Mechanicwhen qualified.Par. 10. Apprentice Mechanics may be promoted to aJourney Level Mechanic when qualified. If so promoted, theindividual will be paid at top rate at time of promotion.Par. 11. Any District employee who has successfully met allthe prerequisites established by the District and is selectedto enter a District apprenticeship program, shall, as acondition of entering an apprenticeship program, attend anapprenticeship program orientation of that program. Theorientation will include a meeting with a supervisor to coverjob requirements and expectations, working conditions, andan interview with a journey level worker. Any employee afterentering a program and who leaves that program for any81

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT82reason prior to attaining journey level status, shall forfeit theirright to enter another program for one year or the length oftime served in that program, whichever is lesser.Section 8 — TIRE SERVICEPar. 1. Effective October 1, 1991, Tire Service will beestablished as a separate classification in the MaintenanceDivision.Par. 2. On October 1, 1991, current Tire Service employeeswill have established both District seniority and Tire Serviceseniority as date of hire with Goodyear or their predecessor.District seniority shall be used as the basis for determiningvacation benefits only.Par. 3. Tire Service employees will have MaintenanceHelper seniority established as of October 1, 1991. TireService employees will be allowed to exercise their helperseniority one (1) time only.Par. 4. Tire Service employees are eligible for longevitypremiums paid to Journey Level Mechanics.Par. 5. Effective July 1, 2004 the job of Utility Tiremanis created within the Classification of Tireman to providegreater flexibility for the District to schedule tire workassignments and in balancing the allocation of manpowerbetween maintenance facilities when necessary. The UtilityTireman may, under specific conditions, be assigned to otherlocations or be assigned other duties for all or part of theregular work shift.a. One employee from Center Street in the Tiremanclassification may be assigned as a Utility Tireman.b. Whenever the number of Tiremen at a given busmaintenance facility are insufficient to cover workabsences or the work in need of completion, a UtilityTireman may be sent from another facility to assist incompleting the work.c. The Utility Tireman may be assigned to another facilityfor all or a portion of their work shift. When notified toreport to another work location the District shall providetransportation.

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTd. The Utility Tireman shall be entitled to the same prevailingwage rates, health, welfare and other benefits, and will besubject to the same general working conditions as otheremployees in the Tireman classification.Section 9 — MAINTENANCE DEPARTMENTASSISTANCE FUNDPar. 1. A Maintenance Department Assistance Fund will beestablished each year from July 1st to June 30th in the amountof five percent (5%) of the District’s total maintenance directlabor costs budgeted for that year. The purpose of the fund isto pay for the labor costs of work performed by independentcontractors. The District shall provide the Association withitemized quarterly reports of the Maintenance DepartmentAssistance Fund. Any dispute shall be subject to the grievanceprocedure. No portion of the fund shall be carried over tothe next year. Under no circumstances shall the total amountexceed the original allotment. If a cost overrun occurs, theamount of the overrun shall be doubled and deducted fromthe following year’s fund and no further contracting shalltake place for the balance of the year, which was overspent.Par. 2. Should any maintenance employee be laid off orthe work force reduced, the District’s use of the MaintenanceDepartment Assistance Fund shall cease immediately.Par. 3 Warranty Work – BusWarranty work will be done by District employees whenqualified, and District mechanical employees will participatein all types of warranty work where such participation willaid in the training of District employees and is not merelyrepetitive in nature, anda. Prior to commencing third party or vendor warranty work,including extended warranty work or retrofits that mayinclude warranty work; the District will meet with theATU to explain the nature of the work and the warrantyprovisions covering the repairs. Documentation from thismeeting in a manner and format acceptable to each partywill be deemed to be a satisfactory record of the activity.b. The District will assign and rotate mechanics to workwith the vendor on warranty work that will provide83

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT84TriMet mechanics a direct training benefit. Accordingly,the location maintenance manager and ATU executiveboard member will agree on and set forth a workforceassignment and rotation schedule that provides theoptimal training benefit. For example, HVAC mechanicswould be assigned and rotated to work with HVACvendors performing warranty repairs.c. For declared campaigns, vendor “policy” campaigns, anddeclared fleet defects where a significant portion of a fleetis affected (20% for Bus and 10% for Rail), the District willassign and rotate no less than one mechanic from eachshift to work with the vendor. The location maintenancemanager and ATU will jointly, in good faith and with allreasonable intent, determine whether the warranty workto be performed is repetitious with little or no continuinglearning value. If so determined, in writing, the continuedassignment of one mechanic per shift may terminate afterthe initial start of the work, but not before at least onemechanic per shift has been adequately trained. TheDistrict may thereafter allow the vendor to complete thecampaign work on its own. In the event the locationmaintenance manager and ATU executive board membercannot agree on whether a specific warranty activity is“repetitious with little or no continuing learning value,”the matter will be heard by the Joint Labor RelationsCommittee, whose decision shall be final.d. When the requirement to conduct warranty work asdescribed above significantly impacts the District’scapability to meet its normal maintenance demands, suchthat it endangers the District’s compliance with its andthe FTA’s maintenance guidelines, the District will meetwith the ATU to agree on specific terms and conditions bywhich contractual warranty requirements shall be waivedfor a specific and limited duration.e. If the District’s employees performing warranty workcauses the component or equipment manufacturer tonot warrant the repair or modification, the vendor will bepermitted to make the repair or modification, subject tothe conditions set forth above. However, the District willmake every good faith effort to obtain future warranty

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTcertification status for its affected workforce from thecomponent or equipment manufacturer.Par. 4. Use of the Maintenance Department AssistanceFund does not exclude any type or types of work to bedone by maintenance department employees; maintenanceemployees retain the right to all work not done by theMaintenance Department Assistance Fund. The Districtwill maintain facilities, funding, staffing, and training for allfunctions necessary to maintain and repair revenue and nonrevenuerolling stock, owned or operated, in whole or in part,by or for the District.Section 10 — UTILITY HELPERSPar. 1. Effective September 1, 1985, the classificationof Utility Helper is established to provide greater flexibilityfor the District in scheduling work assignments and inbalancing the allocation of manpower between maintenancefacilities when necessary. Utility Helpers may, under specificconditions, be assigned to other locations or be assignedother reporting time and/or duties for all or part of a regularwork shift.Par. 2. A maximum of twelve (12) employees (four (4) ineach division) in the Helper classification may be assigned asUtility Helpers.Par. 3. Whenever the number of Helpers at a givenmaintenance facility are insufficient to cover work absencesor the work in need of completion, Utility Helpers may besent from another facility to assist in completing the work.Par. 4. When a Utility Helper is required to report to anothermaintenance facility, the Utility Helper will be notified by theappropriate shift supervisor or garage manager. For thepurposes of reporting to or returning from the other facility,the Utility Helper will be provided transportation by theDistrict.Par. 5. Utility Helpers may be assigned to another facilityfor all or a portion of their work shift. A Utility Helper maybe required to report to work at a time other than his orher regularly scheduled shift starting time or to another85

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTmaintenance facility provided that a minimum of twenty-four(24) hours advance notice has been given. In any event, analternate report time may not be more than four (4) hoursearlier than nor later than the normal shift’s starting time forthe Utility Helper.Par. 6. The Utility Helpers shall be entitled to the sameprevailing wage rates, health, welfare, and other benefits,and will be subject to the same general working conditionsas other employees in the Helper classification.Section 11 — LRT MAINTENANCE VEHICLEMECHANICS’ TRAININGPar. 1. All light rail employees shall receive their regularrate of pay while training.Par. 2. The LRT Mechanic Apprentice Program shall begoverned by the same provisions contained in Section 7 ofthis Article with the following exceptions:a. Work assignments, shift hours, and areas of instructionwill be decided by the Maintenance Manager.b. A qualification test to determine mechanical, electricaland electronic aptitude will be given.c. The LRT Mechanic Apprentice may be promoted to JourneyLevel Mechanic when qualified, and if so promoted will bepaid at top rate at time of promotion.Par. 3. A joint committee composed of three (3)representatives each, for both the District and the Association,shall be established in conjunction with this apprenticeprogram.Section 12 — LRT VEHICLE MECHANICS’SENIORITYPar. 1. A Light Rail Vehicle Mechanic’s (LRVMs) senioritydate will be the effective date of a transfer to light rail. Ifmore than one (1) mechanic is transferred on the same day,they shall be ranked in the same order of seniority as held atthe time of transfer.86

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTSection 13 — LRT SAFETY INSPECTIONSPar. 1. The parties recognize that in order to accomplishregular safety inspections that may only be accomplishedwhen the system is down, it may be necessary to reassignregularly scheduled shifts. The District agrees to provide theaffected employees at least thirty (30) days notice of suchshift changes. In the event of such a shift change, the firstfour (4) hours of each reassigned shift shall be at time-andone-half.The affected employees shall also receive anyapplicable differentials.Section 14 — CONTRACTING OUTPar. 1. It is not the intent of the District to subcontractitems, components, and/or services currently performedby District employees, except in case of an emergency or asagreed by the parties in writing, as they relate to the District’slight rail maintenance operations.Par. 2. Warranty Work – Rail Equipment MaintenanceWarranty work will be done by District employees whenqualified, and District mechanical employees will participatein all types of warranty work where such participation willaid in the training of District employees and is not merelyrepetitive in nature, anda. Prior to commencing third party or vendor warranty work,including extended warranty work or retrofits that mayinclude warranty work; the District will meet with theATU to explain the nature of the work and the warrantyprovisions covering the repairs. Documentation from thismeeting in a manner and format acceptable to each partywill be deemed to be a satisfactory record of the activity.b. The District will assign and rotate mechanics to workwith the vendor on warranty work that will provideTriMet mechanics a direct training benefit. Accordingly,the location maintenance manager and ATU executiveboard member will agree on and set forth a workforceassignment and rotation schedule that provides theoptimal training benefit. For example, HVAC mechanicswould be assigned and rotated to work with HVAC87

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTvendors performing warranty repairs.c. For declared campaigns, vendor “policy” campaigns, anddeclared fleet defects where a significant portion of a fleetis affected (20% for Bus and 10% for Rail), the District willassign and rotate no less than one mechanic from eachshift to work with the vendor. The location maintenancemanager and ATU will jointly, in good faith and with allreasonable intent, determine whether the warranty workto be performed is repetitious with little or no continuinglearning value. If so determined, in writing, the continuedassignment of one mechanic per shift may terminate afterthe initial start of the work, but not before at least onemechanic per shift has been adequately trained. TheDistrict may thereafter allow the vendor to complete thecampaign work on its own. In the event the locationmaintenance manager and ATU executive board membercannot agree on whether a specific warranty activity is“repetitious with little or no continuing learning value,”the matter will be heard by the Joint Labor RelationsCommittee, whose decision shall be final.d. When the requirement to conduct warranty work asdescribed above significantly impacts the District’scapability to meet its normal maintenance demands, suchthat it endangers the District’s compliance with its andthe FTA’s maintenance guidelines, the District will meetwith the ATU to agree on specific terms and conditions bywhich contractual warranty requirements shall be waivedfor a specific and limited duration.e. If the District’s employees performing warranty workcauses the component or equipment manufacturer tonot warrant the repair or modification, the vendor will bepermitted to make the repair or modification, subject tothe conditions set forth above. However, the District willmake every good faith effort to obtain future warrantycertification status for its affected workforce from thecomponent or equipment manufacturer.Par. 3. Article II, Section 1, Para. 9(a) shall apply to lightrail except that it shall not prevent the operation of LRVs byengineers and/or mechanics in non-revenue service. The88

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTparties recognize that from time to time it will be necessary formanufacturers’ representatives and/or engineers to operatecars for purposes of testing and determining whether designchanges ought to be recommended. It is contemplated thatin most circumstances such manufacturers’ representativesor engineers will be accompanied by an LRVM.Par. 4. A joint committee consisting of at least two (2)Union and at least two (2) District representatives will beestablished. If the District requests items, componentsand/or services not previously agreed to be contracted out,the committee shall meet and review the subcontractingproposal. If the committee is deadlocked as to whether anitem should be subcontracted, the matter shall be presentedto the District’s Labor Relations Director, or his designee,and the President of the Local Union, or his designee. Anydeadlock between the District’s Labor Relations Director andthe President of the Local Union shall be resolved througharbitration. The Joint Labor Relations Committee may, byjoint agreement, review the case in an attempt to resolve thedisagreement.Par. 5. Quarterly detailed reports of all subcontractedactivity shall be distributed to the joint committee members.If work of a particular type is of a continuing volume orfrequency equivalent to the annual hours of work of apermanent employee in an existing classification of theDistrict, the District shall, within a reasonable amount oftime, add or create a position within the bargaining unitclassification to perform the work. The District will not berequired to create a new position unless a cost analysisdemonstrates that the expenditures are cost effective.Par. 6. The District may subcontract work under emergencysituations. Emergencies shall be construed as conditionsbeyond the control of the District, such as acts of God,official government-declared emergencies, and unexpectedsituations that significantly impact the operations ofmaintenance activities that would cause operations to besubstantially interrupted. The exercise of emergency rightsby the District does not preclude the Union from raisinggrievances on the issue.89

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT90Par. 7. It is not the intent of the District to avoid hiring newemployees as workloads increase, nor will any ATU employeebe laid off solely as a result of subcontracting.Section 15 — LRT APPRENTICESHIP TRAININGPROGRAMSPar. 1. Light Rail Maintenance Department shall haveseven (7) Journey Level classifications:Overhead Traction Electrification MaintainerTraction Substation TechnicianSignal MaintainerTrack MaintainerRail Vehicle MechanicFare Lift TechnicianCommunication TechnicianPar. 2. Each Journey Level Mechanic shall hold seniorityonly with his/her specific classification. The District mayadminister cross training to light rail Maintenance of Way(MOW) employees for purposes of teamwork, optimumproductivity, and mutual assistance among MOW disciplines,as well as to enhance safety.Par. 3. The District shall establish MOW ApprenticeshipPrograms in the classifications of:Overhead Traction Electrification MaintainerTraction Substation TechnicianSignal MaintainerFare Lift TechnicianPar. 4. The parties acknowledge the joint apprenticeshipand training committees (or trade committees) as theexclusive source for apprenticeship and training standardsas approved by the State of Oregon Apprenticeship andTraining Council.Par. 5. The District shall fill light rail apprenticeshipopenings in order of seniority of applicants passing aptitudetests offered to District employees in the following priority

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTorder:a. Journey Level maintenance employees who have five (5)or more years of Journey Level status.b. Other non-Journey Level maintenance employees whoare not currently enrolled in a TriMet apprenticeshipprogram.c. All other TriMet employees.d. If an apprentice opening remains open after offeringaptitude tests to internal applicants, as outlined above, theDistrict may offer such openings to outside applicants.Par. 6. TriMet employees entering the light rail MOWApprenticeship Program shall be paid according to the LRVApprentice Mechanic schedule.Par. 7. In the event that the selection of the most seniorJourney Level mechanic (bus or rail) applicant for a lightrail MOW apprenticeship vacancy would result in a severehardship on the District relating to the performance of aJourney Level’s regular work (i.e., the resulting Journey Levelmechanic vacancy would result in the need to cut jobs orto contract out work under the terms of the MaintenanceAssistance Fund), the District may pass over that mechanicand select the next qualified applicant. In such cases, themechanic who has been passed over will be given theopportunity to fill the next light rail MOW ApprenticeshipProgram vacancy. Upon successful completion of theApprenticeship Program, the passed-over mechanic shall beafforded the seniority he/she otherwise would have had ifselected for the initial opening.Passed up mechanics:a. For Existing Openings:1. Any journey-level mechanic who applied forapprentice openings on the February 11, 2000posting and who had more than 5 years seniority asa journey-level mechanic at the time of the postingand who met all other required prequalifications shallenter that program at the next available opportunitybased upon the base journey-level rate for the91

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT92discipline they are entering, but without longevityprogressions.2. Mechanics on the February 11 posting who meetthe qualifications listed above shall have oneopportunity to enter a program for each programthey selected under these rules. Those who declineto enter when given their opportunity will forfeit thisrate when entering that program in the future andwill be subject to the pay rates outlined in “For futureopenings” below. Those who enter a program shallforfeit use of this language if they leave that programand shall receive the helper rate as outlined under“For Future Openings” below upon entry into anysubsequent apprenticeships.b. For Future Openings:1. Journey-level mechanics from all disciplines,after meeting the 5 year requirement and otherprequalifications, would go into apprenticeship atthe top apprentice rate (equal to the top helper rate)under conditions in Article 3, Section 7, Paragraph6, and as outlined in the Apprentice Mechanicspay schedule on page 87 of the current laboragreement.2. Helpers from Bus and Rail would enter apprenticeshipsbased upon Article 3, Section 7, Paragraph 6 andthe existing pay schedule for Apprentice Mechanicson page 87 of the current labor agreement.3. TriMet may use the MOW hold back languagefor journey-level movement into any apprenticeprogram.Where applicable, the above provision also applies to BusMaintenance.Par. 8. Nothing in this Agreement bars the District frompromoting an apprentice to a Journey Level in less than four(4) years; however, promotion to Journey Level status froman apprentice program in four (4) years shall be based onDistrict seniority in accordance with the collective bargainingagreement. Upon six (6) months’ accrual in an apprenticeshipprogram, an employee shall forfeit seniority held in the

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTemployee’s previous classification. Prior to such six (6)months’ accrual, however, an employee may elect to returnto his/her previous classification, whereupon the employee’sseniority held upon return shall be the same as if he/shehas remained in the previous classification; this provisionmay also be effective following six (6) months’ accrual fora particular employee by mutual agreement between theDistrict and the Union.Par. 9. In lieu of a certified apprenticeship program forTrack Maintainer, the following provisions shall govern thefilling of Track Maintainer openings.a. Create a classification of Laborer/Track Trainee: Labor/Track Trainees will be filled from the Laborers classification.By seniority, Laborers will be offered the Track Traineepositions. The Track Trainees will be given formal trainingas well as On The Job training (OJT) in Track Maintenance.When not performing Track OJT they will perform theirregular Laborer job duties.b. Those holding the Laborer/Track Trainee positions will beeligible for overtime call-outs, to assist when track workis being performed during off-hours. These call-outswould come after the regular Track Maintainers had beencalled but before other journeymen were called.c. Laborer/Track Trainees shall remain in those positionsuntil such time as the District offers an opening for TrackMaintainer. When such an opening occurs it shall beoffered by seniority to qualified Laborer/Track Trainees.Those that decline to fill the offered positions will eitherfill a Laborer’s position, if an open position exists, or if nopositions exist, will return to the previous classificationheld prior to Laborer with loss of all seniority as Laborerand/or Laborer/Track Trainee. Once a person declinesa Track Maintainers position they will not be eligible foranother opportunity for a period of five (5) years.d. A maximum of four (4) Laborer/Track Trainee positionsmay be created. Additional positions, if needed, may becreated with District/ATU agreement.e. The State of Oregon Apprenticeship Council shall notgovern the Laborer/Track Trainee program, but the Light93

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT94Rail Apprenticeship Committee shall oversee the training,testing and qualifying of those persons holding thesepositions.f. Openings for Laborer/Track Trainees shall be filledaccordance with Article III, Section 15, Paragraph 5.Par. 10. The payment of tool allowances to Journey LevelMechanics and Apprentices as provided in Article III, Section5, Paragraph 4 shall not apply to Maintenance of Way (MOW)classifications, including:Signal MaintainerOverhead Traction Electrification MaintainerTraction Substation TechnicianTrack MaintainerPlant MechanicCommunications TechnicianAll tools required by the classifications listed above shall befurnished by TriMet.Par. 11. Apprentice ProgramsAny District employee who has successfully met all theprerequisites established by the District and is selectedto enter a District apprenticeship program, shall, as acondition of entering an apprenticeship program, attend anapprenticeship program orientation of that program. Theorientation will include a meeting with a supervisor to coverjob requirements and expectations, working conditions, andan interview with a journey level worker. Any employee afterentering a program and who leaves that program for anyreason prior to attaining journey level status, shall forfeit theirright to enter another program for one year or the length oftime served in that program, whichever is lesser.Section 16 - ASSISTANT SUPERVISOR - RAILa. The Assistant Supervisor classification shall be limitedto Rail Maintenance Department activities for which ajourney worker classification exists.b. All Assistant Supervisors will come from the journeyworker ranks.

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTc. The wage rate for the Assistant Supervisor shall beeffective December 1, 1994, and shall be 115% of thehighest Journey worker rate supervised.d. An Assistant Supervisor may supervise more than one (1)bargaining unit classification, as determined by TriMet,within the Rail Maintenance Department sections.e. Assistant Supervisors shall perform journey-level work inaddition to their Assistant Supervisor duties, except whenacting supervisor.f. An assistant supervisor’s duties include assuming theduties of the supervisor when he or she is absent (vacation,sick, personal leave, etc.). When the maintenancesupervisor is absent for 8 hours or more, the assistantsupervisor shall fill in as acting supervisor and shall bepaid an additional hourly premium of $1.25. No seniormechanic will be utilized under these conditions. Whenboth the supervisor and assistant supervisor(s) are absentfor 8 or more hours, the most senior mechanic will fill in asacting supervisor and be paid at the assistant supervisorrate they are replacing plus an additional hourly premiumof $1.25. This is to apply to all maintenance departments atTriMet where there are supervisors. Assistant supervisorsshall not be paid supervisor rate on a supervisor’s regulardays off (e.g., Saturdays, Sundays and holidays)g. An assistant supervisor may bid out of an assistantsupervisor classification for two (2) consecutive bidswithout affecting seniority. If the assistant supervisor staysout a third consecutive sign-up, he/she shall have theirassistant supervisor seniority frozen as of the beginningof that third sign-up. The assistant supervisor will againbegin accruing assistant supervisor seniority when he/shebids back into the position. When the assistant supervisorbids back, he/she must remain for two consecutive bids ortheir seniority will freeze. This applies to all maintenancedepartments who have assistant supervisorsSection 17 – BUS MAINTENANCE OVERTIMEPar. 1 The function of overtime is to facilitate the continuityand completion of work under unusual or extraordinary95

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTcircumstances. Overtime will be used on an exception basisand is the prerogative and responsibility of maintenancemanagers.96a. The criteria for making overtime assignments andpaying employees at the overtime rate will be based on:classification, current signed job function with whichthe work would normally be associated, (i.e. body shopemployees do body work, engine rebuild employeesdo engine rebuild, spotters do spotter work, etc.) thenseniority. Overtime will not be offered to an employeewho has been off sick until that employee has returned towork for one full workday.b. At the discretion of the supervisor, overtime may beoffered to an employee who is already performing awork task or repair as a continuation of that work task orrepair.c. Jobs posted with designated reliefs do not mandatethe relief person has a right to overtime in the absenceof the original designated job i.e. spotter/spotter relief,wheelchair lift inspection/wheelchair lift inspection relief,downtown truck/downtown truck relief, etc. Otherqualified employees already on shift may be used tocomplete repairs or other job duties on straight time.d. A supervisor may not authorize overtime for employeeson other shifts unless specifically acting on behalf ofanother supervisor.Par. 2 Callout:1. Each supervisor shall create a list of employees on theirshift by seniority, classification, and job duties. Thislist is to be used for offering overtime opportunities toemployees on the list on their RDO.a. Employees must indicate, at the beginning of eachsignup, if they want to be called for overtime. However,the supervisor must make an announcement at thebeginning of each signup that they are preparing theovertime list.2. If overtime is deemed necessary, the supervisor will:a. Offer overtime on that shift to qualified employees

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTcurrently working within that classification and jobfunction (i.e. A/C, Brakes, Engine Overhaul, Janitor,Steam Cleaner, Sign-out Clerk, etc.) by seniority.i. An exception to this practice would be to have aspecific employee return to complete a specificproject or repair, i.e. an engine or transmissionoverhaul, hybrid bus repair, body shop repair toa specific wrecked bus, etc.b. If employees within a classification and specific jobfunction (as outlined in (a) above) are not available ordecline, the supervisor will offer the overtime work tothe most senior worker in that classification availableto perform the work.c. If the supervisor contacts an employee by telephoneand the employee does not respond or call backwithin ten (10) minutes, that employee forfeits theopportunity for overtime. If there is no answeror no answering machine to leave a message, thesupervisor shall move on to the next name on thelist.3. In the event it is necessary to meet the special needs ofsnow and ice service or a similar need arises, the followingshall applya. A supervisor will call down the seniority list ofemployees on the needed shift, mechanics first,trainers/apprentices next, then helpers/cleaners/maintenance mechanics.b. In the event an employee does not answer theirphone, the next person down the list will be called.c. If there is an answering machine or a message istaken, a message will be left asking for a return call,but the next person down the list will be called next.d. After the supervisor has made one call through thelist(s) but there are still insufficient staff from withinthe needed classification(s), they will wait ten (10)minutes after the last call and call those that did notanswer or with whom they left messages.97

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT98e. If, after the second call through, and staffing needshave been met, no further calls need be made.f. In the event more staff is needed, the same processwill be used to call in employees on their RDO.Par. 3. In the event of an emergency declared by theGeneral Manager, (snow and ice, security alert, earthquake,etc.) the above will not be applicable.Section 18 — OTHER PROVISIONSPar. 1. Article III, Section 1, Par. 6 is inapplicable to LightRail Maintenance.Par. 2. Article III, Section 2, Par. 6 is inapplicable to LightRail Maintenance.Par. 3. Article III, Section 9 is inapplicable to Light RailMaintenance.Par. 4. Timekeeper / MMIS ClerkSeparate seniority classifications will be created for MMISClerk and Timekeeper. All current employees holdingseniority in these classifications will be grandfathered ontothis list.Par. 5. The order of sign up shall be revised to reflect thefollowing:Tire ServicersTimekeepersMMIS ClerksCleanersMaintenance MechanicsHelpersService WorkersPar. 6. Employees who bid MMIS Relief positions willreceive the MMIS Clerk rate of pay for all hours worked,except when working in a classification with a higher rate ofpay.a. Timekeeper pre-qualifications will remain the same (50wpm to bid, progress to 60 wpm in a reasonable time as

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTdetermined by the District and Association).b. Successful completion of MMIS training remains aprequalification for bidding MMIS positions. However, ifno qualified person bids an open MMIS Clerk or MMISRelief position, the lowest seniority qualified personnelwill be forced to fill the open position(s). MMIS Clerksand Timekeepers on the new, separate seniority list as ofthe date of this agreement are not subject to the force fillprocedures. All future MMIS Clerk job positions will havenotice that the lowest seniority qualified MMIS Clerk willbe forced to fill an open MMIS Clerk or MMIS Relief Clerkposition(s).c. TriMet will immediately post notices for twelve (12) MMISClerk training slots. When the number of these twelve (12)employees falls to four (4) due to employees accepting orbidding other positions, TriMet will immediately post andprovide MMIS training opportunities for a minimum ofeight (8) positions.d. The previous agreement regarding Rail MMIS/Timekeeperpositions dated May 13, 1999 is null and void.e. This agreement will be implemented in conjunction withthe helper sign-up that will go into effect on September19, 1999.Section 19 – TRAINING ASSISTANTSThe Bus Maintenance Department may appoint journey levelBus Mechanics as Training Assistants on a temporary basisto develop and present Body Shop training materials andinstruction. Training position opportunities will be posted,and a selection process will be used to select employees forthese temporary positions. Appointment to the position ofTraining Assistant will be for a 12-month period.a. Training Assistants will receive a $1.75/hour premiumwhile performing Training Assistant duties, except thata Training Assistant who is also an Assistant Supervisorwill receive a $1/hour premium while performing TrainingAssistant duties. Duties shall include developing andpresenting classes on their area of technical expertise forapprentices and/or other journey level mechanics.99

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTb. Training Assistant duty assignments from within aclassification will be made on the basis of seniority.Except in emergencies, at least one week’s notice willbe given for an upcoming training assignment, includingwork hours and locations that may be different than theemployee’s regular work, depending on the needs of thetraining program.Section 20 — STORESPar. 1. Stores employees may be used by the District toinstall or remove tire chains after Mechanical help has beenexhausted and under a Mechanic’s supervision.Par. 2. Filling Positionsa. It is understood and agreed that in filling vacancies that arenot filled by promotion within the Department, preferencewill be given to employees or laid off employees of theMaintenance or Facilities Maintenance Departments.Such vacancies will be posted on all bulletin boards forthree (3) days. If unable to fill the vacancy, it may be filledaccording to seniority within the District.Par. 3. Longevitya. Any Senior Partsperson, who has performed three (3) ormore years of continuous service as a Senior Partsperson,shall receive forty-five cents ($0.45) per hour over baserate of pay.b. Any Senior Partsperson, with more than eight (8) yearsexperience with the District, shall receive an additionalforty cents ($0.40) per hour over base rate of pay.c. Any Senior Partsperson with more than fifteen (15) yearsexperience with the district shall receive an additionalforty cents ($0.40) per hour over base rate of pay effectiveDecember 1, 2003.d. Any Senior Partsperson with more than twenty (20) yearsexperience with the district shall receive an additionalforty cents ($0.40) per hour over base rate of pay effectiveDecember 1, 2003.e. Any Senior Parts person with more than twenty-five100

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENT(25) years experience with the district shall receive anadditional forty cents ($0.40) per hour over base rate ofpay effective December 1, 2003.f. Any Senior Parts person with more than thirty (30) yearsexperience with the district shall receive an additionalforty cents ($0.40) per hour over base rate of pay effectiveDecember 1, 2003.g. Any Senior Parts person with more than thirty-five(35) years experience with the district shall receive anadditional forty cents ($0.40) per hour over base rate ofpay effective December 1, 2003.Par. 4 Utility Partspersona. The classification of Utility Partsperson is established toprovide greater flexibility for the District in scheduling workassignments and in balancing the allocation of manpowerbetween maintenance facilities when necessary. UtilityPartspersons may, under specific conditions, be assignedto other locations or be assigned other reporting timeand/or duties for all or part of the regular work shift.b. A maximum of two (2) employees in the Partspersonclassifications may be assigned as Utility Partspersons.c. Whenever the number of Partspersons at a givenmaintenance facility are insufficient to cover workabsences or the work in need of completion, the UtilityPartsperson may be sent to assist in completing thework.d. When a Utility Partsperson is required to report toanother maintenance facility, the Utility Partsperson willbe notified by the appropriate manager. For the purposesof reporting to or returning from the other facility, theUtility Partsperson will be provided transportation by theDistrict.e. The Utility Partsperson may be assigned to another facilityfor all or a portion of their work shift. A Utility Partspersonmay be required to report to work at a time other than hisor her regularly scheduled shift starting time or to anothermaintenance facility provided that a minimum of twentyfour(24) hours advance notice has been given. In any101

ARTICLE III — OPERATIONS DIVISION/MAINTENANCE DEPARTMENTevent, an alternate report time may not be more than four(4) hours earlier than, nor later than, the normal shift’sstarting time for the Utility Partsperson.f. The Utility Partsperson shall be entitled to the sameprevailing wage rates, health, welfare, and other benefits,and will be subject to the same general working conditionsas other employees in the Partsperson classification.Par. 5. Storeroom Personnela. Effective October 1, 1989, any storeroom personnelbidding a lower classification shall retain the storeroomseniority they are entitled to for the term of one (1)general sign-up. Should any individual stay in a lowerclassification past the term of one (1) general sign-up,their seniority shall freeze at the effective date of thatsign-up.b. Those storeroom personnel who had bid a lowerclassification before July 1, 1988, shall continue to earnstoreroom seniority as long as they occupy their currentjob.c. Employees who are forced to bid a lower classificationdue to a job-related illness or injury shall not lose anyseniority.d. Effective April 1, 1990, any storeroom personnel biddinga lower classification shall have their storeroom seniorityfrozen as of the effective date of their bid.102

ARTICLE IV — OPERATIONS DIVISION/FACILITIES MAINTENANCEARTICLE IV — OPERATIONS DIVISION/FACILITIES MAINTENANCESection 1 — GENERALPar. 1. The Facilities Maintenance Department consistsof those functions necessary to maintain and repair thebuildings and grounds of the District.Par. 2. Only those functions mutually agreed to be excludedshall be excluded. Facilities Maintenance employees retainthe right to all work not specifically excluded. The Districtwill maintain facilities, funding, staffing, and training for allfunctions necessary to maintain and repair buildings andgrounds, owned or operated, in whole or in part, by or for theDistrict. The District and Association shall meet occasionallyto add or delete items from the exclusion list by mutualconsent.Par. 3. Seniority by classifications as established hereinshall prevail in the performance of work done in Paragraph 1,qualifications considered.Par. 4. Wages and working conditions shall conform tothose prescribed for the Maintenance Department and as setforth in the Wage Schedule except as otherwise noted in thisArticle.Par. 5. Any employee of the Facilities MaintenanceDepartment who holds seniority in the MaintenanceDepartment may, during the term of this agreement or anyextension thereof, exercise that seniority one time only totransfer to the Maintenance Department.Section 2 — FILLING OF POSITIONSPar. 1. It is understood and agreed that in filling vacanciesthat are not filled by promotion within the Department,preference will be given to employees or laid off employeesof the Maintenance or Stores Department. Such vacancieswill be posted on all bulletin boards for three (3) days. Ifunable to fill the vacancy, it may be filled according to senioritywithin the District.103

ARTICLE IV — OPERATIONS DIVISION/FACILITIES MAINTENANCE104Section 3 — OTHER PROVISIONSPar. 1. Facilities Maintenance employees may be usedby the District to install and remove tire chains afterMechanical help has been exhausted and under a Mechanic’ssupervision.Par. 2.District.All necessary hand tools will be furnished by thePar. 3. The Department will be maintained at least atcurrent staffing levels.Par. 4. The District and the Association will establish anadequate training program.Par. 5. Those employees who successfully complete theabove program and who bid Plant Maintenance Mechanicsclassification will receive Journey Level rates as establishedin the Maintenance Department.Par. 6. Facilities Maintenance personnel will be providedadequate diagrams, manuals, and parts lists on facilities andsystems of the District.Par. 7. At least one (1) vacation opening will be availableeach week at the facility for Plant Maintenance Mechanicsprovided that Plant Maintenance Mechanics and otherFacilities Maintenance employees may be assigned toanother facility for any portion of the regular work shift.Any assignment of employees to another garage orfacility will be solely for the purpose of repairing buildingsystems equipment and support facilities necessary for thecontinuation of Maintenance activities.Par. 8. The District agrees that, pursuant to Paragraph 3above, during the life of this Agreement, it shall maintaineleven (11) Facilities Maintenance positions in the BusDivision and three (3) Facilities Maintenance positions inLight Rail.Par. 9. The parties agree that, for the life of this Agreement,when the District exercises its authority to subcontractcleaning, maintenance and on-site repair of shelters (notincluding transit centers and light rail structures) and

ARTICLE IV — OPERATIONS DIVISION/FACILITIES MAINTENANCElandscaping, the following employees shall have the optionof continuing in their present work or bidding on otheravailable Facilities Maintenance work:Steven White — Shelter Cleaning/Transit CenterMaintenanceRick Alldrin — Shelter Cleaning/Transit CenterMaintenanceDavid Kim — LandscaperSection 4 — JANITORSPar. 1. The District will provide training on all existing ornew equipment pertaining to an employee’s assigned jobfunction.Par. 2. All extra Janitors shall have an extra list to sign onwhen qualified for such job and shall have first choice ofextra work in any of the above listed departments and choiceof shifts and day off.Par. 3. The District retains the options to assign janitorialwork to non-bargaining unit personnel. Present Janitors andExtra Janitors as of the date of ratification shall be allowed toretain their present positions for the life of this agreement.This provision shall not apply to Maintenance Janitors.Section 5 – APPRENTICE PROGRAMSPar. 1. Any District employee who has successfully met allthe prerequisites established by the District and is selectedto enter a District apprenticeship program, shall, as acondition of entering an apprenticeship program, attend anapprenticeship program orientation of that program. Theorientation will include a meeting with a supervisor to coverjob requirements and expectations, working conditions, andan interview with a journey level worker. Any employee afterentering a program and who leaves that program for anyreason prior to attaining journey level status, shall forfeit theirright to enter another program for one year or the length oftime served in that program, whichever is lesser.105

ARTICLE V — FINANCE DIVISIONARTICLE V —FINANCE DIVISIONSection 1 — PURCHASING DEPARTMENTPar. 1. Wage and working conditions shall conform tothose prescribed for the Maintenance Department and as setforth in the Wage Schedule except as otherwise noted in thisArticle.Par. 2.Sign-ups for Buyers shall be for one (1) year.Section 2 — GENERALPar. 1. Sign-ups for Ticket Agent (Clerks) and Money RoomSupervisors, excluding relief shifts, shall be for one (1) year.Par. 2. The District will provide training on all existing ornew equipment pertaining to an employee’s assigned jobfunction.Par. 3. When a member of the Payroll section is qualifiedfor such job and has received an appointment to a regularposition in such classification, seniority shall prevail forselection of shifts (subject to a probationary period of not toexceed 90 days on such shift), vacation periods, holiday timeoff, layoff, and recall.Par. 4. Future Timekeeper appointments shall be fromamong Station Agents. Relief Timekeepers will be selectedfrom regular and/or Extra Station Agents as necessary.Par. 5. A Timekeeper or his/her relief will be on duty oravailable by telephone at least ten (10) hours per day.Par. 6. Effective September 1, 2004, the money roomsupervisor position will become an appointed position. Theincumbent employee filling that position on the effective datewill be grandfathered and will retain the position.106

ARTICLE VI — MARKETING DEPARTMENTARTICLE VI — MARKETING DEPARTMENTSection 1 — CUSTOMER SERVICEDEPARTMENT STAFFINGPar. 1. Trip PlannersThe principal functions of the Trip Planner position will includetelephone trip planning assistance and other telephonecustomer services.Par. 2 Customer Service Specialistsa. Lead Customer Service Specialists will be appointed bythe Supervisor as required. The Lead Customer ServiceSpecialists shall receive fifty cents ($.50) per hour over theemployee’s regular rate for each shift so worked.b. Employees called and reporting for special work and whowork less than two (2) hours shall nevertheless receivetwo (2) hours pay.c. All Customer Service Specialists shall receive a thirty (30)minute paid lunch period within their shift.Par. 3. Customer Service Representativesa. The principle functions of the Customer ServiceRepresentatives will be to provide intake processing ofcustomer comments, commendations and complaintspursuant to administrative processes described in TriMet’sCustomer Service Policy.b. Employees called and reporting for special work and whowork less than two (2) hours shall nevertheless receivetwo (2) hours pay.c. All Customer Service Representatives shall receive athirty-minute paid lunch period within their shift.d. Customer Service Representatives will be filled byappointment, not be seniority bid.Par. 4. Pioneer Courthouse Square Assistant SupervisorThe principle functions of this position will be to performSpecial Needs Information Coordinator duties. The positionwill be filled by appointment not by seniority bid.107

ARTICLE VI — MARKETING DEPARTMENT108Par. 5. Employees in TrainingAll customer services specialist shall receive fifty cents ($.50)per hour for training of students with the exception of theLead Operator when on duty.Par. 6. Overtimea. All working time above eight (8) hours in any twenty-four(24) hour period shall be paid for at the rate of time andone-half.b. All employees shall, insofar as conditions permit, beentitled to two (2) days off in seven; it is understood,however, that under emergency conditions extraemployees may be called for work on their assigned daysoff.Par. 7. Off Dutya. The District shall place in the Customer Services Office andthe Customer Assistance Office separate off-duty booksin which employees can register in ink or indelible pencilfor the particular day or days they wish to be off duty, andthe right to be off duty shall be governed by the list as thenames appear thereon; the name at the top of the list tobe the first one off duty for such day or days, exceptingholidays. Said names shall be placed in the book at leastone (1) day previous to the date the employee wishes tobe off duty, with the understanding that the privilege isnot be abused by anyone. No employee will be permittedto register his name in said book more than one (1) monthin advance.b. The first employees off on any day shall be those whohave that particular day as a regular day off. On all otherdays, after this class of employees has been exhausted,others may be let off according to their position in thebook.c. To determine which Customer Service Specialists, thoseon leave of absence excepted, will be off duty on holidays,the following procedure will apply:1. Customer Service Specialists who have volunteeredto work on the holiday will be assigned work in theorder in which they signed. If there are insufficient

ARTICLE VI — MARKETING DEPARTMENTvolunteers, Customer Service Specialists will beselected in order from the bottom of the senioritylist. Employees whose regular day off is the day ofthe holiday will be bypassed in selection.d. Employees marking off sick one (1) or two (2) days beforethe seven (7) national holidays must produce a doctor’scertificate showing that sickness was real at the time ofthe layoff.e. Employees laying off sick shall be required to report backnot later than 10:00 a.m. the day before returning towork. All employees on extended sick leave shall reportto the supervisor at least once every thirty (3) days and beunder the care of a registered physician at all times.f. No employee shall be permitted to work for anotheremployee by individual bargaining on holidays.g. Employees will not be required to report for work afterhaving worked twelve (12) or more hours until and unlessthey shall have had eight (8) hours off duty up to nextreporting time.Par. 8. Sign-UpsA new sign-up shall take place: 1) in case of a major schedulechange, or 2) at the request of a majority of the employees inthe Department. New shifts shall be posted five (5) workingdays before the sign-up day.Par. 9. VacationVacation may be taken one (1) day at a time, to a maximumof two (2) employees per day, with the prior approval of theDepartment Manager and his/her designee.Par. 10. Aprons/Coveralls/Uniformsa. The District will provide aprons or coveralls for employeeswhen working with schedules.b. Employees in the Customer Assistance Office andInformation Development Specialists, as well as anyemployee provided an initial uniform issue, will be eligiblefor a uniform allowance provided other uniformedemployees.109

ARTICLE VI — MARKETING DEPARTMENTPar. 11. TrainingThe District will provide training on all existing or newequipment pertaining to an employee’s assigned jobfunction.Section 2 - TRANSIT ADVERTISINGPar. 1. In the event the District contracts for or leasesthe right to or otherwise agrees with a third party for theinstallation, servicing, or removal of transit advertising onbuses of the District, such third party must recognize theAssociation as the representative of any of its employeeswho install, service, or remove such advertising from Districtbuses.110

ARTICLE VII — OPERATIONS PLANNING AND SCHEDULING DEPARTMENTARTICLE VII - OPERATIONS PLANNING ANDSCHEDULING DEPARTMENTSection 1Par. 1. Employees in this department may take vacation one(1) day at a time upon prior approval from the DepartmentManager.Par. 2. The District may schedule four (4) 10-hour day workweeks in this department. No more than twenty-five percent(25%) of the shift will be scheduled as 10-hour shifts. Tenhourshifts shall be bid for in accordance with seniority onthe same basis as bidding for other shifts. Time and one-halfwill be paid for hours worked in excess of ten (10) on any oneshift.Par. 3. The District will provide training on all existing ornew equipment pertaining to an employee’s assigned jobfunction.Par. 4. All extra Operations Planning and SchedulingDepartment employees shall have an extra list to sign onwhen qualified for any of the above stated jobs, and shallhave first choice of extra work in any of the above listeddepartments and choice of shifts and day off.Par. 5. It is agreed that the Schedule Checker position mayonly check bus/train loads and arrivals/departures of buses/trains. No present employee will be adversely affected bythe creation of this position.Par. 6. Winter coats, rain gear and sweaters will beprovided for Schedule Writers.111

ARTICLE VIII — PAY SCHEDULESARTICLE VIII - PAY SCHEDULESOPERATIONS DIVISION Effective 06-01-2004TRANSPORTATION:A. Operators and Mini-Run Operators:1st 6 months ............................................................................ 11.487th - 10th month .....................................................................13.5411th - 14th month ...................................................................14.6415th - 18th month ...................................................................15.6519th - 22nd month .................................................................16.6823rd - 26th month .................................................................. 17.7327th - 30th month ..................................................................18.7931st - 34th month ...................................................................19.8435th month - Top Operator Rate ...................................... 20.86Operators – LRV & Streetcar:1st 6 months ............................................................................ 16.182nd 6 months ........................................................................... 17.253rd 6 months ............................................................................18.374th 6 months ............................................................................19.445th 6 months ........................................................................... 20.52Top Operator Rate .................................................................. 21.60B. Student Operators, during their period of training .......8.23C. Transportation – Other:Training Supervisor/Instructor * ........................................ 26.34Road Supervisor * ................................................................. 26.34Chief Station Agent (Boardman) * .....................................27.63Station Agent (Clerk) *.......................................................... 26.34Road Operations Coordinator * .........................................27.63Dispatcher *............................................................................. 26.34LRV Supervisor ........................................................................ 26.34LRV Controller * ..................................................................... 26.34Lead Road Supervisor *........................................................27.63112

ARTICLE VIII — PAY SCHEDULESLead Dispatcher *...................................................................27.63Streetcar Superintendent * .................................................. 31.42* Salarieda. BUS MAINTENANCE:Assistant Supervisor .............................................................. 24.79Journey Level Mechanic ......................................................... 21.54Maintenance Trainer .............................................................. 24.79Apprentice Mechanics:1st 6 months ............................................................................14.882nd 6 months ...........................................................................15.753rd 6 months ............................................................................16.584th 6 months ............................................................................ 17.455th 6 months ............................................................................18.336th 6 months ............................................................................19.067th 6 months ............................................................................20.138th 6 months (Top Rate) ...................................................... 20.86Maintenance Mechanics/Steam Cleaners:1st 6 months ............................................................................ 12.122nd 6 months ...........................................................................12.953rd 6 months ............................................................................13.824th 6 months ............................................................................15.085th 6 months ............................................................................16.396th 6 months ............................................................................18.087th 6 months ............................................................................19.558th 6 months (Top Rate) ....................................................... 21.28Spotters:1st 6 months ............................................................................ 12.122nd 6 months ...........................................................................12.953rd 6 months ............................................................................13.824th 6 months ............................................................................15.085th 6 months ............................................................................16.39113

ARTICLE VIII — PAY SCHEDULES6th 6 months ............................................................................18.087th 6 months ............................................................................19.558th 6 months (Top Rate) ....................................................... 21.28Tireman:1st 6 months ............................................................................ 12.122nd 6 months ...........................................................................12.953rd 6 months ............................................................................13.824th 6 months ............................................................................15.085th 6 months ............................................................................16.396th 6 months ............................................................................18.087th 6 months ............................................................................19.558th 6 months (Top Rate) ....................................................... 21.28Helpers:1st 6 months ............................................................................ 11.892nd 6 months ........................................................................... 12.743rd 6 months ............................................................................13.544th 6 months ............................................................................14.825th 6 months ............................................................................16.086th 6 months ............................................................................ 17.737th 6 months ............................................................................19.208th 6 months (Top Rate) ...................................................... 20.86Interior Washers: ..................................................................21.28Bus Cleaners/Service Worker-Bus:1st 6 months .............................................................................11.182nd 6 months ...........................................................................12.073rd 6 months ............................................................................12.784th 6 months ............................................................................13.645th 6 months ............................................................................14.706th 6 months ............................................................................15.757th 6 months ............................................................................16.808th 6 months (Top Rate) ....................................................... 17.47114

ARTICLE VIII — PAY SCHEDULESHired before 4/1/1989 ....................................................... 20.50Clerk of Maintenance/MMIS:1st 6 months ............................................................................ 11.072nd 6 months ........................................................................... 12.313rd 6 months ............................................................................ 12.744th 6 months ............................................................................13.945th 6 months ............................................................................ 15.416th 6 months ............................................................................ 17.047th 6 months ............................................................................18.688th 6 months (Top Rate) ...................................................... 20.50Data Technician: ........................................................................... 16.83b. LIGHT RAIL MAINTENANCE:Assistant Supervisor - LRV Mechanic ............................... 24.79Assistant Supervisor - Fare Collection/Lift Maintainer 24.79Assistant Supervisor – Signals Maintainer ....................... 26.02Assistant Supervisor - Track Maintainer ........................... 26.02Assistant Supervisor - Overhead Traction ElectrificationMaintainer ..................................................................................27.26Assistant Supervisor - Traction Substation Technician .27.26LRV Apprentice Mechanics:1st 6 months ............................................................................14.882nd 6 months ...........................................................................15.753rd 6 months ............................................................................16.584th 6 months ............................................................................ 17.455th 6 months ............................................................................18.336th 6 months ............................................................................19.067th 6 months ............................................................................20.138th 6 months (Top Rate) ...................................................... 20.86Journey LRV Mechanic ..............................................................21.54115

ARTICLE VIII — PAY SCHEDULESFare Collection/Lift Maintainer Apprentices:1st 6 months ............................................................................14.882nd 6 months ...........................................................................15.753rd 6 months ............................................................................16.584th 6 months ............................................................................ 17.455th 6 months ............................................................................18.336th 6 months ............................................................................19.067th 6 months ............................................................................20.138th 6 months (Top Rate) ...................................................... 20.86Journey Fare Collection/Lift Maintainer ..............................21.54Signal Maintainer Apprentice:1st 6 months ............................................................................14.882nd 6 months ...........................................................................15.753rd 6 months ............................................................................16.584th 6 months ............................................................................ 17.455th 6 months ............................................................................18.336th 6 months ............................................................................19.067th 6 months ............................................................................20.138th 6 months (Top Rate) ...................................................... 20.86Journey Signal Maintainer ........................................................ 22.61Overhead Traction Electrification Maintainer Apprentice:1st 6 months ............................................................................14.942nd 6 months ...........................................................................15.653rd 6 months ............................................................................16.594th 6 months ............................................................................ 17.585th 6 months ............................................................................18.283rd Year ......................................................................................19.444th Year to Journey Level .................................................... 20.86Journey Power Maintainer ...................................................... 23.71Traction Substation Technician Apprentices:1st 6 months ............................................................................14.94116

ARTICLE VIII — PAY SCHEDULES2nd 6 months .......................................................................... 15.653rd 6 months ............................................................................16.594th 6 months ............................................................................ 17.585th 6 months ............................................................................18.283rd Year ......................................................................................19.444th Year to Journey Level .................................................... 20.86Journey Traction Substation Technician ............................. 23.71Journey Track Maintainer ......................................................... 22.61Communications Technician Assistant:1st 6 months ............................................................................ 21.542nd 6 months ........................................................................... 21.893rd 6 months .......................................................................... 22.264th 6 months ........................................................................... 22.605th 6 months ........................................................................... 22.996th 6 months ........................................................................... 23.327th 6 months to Journey Level ............................................23.71Journey Communications Technician ................................... 23.71Maintenance of Way Laborers:1st 6 months ............................................................................12.482nd 6 months ...........................................................................13.353rd 6 months ............................................................................14.234th 6 months ............................................................................15.565th 6 months ............................................................................ 17.096th 6 months ............................................................................18.637th 6 months ............................................................................20.158th 6 months (Top Rate) ...................................................... 21.90LRV Cleaners/MMIS Relief:1st 6 months .............................................................................11.182nd 6 months ...........................................................................12.073rd 6 months ............................................................................12.784th 6 months ............................................................................13.64117

ARTICLE VIII — PAY SCHEDULES5th 6 months ............................................................................14.706th 6 months ............................................................................15.757th 6 months ............................................................................16.808th 6 months (Top Rate) ....................................................... 17.47Vehicle Maintainer (nonrevenue) ............................................21.54Pressure Washers ........................................................................21.28Helpers:1st 6 months ............................................................................ 11.892nd 6 months ........................................................................... 12.743rd 6 months ............................................................................13.544th 6 months ............................................................................14.825th 6 months ............................................................................16.086th 6 months ............................................................................ 17.737th 6 months ............................................................................19.208th 6 months (Top Rate) ...................................................... 20.86Service Worker - Rail:1st 6 months .............................................................................11.182nd 6 months ...........................................................................12.073rd 6 months ............................................................................12.784th 6 months ............................................................................13.645th 6 months ............................................................................14.706th 6 months ............................................................................15.757th 6 months ............................................................................16.808th 6 months (Top Rate) ....................................................... 17.47Maintenance of Way Cleaners:1st 6 months ............................................................................ 11.892nd 6 months ........................................................................... 12.743rd 6 months ............................................................................13.544th 6 months ............................................................................14.825th 6 months ............................................................................16.086th 6 months ............................................................................ 17.73118

ARTICLE VIII — PAY SCHEDULES7th 6 months ............................................................................19.208th 6 months (Top Rate) ...................................................... 20.86Operations Planning and Scheduling:Schedule Assistant * ..............................................................20.11Computer Technology Specialist *.................................... 36.96Schedule Checker ....................................................................13.89Schedule Data Technician * ................................................ 26.34Schedule Production Coordinator * .................................. 21.30Schedule Writer I *................................................................. 23.82Schedule Writer II *................................................................ 26.34c. FACILITIES MAINTENANCE:Assistant Supervisor .............................................................. 24.79Transportation Lead Janitor ...................................................21.18Plant Maintenance Mechanic ............................................... 21.54Plant Maintenance Technician .............................................. 21.28Transportation Janitor ............................................................20.81Janitor .......................................................................................... 17.47Lead Landscaper ..................................................................... 21.54Apprentice Plant Mechanic .................................................. 20.86Landscaper/Maintenance Mechanic:1st 6 months ............................................................................15.922nd 6 months ............................................................................17.013rd 6 months ............................................................................18.084th 6 months ............................................................................ 19.145th 6 months ........................................................................... 20.20Top Rate ..................................................................................... 21.28Landscaper Assistant: ............................................................... 14.48FINANCE DIVISIONChief Fare Inspector ................................................................27.63119

ARTICLE VIII — PAY SCHEDULESFare Inspector *...................................................................... 26.34Moneyroom Supervisor *..................................................... 27.12Senior Payroll Clerk * .............................................................23.61Finance Clerk *........................................................................ 20.98Moneyroom Clerk *............................................................... 26.34Timekeeper *............................................................................ 27.12Senior Storekeeper *............................................................. 24.65Assistant Storekeeper *........................................................ 23.48Utilities Partsperson (after 5 years) ................................... 22.35Junior Partsperson:1st 2 years ................................................................................ 20.862nd 2 years ............................................................................... 21.275th year ...................................................................................... 21.54Senior Partsperson (After 5 years) .................................... 22.35Purchasing Clerk ......................................................................... 22.35Senior Buyers *........................................................................... 25.82Buyers .............................................................................................. 24.65MARKETING AND CUSTOMER SERVICE DIVISIONCustomer Service Call Center Supervisor * .................... 25.85Customer Service Specialist *.............................................. 21.90Customer Service Representative *...................................22.11Information Development Coordinator ........................... 25.85Information Development Specialist * ............................ 25.05Pioneer Courthouse Square Office Manager* ............... 25.85Pioneer Courthouse Square Office Assistant Supervisor*..................................................................................................... 23.96Coordinator, Crime Prevention and Data Analyst *...... 25.32120Trip Planner:1st 6 months ............................................................................ 11.97

ARTICLE VIII — PAY SCHEDULES2nd 6 months ...........................................................................12.773rd 6 months ............................................................................13.584th 6 months ............................................................................14.345th 6 months ............................................................................ 15.17Top Rate .....................................................................................15.97PLANNING DIVISIONCoordinator/Signs & Shelters ................................................23.87* SalariedUnless a specific wage progression schedule is listed in Article8, all new employees shall be subject to the following minimumprogression schedule for the job into which hired:1st 6 months 75% of top rate2nd 6 months 80% of top rate3rd 6 months 85% of top rate4th 6 months 90% of top rate5th 6 months 95% of top rate6th 6 months 100% (top rate)OPERATIONS DIVISIONWages for all classifications covered by this Agreement tobe increased beginning December 1, 2003, and every six (6)months during the term of this Agreement by the most recentsix-month Portland CPI-W figures as reported by the USDepartment of Labor. On each June 1, the increases will beso computed for the period from the previous June 1 so asto provide a minimum of three percent (3%) or a maximumof five percent (5%). The increases shall be based on themost recent six-month Portland CPI-W figures as reported bythe US Department of Labor, which for January through Juneare reported in mid-August and for July through Decemberare reported in mid-February of every year. Yearly increasesto be applied on base year salary. Longevity premiums forall employees (except maintenance journey workers, seniorparts-persons, and streetcar superintendents) shall be $0.30121

ARTICLE VIII — PAY SCHEDULESper hour after 15 years of service; an additional $0.35 perhour after 20 years of service; an additional $0.65 per hourafter 25 years of service; and additional $0.50 per hour after30 years of service; and an additional $0.50 per hour after35 years of service.122

New Jobs and ClassificationsNEW JOBS AND CLASSIFICATIONSThe District agreed on the following policy with referenceto new jobs and classifications: In the event the Districtcreates a job or classification within the bargaining unit butnot presently covered by the Labor Agreement, openingsshall first be offered to Tri-Met employees and filled by theseemployees if they can meet the qualifications of the job asestablished by the District. In the event an employee has thebasic qualifications necessary, he will be given a reasonabletraining period to learn the details of the job. In makingits selection as among qualified employees seniority in theDistrict will be considered.Reasonable rules and procedures to administer the aboveparagraph shall be worked out between the District andAssociation as necessary.The above paragraphs do not apply to existing contractlanguage or promotion practices.123

TRANSIT POLICESUPPLEMENTAL WORKING AND WAGE AGREEMENTby and betweenTri-County Metropolitan Transportation Districtof OregonandDivision 757, Amalgamated Transit UnionRelating toTransit PoliceThe Union recognizes the right of TriMet to contract outTransit Police functions as specified in the side letters datedDecember 22, 1988 and January 11, 1989.124

CONTRACTING OUTSUPPLEMENTAL WORKING AND WAGE AGREEMENTby and betweenTri-County Metropolitan Transportation District of OregonandDivision 757, Amalgamated Transit UnionRelating toContracting Out1. The Union recognizes the right of the District to subcontractitems, components and/or services during the life ofthe Working and Wage Agreement which expires onNovember 30, 1998, as specified hereto, subject tofurther review and revision by the provisions of Article III,Section 15 of the Working and Wage Agreement.2. Rail Equipment MaintenancePresent Banfield SystemRevenue Vehiclesa. Truck system equipment• Gearbox crown and pinion assembly (7/96)• Primary suspension• Slewing ring Shock absorbers• Axle• Axle flexible coupling• Crown wheel refurbish• Shim machining• Flange machiningb. Electrical distribution system equipment• Converter assembly (7/96)• Converter transformers• Converter PCBs (7/96)• Cab control PCBs (7/96)• Inverter assembly125

CONTRACTING OUT• Speedometers• Battery cells• Battery disposal/recyclingc. Propulsion system equipment• Electronic control unit PCBs (7/96)• Pre-excitation device contactor (7/96)• Traction motor (major rework)• Motor shunt reactord. Door system equipment• Door PCB (7/96)e. Coupler system equipment• Coupler assembly (4/96)f. Friction brake system equipment• HPCU servo valve (except for minor repairs)• Actuators (except for minor repairs)• Caliper specialty machining and fabricationg. Communication• Electronic horn PCB (7/96)• Communication control unit (1/97)• PA amplifier (1/97)• Passenger intercom (1/96)• 800 Mhz radioh. ATS/TWC system equipment• Train logger memory module• Train logger power supply• TWC control box• TWC transponder• ATS DC/DC converter• ATS switching unit126

CONTRACTING OUTi. Carbody/interior equipment• Seat cushions (except for R & R) (7/95)• Glass (7/95)j. Air comfort system• Overhead motor (major rework)• Cab heater motor (major rework)k. Fare/lift• Hydraulic cylinders• Platform non-skid surfacel. Vintage trolley• Motor/generator assembly (except minor motorrepair and Gearbox •assembly• Inverter control PCB• Pneumatic brake system equipment• Propulsion resistors• Wheel re-tiring• ATS/TWC system• Air compressor• Seats• Batteries3. Maintenance of Way MaintenancePresent Banfield Systema. Landscaping• Pruning, cutting, plants/shrubs/grass/weeds(contract in excess of work capacity of three (3)full-time rail landscape employees)• Hy-rail weed spray in ROW• Tank-truck watering of treesb. Track and ROW structures• Timber bridges, inspection/repair• Concrete/steel bridges inspection/repair• Timber tie renewals (major reconstruction work127

CONTRACTING OUTonly)• Track resurfacing/realignment• Rail replacement/transposition• Rail grinding• Rail welding• Rail ultrasonic testing• Rail profile testing• Paved track drain vaults cleaning• Rail support elastomer repairs• Street brick repairs• Cobblestone repairs• Grade crossing reconstruction/repairs• ROW fence installationc. MOW Equipment Systems/Plant Maintenance• Elevator inspections/repairs• Substation electrical testing• Painting of catenary poles (7/96)• Painting of substations/RJ building/crew rooms(7/96)• HVAC/electrical/plumbing systems (tasks beyond inhousecapabilities)• Overhead contact wire replacement (large programsor projects only)• Signal relays/equipment (7/96)• Electrification switchgear (7/96)• Track switch machines• Other electro/mechanical instruments (7/96)• Printed circuit boards (7/96)d. Station and Park-Ride Facilities• Painting of station structures (7/96)• Pavement resealing/restripping• Brick paver cobblestone repairs• Park-ride pavement sweeping and drain cleaning(7/97)128

CONTRACTING OUTe. Other• Emergency repairs (beyond in-house capabilities)• Environmental remediation (beyond in-housecapabilities)4. The above listed items, components and/or servicesidentified with a date, shall be performed in-house on orafter the first day of the month and year indicated, unlessthe joint committee, as provided for in Article III, Section15, Para. 4, agrees to continue subcontracting of theparticular item, component and/or service.5. It is the intent of the parties that all work performed byDistrict employees on the Banfield system will also beperformed on the Westside extension after that project isup and running, with due consideration given to warrantywork or any new generation equipment, and is subjectto review by the joint committee. Nothing in this sectionaffects the Association’s right to negotiate the wagerate for any and all new classifications established forlight rail on either the Banfield system and/or Westsideextension.129

PENSION PLAN AND PERMANENT DISABILITY130PENSION PLAN AND PERMANENT DISABILITYSection I - PENSIONAGREEMENTPar. 1. Classes of employees subject to this agreementare as follows:a. Rose City Employee — An employee of the Rose CityTransit Company on November 30, 1969 who had notqualified for retirement pay under the Working and WageAgreement in effect on that date.b. Rose City Employee Qualified — An employee of RoseCity Transit Company on November 30, 1969, who wasqualified to receive retirement pay under the Working andWage Agreement in effect on that date and who had notretired.c. Rose City Employee Retired — A person receivingretirement or disability pay from Rose City TransitCompany on November 30, 1969 pursuant to the Workingand Wage Agreements.d. Blue Lines Employee — An employee of Portland Stage,Inc., Tualatin Valley Buses, Inc., Intercity Buses, Inc., orEstacada-Molalla Stages, Inc. (Blue Lines) on September5, 1970, who became a District employee on September6, 1970.e. Employees who came directly from Vancouver-PortlandBus Company to the District who are employed by theDistrict as of April 1, 1979, are to receive past servicecredit for pension purposes.Par. 2. The qualifications for full retirement benefits are:a. Ten (10) years of continuous service with the District, RoseCity Transit Company, and Portland Traction Company, orten (10) years continuous service with the District and theBlue Lines, or ten (10) years continuous service with theDistrict and the Vancouver-Portland Bus Company; andb. Age 62. The normal retirement age under the Plan is 62.Effective December 1, 1998, the qualifications for full

PENSION PLAN AND PERMANENT DISABILITYretirement benefits shall be age 61; effective December 1,2000, the qualifications for full retirement benefits shallbe age 60; effective December 1, 2002, the qualificationsfor full retirement benefits shall be age 59; and effectiveDecember 1, 2004, the qualifications for full retirementshall be age 58.c. Retirement is at 30 years of service regardless of age,with no reduction for early retirement. This provision willautomatically expire on the last day of the agreement andmust be renewed in successive agreements.Par. 3. An employee who has met the service conditionsset forth in paragraph 2(a) above shall be deemed fully vestedin any pension benefits earned by that employee under theterms of this Agreement.Par. 4. Continuous service used in this section is definedin Article I, Sec. 12, Pars. 1 & 2 of the Working and WageAgreement.Par. 5.a. Retirement pay shall be:Date of Retirement and Retirement PayBefore 11-1-68 ...........$125.00 month11-1-68 to 6-30-71 ....... 182.00 month7-1-71 to 6-30-72 ..........191.00 month7-1-72 to 6-30-73 ........208.00 monthThese amounts shall include payments received fromboth the Rose City Transit Company’s Pension Trust andTri-Met.b. Retirement pay per month for each full year, and fractionthereof, of continuous service achieved by date ofretirement for all employees shall be paid on the basis ofthe rate in effect upon date of retirement:Date of Retirement Retirement Pay Per MonthPer Year of Service7-1-73 to 6-30-75 ........ $10.00 month7-1-75 to 3-31-76 ......... $11.00 month131

PENSION PLAN AND PERMANENT DISABILITY1324-1-76 to 3-31-78 ....... $13.00 month4-1-78 to 3-31-79 ....... $14.00 month4-1-79 to 3-31-80 ....... $15.00 month4-1-80 to 3-31-81 ....... $15.75 month4-1-81 to 3-31-82 ....... $16.50 month4-1-82 to 8-31-87 ....... $18.00 month9-1-87 to 8-31-88 ....... $19.00 month9-1-88 to 8-31-89 ....... $20.00 monthPensions for pre-February 1, 1992 retirees (receivingTri-Met medical benefits) shall be increased from theseamounts by 50% effective March 24, 1999; by 10% onNovember 30, 1999; an additional 10% on November30, 2000; an additional 10% on November 30, 2001; anadditional 10% on November 30, 2002; and an additional10% on November 30, 2003.c. Retirement pay (for existing retirees) shall be increasedby the amount of any specified general wage adjustment(whether actual or percentage) on February 1, 1992,and each February 1, thereafter, during the life of thisAgreement. The aggregate total of the wage increasesgranted during the previous year shall be the basis forsuch an annual adjustment. For the purposes of anyconversions of actual wage adjustments to percentages,the Top Operator wage rate will be utilized.d. Should an active employee with ten (10) or more yearsof service die, the District will pay to the surviving spouse,at age 62, one-half (1/2) of the pension earned by theemployee without actuarial reduction.Par. 6. Retirement pay for an employee who retires afterFebruary 1, 1992, will be on the basis of $42.00 per monthfor each full year of service. Any partial year(s) of service willbe eligible for pro-rated credit based upon a 1/12 formulafor each full month of service. An employee’s retirement payfor any years of service as a Mini-run Operator shall be basedupon the provisions of Article II, Section 2, Paragraph 6.Par. 7. The $42.00 basis for retirement pay will beadjusted based upon the percentage as calculated in Section

PENSION PLAN AND PERMANENT DISABILITYI, Paragraph 5(c), above, beginning on September 1, 1992and on each September 1, thereafter.Par. 8. Any employee who suffers a break in continuityof service and who subsequently returns to employmentwith the District shall forfeit all pension credits for servicerendered prior to the break in his/her continuity of servicewhen any one of the following conditions are met:a. The employee’s continuity of service has been broken forat least three (3) consecutive years; orb. The duration of the break in continuity of service equals orexceeds the employee’s total length of service prior to thebreak; orc. The employee previously received a lump sum distributionof his/her pension benefits as a result of the early-outprogram.If an employee has a forfeiture of service, as defined inthis paragraph, all years of service prior to the break incontinuity of service will be disregarded for all pensionpurposes.Par. 9. Early RetirementEmployees otherwise qualified for retirement pay as providedherein, may elect to retire early at age 55 or older by takinga reduced pension in accordance with an actuarial reductionas determined by the Trustees in accordance with acceptedactuarial principles.Par. 10. An employee whose employment with the Districtterminates prior to that employee’s date of retirement butwhose right to retirement benefits is protected under theterms of paragraph 2(a) above, shall be allowed to retire uponreaching the retirement ages provided for in this PensionAgreement, including full or partial retirement, providedhowever that the retirement benefits of any such individualat the time of retirement shall be computed in accordancewith the retirement levels earned by that employee as of thedate of severance of employment with the District and inaccordance with the schedules provided for in paragraphs5(a) and 5(b) above. The provisions of paragraph 5(c) shallnot apply to such employee.133

PENSION PLAN AND PERMANENT DISABILITY134Par. 11. The parties recognize and agree that, from itsinception, the retirement fund established by the WorkingAgreement is a defined benefit plan funded solely by theDistrict. The District will continue to make all contributionsto the retirement fund to fund the existing defined benefitplan established under the terms of the Working Agreement.The District also agrees to contribute such amounts asare necessary to establish an amortization period of forty(40) years or less. The District agrees that it will makesuch contributions as are necessary to maintain thefund’s amortization schedule. The District agrees that thenecessity of such funding and the amounts necessary shallbe determined in accordance with the accepted actuarialprinciples.Par. 12. It is agreed that no expenditure shall be made fromthe retirement fund other than those expenditures necessaryand proper to the payment of the benefits and the protectionand operation of the fund. Benefits shall not be paid exceptin accordance with the provisions of qualifications of benefitsand with the benefit schedules as established by the Unionand the District in collective bargaining and set forth in theWorking and Wage Agreement entered into and executed byboth parties.Par. 13. Any District employee covered by the PublicEmployees Retirement System by the requirement of statuteor by another state mandated retirement system shall notbe entitled to receive credit towards pension benefits underany provisions of this Agreement for any period of time forwhich the District is required to make contributions as to thatemployee to the Public Employees Retirement System orother state mandated retirement programs.Par. 14. The District will create a trust to be in operation byJanuary 1, 1986 with an equal number of trustees appointedby the Union and the District with not more than three (3)trustees from each body. These trustees shall serve withoutcompensation or expense reimbursement from the trust. Itshall be the authority and responsibility of the trustees tooversee the operations of the trust, including accounting,actuarial, administrative, investment and other necessaryservices by qualified professionals in those fields. Any

PENSION PLAN AND PERMANENT DISABILITYdeadlock between the trustees shall be resolved by bindingarbitration.Par. 15. Joint Survivorship AnnuityAny employee eligible to retire under the terms of thisagreement on an early or regular pension may elect to takean actuarially reduced pension to provide for a 66 2/3%joint annuity survivorship pension, applicable to the survivingspouse only. The actuarial reduction table for this is on filewith the District.Section II - PERMANENT DISABILITYPar. 1. The District shall pay disability pay to employeeswho are permanently disabled from performing theiroccupations with the District on the following conditions:a. The employee must be actually working for the Districtor be on authorized sick leave at the time the disabilityoccurs.b. The employee must not have reached retirement ageunder Social Security regulations.Par. 2.a. Employees who become disabled between April 1, 1985and April 1, 1991, shall receive monthly disability pay asfollows:After 10 years continuous service ............$377.28 monthAfter 15 years continuous service .............. 454.74 monthAfter 20 years continuous service .............528.22 monthAs of February 1, 1992, this schedule for such employeesshall increase by the percentage as calculated in Section1, Paragraph 5(c), above.b. A permanently disabled employee with ten (10) yearsconsecutive service with the District and eligible fordisability pay under the provisions of this paragraph shallupon becoming eligible for disability pay under SocialSecurity receive benefits at double the level provided forin paragraph 2(a), above. Such increased benefits shallbecome effective in the month in which the employeebegins to draw Social Security disability benefits. If the135

PENSION PLAN AND PERMANENT DISABILITYemployee ceases to be disabled under Social Security,then the employee’s benefit from the District will revert tothe regular level.Par. 3. Conditions During Disabilitya. Payments shall continue until employee is eligible toretire under Social Security regulations after which datethe District will pay retirement pay as provided in thisAgreement.b. Any employee receiving disability pay shall report to theDistrict in person or in writing at least once each six (6)months. He may also be required by the District to submitto a medical examination at any time, but not moreoften than semi-annually, prior to the date he is eligibleto retire under Social Security regulation, to determinewhether he has continued to be permanently disabledfrom performing any occupation with the District. If it isdetermined by said examination that he is no longer sodisabled, his disability pay shall cease, and he shall bereinstated in employment with full rights.c. As to any employee receiving disability, if that employeeis capable of performing available work the District shallhave the right to require that employee to perform suchduties provided that no employee of greater seniorityshall be displaced and that the work to be performedby the employee shall be in accordance with a doctor’srelease.d. Death of EmployeeShould an employee who is at least age 55, but not yet 62,and who is otherwise eligible for retirement under the termsof this Agreement, die while receiving permanent disabilitybenefits, the surviving spouse may elect to receive either:1. The survivor retirement benefits outlined in Section1, Paragraph 5(d); or2. The joint survivorship annuity provision as describedin Section I, Paragraph 15.136

Section III - DURATIONPENSION PLAN AND PERMANENT DISABILITYThis Agreement shall remain in effect from December 1,2003 through November 30, 2009, as amended, andshall continue from year to year thereafter unless eitherparty gives sixty (60) days written notice of reopening thisAgreement. It is understood that the subject pensionsand all contractual aspects thereof shall not be subject fornegotiations while this Agreement is in effect and no changein the Labor Agreement between the parties can change thepension entitlement rights or amounts, or the obligations ofthe District during the life of this Agreement.137

RETIREE BENEFITSPENSIONRETIREE BENEFITSSUMMARYRetirement pay shall be increased by the amount of anyspecified general wage adjustment (whether actual orpercentage) on each February 1, during the life of thisAgreement. The aggregate total of the wage increasesgranted during the previous year shall be the basis for suchan annual adjustment. For the purposes of any conversionof actual wage adjustments to percentages, the Top OperatorWage Rate will be utilized.HEALTH AND WELFAREMembers retired before February 1, 1992:For those retired employees who left the service of theDistrict prior to February 1, 1992, the District shall pay thefull cost of providing these retirees and their dependentswith the medical, hospital, prescription drug, opticalbenefits, and dental (retirees and spouse only), not includingorthodonture, available under the health and welfare plancurrently in place.Members retired on or after February 1, 1992:All employees who retire on or after February 1, 1992, shallreceive the same health and welfare benefits available toactive employees, not including orthodonture, nor dentalcoverage for dependents other than the employee’s spouse.All retired members (current and future):The medical coverage of the spouse and dependents of aretired employee shall continue for eleven (11) years fromthe date of death of said retiree effective December 1, 2003;twelve (12) years effective December 1, 2004; thirteen(13) years effective December 1, 2005; fourteen (14) yearseffective December 1, 2006, and fifteen (15) years effectiveDecember 1, 2007; and sixteen (16) years effective December1, 2008.138

TRANSPORTATIONRETIREE BENEFITSFree transportation on all lines of the District shall be furnishedto all retired employees and their spouses, members of theAssociation, retired under the provisions of this Agreement.LIFE INSURANCE• Upon the date of ratification of this agreement, March 24,1999, employees who have retired since July 1, 1971, willreceive $10,000 life insurance.• The District will pay 100% for the life insurance for thoseemployees retiring after July 1, 1971. The District willcontinue to pay 100% of the life insurance premium forthe hourly rated employees who retired prior to July 1,1971.139

SIDE LETTER — HEALTH AND WELFARE BENEFITSSIDE LETTERSSide LetterHealth and Welfare BenefitsBenefit Change Reimbursement – Kaiser PlanThe parties agree that TriMet will continue to reimburseemployees the difference between the 2002-2003 Kaiserplan benefit levels and the plan benefits unilaterallychanged by Kaiser effective July 1, 2003. The District willcontinue to provide the benefits and specific coverage of theKaiser plan that was in effect prior to July 1, 2003 throughreimbursement.140

SIDE LETTER — TIME LOSS NOTIFICATIONSide LetterTime Loss NotificationChange transportation department policy time lossnotification from 100 to 90 hours and 120 hours to 110hours.141

EMERGENCY OPERATIONSMemorandums of AgreementMemorandum of AgreementEmergency OperationsOnly the District’s general manager may declare an emergencyafter consulting the Association, due to extreme weatherconditions, natural disasters or extreme threats of nationalsecurity. Before making such a declaration, the Districtgeneral manager shall consider whether public schools,governmental agencies and area businesses have initiatedclosures. In the event of such an emergency, employees maybe required to perform work outside their normal duties andscheduled hours. The District and the Association shall meet,jointly develop and agree in writing on operating protocolsprior to implementing such emergency authority.142

PORTLAND STREETCAR SPECIAL PROJECTMemorandum of AgreementSupplemental Working and WageAgreementBy and betweenTri-County Metropolitan Transportation District of Oregonand Division 757, Amalgamated Transit UnionRelated toPortland Streetcar Special Project1. The Association and District agree that the City ofPortland’s intention to introduce streetcar service maybenefit existing public transportation and simultaneouslyincrease employment opportunities for Associationmembers. It is expected that Streetcar service will be inaddition to, and will not replace, existing TriMet service.Further, the City of Portland, which will operate this servicedirectly or through its designee, has expressed to both theAssociation and District its willingness to provide streetcarwork opportunities for District employees represented bythe Association. This agreement is limited to the specialstreetcar service project to be operated by the City ofPortland or its designee, which are referred to below as“the City,” to signify whichever entity is engaged in suchoperation.2. Streetcar Department: The Association and District agreethat District may establish a Streetcar Department inwhich District employees represented by Association maywork in accordance with this agreement.a. District will be the exclusive employer of the StreetcarDepartment operators, maintenance technicians,and superintendents referred to below. The City willnot be deemed for any purpose to be the employerof individuals in those positions.3. Selection of Streetcar Department Operators: Whenthe City notifies the District of the number of availableopenings for operators, District will offer such positionsin its Streetcar Department to its bargaining unit light rail143

PORTLAND STREETCAR SPECIAL PROJECT144operators. In filling these openings from among light railoperator bidders, selection will be by light rail operatorseniority. If operator positions remain unfilled, light railoperators will be required to fill the positions in reverseorder of their light rail operator seniority. The employeesselected will become part of the Streetcar Departmentand subsequently eligible for work assignment by theStreetcar Department Managers.a. The qualifications for Streetcar Department operatorsinclude but are not limited to maintaining a currentcommercial drivers license.4. Selection of Streetcar Department MaintenanceTechnicians: When the City notifies District of the numberof available openings for maintenance technicians, theDistrict will offer such positions in its Streetcar Departmentto its bargaining unit LRV Journey Level mechanics. Infilling these openings from among LRV Journey Levelmechanic bidders, selection will be by LRV Journey Levelmechanic seniority. If maintenance technician positionsremain unfilled, LRV Journey Level mechanics will berequired to fill the positions in reverse order of theirLRV Journey Level mechanic seniority. The employeesselected will become part of the Streetcar Departmentand subsequently eligible for work assignment by theStreetcar Department managers.5. Selection of Superintendents: A superintendent willperform the duties set forth in the attached superintendentjob description. When the City notifies the District ofthe number of available openings for superintendents,the District will offer such positions in its StreetcarDepartment to its light rail employees who apply andmeet the job qualifications. The individuals selected forthese openings will be determined by the District fromamong qualified applicants, using a selection processof the type used by District for selection of assistantsupervisors, rail maintenance. If the number of applicantsselected as Streetcar Department superintendents isless than the number requested by the City, the Districtwill undertake to obtain bargaining unit applicants fromoutside light rail; and, after that, outside applicants for

PORTLAND STREETCAR SPECIAL PROJECTthese openings. The employees selected will becomepart of the Streetcar Department and subsequentlyeligible for work assignment by the Streetcar Departmentmanager. It is understood that superintendents will notbe scheduled for all shifts, and superintendent dutiesmay be performed by managers in emergencies, whenno superintendent is scheduled and on duty for a shift,or when no superintendent is immediately available toperform such duties.6. During Streetcar Department training and subsequentassignment in the Streetcar Department, StreetcarDepartment operators, maintenance technicians, andsuperintendents will be covered by the terms of thecurrent TriMet / ATU 757 Working and Wage Agreement(“WWA”), and its successor agreements, unless expresslymodified or replaced for the Streetcar Department by thisagreement. The WWA modifications and replacementsfor the Streetcar Department are contained in AppendixA to this agreement and shall take precedence, in case ofconflict, over the comparable terms in the WWA then ineffect.7. Work Assignments: Upon completion of StreetcarDepartment training, employees will be assigned to13-week schedules of Streetcar Department work inaccordance with their sign ups. The work to be performedby Streetcar Department employees will be as set forth injob descriptions developed by the City and shared withthe District and Association. When District employees arein Streetcar Department training or assigned for StreetcarDepartment work, they may be supervised and subjectto directions by the City-designated general manager,managers, administrative coordinator, or their designees.These individuals will be statutory and not in any collectivebargaining unit.a. The City may schedule five (5) 8-hour day workweeksand/or four (4) 10-hour day workweeks.b. District seniority shall prevail among StreetcarDepartment employees for selection of open shifts,vacations, holiday time, layoffs, and recalls within145

PORTLAND STREETCAR SPECIAL PROJECT146their respective positions.8. Seniority: Streetcar Department employees in thepositions of operator, maintenance technician, andsuperintendent will concurrently earn District seniority,Streetcar Department seniority, and seniority in the jobclassification, if any, from which they were transferredto the Streetcar Department. These employees are notstatutory supervisors and will not be expected to makefinal decisions in hiring, firing, or employee discipline.9. Overtime: Time and one-half will be paid for hoursworked in excess of 10 hours on any one 10-hour shift, orin excess of 8 hours on any one 8-hour shift.10. Extra Board: The District extra board will not be used forStreetcar Department work.11. Back-up Operator Duties: The following procedure, in thesequence indicated, will be used for performing duties ofa regularly scheduled operator who is not available toperform such duties as scheduled during a shift:a. Regularly scheduled relief operators who are nototherwise assigned to operator duties will beassigned to perform operator duties as needed.b. The superintendents may be required to performthe duties of operators when a sufficient number ofregularly scheduled operators and relief operators isnot immediately available to perform such work.c. The Streetcar Department managers may performthe duties of operators when a sufficient number ofregularly scheduled operators and relief operators isnot immediately available to perform such work. Theparties desire to limit performance of operator dutiesby the managers as much as possible. District willkeep records of the amount of such work and, uponthe Association’s request, share such records withthe Association.12. Transfer from Streetcar Department: StreetcarDepartment employees in the positions of operator,maintenance technician, and superintendent, may leavethe Streetcar Department and move to other bargaining

PORTLAND STREETCAR SPECIAL PROJECTunit employment in accordance with District’s change ofjob provisions. However, once such an employee beginsStreetcar Department training, he/she may not electto leave the Streetcar Department and move to otherbargaining unit employment earlier than one (1) yearfrom the date of beginning Streetcar Department training,except as agreed to otherwise by the District and theAssociation.13. Grievances: Streetcar Department grievances will besubject to adjustment through the WWA’s grievance andarbitration procedure, except that department directorreferences in section 3, paragraph 2, and in Step 1 will bedeemed to mean the City-designated general manager.No grievance adjustment by the City-designated generalmanager under this paragraph shall be deemed to establishpractice or any precedent for non-Streetcar Departmentoperations. Grievance adjustments upholding a StreetcarDepartment employee’s termination of employment willapply to District employment as a whole.14. Other Services: The City may contract with the Districtand/or contractors other than the District for any workthat it does not assign to District Streetcar Departmentemployees, provided however, that the District shallundertake to reach agreement with the City to provideStreetcar maintenance-of-way (MOW) services, asspecified in subparagraph (a). In addition, representativesof the manufacturer of streetcar equipment may performinstallation, maintenance, and testing on such equipmentunder warranty.a. The Streetcar MOW services referred to above arefor overhead electrification, traction substations,rail signals, and powered track switches. TheDistrict shall offer these services to the City, bothregularly scheduled as well as unscheduled. It isagreed, however, that when the District is unable totimely furnish such services due to work schedulingconstraints, hours-of-service limitations, unavailabilityof sufficient qualified personnel, or needs to reservesufficient personnel to respond to potential Districtemergencies, the District shall promptly notify the147

PORTLAND STREETCAR SPECIAL PROJECTCity, with a copy to the Association, in which case theDistrict and the Association do not object to the City’suse of other resources to perform that particularwork.i. Until one (1) year after the commencementof scheduled streetcar revenue service, theAssociation will also not grieve, protest, orotherwise object to the District’s reasons fornot furnishing such services. However, at theend of this period, the District will meet withthe Association, upon request, to review suchreasons and to determine whether or not thereare mutually agreeable means to avoid similarinability to timely furnish such services in thefuture. Further, the District and the Associationwill negotiate in good faith a process by whichsuch contracting out decisions may be grievedor protested and against whom the protest orgrievance might be filed.b. Nothing in this agreement prevents the City fromperforming Streetcar work with its own employees,including but not limited to the services referred toin subparagraph (a) above. However, the Districtmay not assign the regular work of StreetcarDepartment operators, maintenance technicians, orsuperintendents to the City, except for cleaning ofvehicles, and as otherwise expressly provided for inthis agreement.148

APPENDIX AAPPENDIX AThe following provisions of the current TriMet/ATU 757Working and Wage Agreement (“WWA”) are either modifiedor replaced for the Streetcar Department, as indicated below.These modifications and replacements shall take precedence,in case of difference, over the comparable terms in the WWAthen in effect.1. “Department Manager” references will be changed to “theCity-designated General Manager” in Article 1, Section 4,Paragraph 3; and sections 9.4e and 9.6c.2. The “Department Director” reference in Article 1, Section4, Paragraph 6, will be changed to “the City-designatedGeneral Manager.”3. In Article 1, Section 4, Paragraph 4, the references to“District” will include “the City.”4. The following provisions will be inapplicable to theStreetcar Department. Article 1, Section 7.3i and 19.9;Article 2, Section 1, Paragraphs 1, 2g, 2h, 3, 5b, 5e, 6f,9f, 9g, 9h, 10, 11, and 12; Sections 2-8; and Section 9,Paragraphs 4, 8, 9, and 10; Article 3, Section 1, Paragraphs5-7 and 9; Article 3, Section 2; Article 3, Section 3,Paragraph 1c; Article 3, Section 4, Paragraphs 1b and 1c;Article 3, Sections 7-11 and 14-16; and Articles 4 through7.5. During the fist year after an employee begins StreetcarDepartment training, Article 1, Section 12, Paragraph 2b(7), will be inapplicable to the employee.6. District’s probationary employees under Article 1, Section19, Paragraph 3 will not be eligible to apply for StreetcarDepartment openings.7. Including with respect to Article 2, Section 1, Paragraph 8,the laying off and reemployment of Streetcar Departmentemployees will be handled separately from other Districtdepartments, and District seniority shall govern in StreetcarDepartment laying off and reemployment of employees.8. Superintendents will be paid a flat rate of $28.25 perhour, subject to future CPI increases under the WWA, butno longevity pay.149

APPENDIX A9. Instead of Article 2, Section 8, the Streetcar Departmentwill furnish required uniforms and will reimburse StreetcarDepartment employees up to the amounts provided for inArticle 2, Section 8, Paragraph 2.10. All Streetcar Department employees will report to work atStreetcar’s maintenance facility.11. No more than two (2) operators, one (1) maintenancetechnician, and one (1) superintendent will be authorizedto take vacation on the same date(s), except that theStreetcar Department will honor vacation times signed upfor prior to transferring to the Streetcar Department. Thisnumber of employees in a classification may be increasedby mutual agreement of the parties if the number ofemployees in the classification increases.150

INDEXAAccident Insurance ..............................................................................21Accident Reports ............................................................................... 39Affirmative Action ................................................................................ 5Allowances ............................................................ 37-38, 66, 68, 78, 94Alternative Transportation Service ...................................................... 62Aprons .............................................................................................109Arbitration ................................................................................... 3, 5-7Association ......................................................................................1, 3Affirmative Action ......................................................................... 5Bargaining Unit ............................................................................. 3Compliance with Law .................................................................... 5Dues ............................................................................................ 3Membership ................................................................................. 3Recognition .................................................................................. 3Representative’s Rights ................................................................. 4Automobile Reimbursement ............................................................... 32BBargaining Unit (see Association) .......................................................1, 3Birthday Pay .......................................................................................16Break-In Pay ........................................................................... 37, 62, 68INDEXCChains .......................................................................... 60, 70, 100, 104Charters ....................................................................................... 37, 53Chief Station Agent ............................................................................ 57Claims ................................................................................ 4, 20, 33, 39Clerks ...................................................................................57, 97, 106Commercial Driver’s License .................................................. 44, 79, 144Compliance With Law ........................................................................... 5Continuous Service Definition ........................................................ 25-27Contracting Out .............................................................83, 87, 125, 147Coveralls ..........................................................................................109Customer Services ......................................................................45, 107DDead Head Time .................................................................................51Death & Felonious Assault ............................................................24, 44Decals ............................................................................................... 33Discipline ......................................................................................... 7, 9Dispatchers ..................................................................................59, 62Doctor’s Certificate ..................................................24, 29, 42, 109, 136151

INDEX152EEmergencies ................ 2, 41, 48, 52, 59*, 87, 89, 97, 108, 129, 142, 147Expedited Arbitration ........................................................................ 7, 8Extended Sickness ........................................................... 21, 31, 54, 109Extra Board Rules ......................................................................... 46-52Extra Employees ...............................................................................107Extra Lists ...............................................39, 41-43, 52, 58, 62, 105, 111Extra Service Buses ......................................................................46, 52FFacilities Maintenance Department ............................44, 72, 78, 100, 103Fare Inspectors ..................................................................................61Filling of Positions ............................................... 71, 90-91, 99-100, 123Finance Department ..........................................................................106Floating Holidays ...............................................................16, 58, 71, 75Free Transportation .............................................................. 30, 54, 139Funeral Leave .................................................................................... 24GGrievances ................................................... 5-9, 31, 52, 64, 81, 89, 147Grievance Committee ........................................................................2, 7HHealth and Welfare Benefits ...........................................................17-25Accident Insurance .......................................................................21Benefits Coordinator ....................................................................19Convalescence ...................................................................... 17, 55Death & Felonious Assault Insurance .......................................24, 44Dental .......................................................................17-18, 55, 139Employee Assistance Program ..................................................... 20Extended Sickness .................................................... 21, 31, 54, 109Funeral Leave ............................................................................. 24Group Life Insurance .............................................................. 21, 55Hospital ................................................................... 17, 31, 55, 109Immediate Family Care ................................................................ 24Life Insurance ........................................................................ 21, 55Maternity/Paternity Leave ............................................................21Medical ............................................................... 17-19, 31, 55, 138Optical ...........................................................................17, 55, 138Prescription ..............................................................17, 45, 55, 138Sick Pay ............................ 13, 21-24, 31, 37, 42, 49, 54, 75, 96, 109Workers’ Compensation .........................................................24, 31Holidays .................................................15-17, 22, 31, 36, 41, 49, 51, 5671, 75-77, 95, 106, 109, 145IImmediate Family Care ....................................................................... 24Instructors ................................................................................... 58-59

JJanitors ...................................................................................... 97, 105Joint Labor Relations Committee .......................................................... 2Jury Service Pay .................................................................22, 28-29, 75LLayoff .......................................... 13, 16, 26-27, 43-44, 77-78, 106, 145Layover (Recovery Time) .................................................................... 45Lead Customer Service Specialist .......................................................107Leave of Absence .....................................4, 7, 21, 25-27, 32, 42, 75, 108Life Insurance ............................................................................... 21, 55Light Duty/Modified Return to Work .............................................. 27, 29Light Rail ................................................................................ 55, 64-68Apprenticeship Training Program .............. 72, 80-82, 86, 90-94, 105Assistant Supervisor ................................ 73-74, 79, 94-95, 99, 107Maintenance Vehicle Mechanics’ Training ...................................... 86Safety Inspections ....................................................................... 87Vehicle Mechanic Seniority .................................. 72-73, 86, 144-146Lockout, Provision Against ..................................................................10Lost and Found ................................................................................. 32Lunch Break ......................................................................... 60, 80, 107MMaintenance Department .............................................................69-102Maintenance Department Assistance Fund .......................................... 83Maintenance Trainers ......................................................................... 73Marketing Department ......................................................................107Maternity/Paternity Leave ...................................................................21Mechanic Training Program ..................................................... 79, 80-82Medical Conflict, Procedures .............................................................. 32Medical Qualifications ........................................................................ 32Membership (see Association) ..........................................................1, 3Memorandum of Agreement ...................................................... 142, 143Military Leave ......................................................................... 13, 22, 75Mini-Runs, Mini-Run Operators ......................... 14, 19, 28, 53-57, 62-63Modified Return to Work/Light Duty .............................................. 27, 29Money Room ...................................................................................106NNight Shift Differential ........................................................58-61, 79-80OOff Duty ............................................................. 16, 36, 40-42, 108-109Operations Planning and Scheduling Department ................................ 111Overalls ...........................................................................................109Overtime .................... 11, 16, 40-41, 47, 58, 60, 62, 69, 93, 95, 108, 146Owl Service ..................................................................................36, 48INDEX153

INDEX154PPart-Time Operators (see Mini-Runs) ................ 14-25, 28, 36, 50, 53-57Payroll .............................................................................................106Pay Schedules ............................................................................112-121Pension Plan and Permanent Disability Agreement ....................... 130-137Duration ....................................................................................137Early Retirement ........................................................................133Joint Survivorship Annuity ..........................................................135Pension .............................................................................. 130-133Permanent Disability ........................................................... 135-136Physical Examinations ........................................................................ 32Permanent Disability ........................................... 22-23, 25, 54, 135-136Personal Leave .......................................................................36, 73, 95Personal Transportation .................................................................... 50Preamble ............................................................................................ 1Preparatory Time ............................................................................... 37Probationary Employee ..................................5, 22, 31, 55, 61, 106, 149Progression Schedule ..................................................................31, 121RRecognition (see Association) .............................................................. 3Recovery Time/Layover ..................................................................... 45Recreation Trust Fund ........................................................................ 32Reset Button ................................................................................60, 66Restrooms, Provisions for ................................................................. 45Retiree Benefit Summary ........................................................... 138-139Retirement (see also Pension) ........................................ 25, 55, 130-137Road Operations .......................................................................... 59-61Road Reliefs ........................................................................... 38, 47-48Road Supervisors ....................................................................41, 60-62Robbery ....................................................................................... 44-45Rose Festival ..................................................................................... 43Rules, District ...................................................................................... 9Runs, Scheduling of ...................................................................... 35-36SSafety .............................................................................. 28, 66, 87, 90Schedule Checker ............................................................................. 111Seniority Provisions ................................................ 25-27, 42-43, 64-65Sick Leave .................13-15, 21-24, 31, 42, 49, 54, 75, 95, 102, 109, 135Side Letters ........................................................................124, 140-141Sign-Ups ........................ 12, 14, 16, 36, 42-43, 47, 50-52, 57-62, 65-66,72-75, 105, 109, 145, 150Six-Month Meeting .............................................................................. 2Special Assignment ......................................................... 37, 43, 53, 107Special Work ........................................................................ 37, 53, 107Spread Time .................................................................................22, 53Station Agents ..................................... 39, 41, 43, 47-51, 57-58, 62, 106

Stenographers ................................................................................... 70Stolen Property .......................................................................10, 44-45Storeroom Personnel .......................................................................102Stores Department .................................................. 44, 72, 78, 100-102Strikes, Provisions Against ..................................................................10Students ...............................................................................31, 37, 108Subcontracting Cleaning/Maintenance and Repairs ..........87-90, 104-104,125-129Supplemental Agreements ................................... 124, 125-129, 143-148TTen-Hour Shifts ..........................57, 59-61, 74-75, 77, 106, 111, 145-146Term of Agreement .............................................................................. 2Ticket Agents ....................................................................................106Timekeepers ..............................................................................98, 106Tire Service .................................................................................. 82-83Tool Allowance .............................................................................79, 94Tools, Use of ..............................................................................60, 104Traffic Laws ....................................................................................... 44Training Allowance ........................................................... 37, 80-82, 108Training ...............................55-56, 58, 60-62, 64, 67, 73, 75, 80-82, 86,90-94, 97, 104-105, 108, 110, 145Transit Advertising ............................................................................ 110Transit Police ....................................................................................124Transportation Department ........................................................... 35-68Travel Time .......................................................................39-40, 59, 65Trip Planner .....................................................................................107UUniforms ........................................................... 45, 63-64, 66, 109, 149Union (see Association) .................................................................... 1-2Utility Helpers ............................................................................... 85-86Utility Partsperson ..................................................................... 101-102VVacation ........................... 5, 11-15, 22, 24, 31, 36, 42, 45, 51, 54, 56-61,70-72, 75-77, 95, 104, 109, 145, 150Vehicles, Operation of ....................................................................... 44WWage Progression Schedule .........................................................31, 121Wages (see Pay Schedules) .........................................................112-121Warranty Work .....................................................70, 83-85, 87-90, 147Watches, Reimbursement for ............................................................. 45Windshield Washers .......................................................................... 45Work Boots ............................................................................63, 66, 79Workers’ Compensation ................................................................24, 31INDEX155

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