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SR-03-28-1978-6E0 W Santa Monica, California, March 16, 1978 MAR 2 8 1978 TO: Mayor and City Council 5 FROM: City Staff SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND TRANSPORTATION DEPARTMENT EMPLOYEES' REPRESENTATIVE ORGANIZATIONS UNDER PARAGRAPH 13(C') OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED Introduction In order to receive federal transit operating assistance, the City is required to meet the requirements of Paragraph 13(c) of the Urban Mass Transportation Act of 1964, as amended. The American Public Transit Association(APTA) and major transit employee organizations have developed a standard agreement to satisfy the regulation. This report requests that the City authorize the Municipal Bus Lines to become a party to that "model" agreement. Background Currently, the Urban Mass Transportation Administration(UMTA) is reviewing two applications for operating assistance submitted by the City. One application requests operating assistance for the 1976 -1977 fiscal year. Based upon year end audited figures, it is estimated that the application will result in an assistance grant of approximately $695,000. Under the second application, up to $880,211 will be made available for Municipal Bus Lines operating assistance. Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, specifies that as a condition of any financial assistance, fair and equitable arrangements must be made, as determined by the Secretary of Labor, to protect employees against a worsening of their position within the Municipal Bus Lines as a result of federal funding. The City '® MAR 2 8 1978 To: Mayor and City Council Page 2 organizations which currently represent Transportation Department employees are the United Transportation Union(UTU), the Public Employees Union (Teamsters) and the Municipal Employees Association(MEA). Model Agreement In an attempt to avoid the long delays and complex negotiation which had been a part of previous capital 13(c) agreements, the American Public Transit Association(APTA) and representatives of various major employee groups worked out a national 13(c) agreement to simplify the formerly cumbersome process and provide an even level of employee protection in any case in which federal assistance was used to worsen the position of an employee. This model agreement, a copy of which is attached, was originally effective until September 30, 1977, but has been extended to cover agreements through September 30, 1978. The attached letter from the Department of Labor, dated October 12, 1977, lists California transit systems which have signed the model agreement. The City of Long Beach, which entered into the model agreement on June 22, 1976, was inadvertently left off the list. Protection Afforded The agreement contains protections the City has previously allowed employees under federal capital grant projects, along with certain modifications designed to cover operating practices. Basically, the agreement specifies certain levels of compensation for up to six years for employees who are displaced as a result of federal assistance.- As the funds will be used to support existing service, no layoffs;.demotions or dismissals are anticipated.as a result of the.assistance. To: Mayor and City Council Page 3 In depth discussions with the Department of Labor(DOL) clarified several points. Any changes or modifications to the model agreement must be justified on the basis of special circumstances, for which modified terms must be negotiated between the City and the employee organizations, or if at an impasse, through the Secretary of Labor, before the Secretary of Labor will approve the agreement. According to the Department of Labor, the model agreement has served as the basis of certification in nearly 80% of all operating assistance grants processed to date. DOL informs us that the remaining 20% are primarily systems not represented by formal transit unions. Resolution Needed To become a party to the agreement, the City must pass a resolution authorizing the City Manager to submit a letter to the Department of Labor stating that the Santa Monica Municipal Bus Lines agrees to become party to the model agreement. Alternatives 1. The City Council could reject the resolution. This would mean that the City would lose the benefit of approximately $1,575,200 in federal funds for the 1977 and 1978 fiscal years, as well as the opportunity to obtain federal operating funds in future years. The Department would have to look at alternative methods to cover the revenue gap in both fiscal 1977 and 1978, and also in the years ahead. 2. The City Council could direct staff to seek certain changes to the agreement. Discussions with the Department of Labor and past efforts by Santa Monica and other properties indicate that it is highly unlikely that employee organizations or the Department of Labor, which has final approval, would agree to less protection than that provided under the model agreement. 3. The City Council could authorize the Santa Monica Municipal Bus Lines To: Mayor and City Council Page 4 to become party to the model agreement by approving the attached resolution authorizing the City Manager to submit such a letter to the U.S. Department of Labor. This action would allow the Transportation Department to receive federal operating assistance for the 1977 and 1978 fiscal years. It is expected that neither project will result in layoffs, demotions or dismissals, as both will be used to support existing service. Recommendation City Staff recommends that the City Council authorize the City Manager to submit a letter to the Department of Labor indicating that the Santa Monica Municipal Bus Lines will become party to the model agreement by approving the attached resolution. Prepared by: Jack Hutchison Bob Ayer RESOLUTION NO. 4995 CCS (CITY 'COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE SANTA MONICA MUNI- CIPAL BUS LINES TO BECOME PARTY TO THE MODEL 13(C) AGREEMENT WHEREAS, the Urban Mass Transportation Act of 1964, Public Law 88 -365, as amended, requires the preparation of a written memorandum of understanding between the administration and recognized employee organizations; and WHEREAS, aimodel agreement, applicable to operating assistance, has been negotiated between the American Public Transit Association and representative employee organizations, and has been found by the Secretary of Labor to be an acceptable level of employee protection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby authorize the- City Manager to submit a letter to the U.S. Department of Labor stating that the Santa Monica Municipal Bus Lines will become a party to the model agreement. SECTION 2. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect, ADOPTED and APPROVED this 28th day of March 1978. 1 Mayor ATT T: C'- y Clerk ADOPTED AND APPROVED THIS 28th DAY OF March 1978 ��� l Cep �LL✓� -fG MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA.MONICA AT A REGULAR MEETING THEREOF HELD ON THE_ 28th DAY OF March ,1978 , BY THE FOLLOWING VOTE OF THE COUNCIL: AYES: COUNCILMEMBERS: Bambrick, Cohen, Reed, Scott, Trives, van den Steenhoven, Mayor Swink NOES: COUNCILMEMBERS; None ABSENT: COUNCILMEMBERS: None ATTEST: TY LERK AGREENEt, -r PURSUANT TO SG:T10:: 13(c) OF VIE UMN14 HAS5 TR4NSPORTATICR ACT OF 1964, Al; AJIMMEO. WFxnsm, the Congress recognized in the National Mass Tran- sportation Assistance Act of 1974 that the urban mass transportation industry required operating assistance to maintain service to the public, stimulate ridership and assist communities in reeting their overall development aims; and WHEREAS, Sections 3(e) (4). 5(n) (1) and 13(c) of the Act require, as a condition of any such assistance, that suitable fair and equitable arrangements be made to protect urban mass transpor- tation industry employees affected by such assistance; and WHEREAS, the fundamental purpose and scope of this agree- ment is to establish such fair and equitable employee protective arrangements on a national and uniform basis for application through- out the urban mass transportation industry to those employees and em- ployees represented by the labor organizations signatory hereto; and WHEREAS, the undersigned American Public Transit Associa- tion and the national labor organizations signatory hereto have agreed upon the following arrangements as fair and equitable for ap- plication to any urban mass transportation employer ( "Recipient ") who is a signatory hereto and who has been designated to receive fed- eral operating assistance under the Urban Mass Transportation Act of 1964, as amended ( "Act "); NOW, THEREFORE, it is agreed that the following terms and conditions shall apply and shall be specified in any contract gov- erning such federal assistance to the Recipient: (1) The term "Project ", as used in this agreement, shall not be limited to-the particular facility, service, or operation assisted by federal funds, but shall include any changes, whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project" shall, when used in this agreement, include events occur- ring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in vol- ume and character of employment brought about by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not within the purview of this agreement. (2) The Project, as defined in paragraph (11 shall be per- formed and carried out in full compliance with the protective con- ditions described herein. (3) All rights, privileges, and benefits (including pen- sion rights and benefits) of employees covered by this agreement (including employees having already retired) under existing collec- tive bargaining agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued; provided, how- ever, that such rights, privileges and benefits which are not fore- ' closed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by the Recipient and the union involved to substitute other rights, privileges and benefits. Unless otherwise provided, nothing in this agreement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its business as it deems best, in accordance with the applicable coilective bargaining agree- ment. (4) The collocti.vo i'1C9 =inht9toiatrb•i.traLv inhur�disPutus` by this agreemant, including and to maintain union eecur policies and /orfexittingneollectivo Lar- vided by applicable laws, p - gaining agreem^nts, shall be preserved and continued. Provided, however, that this provision 11;011 not be interpreted so as to st by require the Recipient to retain any.ghtswhich exiseement after virtue of a collective bargaining agreement is no longer in effect, ipient agrees that it will bargain collectively The Rec with the union or otheerwiset itawill£entereinto agreement withlthe lective bargaining, relative union or arrange for such agreements to be ente subjects into, relative to all subjects which are or may applicable law or contracts permit bargaining. If, at any time, pP ht to util- os grant to em covered by this agreement the rig ize any economic measures, net in this agreement shall be deemed to foreclose the exercise of such right. (5)(a) In the event the m contempl resultaino any In the organization or operation of its sy • the dismissal or displacement of employees, or rearrangement the working forces covered by this agreement, as a result of the Project, the Recipient shall do so only in accordance with Provided, however, that provisions of subparagraph (b) hereof. not a result of the Project, but which grow out changes which are iority rights occasioned by app al of the normal exercise of sen or other nplicabledcollectivesbargainingaagreem agreement, not be and under the app considered within the purview of this paragraph. (b) The Recipient shall give to the unions days' Written the employees affected thereby, at least sixty ( ) Y notice laceach proposed changeeeshorhrearrangem,.ent ofh the iworking my result in or lisp sending certified mail forces as a result of the Project, by g notice notice to the union representaestatement of employees. h theprop proposed changes, shall contain a full and adequate including an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs in the Recipient's employment available to be filled by such affected employees. At the request of either the Recipient or the represent- atives of the affected employees, negotiations for the p P reaching agreement with respect to application of the terms and These conditions of this agreement shall commence i ediately. mm negotiations shall urbantmass etransportationcem- from among to esteb- ployers who may be affected as a result of the Project, the lish which such employees shall be fferedeanobe trainedthnot, as Recipient for which they bargaining agreements however, in contravention. of collective relating thereto. If no agreement is reached within tto ( thedis- days from the commencement of negotiations. any party • As an addendum to this agreement. there shall be attached licable the arbitration or other dispute settlement proced- where app existing collective barnaan- ures or arrangements p rovided for in the inn agreements or anexisting subect toanychangessini suchtagreementseasp j may cent and the Union. rbitra roceedings. be agreed upon or determined by interest ation p - 2 - puU::•::y :Al" tit it to arbit:atton in aeco:::l:.ucc wrL1, thu l,roco- durc:. conL:,iuWJ in (11:) horoot, ln'+,ny :%Wh arhitration, final duci.::ion :rust h. rcachod :+il.hin si;:ty (60) days after• ::cicc- tion or nppoinl:v�mnt of the n.utral arbitr.+tor. In any such arbi- tration, the tcr:aa of this agreomr.nt are to be interpreted and nppli.cd in favor of providing cnmloycu nroLections and benefits no less than those established pursuant to SS(2) (f) of the Intea,- state Comm ^rce Act. (6) (a) 10henevcr an employee,'retain.a in service, ra- called to service, or employed by the Recipient pursuant to para- graphs (5) , (7)(e), or (10) hereof is placed an a worse position with respect to compensation as a result of the project, he shall be considered a "displaced employee ", and shall be paid a monthly °displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid each dis- placed employee during the protective period folloeing the date on which he is-first "displaced ", and shall continue during the pro- tective period so long as the employee is unable, in the exercise of his seniority rights, to obtain a position producing compensa- tion equal to or exceeding the compensation he received in the position from which he was displaced, adjusted to reflect subsequcn: general wage adjustments, including cost of living adjustments where provided for. (b) The displacement allowance shall be a monthly allow- ance determined by computing the total co- .pensation received by the employee, including vacation allo•.+ances and monthly compensation guarantees, and his total time paid for during the last twelve (12) months in which he performed compensated service more than fifty per certum of each such months, based upon his normal work schedule, immediately preceding the date of his displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced employee's compensation in his current pos- ition is less in any month during his protective period than the aforesaid average compensation (adjusted to reflect subsequent gen- eral wage adjustments, including cost of living adjustments where provided for), he shall be paid the difference, less compensation for any time lost an account of voluntary absences to the extent that he is not available for service equivalent to his average monthly time, but he shall be compensated in addition thereto at 'the rate of the current position for any tine worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his seniority rights to secure another position to which he is entitled under the then existing collective Bargain- ing agreement, and which carries a wage rate and compensation exceeding that of the position which he elects to retain, he shall thereafter be treated, for the purposes of this paragraph, as occupying the position he elects to decline., (c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his employ- ment. (7) (a) Whenever any employee is laid off or otherwise A , �] icablt, to his otr.•.>loy- dcpt•ivud of emplov:n.:nt .u: .+ result uf. u.v Nrojcet, in accordance with unY cullcctivt• b:ur!aining ayrc(t .nt aPi in accordance men t, he shall be considcrod a "dismissed cmployce" uml shall o paid a monthly dir. mis n5lixdldl °bmissnloallowancensholl first be paid With this paragraph. day following the each diumissed c +r.pluyji° on misted "t and t shall (continue yduring the Pro - (lay on which easffol.lows% tective period, Employee's length of service prior fo adverse effect Period of rotection equivalent period 1 day to 6 years ' _.6 years • 6 years or more alloy ^•ante shall be equivalent to The monthly dismissal one °twelfth, (1 /12th) of the total compensation ecel ho performed in the last twelve (12) months of. his cmPloym um of each such months compensation service more than fifty per cent Which he was first on based on his normal work schedule to the date ect. such allowance deprived of employment as a result of the Project, t, a adjustments, shall be adjusted to reflect subsequent general 9 including cost of living adjustments Where provided for. (b) An employee shall be regarded as deprived of employ- ment and entitled to a dismissal allowance when the position he holds is abolished as a result of the Project, or when the as r tion he holds is not abolished but he loses that position as a re- whose Project or as a result of eult of the exercise of seniority rights by an employee position is abolished as a result of other broucht about the exercise of seniority rights by w an through as a result of the Project, and he is unable to o`�tain another pc =- ition, either by the exercise of his rcniority ric..ts, the Recipient, in accordance with subparagraph (e). In the abse::ce of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has equiredptovexerciseo his - ment as a result of the Project shall be required qualify seniority rights to secure another position in order to for a dismissal allowance hereunder. (c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his curren'(�homressmay and behragcur- rent name and d or if any other person , by self-employed. ularly employed. , (d) The dismissal allowance shall be paid to the regular ° ly assigned incumbent of the P-s ition abolished. If the position of an employee is abolished when he is absent from service, he will available for sseervice. Theo dismissal allowance n the employeetemporarilyfillingsaidlposition at the time it was abolished will be given a dismissal allowance on the basis of that position, until the regular cmPloye�cv.iousastatus o hi 11 for service, and thereafter sha ionsrofethetagreement in said Pali- and will be given the protect tion, if any are due him. (e) An employee receiving a dismissal allowance shall be tubjeet to call to return to service by his former employer after being notified in accoadTeement(h tPriorrto such hcall etoe return 9to s of collective, bargaining 9 be required by the Recipient to work by his eployer, he n,Y physically accept reasonably comparable employment for which he is PhY - 4 i and mentally qualified, or for which 1. can l.:c :vt qualified after a reasonable training or retraining p ^.rind, pravidud it does not require n change in residence or infringe upon the onploymant rights of other employcus under then- er.istiag collective bargaining agree- ments. (f) When an employco who is receiving a dismissal allo'.r- anco again eo.mneent in accordance with subparagraph nces employ" he is so reemployed, (a) above, said allo•::ance shall cease while and the period of time during which he is so keemuloyed shall be deducted from the total period for which he is entitled to receive a dismissal allowance. During the title of such reemployment, he shall be entitled to the protections of this agreement to the ex- tent they are applicable. (g) The dismissal allowance of any employee who is other- wise employed shall be reduced to the extent that his combined monthly earnings from such other employment or self - employ -ent, any benefits received from any unemployment insurance law, and his dis- missal allowance exceed the amount upon which his dismissal allow- ance is based. Such employee, or his union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with his former employer, including self - employment, and the benefits received. (h) The dismissal allowance shall cease prior to the ex- piration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept em plolr'.ent as pro- vided under subparagraph (e) above, or in the event of his resig- nation, death, retire.nent, or dismissal for cause in accordance with any labor agreement applicable to his employment- (i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable em- ployment offered him for which he is physically and mentally qual- ified and does not require a change in his place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of his allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his representative, or by final arbitration decision rendered in accordance with paragraph (15) of this agree- ment that such employee did not comply with this obligation. (8) In determining length of service of a displaced or dismissed employee for purposes of this agreement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him and he shall be given addi- tional service credits for each month in which he receives a dis- missal or displacement allowance as if he were continuing to per- form services in his former position. (9) No employee shall be entitled to either a displace - -anent or dismissal allowance under paragraphs (6) or (7) hereof because of the abolishment of a position to which, . at some future time, he could have bid, been transferred, or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during his protected period, of any rights, privileges, or benefits attaching to his employment. in- cluding, without limitation. group life insurance, hospitaliza- tion and medical care, free transJ,Octation for himself and his - 5 - j and mentally goalified, or for Which 1�.. can 1,.cxv: qualified aftor a reasonable training or rctraininy period, pcvvidod it does not require n change in residence or infringe upon the employment rights of other employees under then- existing collective bargaining agree- ments. (f) When nn employee who is' receiving a dismissal allow- ance again co.mnences employment in accordance with subparagraph (e) above, said allowance shall cease while he is so reemployed, and the period of time during which lie is so Ycemployed shall be deducted from the total period for which he is entitled to receive a dismissal allowance. During the time of such reemployment, he shall be entitled to the protections of this agreement to the ex- tent They are applicable. (g) The dismissal allowance of any employee who is other- wise employed shall be reduced to the extent that his co.:bined monthly earnings from such other employment or self - employ -..ent, any benefits received from any unemployment insurance law, and his dis- missal allowance exceed the amount upon which his dismissal allow- ance is based. Such employee, or his union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with his former employer, including self - employment, and the benefits received. (h) The dismissal allowance shall cease prior to the ex- piration of the protective period in the event of the failure of the employee without .good cause to return to service in accordance with the applicable labor agreement, or to accept employ -ent as pro- vided under subparagraph (e) above, or in the event of his resig- nation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his employment. • (i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable em- - ployment offered him for which he is physically and mentally qual- ified and does not require a change in his place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of his allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his representative, or by final arbitration decision rendered in accordance with paragraph (15) of this agree- ment -that- such - employee- -did not - comply with this obligation. (8) In determining length of service of a displaced or , dismissed employee for purposes of this agreement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him and he shall be given addi- tional service credits for each month in which he receives a dis- missal or displacement allowance as if he were continuing to per - form services in his former position. (9) No employee shall bo entitled to either a displace- -went or dismissal allowance under paragraphs (6) or (7) hereof because of the abolish.-.ent of a position to which, at some future time, he could have bid, been transferred, or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during his protecied period, of any rights, privileges, or benefits attaching to his employment, in- cluding, without limitation, group life insurance, hospitaliza- tion and medical care, free transportation for himself and his family, sick lenvc, continu::d :aatas W+KuaL'ir,::r. ion under uny disability or retircmant program, arc) ::"c-" ocl..7 employee benefits as Rnilroad Retirement, f:Ocial Security, t:ufla:.rn's Cur.ipensntion, and unemployment eomnan+ +ation, as well us Any other bunofits to which ho may be entitled under the same conditions and so long an ® such benefits continue to be accorded to other mnoloyeus of the bargaining unit, in active service or furloughed as the case may be. (11) (a) Any •employee covered by thik ngreemcnt who is • retained in the service of his om.lovor, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his employment in order to retain or secure active employnt -nt with the Recipient in accord- ance with this agreement, and who is required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects, for the travelling expenses for himself and members of his inu;,ediate family, including living expenses for himself and his immediate family, and for his own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Recipient and the affec- ted employee or his representatives. (b) If any such employee is laid off within three (3) years after changing his point of employment in accordance with 'paragraph (a) hereof, and elects to move his place of residence back to his original point of employment, the Recipient shall assume the expenses, losses and costs of moving to the same extent provi- ded in, subparagraph (a) of this paragraph (11) and paragraph (12) (a) hereof. - (c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such,claim is presented to the Recipient within ninety (90) days after the date on which the expenses were incurred. (d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a) The following conditions shall apply to the ex- tent they are applicable in each instance to any employee who is retained in the service of the employer (or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his employment as a result of the Project, and is thereby required to nova his place of res- idence. If the employee owns his own home in the locality from which he is required to move, he shall, at his option. be reim- bursed by the Recipient for any loss suffered in the sale of his home for less than its fair market value. plus conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement or closing'on the sale of the home. In each ease, the fair market value of the home in question shail,be determined, as of a date sufficiently prior to tho date of the Project, so as to be unaffected thereby. The Recipient shall, in each instance. be afforded an opportunity to purchase the home at such fair mar- ket value before it is sold by the employee to any other person :md to rei.l>orno tha : +ell :•x for hi:: conventional fees and closing cents. If the employee in under a contract to purchase his home, the Recipient shall protect him against lost under such contract, further obligation and in addition, shall relieve him from any thereunder. If the emplovee holds an unexpired }case of A dwelling occupied by him as his-hoot, the Recipiant shall protoct him from all loss and cost in securing the cancellation of said lease. (b) No claim for loss shall be paid under the provisions of this palyear afteretheseffective daterofethe changee Recipient in residence. within one y (c) Should a controversy arise in respect to the value of the home, We loss sustained in its sale, the loss under a con- tract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through a joint conference between the employee, or his union, and the Recipient. In the event thay are unable to agree, the dispute or controversy muy be referred by the Recipic nt or the union to a board of competent real estate appraisers selec- ted in the following manner: one ,(1) to be selected benthearepre sentatives of the employee, and one (1) by these two, if unable to.agrce within thirty (30) days upon the val- uation, shall endeavor by agreement within ten (10) days there- after to select a third appraiser or to agree to a method by which a third appraiser shall be selected, and failing such agreement, local Bon 'd of Real either party may request the State or r ?wiser. Commissioners to designate within ten (10) days a third p.- whose designation will be binding upon the parties and whost Jur- isdiction shall be limited to determination of the issues araisesers in this paragraph only. A decision of a majority of shall be required and said decision shall be final, binding, an�ser, conclusive. The compensation and expenses of the neutral ap, o including expenses of the appraisal boarothehall be orne equally by the parties to the pr oceedi 9 s paid by the party incurring them, including the compensation of the appraiser selected by such party. (d) Except as otherwise provided in paragraph (11)(b) hereof, changes in place of residencunot initial are the changes as a result of the Project, which b Project but grow out of the normal exercise of seniorrityihts. shall not be considered within the purview of this paragraph. (e) "Change in residence" means transfer to a work loca- tion which is either (A) outside a radius of twenty (20) miles of the employee's former work location and farther from his residence than was his former work location, or (B) is more than thirty (30) _ normal highway route miics from his residence and also farther =re, his residence than was his former work location. (13) A dismissed employee entitled to protection under this agreement may, at his option within twenty -one (21) days of his dismissal, resign and (in lieu of all other benefiits and preem- tections provided in this agreement) accept a lump payment puted ip accordance with section (9) of the Washington Job Protec- tion Agrcemcnt of may 1936: -- ® 7 Scnar�._ic� A]lu_Inca In the case Of an employee with less then one daily vice, five days' pay, ce.:.?uted by_r.,ulLiolying'I" but excluding earnings (including regularly scheduled overtime, s'tion other overtime payments) received by the employee in the ce will last occupied, for. each month in which he performed service, be paid as the lump sum - (a) Length of service shall be coon Agree6ent,v sefollowse section 7(b) Of the Washington Job Protection Aq • For the purposes of this agreement, the length of service an employmentestatus lwithdtheremploying�cerriertandeheashallgbered given credit for one month's service y for whatsoever)hand twelve performed any service (in any capacity (12) such months shall be credited as one year service. The em- ployment status of an employee shall not be interrupted re furlough in instances where the emplcjee has aright of service ofeanremto service when called. In determining length ployee acting as an officer or other official representative of sera employee organization, he will be given credit for P vice while so engaged on leave of absence from the service of a carrier. shall be computed by multiolyi,ng by (b) One month's pay 30 the normal daily earnings (including regularly scheduled over- time, but excluding other overtime ppymsnts) received by the em- position last occupied prior to time of his dismissal ployee in the as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term period" means that period of time during which a- displaced or dismissed employee is hi h provided P hereunder and extends from the date on -which aneare y ee is displaced or dismissed to the expiration of six (6) years any therefrom, provided, ho,.-.,ever `richahetis entitled vto receive the ban - particulaz employee during period efits of these provisions shall 1 or'diamissed than the employee's following the date he y the records and labor agreenents length of service, as shown by f his displacement applicable to his employment prior to the date o or his dismissal- (15)(a) In the event there arises any labor dispute afforded b or with respect to the protection y this agreement, with respect to the interpretation, application or governed by enforcement of the provisions of this agreement, not otherwise section (12) (c) hereof, the Labor - :Ia:rage ^ent Relations Act, as amended. Railway Labor Aet, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Recipient and the union, which cannot be settled by the parties thereto within thirty (30) days after the _a - Len i of -AI -L' 3 nontho' Pay 1 year and less than 2 yuara 6 ® 3 g ° 3 ° 5 12 ° ° " " ° 10 ° 12 ° ° 15 ° 10 " 12 15, over In the case Of an employee with less then one daily vice, five days' pay, ce.:.?uted by_r.,ulLiolying'I" but excluding earnings (including regularly scheduled overtime, s'tion other overtime payments) received by the employee in the ce will last occupied, for. each month in which he performed service, be paid as the lump sum - (a) Length of service shall be coon Agree6ent,v sefollowse section 7(b) Of the Washington Job Protection Aq • For the purposes of this agreement, the length of service an employmentestatus lwithdtheremploying�cerriertandeheashallgbered given credit for one month's service y for whatsoever)hand twelve performed any service (in any capacity (12) such months shall be credited as one year service. The em- ployment status of an employee shall not be interrupted re furlough in instances where the emplcjee has aright of service ofeanremto service when called. In determining length ployee acting as an officer or other official representative of sera employee organization, he will be given credit for P vice while so engaged on leave of absence from the service of a carrier. shall be computed by multiolyi,ng by (b) One month's pay 30 the normal daily earnings (including regularly scheduled over- time, but excluding other overtime ppymsnts) received by the em- position last occupied prior to time of his dismissal ployee in the as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term period" means that period of time during which a- displaced or dismissed employee is hi h provided P hereunder and extends from the date on -which aneare y ee is displaced or dismissed to the expiration of six (6) years any therefrom, provided, ho,.-.,ever `richahetis entitled vto receive the ban - particulaz employee during period efits of these provisions shall 1 or'diamissed than the employee's following the date he y the records and labor agreenents length of service, as shown by f his displacement applicable to his employment prior to the date o or his dismissal- (15)(a) In the event there arises any labor dispute afforded b or with respect to the protection y this agreement, with respect to the interpretation, application or governed by enforcement of the provisions of this agreement, not otherwise section (12) (c) hereof, the Labor - :Ia:rage ^ent Relations Act, as amended. Railway Labor Aet, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Recipient and the union, which cannot be settled by the parties thereto within thirty (30) days after the _a - din pule or contrtV`'F,i.,nerorc eh•,,iunio,1 to au board c•of11arbitrationtn request of ti:c Rccil Lie to be selected as herrinartcr provido;7, One arbitrator is to cL eho:;ca by oac }, inLartotcd party.- lint tl:c arbitrators thus selocL•od shall n:l rr;.r. to solcce a neutral arbitrator wi:o hall cutup as chiirran. Cach party shall a!woi.gt its arbitrator wiLhi<n five (5) days nftcr loticc of submission to url>itrctics bas unable gtoeagrco Should tho arbitrato_s•seneutr b1 the F upon the selection o: the neutral arbitrator : jbeen given, then athe after notice of submission to arbntratcn`chasthaeAr.erican Arbitra- arbitrator selected by any party y tion Association to furnish, from among menJ.,ars of the National Academy of :. rbitrators who are then available to serve, five (5) arbitrators fro. which the neutral artbetrshallsl�ait]in five The arbitrators appointed by the p lot the order of days after the receipt of such list, determine by alternately elimination and thereafter each shall, nmthat• order, maiming pax° eliminate one name until only arty son on the list shall be the neutral arbitrator. if any party fails to select its arbitrator within the prescribed and or their the highest officer of the Union or of the Recipient nominees, as the case may be, shall be deemed to be the selected arbitrator, and the board of arbitration shall then function and s`all have the same force and effect as though all its decision • parties had selected their arbitrators• Unless otherwise load, underparagraph(5) of in the case of arbitration proceedings, this agreement, the board o f the neutral arbitrator f arbitration shall meet within fifteen (15) days after selection or appointment o and shall render its decision within forty -five (45) days after the hearing of the dispute has been concluded and the record closed. The decision by majority vote of the arbitration board shall be final and binding as the decision of the a conditions rbitration board, except as provided in subparagraph (b) below. A11 the arbitration e agreement shall continue to be effective during .proceedings. (b) in the case Of any labor dispute otherwise covered by .subparagraph (a) but involving multiple parties, or employees of urban mass transportation at other than tainin i such labor ient,'which cannot be settled by collective .beS{ of any su the par dispute may be submitted, at the written request _ ties to this agreement involved in the disputo Failingemutual trator who is mutually acceptable to the parties. to the selection an arbitra- Amer agreement within ten (10) days as American arbitra- tor, any of the parties involved may request the tion Association to furnish an i_npartial arbitrator from among members of the National Academy of Arbitrators who is then avail- able to serve. Unless otherwise provided,in the case of arbitra- tion proceedings under paregraoh (5) of this agreement, the ar- bitrator thus appointed shall convene the hearings within fifteen (15) days after his selection or app render the his within rsy forty-five hasbeen4concludedfand the recordg closed . The `puts or mntrpvessy decision of the neutral arbitrator shall be final. heiconditions of conclusive upon all parties to the ci =i the agreement shall continue to be effective during the arbitration proceeding. Authority-of the arbitrator shall be limited to the determination of the dispute arising out of the interpretation, ement. Thm• application, or operation of the provisions of this agre ® g shall not have any authority wha5ceveur to Jltcr, amend, arUiora� r -ve bryns of any cullrc'Live l,arg�i.ning a')r"O or nradify any of :he p. mnnl. (e) nr.d erpUnsea of the neutral arbitra- tor, tor, aril any c''h". jointly incurr ^d expenses, shall be borne eq Y by the parties to the proceeding and all other expenses skull be Paid by the party incurring them.' (d) In the event of any dispute' as to whether er orb not ia particular araployce was affected by tho pctthe pertinent facts obligation to identify the Project and he specify of the Project relied upon. It shall than be the Reactednthe bur- of -den to. prove e cthat aff.. ^:.ingtemploy'cershall prevailjiftitfiscestablished that the Project had a tors r.•ay also Civil Action No. 625 -71). (e) .Nothirg in this agreement shall be construed the to en- large or limit the right of any party em utilize- upon econ- tion of any collective bargaining agreement or otherwise, any li- omic measures w hich are not incon n sistent.or in coflict with aPP cable laws or this agreement* (16) 1•othi..•19 in this agreement shall be construed as de- priving any er ?loyee of any rights or ty o=tothercprotec:ivelcondi- may have under any existing job security tions or arrangements by ecllecti' bargaining agreement or law where applicable, cluding P. L. 93 -236, enac including January 2, 19747 provic.ed Baal orovideda£urthezo that lany lbenefit eunder sthe agrees ployees, onsibilitics, ment shall be construed to include the eenditions, rasp and obligations acompanying 'such benefit. (17) The Recipient shall be financially responsible for the application of thane conditions ffectedlasmakresultnOfCtherPro- arrangements so that y ject ray file a Clain through his union representative with the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Project, or within to hentnislotherflths 'of the date his position with respect to his rovided,min the latter wise worsened as a result o.. the Project, p case, if th- evonts giving zinc to the claim gave occurred over an exten'2ed p':riod, thlol8cmontfulr " c=atthat nolbenefitsy shall fbam the last such evzn•t: - of payable for any ^^_rind prior to sir. (6) months from the date he the filing of the claim. Unless such claims arc filed with the shall Recipient Within still time limitations, the Recipient tP onsrelatedtlto o- m after be relieve' -o= all liabilities and cbliga ea id clac_s. :h. Rec p1cit'gi .lefnoticeot the eclaimant mand nhis p° proprista pal•T:n1s. in such claim, represcr,tutive of the basis for denying or modify 7 giving reasons thcrefor. may i.he evathetfollo •.oinga procedures ofor n° or such claim• 'giving notice in writ - further jolt investigation of the claim by g 9 ing of its desire to pursue such the procedures. parties 11ithin ten from.tho receipt of such notice, the p factual raterial as say be requested of them rcicvnnG to the dispos- ition o-te Clain ad cessaryf rhdesirablentosobtaino from lany third party steps partysuch addition- - 10 - al factual material as may be relevant. In be processed ®to arbiia se rejected by the Recipient, the elate may be (1L). prior to the tration as he:cinnbovo W-oarticsbshall cxchmigo a list of intended arbitration hearing, the p impartial ar® witnesses. 'In conjunction with such proceedings, the imp witnesses o lr to subpoena bitrntorsall and to hhave the poem production ofdocumentsandother of any part Y a arbitration period which is relevn information denied in the pre- to the disposition of the claim. Nothing included herein as an obligation of the Recip- ient shall be construed to relieve any other urban massoblinstions tation employer of the employees covered hereby of any blig in- which it has under existing. collective bargaining agreements. eluding but not limited to oblhereof,�rorrmale9any such eemployer sa referred to in paragraph (10) third -party beneficiary of the Recipient's obligations contained herein, nor deprive the Recipient of any right of subrogation. (18) During the employee's protective period, a dismissed employee shall, if he so requests, in wziting, be granted priority of employment to fill any vacant position within the jurisdiction and control of the Recipient, reasonably comparable to that which he held when dismissed, for which. he is, or by training or re contravention of training can become, qualified) not, however, in collective bargaining agreements relating thereto. in the event such employee requests such training or re- training to fill such vacant position, the Recipient shall provide for such training or re- training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable col- lective bargaining agreement for such position, plus any displace - ment-allowance to which he may be otherwise entitled. If such dis- missed er..plevee who has made such request _ °ail:. without gc:3 cause, within ten (10) days to accept an offer of a position CO.M- parable to that which he held when dismissed for which he is qual- ified, or for which he has satisfactorily completed such tod.nfor- he shall; effective at the expiration of such ten -day per' - feit all rights and benefits under this agreement. As between employees who request employment pursuant to this paragraph. the follc.wi;ng orr:ar where applicable, Lhall prevail in hiring such er:,ployecs: (a) Employees in the craft - or- class-Of the vacancy shall--- - be given priority over employees without seniority in such craft ,or class: (b)- As between employees having seniority in the Craft or class of the vacancy, the senior employees, yees, base upon stheirityser- vice in that craft or class, as roster, shall prevail over junior employees; (c) As between employees not having seniority u in he craft -or class of the•vacancy, the senior employees, based P which their service in the crafts or Classes In t do have en - iority as shown on the appropriate seniority rosteery rs, shall prevail over junior employees- (19) This agreement shall be binding upon tha'sucecssors and assigns of the parties hereto, and no provisials, terms, or obligations herein contained shall be affected, modified, altered, ® 11 or changed in any resprct whatsoever by reason of the arrangements made by or for tho Recipient to manages and operate tho ayetms. Any such person, enterprise, body, or agency, whether publicly- or privately - owned, which shall undertake the management or operation of the system, shall agree to be bound by the terms of this agreement and accept the responsibility for full perfor- mance of those conditions. (20) The employees covered by this agreement shall con- tinue to receive any applicable coverage under Social security, ailroad Retirement,WOrkmen's Comp R , unemployment compensa- benefits be worsened tion, and the like. In no event shall these as a result of the Project.- (21)-In the event any provision of this agreement is held to be invalid, or otherwise unenforceable under the fed�e'rral, State, or local law, in the context of a particular Projoct, ing provisions of this agreement shall not be affected and the in- valid or unenforceable provision shall be renegotiated by the Re= cipient and the interested union employees involved for purpose of adequ ate replacement Act. If such negotiation shall not result in mutually agreement, any party may invoke the j rotec- of Labor to determine substitute fair and equitab empl particular Project, tive arrangements for application only to the to which shall be incorporated in this agreement only as applied relief. that Project, and any other appropriate action, remedy, (22) This agreement establishes fair and equitable em- ployee protective arrangements for application only to federal oper- ating assistance Projects uneof §§3(h) and 5uof the Act 'under other not be applied to other types provisions of the Act, in the absence of further understandings an agreements to that effect. (23) The designated Recipient, as hereinnbove defined, signatory hereto, shall be the sole provider of mass transportation rtation services to the Project and such services shall be provided lively by employees of. the Recipient covaerld�bla collective�barg in -- accordance with this agreement and any PP ing agreement. The parties recognize, however. that certain of the recipients signatory hereto, providing urban mass transportation byrpurchaseavleasing fore ther provided arrangements services hereby agree that contracts such practices may continue. Whenever any other employer provides such services through contracts by purchase, leasing. or other ar- rangements with the Recipient, or on its behalf. the provisions of this agreement shall apply. (24) An employee covered by this agreement, who is not dismissed, displaced, or otherwise worsened in his position with s employment as a result of the Project, but because regard to hi erwise worsened solely dismissed, displaced, or othddntinuance of total or partial termination of the Project, ng. shall not be Project services, or exhaustion of Project findi deemed eligible fra zadmlb)aand (7) ofat.his agreement- within the meaning of pa g P hs - 12 (25) If any employer of the emp)oyees covered by this agreement shall have rearranged or adjusted its forces in anticipa- tion of the Project, with the effect of depriving an employee of benefits to which he should be entitled under this agreement, the provisions cf this agreement shall apply to such employee as of the date when he was so affected. 11 (26) 1 >ny eligible t•::.ployor not init }nlly a party to this agrccm'.nt may b�•ccmo n party by serving wrirtcn nutica of its do ®• sire to do so upon the Secretary of I.:eher, the Powirican Public . Transit Association, or its deaicnec, and the unions signatory hereto, or their des•innee. In the event of any objection to the addition of such employer as a signatory, then the dispute as to whether'such employer shall become a signatory shall be determined by the Secretary of Labor. (27) In the context of a particular Project, any other union r,hich is the collective bargaining representative of urban mass transportation employees in the service area of the Recipient, and who may be affected by the assistance 'to the Recipic:tt r�ithin the meaning of 49 U.S.C.A. 1609(c), may become a party to this agreement as applied to the Project, by serving written notice of its desire to do so upon the other union representatives or the em- ployees affected by the Project, the Recipient, and the Secretary of Labor. In the event of any disagreement that such labor organ- ization should becom: a party to this agreement, as applied to the Project, then the dispute as to whether such labor organization shall participate shall be determined by the Secretary of Labor. (28) This agreement shall be effective and be in full force and effect for the period from November 26, 1974 to and in- cluding September 30, 1977. It shall continue in effect thereafter from year to y_ar enless terminated by the A.P.T.A, or by the national labor organizations signatory hereto uoon one hundred twenty (120) days' written notice prior to the annual renewal date. Any signatory employer or labor organization may individually withdraw from the agreement effective October 1, 1977, or upon any annual re- newal date thereafter, by serving written notice of its intention so to withdraw one hundred twenty (120) days prior to the annual re- newal date; provided, however, that any rights of the parties hereto or of individuals established and fixed during the term of this agreement shall continue.in_full_ force and effect. notwithstanding the termination of the agreement or the exercise by any signatory of the right to withdraw therefrom. This agreement shall be subject 'to revision by mutual agreement of the parties hereto at any time, but only after the serving of a sixty (60) days' notice by either party upon the other. (29) In the event any project to which this agreement applies is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assist- ance between the federal government and the Recipient or other applicant for federal funds; provided, however. that this ague tee nt shall not merge into the contract of assistance but shall be in- dependently binding and enforceable by and upon the- parties thereto, in accordance with its terms, nor shall any other amployer protec- tive agreement nor any collective bargaining agreement merge into this agreement, but each shall be independently bindinq and en- forceable by and upon the parties thereto, an accordance with its terms. - 13 - IN WITNESS WIU:REOF. the parties hereto have executed this agreement by their duly authorized representatives. AMERICAN PUBLIC TRANSIT ASSOCIATION By:� Date: By: r Date: Y3 S AMAIZ_t.MATED TRANSIT UNION- APL -CIO By Date: - •�' TRANSPORT WORKERS UNION OF AMERICA. AFL-CIO J' 4((Yu� F [ll!(171G Hy: y Date: i A T ! r - 14 - U.S. DEPARTMENT OFZABOR +v �raCw LABOR- MANAGEMENT SERVICES ADMINISTRATION OCT 12 19a. Mr. Dave Dolter Assistant City Manager City of Santa Monica 1685 Main Street Santa Monica, California 90903 Dear Mr. Dolter: As per our conversation of October 6, 1977, I have listed below the cities and transit agencies in California which have become party to the national "Model" Section 13(c) employee protective agreement executed on July 23, 1975, by the American Public Transit Association and various transit employee organizations. Monterey Peninsula Transit Sacramento Regional Transit San Diego Transit Corporation Santa Clara County Transit District Golden Gate Bridge, Highway and Transportation District Bay Area Rapid Transit District City of Fresno Southern California Rapid Transit District (with side letter of understanding) Alameda- Contra Costa Transit District City of Norwalk Orange County Transit District City and County of San Francisco, Public Utilities Commission, Municipal Railway Omnitrans, San Bernardino City of Santa Rosa City of Culver City Stockton Metropolitan Transit District If I can be of any further assistance please do not hesitate to contact me. Sincerely, Mark A. Lehner Industrial Relations Specialist Reference: Resolution No. 4995 (CCS) E'?1 Contract No. 2494 (CCS)