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
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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)