SR-03-27-1979-6E3Santa Monica, California, March 15, 1979
TO: Mayor and City Council
FROM: City Staff ����(.t,� <�" ,,-BAR 2 7 1979
SUBJECT: Memorandum of Understanding between the Transportation Depart -`
ment and Transportation Department Employees' Representative
Organizations under Paragraph 13(c).of the Urban Mass Trans-
portation Act of 1964, to Cover FY 1979 Transit Operating
Assistance Grant. Sw
Introduction
As a prerequisite for obtaining federal transit operating assistance, the City
must satisfy the requirements of Paragraph 13(c) of the Urban Mass Transportation
Act of 1964, as amended. This report recommends that the City Council authorize
the City Manager to continue the Transportation Department's participation in
the "model" agreement which meets this 13(c) requirement.
Background
On March 28, 1978, the City Council approved the Transportation Department's
participation in a nationwide 13(c) memorandum of understanding, known as the
"model" agreement, enabling the Transportation Department to receive federal
financial assistance to defray a portion of its operating expenses for FY 1977
and FY 1978. As explained in the attached staff report given to the Council
at that time, the "model" agreement, entered into by the American Public Transit
Association (APIA) on behalf of transit operators, and the major transit employ-
ees organizations, was due to expire on September 30, 1978. Since the time that
was written, the "model" agreement has been extended to September 30, 1979.
The Transportation Department's FY 1979 operating assistance application, filed
subsequent to Council action on September 12, 1978, is nearing approval and
the Department of Labor has informed staff that it will certify that the Trans-
MAR 2 7 1979
To: Mayor and Council -2- March 15, 1979
portation Department wishes to remain party to the agreement, unless the City
informs it otherwise.
Alternatives
1. The City Council could decide to withdraw its participation in the
"model" agreement. This would mean that the Transportation Depart-
ment would lose the benefit of approximately $1,604,000 in federal
operating assistance for the 1979 fiscal year, as well as the oppor-
tunity to obtain such funds in the future. The Department would
have to look at alternative methods to cover the revenue gap in
FY 1979, 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 transit 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 approve the Transportation Department's con-
tinued participation in the "model" agreement and authorize the City
Manager to execute any documents in connection therewith. We sug-
gest that such authorization continue for the life of the agreement,
which APTA and the employee organizations may extend from year to
year, or until such time as the City Council wishes to withdraw its
participation.
Recommendation
City staff recommends that the City Council approve the Transportation Depart-
ment's continued participation in the "model" agreement and that the City
Manager be authorized to execute any documents in connection therewith. In
addition, staff recommends that such authorization continue for the life of
the agreement, which APTA and the employee organizations may extend from year
to year, or until such time as the City Council wishes to withdraw its partici-
pation.
Prepared by: Jack Hutchison
Bob Ayer
Santa Monica, California, March 16, 1978
TO: Mayor and City Council
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
I 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
,` I
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 AssOciatiOR(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 807 of all operating assistance grants
processed to date. DOL informs us that the remaining 207 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 Bua Linea
To: Mayor and Citj jouncil
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.
(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, a model 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 FOLLa4S:
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 day of March 1978.
Mayor
ATTEST:
City Clerk
AGREEMENT PURSUANT TO SCC: "1 C:: oqc) of T:o URBAN
MASS TR^.NSPORTATIC14 ACT OF 1964, AJIS AMEIM'-U.
WFXREAS, tle Congress recognized in the National Kato Tran-
sportation Assistance Act of 1974 that the urban 'mats transportation
industry required operating assistance to maintain service to the
public, stimulate ridership and assistcommunitics in r..eetingtheir
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 heretot and
WHEREAS, the undersigned American Public Transit AsSOCia-
tion and thenational -labor organi:.ationssignatory 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,14ass Transportation Act of
1964, as amended ( "Act ");
NOW, THMREFORE, 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 - fund -s; -bat shall include a.y changes, whether - - -
organizational, operational, technological, or otherwise. which are
a result of the assistance provided. The phrase "as aresult -of' - the
Project" shall, when used in this agreement, include evens occur-
ring in anticipation of, during, and subsequent to the Projectand
-
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 collective bargaining agree-
ment.
I Ic t•ay • ^• %I', ""it it tip arbit 'at ;on L, accord :.acY+ wrt!, the Lroc.:-
durc•t, conLain,•d in 1• ;�r..;r-til: (!:) h,:rocit. in' :nq' :.urh arbitoat. ion,
final duci.::ian Trust I)v rc: :cl,ud within ni::Ll' (60) dcp's ,a1'Lur l:CleC
tion or aPpoirrCinent of the neutral arhitr"tor. In tiny Duch erbi- .......
traLion, the t.c.r.:a:; of thi:_ agrcol,io:,t tire. to be inttrpreted and
appli.cd in f.,v(ir of providinq en)loyce uroLvctioua and boncfitm
no less thnn tl:nsc estr,blishdd pursuant to $5(2) (f) of the Inter-
state commerce Act.
(6)(a)- Whenevor an emoloyce,•rctainca in Dervice,.ra-
called to servi.ce,.. or Deployed by the Recipient pursuant to para-
graphs (5), (7)(e), or (18) hereof is placed in 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 Lhis
paragraph. Said displacement allowance shall be Paid each dis-
placed employce;.dur,ing.the protective period follo.ainq 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 exccedi,ig the compensation he received in the
position from which he was displaced, adjusted to reflect subsequent
general wage adjustments, including cost of living adjustments where
provided for.
(b) The displacement allowance shnll be a monthly allow-
ance determined by computing the total compensation received by the
employee, including vacation allow&nces and monthly compensation
guarantees, and his total tine paid for during the last t:.'a1Ve (12)
months in which he performed compensated service more than fifty "
per ccrtum of each.,such,.nonths, based upon his normal work schedule,
immediately preceding the date of his displacement as -a result of
the Project, ,.and - .by.dividing saparotely 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'ss 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 on account of voluntary absences to the extent "
that he is not available for service . equivalent to his average
ninthly 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.,Ifa displaced employee fails
to exercise his seniority rights' to secure another . position to
which he is entitled under the then existing collective 1arcain
ing agreement, and which carries a wage rate and eompensatica
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) Thef.displacement allowance shall cease prior to the
expiration of <the protective period is the event of the displaced
employee's resignation.,. death. retirement, or dismissal, for cause
in accordance.with any labor agreement applicable to his employ
went.
(7) (a) Hhenever any employee is laid off or otherwise
®y®
i
and mentnlly qualified, or for which Lo, can l.:c:.:.•a qualified at tor
a reasonable training or rctruining periud, provided it does ❑ot
require n change in residence or infringe upon the employment rirjhts
of other employees under then- existing collective barcdaluing agree-
ments. -
(f) When unemployee who is receiving a dismissnl allow -
ance again eo.nmences employment in accordance with subparagraph
(a) above, said allo•.rnnce shell cease while he is so reonployed,
and the period of time during which he is so Ycemvloyed shall be
deducted from the total period for which he is entitled to receive
a dismissal allowance. During the tine 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 hisco. -bined
monthly earnings from such other employment or self- cmplol -.-nt. any
benefits received I rorvany',untmployrent> insurance law, and his: -dis-
missal allowance exceed the amount upon which his dismissal allow-
ante is based. Such employee. or his union representative -,.and
the Recipient shall agree upon a procedure by which the Recipient
shall bekept currently informed of the earnings of such- er..ployee
in employment other then 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 enploymentLas pro-
vided under. subparagraph (a), above. or in the event . of - his - res.ig- -
notion, death,- retirement, or dis =issal for cease in accordance
with any labor agreement applicable to his employment.
(1) 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.qua1-
ified and.does not require a change in his place of residence.
Failure of the dismissed employee to- comply - withthis obligation
shall be grounds for, !discontinuance -of his allowance.;,
that said, dismissal allowance shall not be. discontinued until. final -
determination is made either by agreement between the Recipient: ,
and the employee or his reoiesentati've.`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 ba entitled to either a displace-
- went or dismissal allowance- under paragraphs .(6)...or (i) -. hereof -
because of the abolish ;ment 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 depri:ved.- during his ,.protecied period. . of any
rights, privileges, or benefits attaching to his employment. in- -
eluding, without limitation, group life insurance. hospitaliza-
tion and medical care. free transportation for hamself and his
® 5
1
and to reiO)orne• the ::el).•r. for has conventional feee end closing
costs.
If the employee in under a contract to purchase his home,
the necipi.ent shall protect qim against los_• under such contract,
and in addition, shall relieve him from any further obligation
thereunder.
If the cn,plove-c holds an unexpired lease of a dwelling
occupied by him as his ho;-.,-, the !tecipient shall protect 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 paragraph unless such claim is presented to the Recipient
within one year after the effective date of the change in residence,
(c) Should a controversy arise in respect to the value
of the home, the 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 they are unable to
agree, the dispute or controversy may be referred by the Recipient -
or the union to a board of competent real estate appraisers selec-
ted in the following nanner: one .(I) to be selected by the repre
sontatives of the employee, and one (1) by the'Recipient, and
_ these two, if unable "to•agreewithin thirty (30) clays upon the Val --*
uation, shall endeavor by agreement within ten "(10) -days there-
after to select a third appraiser or to agree to a methcd by which
a third appraiser shall be selected, and failing such agreement,
either party may request the State or local Board of Real Estate
Commissioners to designate Within ten (lo) .days ' third appraiser,
whose designation will -be binding upon the partic� and wi,Sbc jur-
isdiction shall be limited- to•determination of the issues raised
in this paragraph "only, A decision of majority of the appraisers
shall be required and said decision shall be final, binding, and -
conclusive. The compensation and expenses of the neutral appraiser....
including expenses of the appraisal board, shall be borne equally
by the parties to the proceedings. All other expenses shall be
paid by the party incurring them, including the_`compensation of
the appraiser selected by such party. -
(d),£xcept as otherwise provided in paragraph (11)(b) ,
hereof, changes in place of residence, subsequent to the initials"
- - - 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, *'.
sjtall"not be considered within the purview of this paragraph.
(e) °Cha.nge 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 frem his residence
than was his former work location, or (B) is more than thirty (30) -
normal highway route miles from his residence and also farther frca
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 bcnpfits a ^d pro-
tections provided in this agreement) accept a hump sum pawacnt ec-
puted ip accordance with sectidn (9) of the Washington Job Pro -tcc-•
Lion Agrcemcnt of fay 1936:
"MWAM
dinputc or co:itrccvrny ::riec•r., it they be nulj:;,itLod tit the written
reynest of ti:e Reci.pivnt or th;: union to a l:anrd of arbitration
to be selected a:: hereinafter. provided. One, nrbitrntor is to be
cho:;cn by each intnrc.5tod party, un tl;c arbitrators thus+ sulectt-d
shall cnt1c. v. r to select a neutral drbitrator wliu ::hall GC4Vp as
chainaan. Ccch party shall a;�,,oi.nl its arBitrator within five (5) r
day-- after - notice of submission to arhit•retion has been given.
Should th_ arbi a ators•s<acctcd by the parties be unable to agree
upon the selection of the neutral arbitrator % jithin ten (10) days
after notice of submission to arbitration has bccn given, then the
arbitrator selected by any party nay runccst the American Arbitra-
tion Associt:tion to furnish, frog ar,ong members of the National
Academy of Arbitrators who are than available to - serve, five (5) -
arbitrators from which the neutral arbitrator shall be selected.
The arbitrators appointed by the parties shall, within five (5)
days after the receipt of such list, determine by lot the order of
elimination and thereafter each shall, in that order, alternately
eliminate one name until only one name remains. The remaining per-
son on the list shall be the neutral arbitrator. If any party
fails to select its arbitrator within the prescribed time limit,
the highest officer of the Union or of the Recipient or their -
nominees, as the case nay be, shall bedeemed to be the selected
arbitrator, and the board of arbitration shall then function and -
its decision shall have the same force and effect as though all
parties had selected their arbitrators. Unless otherwise provided.
in the case of arbitration proceedings, under paragraph (5) -of - -- this agreement, the board of arbitration shall meet within fifteen
(15) days after selection or appointment of the neutral' arbitrator '
- 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 majority vote of the arbitration board shall be '
- final; and Binding as the decision of the arbitration board, except.
` as provided in subparagraph (b) below; All the conditions. of the
agreement shall continue to be effective during the arbitration
• proceedings. ...
(b) In the case of any labor dispute otherwise covered "by subparagraph,(a) but involving multiple parties, or amployees of
urban ,mass transportation employers other than those of the- Recip-
ient, which cannot be settled by collective bargaining. such,labor
dispute may be submitted, at the written request of any of the par-
ties to this agreement involved in the dispute, to -a single arbi-
trator who is mutually acceptable to the' parties. .Failing mutual
agreement within ten (10) days as to the selection -of'an arbitra-
tor, any of the parties involved may request the American Arbitra-
tion Association to furnish an impartial arbitrator from among
members of the National Academy of Arbitrators who is then avail-
able to serve. Unless otherwise provided.in the case ofarbitra-
tion proceedings under paragraph (5) of this agreement, the ar-
bitrator thus appointed shall convene the hearing within fifteen
-- - (15) days after hisselection or appointment and shall render his
decision within forty -five (45) days after the hearing of the dis-
pute or conLroversy has been concluded and the record closed. The
decision of the neutral arbitrator shall be final': binding. and
conclusive upon all parties to the ciapute. :.11 the conditions of
the agreement shall continue to be effective during the arbitration
- proeecding. .Authority.ofthe arbitrator shall be limited to the
determination of. the dispute arising. out of the interpretation,
application, or operation of the provisions of this agreement. The,'
OLM
al factual material as n,ny be relevant. In the event tho claim is
eo rojected by the Recipient, the claim may be processed to arbi-
tration as hcicinnbovo provide d by para0r.,ph (15). Prior to the
arbitration hearing, the parties shall cxchango a fast of intended
witnesses. In conjunction with such proceedings, . the impartial ar-
bitrator shall have the power to subpoena witnesses upon the request
of any party and to compel the production of doeun.ents and other
information denied in the prc- arbitration period which is relevant
to the disposition of the claim. ..
Nothing included herein as an obligation of the Recip-
ient shall be construed to relieve any other urban mass trcnspor-
tation employer of the employees covered hereby of any obligations
which it has under existing.collective bargaining agreenents, in-
cluding but not limited to obligations arising from the benefits
referred to in paragraph (10) hereof. rpr make any such employer a
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 writing, be granted priority
of employment to fill any vacant position within the jurisdiction
and control of the Recipient, reasonably comparable to that lahich
he held when dismissed, for which he is, or by training or re -. _ .
training can become, qualified;-not, however, in contravention of,
collective bargaining agreements relating thereto. in the event _
such employee requests such training or re- training to fill such
vacant position, the 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,opplicable col -
- lective bargaining agreement for such position. plus any displace
went allowance to which he may be otherwise entitled. If such dis-
missed employee who has made such - request_ fails, without gcad
cause, with -in ton .(10) days.to accept an offer of a. position co:a-
parable to that .which he held when dismissed for which he is qual-
ified, or for which he has satisfactorily completed such training.
he shall; 'effective.at.tha expiration of such ten -day period. for-
feit all rights and benefits under this agreement....
-- - - -- - ..Asbetween employees who request employment pursuant to
this paragraph, tho fotic.winy.orGcr- .where appli.csblo shall prevail, .
in hiring such eriployccs: -
(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. based upon their ner-,
vice in that craft ' or - class, -as shown on the appropriate seniority
roster, shall prevail - over .'junior employees; -
- (cl Ns between employees not havirn seniority in the
eraft,or class of the vacancy, the senior employees. based upon
their service in the crafts or classes in which they do have sen-
iority as shown on the appropriate seniority rosters. shall prevail
over junior employees. -
(19) This agreement shallbe'bindingupon the successors
and assigns of the parties hereto, and no provisions, - terms. -or
-
obligations herein contained shall be affected, modified, altered,,,
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(25) if any cnplo'yer of Lhc employees covered by thin
q agrecncnt 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 xindr.r this agreement, the
provisions cf this agreement shall apply to such employee as of
the date when be was so affected. -
(26) 1,ny eligible c: :;oloycr not i:titinlly a party to this
agrecment may hcccm� a party by scrvinil written nutica of its de-
sire to do so upon the secretary of Lul,or, Lhe R.m,:rican Public
Transit 7,ssociation, or its designee, and the unions signatory
hereto, or their designee. In the event of any objection to the
addition of such empluier as a signatory, than thn dispute as to
whother'such employer shall.becone a signatory shall be determined
by the Secretary of Labor..
(27) In the context of a particular Project, any othor
union which is the collective bargaining representative of urban
mass transportation employees in the service area of the Recipient,
and who may ba affected by the assistance to the Reeipic:lt within -• -VIn
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 of the em-
ployces affected by the Project, the recipient, and the Secretary
of Labor. In the event of any disagrecr..ent that such labor organ-
ization should becoma 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 Septer-ber 30, 1977. It shall continue in effect thereafter
from year to y :ar unless terminated by the A.P.T.A, or by the
national labor orcanizatJOns signatory hereto upon one hundred twwnry
(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 a nr.ual 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 ternination of the agreement or the exercise by any signatory
of the right to withdraw therefrom. This agreement shall be subject
to revision by nutual 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 Di asaist-
anee between the federal government and the Recipient or other
applicant for federal funds; provided, how_ver, that this agreement
shall not merge into the contract of assistance but shall be in-
dependently binding and enforceable by and upon th.• parties thereto,
in accordance with its terns, nor shall any other .•mpluye" ptotee-
tive agreement nor any collective bargain Lig agreement merq: into
this agreement, but each shall be independently binJinq and en-
forceable by and upon the parties thereto, in accordance with its
terms.
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U.S. DEPARTMENT OF ;LAi30R ,
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 public Utilities
City and County of San Francisco,
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,
/Jj-
{Mark k A. Lehner
Industrial Relations Specialist
Reference:
Resolution No. 3196
(CCS)