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Southwest Automotive Addendum

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AUTOMOTIVE WORKERS ADDENDUM

THIS ADDENDUM made and entered into this 1st day August of 2013, by and between UPS, hereinafter referred to as the “COMPANY,” and the following Local Unions, where applicable, 63, 186, 396, 481, 495, 542, 952 and 986 affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS hereinafter referred to as the “UNION.”

WITNESSETH

That in consideration of the premises and of the respective premises of the parties hereto, they do hereby mutually agree as, follows:

SECTION 1 – RECOGNITION OF THE UNION

The Company recognizes the Union as the bargaining agent with regard to wages, hours and working conditions of employment for employees described as follows: lubrication, car washing, car cleaning and car polishing, stock and parts room, tire service and tire repair, shop and yard clean-up (janitors), fuelers and steam rack, and where applicable, automotive mechanics and maintenance mechanics. No employee of the Company shall be discharged or discriminated against because of their membership in the Union.

The work of supervisors will not include assignments of work that is performed by Union members except for the purpose of training and demonstration. Supervisors will not perform Union members work until after all reasonable efforts have been exhausted to have the work covered.

The top rates of pay for the Classification listed below shall be as follows:

CLASSIFICATION Top RateEffective

8/1/2013

Top RateEffective

8/1/2014

Top RateEffective

8/1/2015

Top RateEffective

8/1/2016

Top RateEffective

2/1/2017

Top RateEffective

8/1/2017

Top RateEffective

2/1/2018

Yard/Shop Cleanup

(Janitor)

32.16 32.86 33.56 33.96 34.36 34.86 35.36
Car Washer 32.25 32.95 33.65 34.05 34.45 34.95 35.45
Tire Service 32.38 33.08 33.78 34.18 34.58 35.08 35.58
Stock & Parts Room 32.30 33.00 33.70 34.10 34.50 35.00 35.50
Lubrication 32.41 33.11 33.81 34.21 34.61 35.11 35.61
Steam Rack 32.38 33.08 33.78 34.18 34.58 35.08 35.58
Fueler 32.25 32.95 33.65 34.05 34.45 34.95 35.45

 

Employees Hired Prior to November 1, 1976

CLASSIFICATION Top RateEffective

8/1/2013

Top RateEffective

8/1/2014

Top RateEffective

8/1/2015

Top RateEffective

8/1/2016

Top RateEffective

2/1/2017

Top RateEffective

8/1/2017

Top RateEffective

2/1/2018

Yard/Shop Cleanup

(Janitor)

32.94 33.64 34.34 34.74 35.14 35.64 36.14
Car Washer 33.02 33.72 34.42 34.82 35.22 35.72 36.22
Tire Service 33.16 33.86 34.56 34.96 35.36 35.86 36.36
Stock & Parts Room 33.07 33.77 34.47 34.87 35.27 35.77 36.27
Lubrication 33.18 33.88 34.58 34.98 35.38 35.88 36.38
Steam Rack 33.16 33.86 34.56 34.96 35.36 35.86 36.36
Fueler 33.02 33.72 34.42 34.82 35.22 35.72 36.22

 

Existing seniority employee with a seniority date prior to 8/1/1997 who enter the full-time automotive agreement during the life of this agreement only, shall be paid in accordance with the above schedule(s).  All other employees, with a seniority date on or after 8/1/1997, hired into the automotive agreement shall be paid the following wage progression effective 8/1/2013.

 

CLASSIFICATION Start Rate70% Seniority Rate75% Seniority

Plus 12 Months

100%

Yard/Shop Cleanup

(Janitor)

10.50 11.25 15.00
Car Washer 10.50 11.25 15.00
Tire Service 10.50 11.25 15.00
Stock & Parts Room 10.50 11.25 15.00
Lubrication 10.50 11.25 15.00
Steam Rack 10.50 11.25 15.00
Fueler 10.50 11.25 15.00

 

After completion of the above progression, employees shall receive the nationally negotiated hourly wage increases each succeeding year as described below:

August 1, 2013 Seventy cents ($.70) per hour

August 1, 2014 Seventy cents ($.70) per hour

August 1, 2015 Seventy cents ($.70) per hour

August 1, 2016 Forty cents ($.40) per hour

February 1, 2017 Forty cents ($.40) per hour

August 1, 2017 Fifty cents ($.50) per hour

February 1, 2018 Fifty cents ($.50) per hour

Shifts commencing between 4:00 p.m. and midnight shall be paid twenty cents (20¢) per hour in addition to rates as shown above. Shifts commencing between midnight and 5:30 a.m. shall be paid twenty-five cents (25¢) per hour in addition to rates shown above. Employees working on a shift commencing at or after 12:00 noon shall be paid the regular rate up to 4:00 p.m., and the bonus rate of twenty cents (20¢) additional per hour for all hours worked after 4:00 p.m. Shifts beginning before 12:00 noon will not be paid a premium rate for time worked after 4:00 p.m.

Working foremen shall receive twenty cents (20¢) per hour above the highest paid classification supervised.

Floor scrubbing, forklift operators, sweeping and vacuum machine operators shall receive five cents (5¢) per hour above the regular yard and clean-up (janitor) rates.

If an employee covered under this Agreement is instructed to operate a tow motor, the employee shall receive five cents (5¢) per hour above the regular yard and clean up (janitor) rate.

All classifications may be used to shift new vehicles and vehicles from one location to another for maintenance purposes. Employees shifting such vehicles shall be paid ten cents (10¢) per hour above their regular rates for the driving time only. This does not apply to cars being shifted for washing and cleaning purposes or for fueling.

Any regular employee reporting for work on any day, as directed, shall receive full pay for the employee’s regular hours, unless excused at the employee’s request.

If a regular full time employee is required to work a combination job and works in a higher paying classification job for more than one (1) hour, that employee shall be paid the higher rate of pay for the entire shift.

Employees who are requested to do painting shall be paid fifteen cents (15¢) per hour above the current lubrication rate for the time spent painting.

Refer to Exhibit “A,” attached hereto, for a description of certain job classifications.

SECTION 2 – HOURS AND OVERTIME

Employees shall work shifts of eight (8) consecutive hours each day, exclusive of lunch periods, for five (5) consecutive days each week. Employees will be assigned regular shifts and will be given five (5) days advance notice in case it is necessary to permanently change the starting time of any shift. When start times are permanently changed more than two (2) hours, the job shall be rebid, excluding employees assigned to vacation relief.

Overtime for all work performed daily in excess of eight (8) hours a day or forty (40) hours a week shall be paid at the rate of time and one-half (1½).

Sick and funeral leave days taken, as well as holidays falling within an employee’s regular work week, shall be considered as time worked for the purpose of computing overtime.

Time and one-half (1½) shall be paid for work on Sundays, when such work is extra work and does not constitute a part of the normal work week of the employee.

Time and one-half (1½) shall be paid for all hours worked by an employee on the sixth (6th) consecutive work day. Double time (2x) shall be paid for all hours worked by an employee on the seventh (7th) consecutive workday.

An employee called to work in an emergency before or after their regular shift, and having left the premises, shall be guaranteed a minimum of three (3) hours pay at their applicable overtime rate, unless he/she is called to work less than three (3) hours before their regular shift starts.  If called in less than three (3) hours before their regular starting time, then the overtime rate would apply only to the time worked prior to the regular starting time.  In this case, however, the Employee would be entitled to work his/her regular shift and would be paid the applicable shift rate of pay.

SECTION 3 – HOLIDAYS AND PERSONAL DAYS

The following holidays shall be granted without reduction in pay:

New Year’s Day Memorial Day

July 4th Labor Day

Thanksgiving Day Day after Thanksgiving

Christmas Day December 31st

Four (4) Floating Holidays

Each seniority employee shall be granted four (4) floating holidays to be taken each calendar year.  Employees hired on or after August 1, 2002 shall be eligible for the above-named holidays after one (1) year seniority with the Company.

Floating holidays and personal days shall be selected in the following manner. Floating holidays and personal days scheduled during the vacation selection process shall be guarantee time off for the employee requesting such days. Those employees not selecting during the vacation selection period may request their floating holidays at any time during the calendar year. Seniority shall prevail when the floating holidays and personal days have been selected at least ten (10) working days prior to the selection dates and time off shall be guaranteed ten (10) working days prior to the dates the floating holidays occur.

Seniority shall prevail when an excessive number of employees have chosen the same day.

The granting of floating and personal holidays may be limited during the month of December.

If the Company decides to shut down its operations in the Southern California area on another day, a floating holiday will be assigned to that day.

When a holiday falls on Sunday, the following Monday will be observed as the same.

The above holidays will be paid, regardless of what day in the week that they may fall.

Employees absent for more than thirty (30) days due to non-industrial illness or in injury will not be eligible for holiday pay. In case of industrial injury, employees absent for more than ninety (90) days will not be eligible for holiday pay.

Except as described above, an employee, to be eligible for holiday pay, must have monies earned during the week in which the holiday falls.

Employees may elect, on their anniversary date, to receive five (5) personal days off (40 straight time hours) or pay in lieu thereof. These five (5) days will be selected, under seniority procedure, by the employee as part of the employee’s vacation selection procedure and need not be taken in conjunction with other vacation weeks.  Employees hired after August 1, 2002, shall be eligible for the five (5) personal days described above after completion of two (2) years seniority with the Company.

SECTION 4 – VACATIONS

All employees covered by this Agreement shall be entitled to one (1) week of vacation with pay after one (1) year’s of continuous service with the Company; two (2) weeks of vacation with pay after three (3) years’ continuous service with the Company; three (3) weeks of vacation with pay after five (5) years’ continuous service with the Company; four (4) weeks of vacation with pay after ten (10) years’ continuous service with the Company; five (5) weeks of vacation with pay after twenty (20) years’ continuous service with the Company; and six (6) weeks of vacation with pay after twenty-five (25) years continuous service with the Company.

Vacation pay for each week of vacation shall be one-fifty-second (1/52) of the gross annual earnings of the employee during the twelve (12) month period immediately prior to the employee’s employment anniversary date. 1/52 shall be defined as all monies paid to an employee for an anniversary year, excluding unused sick pay, pay in lieu of unused vacations or personal days. National negotiated monetary bonus shall be governed by the National Negotiating Committee.

A lapse of more than thirty (30) days per year shall break the continuity of employment for the purpose of vacation eligibility.

Vacation days will be prorated.

VACATION SELECTION PROCEDURE-FOR CHOICE OF VACATION: Once a vacation list is posted, the first full week of January is allowed for the top 25% to select in seniority order; the second week of January for the second 25%; the third week of January for the third 25% to select in seniority order, and the fourth 25% to select the fourth week of January. Those not signing up in their scheduled week shall lose their choice of vacation and must take what is left. In those operating centers where there are part-time and full-time employees, the Company will post separate vacation lists.

Earned vacations, for the vacation period scheduled, shall be paid for during the week prior to the date the vacation is taken. If vacation is not taken, such earned vacation monies will be paid on the employee’s anniversary date of hire. Vacation pay will be paid on a separate check.

When a holiday falls within an employee’s vacation period, he/she shall receive one (1) extra day of vacation or pay in lieu thereof by mutual agreement.

Vacations shall be granted between January 1st and December 31st.

By seniority, a minimum of fifteen percent (15%) of the eligible members in each location shall be allowed time off for earned vacation per week during the months of June, July and August.

The Employer shall have the right to hire vacation relief employees for the purpose of covering regular employees on vacation during the months of June through August, inclusive, of any year. Vacation replacements shall not have such time counted towards attaining seniority. Vacation relief period shall be defined as the Tuesday following Memorial Day through the Friday preceding Labor Day.

Vacation weeks earned during the current vacation period, declared for sellback, shall be paid two (2) weeks after the employee’s anniversary date of hire. Vacation pay will be paid on a separate check.

Employees who have earned vacation week(s), not selected during the vacation selection period, may elect to sell back those unscheduled weeks at any time.

After one (1) year of employment, vacation allowances will be prorated on a monthly basis and paid in the event of separation from the Company.

An employee who retires from the Company, and is entitled to receive payment for prorated unused vacation, shall also be paid a separate additional cash payment equal to the total pension contributions which the Company would have been required to make on behalf of the employee had the employee utilized all accumulated unused vacation prior to retiring (i.e. the number of prorated unused vacation hours multiplied by the hourly pension contribution rate in effect at the time of payment as illustrated in the following example – 40 hours x $6.60 per hour = $264.00).

SECTION 5 – HEALTH AND INSURANCE COVERAGE

Employees hired on or after October 1, 1993, and their eligible dependents, shall become eligible for this coverage six (6) months after their seniority date.

For those full-time or part-time employees who have received health and welfare benefits from the Company Health & Welfare Plan, benefits on and after January 1, 2014 will be provided by Teamsters Western Region and Local 177 Health Care Plan in accordance with the Letter of Agreement on the Teamsters Western Region and Local 177 Health Care Plan dated September 6, 2013.  The Company will continue to provide health & welfare benefit coverage under the existing plan through December 31, 2013.

Any eligible employee covered by this Section who retires effective January 1, 2014 or thereafter shall be provided retiree medical benefits through the Teamsters Western Region and Local 177 Health Care Plan.

Current retirees who are receiving benefits through a UPS sponsored plan  shall receive coverage on and after January 1, 2014 under the terms of the Memorandum Concerning UPS Sponsored Plans, attached to the National Master Agreement.

SECTION 6 – METHODS OF OPERATION

The Company’s rules, regulations, practices and methods of operation heretofore in effect shall continue in full force and effect at the option of the Company.

The Union agrees that nothing in this Agreement shall preclude the Company from continuing or establishing any method of compensation which results in paying any employee more than he would receive at the regular basic rate and overtime applying to such type of work.

The Company shall continue the present policy of allowing employees to take rest breaks.

SECTION 7 – SENIORITY

When a reduction of force is necessary, the least senior employee in that classification, within that Local Union’s jurisdiction, shall be the first employee laid off, provided the employee(s) retained are qualified to perform the work involved. The last employee laid off as provided for above, will be the first employee rehired, provided that acceptance of the job must be received by the Company within forty-eight (48) hours after notice is sent to the employee.

An employee unable to report for work due to a proven illness or injury shall retain seniority for a period equal to such employee’s length of service with a one (1) year maximum.

Job openings in classifications covered by this Agreement will be posted for bid among employees within the facility they work. Rules for bidding shall be as follows:

  1. Job openings will be posted including general job description, hours of work and workweek for seventy-two (72) hours. Those desiring to fill said openings shall sign their names on the posted bulletin.
  2. The vacancy shall be filled by the most senior bidder, provided the senior bidder can demonstrate his qualifications to perform the work of the vacancy.
  3. A successful bidder for an opening may not bid again on subsequent openings for a period of six (6) months following reassignment.
  4. Employees may bid the original opening. The opening created by the successful bidder will be bid, provided there are no requests for transfers to be honored. Thereafter, the Company will make assignments to fill subsequent openings.
  5. Employees may bid openings within their Local Union area, only.

In the event of a complete building re-alignment, porters covered by this Agreement shall be given the opportunity, in accordance with their seniority, to bid the new defined areas. It is understood that daily work assignments and coverage for disability, vacation, etc., will not be affected by this paragraph.

It is agreed that needs for vacation relief or permanent openings, under this Agreement, will be filled from members on the layoff list, by seniority. Appropriate notice will be given.

SECTION 8 – TRANSFER REQUESTS

Each location is to be provided with “Request for Transfer” forms for the convenience of those who desire to transfer from one facility to another within their district. The requesting employee will be given a form to complete by his manager. The completed form will state the type of job requested and the new location desired. The form will be forwarded to the personnel office and will be held in their file for ready reference when openings occur in the various facilities. Employees with good records will be given first consideration to fill openings before new people are placed in new jobs, if such jobs are believed to be regular, and if not filled by an employee who has successfully bid on the job.

A notation will be made on the employee record U6150 when transfers and requests for full time employment are approved and/or disapproved. All such notations shall be signed by the immediate supervisor and the employee involved. A list of such requests shaft be maintained in the Company’s personnel departments.

SECTION 9 – DISABILITY AND SICK LEAVE

Fifty-six (56) hours of straight-time pay (seven [7] eight [8] hour days) will be allowed for each regular full-time employee who has completed one (1) year seniority with the Company.

Each employee will be allowed seven (7) days (at the daily guaranteed rate of pay) on each succeeding sick leave anniversary date.

On the employee’s anniversary date, he/she shall have the option to:

  1. Accumulate any/all sick leave days, to a maximum of sixty (60) days.
  2. Receive pay for any/all accumulated unused sick leave.
  3. Use in conjunction with vacation time earned, as described below:

At the end of each succeeding twelve (12) months, any unused sick pay may be accumulated, paid, or used in five (5) day segments in conjunction with vacation time off at the option of the employee. These five (5) days, forty (40) straight time hours, may be selected under the same procedure by the employee as part of the employees next vacation selection period. When unused sick leave is paid, it shall be paid at the rate of pay at which it was earned.

Sick pay contribution shall be allocated under the following conditions:

  1. Sick pay to be allowed for the first (1st) day of any period of absence from work due to a bona fide sickness or disability and shall start when an employee leaves the job because of injury on the job, provided the service of a physician are necessary.
  2. An employee unable to work because of sickness or disability must notify the Company one (1) hour or more before the employee is scheduled to report for work, unless conditions make it impossible to give such notification, and sickness shall be deemed to have commenced at the time the Company is so notified, unless notification is impossible.
  3. No employee shall be entitled to disability leave pay when the sickness or injury is due to intoxication or the use of narcotics, nor shall it apply in case of injury while working for another employer or while self-employed for profit or compensation.
  4. No employee shall be requested to have a medical release, from their physician, unless the employee has been on sick leave five (5) consecutive days or more, or in the event of any personal injury.
  5. Sick leave pay may be integrated with Workmen’s Compensation or Unemployment Compensation Disability Benefits, when requested. An employee who is receiving such benefits shall be paid the difference between such benefit payments and his straight-time weekly earnings for each week such benefit payments are made.
  6. Prorated unused sick leave pay will be paid in cases of separation from the Company after one (1) year employment. An employee who retires from the Company, and is entitled to receive payment for prorated unused sick leave pay, shall also be paid a separate additional cash payment equal to the total pension contributions which the Company would have been required to make on behalf of the employee had the employee utilized all accumulated unused sick leave pay prior to retiring (i.e. the number of prorated unused sick leave pay hours multiplied by the hourly pension contribution rate in effect at the time of payment as illustrated in the following example – 40 hours x $6.60 per hour = $264.00).
  7. A lapse of more than thirty (30) days per year shall break continuity of employment for the purpose of sick pay eligibility. Sick pay days will be prorated.

SECTION 10 – PENSION BENEFITS

Pension contributions payable into the Western Conference of Teamsters Pension Trust Fund, for the account of each full-time employee of the bargaining unit shall be paid for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year.

For probationary employees hired on or after August 01, 2002, the Employer shall pay an hourly contribution rate of ten cents ($0.10) (including $0.01 for PEER/80 for full-time employees) during the probationary period as defined in Article 4 of the WRT/UPS Supplemental Agreement, but in no case for a period longer than the first ninety (90) calendar days from an employee first date of hire.  If and when this period is completed, the full standard contribution rate shall apply.  Contributions shall be calculated on the same basis as described in this Article.

Effective on the date indicated below, the Employer shall pay total contributions split between amounts for accrual of benefits and amounts for PEER 80 under the Program for Enhanced Early Retirement (PEER).  The contributions require to provide PEER 80 will not be taken into consideration for benefit accrual purposes under the plan.  The contributions for PEER 80 must at all times be 16.5% of the basic contributions and cannot be decreased or discontinued at any time.

The following pension contribution rates are applicable to Local Union Nos. 63, 186, 542, 952 and 986.

Effective August 1, 2013, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate of $9.85 per hour for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year.

Effective August 1, 2014, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2014 contribution rate of $9.85 per hour.

Effective August 1, 2015, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2015 contribution rate.

Effective August 1, 2016, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2016 contribution rate.

Effective August 1, 2017, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2017 contribution rate.

The following pension contribution rates are applicable to Local Union No. 396, 481 and 495.

Effective August 1, 2013, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate of $10.00 per hour for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year.

Effective August 1, 2014, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate  for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2014 contribution rate of $10.00 per hour.

Effective August 1, 2015, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2015 contribution rate.

Effective August 1, 2016, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2016 contribution rate.

Effective August 1, 2017, the Company shall pay into the Western Conference of Teamsters Pension Trust Fund, on account of each employee working under this Agreement an hourly contribution rate for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year. The amount of the hourly pension contribution increase will be determined in accordance with Article 34 of the National Master Agreement and will be added to the 7/31/2017 contribution rate.

SECTION 11 – SAVINGS

Effective August 1, 2013, The Company and the Union agree that the contribution at the rate of ten cents (10 cents) per compensable hour into the Pacific Coast Benefits Trust (herein “Trust”) on behalf of all employees covered under this Addendum shall be diverted back to the Company and used by the Union as a partial payment to “buy” the following increased pension benefit;

Pension contributions payable into the Western Conference of Teamsters Pension Trust Fund on account of each full-time employee of the bargaining unit shall be paid for each hour for which compensation was paid (all compensable hours) up to a maximum of 2080 hours per calendar year.

This is done in accordance with the terms and provisions of Article 30 – Health and Welfare and/or Pension of the Western Region of Teamsters/United Parcel Service Supplemental Agreement, and the terms and conditions of the Western Conference of Teamsters Pension Trust Fund.

The existing Pacific Coast Benefit Trust Fund accounts of all employees covered by this Addendum shall continue to exist in accordance with the terms and conditions of the Pacific Coast Benefit Trust Fund, however, these accounts shall have no new contributions as of August 1, 2013.

SECTION 12 – TRUST FUND ACCEPTANCE

Holidays, sick pay and vacation time paid for but not worked shall be considered as time worked for the purpose of Sections 10, 11 and 12, but no payments shall be made for overtime hours, unused sick pay benefits or prorated payments made in cases of separation from the Company.

The Company shall not be obligated to make payments into the Trust Funds of amounts in excess of those which are deductible from gross income by the Company under Section 404 of the Internal Revenue Code.

The total amount due for each calendar month shall be remitted in a lump sum not later than the 20th day of the following month.

The Company agrees to abide by such rules as may be established by the Trustees of the respective Trust Fund to facilitate the prompt and orderly collection of such amount and the accurate reporting of such amounts paid on account of the employee.

Failure to make the payments herein provided within the time specified shall be a breach of this Agreement.

SECTION 13 – TOOL INSURANCE

The Employer shall be responsible for the reasonable value of an employee’s tools stolen from the premises of the Employer while such premises are closed for business or when the mechanical department is closed for business, or when the tools are secured by being locked up either during normal working hours or when the building is closed, or by reason of fire on the Employer’s premises at any time, or for damage to the employee’s tools or tool box caused by an unforeseen accident. The employee will pay the first $25.00 on each such loss. The Union agrees that the Employer has the right to institute reasonable rules for the purpose of providing protection against unwarranted claims under this provision. Those rules shall include, but not be limited to, requirements for tool inventories, audits of tool inventories, restrictions on the removal of tools from the Employer’s premises, and proper safeguarding of tools by employees. The employee must keep his tools locked up when he is absent from the mechanical department. The employee must notify the Employer whenever he removes his tools from the Employer’s premises.

Auto and maintenance mechanics shall receive an annual “tool allowance” of One Hundred Dollars ($100.00) payable each year on December 1st, provided the employee has sixteen hundred (1600) paid hours within the previous twelve (12) months.

SECTION 14 – EMPLOYMENT AND DISCHARGE

The Union agrees that the Company’s business is of a specialized character which requires different and varied experience from that of other members of the Union. The Company shall have the right to hire any person who is eighteen (18) years of age and who is a citizen of the United States or who has legally declared his intention of becoming a citizen. All such new employees, as well as present employees covered by this agreement, if not already members of the Union, shall become members of the Union on the thirty-first (31st) day of continuous employment or thirty-one (31) days following the execution of this Agreement, whichever is later, and shall become and remain a member in good standing of the Union as a condition of continued employment.

The Employer shall not and the Union shall not discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of race, religion, color, sex, national origin and/or age, as otherwise provided by law. Where the pronouns “he” or “she” or any other pronoun designating sex are used in this Agreement, it shall be deemed to refer to either/or both sexes.

The Company shall be the sole judge of the competency and qualifications of its employees, and reserves the right to discharge any person in its employ not deemed by it to be satisfactory. However, before the Company discharges a seniority employee, it agrees to notify the Union of its intention and will discuss the grievance with the Union and the employee.

The exception to the above rule will be cases of:

  1. Proven dishonesty;
  2. Drinking of alcoholic beverages while on duty;
  3. Recklessness resulting in a serious accident while on duty;
  4. The carrying of unauthorized passengers;
  5. Unprovoked assault on an employee or a supervisory employee while on duty;
  6. Selling, transporting or use of illegal narcotics while in the employment of the Employer;
  7. Willful, wanton or malicious damage to the Employer’s property.

The Union agrees that the Company will be notified not less than seventy-two (72) hours before any employee of the Company, a member of the Union, be taken off the job because of his failure to maintain good standing in the Union.

The Employer recognizes the employee’s right to be given requested representation by a steward, or designated alternate, at such time as the “employee” reasonably contemplates disciplinary action, unless specifically waived by the employee, in writing, with a copy to the Union.

The Employer recognizes the right of the Local Union to designate job stewards and alternates from the Employer’s seniority list.

Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated drug testing are only subject to reasonable cause testing. Reasonable cause is defined as an employee’s observable action, appearance or conduct that indicate the need for a fitness-for-duty medical evaluation. Refusal to submit to a reasonable cause drug test is a dischargeable offense.

SECTION 15 – SETTLEMENT OF CONTROVERSIES

(Where applicable) See Western Conference of Teamsters-United Parcel Service Supplemental Agreement (Articles 25, 26, 27 and 28).

SECTION 16 – FAMILY AND MEDICAL LEAVE ACT (FMLA)

All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past 12 months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.

Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one-half (½) of the time provided by the FMLA.

Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following reasons:

  1. Birth of a child;
  2. Adoption, or placement for foster care;
  3. To care for a spouse, child, or parent of the employee due to a serious health condition;
  4. A serious health condition of the employee.

The employee’s seniority rights shall continue as if the employee had not taken leave under this Section, and the Employer will maintain health insurance coverage during the period of the leave.  The Employer may require the employee to substitute accrued paid vacation or other paid for leave for any part of the 12/6 week leave period.

The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins if the need for leave is foreseeable.  If the leave is not foreseeable, the employee is required to give notice as soon as practicable.  The Employer has the right to require medical certification of a need for leave under this Act.  In addition, the Employer has the right to require a second (2nd) opinion at the Employer’s expense.

The provisions of this section are in response to the Federal Act and shall not supersede any state or local law which provides for greater employee rights.

SECTION 17 – MATERNITY/PATERNITY LEAVE

It is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her doctor shall determine that she is physically unable to return to her normal duties and maternity leave must comply with applicable state and federal laws.

A light duty request, certified in writing by a physician, shall be granted in compliance with state and federal laws, if applicable.

Paternity leave shall be granted in accordance with Article 16, Leave of Absence, Section 6, Family and Medical Leave Act of the National Master with the exception of employees not able to meet the qualifications set out in Section 6, who shall be granted leave not to exceed one (1) week.

Notwithstanding any provision to the contrary in any Supplement, Rider or Addenda, an employee shall be allowed to designate in any vacation year paid time off up to twenty (20) days, to be used in the next vacation year, in accordance with this paragraph.  Any paid time off that is provided on a weekly basis can only be banked in weekly increments.  The accrued paid time off may be used in the next vacation year to cover any period of time that (1) the employee is determined to be unable to perform her job due to pregnancy (for the father, time off is requested due to the birth) and (2) is not covered by the FMLA, existing disability plans or other paid time off.  If the accrued time off is not used in that year, it will be paid to the employee within two weeks of the request.  If the vacation is not used as part of the leave, and it would have originally been taken in that vacation year, the employee shall also have the option of rescheduling the unused vacation as time off in accordance with local practice.

SECTION 18 – TERM OF ADDENDUM

THIS ADDENDUM shall become effective August 1, 2013 and remain in effect through July 31, 2018.

All current Letters of Understanding shall be renewed for the term of the Agreement.

FOR THE COMPANY: FOR THE UNION:
Tim Thompson, Company Chairman** Bob Lennox – Local 495**
Dan Guerrero George Park – Local 495
Chuck Schmidbauer Sam Stewart – Local 63
Charles Adams Ralph Dominguez – Local 63
Kimberly Ades Victor Torres – Local 481
Ron Lemke George Skrbic – Local 481
Rick Garcia

 

MEMORANDUM AGREEMENT

EXHIBIT “A”

DESCRIPTIONS OF CERTAIN JOB CLASSIFICATIONS

In order that there shall be no misunderstanding as to the various classifications of work as shown in the Agreement, the following terms are described:

  1. CAR WASHER-One whose job it is to do the complete job of watering, dusting, wiping, washing, polishing, oiling and fueling such cars as may be assigned. It includes driving cars to and from their storage locations and to the wash rack.
  2. TIRE SERVICE-One whose duties are divided between checking and airing tires, tire inspection, changing wheels, changing tires, repairing tubes and making tire road calls. Also keeps tire records. If flat tire occurs and a qualified member of this Agreement is on duty and available, he will be permitted to make road calls and change the tires.
  3. LUBRICATION-One whose job it is to grease equipment, change oil, change air and oil filters, pack front wheel bearings, pack universal joints, change and flush transmission and rear end gear boxes, check oil, check and service water and lights, wash windows of cabs, check service brake fluid and emergency road service.
  4. STEAM RACK-One who steams all equipment and parts, steams all vehicles, trailers and other equipment.
  5. FUELER One who fuels all equipment, checks and services oil and water, and drives vehicles in connection with fueling.
  6. STOCKROOM-One who receives parts, issues parts and tools, keeps stock and inventory records, keeps stockroom in clean condition and assists Parts Room Manager.
  7. YARD AND SHOP-One who washes and cleans floors, windows, CLEAN-UP rest rooms and engages in general house-keeping and yard cleanup.

It is agreed that the Company may make changes in the descriptions of those job classifications as conditions warrant.

This Memorandum is an Agreement to the Addendum between UPS, hereinafter referred to as the “Company,” and the following Local Unions, where applicable, 63, 186, 396, 481, 495, 542, 952 and 986 affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union.”

The Company hereby recognizes the Union as the collective bargaining agent for auto mechanics and maintenance mechanics employed by it in connection with its package delivery operations in San Diego County, only. The rates of pay applicable to such employees will be as follows:

CLASSIFICATION Top RateEffective

8/1/2013

Top RateEffective

8/1/2014

Top RateEffective

8/1/2015

Top RateEffective

8/1/2016

Top RateEffective

2/1/2017

Top RateEffective

8/1/2017

Top RateEffective

2/1/2018

Journeyman

Auto Mechanics

33.92 34.62 35.32 35.72 36.12 36.62 37.12
Journeyman

Maintenance Mechanics

33.92 34.62 35.32 35.72 36.12 36.62 37.12

 

APPRENTICE RATES

1st Six Months – 65% of the Journeyman Rate

2nd Six Months – 75% of the Journeyman Rate

3rd Six Months – 80% of the Journeyman Rate

4th Six Months – 95% of the Journeyman Rate

Employees who were hired into the Journeyman classifications, described in this Addendum, on or after August 1, 2008, shall be paid in accordance with the following wage progression schedule.

Effective Dates Start   6 month 1 year 18 months 2 years
August 1, 2013 23.412 25.084 26.756 30.101 33.445
August 1, 2014 23.412 25.084 26.756 30.101 34.145
August 1, 2015 23.412 25.084 26.756 30.101 34.845
August 1, 2016 23.412 25.084 26.756 30.101 35.645
August 1, 2017 23.412 25.084 26.756 30.101 36.645

 

When a reduction in force is necessary, for Automotive/Maintenance Mechanics, the least senior employee in that classification, within that Local Union’s jurisdiction, shall be the first employee laid off, provided the employee(s) retained are qualified to perform the work involved.

Except as provided herein, the other terms and conditions of the Collective Bargaining Addendum will apply to these employees.

FOR THE COMPANY:

Tim Thompson

FOR THE UNION:

Robert M. Lennox

 

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