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HomeMy WebLinkAboutMINUTES - 06021998 - D4 ........I.................I..........I.......... ...................................................... DA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: June 2, 1998 MATTER OF RECORD SUBJECT: PUBLIC COMMENT Mr. Dale Robbins, 2727 Alhambra Avenue, Martinez, representing Teamsters Union Local 315, spoke on negotiations with Browning Ferris Industries and overweight garbage trucks. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION TAKEN 1 RANDOM SAMPLING OF BFI TRUCKS FOR WEEK OF 4120198 1'c Trtp 2 Truck No. Weight Overweight Weigh Overweight In Tans 813 26.97 1.47 24.30 813 27.31 1.81 29.20 3.7 813 27.60 2.10 25.56 .6 813 25.61 1.11 27.43 1.93 813 25.81 0.31 13.20 • 824 12.11 1.61 13.83 3.33 647 25.20 1.00 19.75 - 647 25.20 1.00 810 28.35 2.86 28.51 3.01 ' 814 28.29 2.79 27.14 1.64 j 810 28.84 3.34 25.97 .47 810 27.95 2.45 25.88 .38 814 25.78 0.28 25.13 643 25.91 0.91 23.51 « 815 26.01 4.51 « 834 28.51 3.01 834 26.30 0.80 - « 811 26.64 1.14 27.81 2.31 811 28.61 3.11 29.48 3.98 811 28.75 3.25 09.70 811 26.34 0.84 28.02 2.52 811 27.87 2.37 26.98 1.48 643 12.25 0.50 10.65 .66 807 13.10 2.60 807 11.31 0.81 « 826 13.59 3.09 11.96 1.46 826 12.17 1.67 12.02 1.52 f RANDOM SAMPLING OF BFI TRUCKS FOR WEEK OF 4/12/98 Ist Trig Z' Tr:© Truck No. Weight Overweight Weight Overweight In Tons 817 10.50 - 13.20 2.70 817 11.30 0.80 12.35 1.85 810 12.89 2.39 11.31 0.81 810 10.66 0.16 09.20 - 813 25.37 - 28.05 2.65 813 27.23 1.73 24.73 - fti { e � y . i ,S d f Specific functions and rules for Stewards mutually agreed upon between the Union and the Company 1r are to be posted at each location. Section 3. The Company agrees to provide an enclosed bulletin board which may be used by the Union for posting of notices and which are: a. Notices of Union meetings; b. Notices of Union elections and results.- C. esults;c. Notices of Union appointments; d. Notices of grievance resolutions and Union newsletters and bulletins. and e. Other official Union business. The Company will keep one key and the other, key will be kept by the business representative. All such notices shall be signed by an authorized representative of the Union. There shall be no other . general distribution or posting by employees of any kind of literature upon Company property other than as herein provided without permission of the Company. All such notices must be on Union letterhead and signed by an authorized representative of the .- " Union. There shall be no other general distribution or posting by employees of any kind of literature i upon Company properry, other than as herein provided. Section 4. Official Union Seniority. Any employee who is elected or officially appointed to office Q in the Union,which office requires his absence from the Company's service, shall be granted a leave of absence not to exceed three(3) years,without loss of seniority,entitling him upon retirement from a such office to reinstatement consistent with his seniority. Employees on such Leave shall not be eligible for any benefits under this contract. ARTICLE VI NO STRIKES There shall be no strikes (including sympathy or wildcat strikes), sit-downs, slow-downs, work stoppages, boycotts, any acts honoring a picket line or any other acts that interfere with the Company's operations or the production or sale of its products or services during the term of this Agreement by the Union, its officers, agents and members, or by the employees. The Union agrees that it will not authorize, ratify, or condone any strike or any other activity described herein. In the event of any strike or any other proscribed activity not',authorized, ratified, or condoned by the Union, the Union and its officers,agents, and representatives will make every good faith effort to end such activity. 4 .. __ elfAny emplovee(s) participating in any activity proscribed herein shall be subject to disciplinary action. including discharge. ARTICLE VTI W:�GES :�`iI> Hfl r wages listed below shall be effective from and after the clay and date this collective bargaining eement is signed by both parties to the agreement. Pitot vea 4th v s j Drivers 20.48 21.09 21.51 21.94 Helpers 20.24 20.84 21.27 21.69 Casual 12.15 12.51 12.76 13.04 Front End Loader 20.48 21.09 21.51 21.94 Sweeper 20.48 21.09 "21.51 21.94 Box Truck Driver 20.33 21.46 21.89 Cart Delivery 16.67 17.17 17.52 17.87 {� Section l. Hourly wage rates include wages directed for P.E.E.R. contribution, currently set at .11 t'1 per hour. There will be a separate wage schedule for new hires in the helper classification. That wage schedule will be an amount that shall be as follows: 1 st six months - 80% 2nd six months - 85% fl. 3rd six.months - 90010 4th six months - 95z% 5th six months - I M,o Employees from the recycling division who fill positions under this agreement will be paid at the full helper or driver classification rate of pay. Section 2. Eight(8) hours, exclusive of lunch period shall constitute a day's work, forty (40) hours r shall constitute a week's work. The provisions of this :article are intended merely to provide for normal hours of work and to provide a basis for determining the number of hours of work for which tan-e=lnvee shall be paidat ny nothing herein shall be co as a g the Company of any specified number of hours of work per day or per week or as a limitation on the hours of work per day or per week. 5 _. . _....._. _.... ...._.... ... .... . ....... ........................................................................... .... ......... .................................. _ r An unpaid lunch pentad shall be provided on each shift. T're Company shal8esignate the tfine and length of said breik period. Employees will be entitled t two (2) tiftee 15) minute c ee breaks to be taken hal, av through the-first and second fo ours of emplo meet. These eaks will not be combined r taken with 1 ch. The Company shall have the exclusive right to establish new shifts in addition to the shifts in Danvy at the time this agreement was executed and to assign emplovees covered by the agreement t e=commencl-=Mentof he exclusive right to establish and. from time to time, change the hours forf work for shift. for different job classifications.'and for individual emclassification. n All regular employees. except as noted below, shall be guaranteed eight (8) hours per day and forty I-� (40) fours per week, !Monday through: Friday, inclusive. All. box.Truck Drivers shall be -guaranteed eight(8) hours per day and forty (40)'hours per week and "r A' shall be paid time and one-half-(l /) for the sixth day worked and double (2) time for the se•.enth (7th) day worked and the workweek shall be anv five (=) consecutive days. KBox Truck Drivers working on Saturday and/or Sunday as part of their five (4) consecutive days of work will not drop or pick up debris box at a residential location(single family home or apartment complex of six or less units) on such Saturday or Sundav should receive appropriate overtime pay. ' The regular workday for all employees shall be nL� nsecutive hours with ona hour for A i--z ' "lunch. Emplovees will receive two fifteen minute coffee breaks to be taken half-way through the first t:xo and second four hours of employment. 'r'Jj zj, �a�►1,4�t:.:e� v r1.. ''�+�l<�,.,r 'W"t�Lj �„�,i,e►r'� �' Garbage drivers shall be allowed to go home after completion of their routes unless the Company at its discretion requires that they assist in running other routes or in performing)other work covered by this agreement. The Company will attempt to spread such additional work among all garbage drivers. The Company may hire casual employees in order to cover employee absences and to handle temporary increases in the work Ioad. Individuals hired on a causal basis will be paid 8401% of the " full helper rate and be entitled to overtime payment. An individual hired on a'casual basis will be 1 told that he is a casual temporary employee. Casual employees cannot work for a period of over Six (6) consecutive months. With the sole exception of pension contributions, a casual employee will not receive any other benefits or payment under this Agreement. Casual employees are guaranteed eight(8)hours for each day worked, but are not guaranteed forty (40) hours per week. 6 1k q accommodation to a qualified employee if the accommodation is contrary to the terms of this agreement or-a Supplement, Rider, or Appendix. Further, the Union acknowledges that the Company's obligation to 'provide reasonable rf� accommodation exists independent of any other provisions in this or any other)Agreement between 1 the union and the Company. Eshall :nn d the Company will cooperate to maintain a safe work environment for ail its omers. Priv employee who violates any safety rule or engages in any activity pany to involve dangerous or reckless conduct toward any person or property discharged. Any employee discharged under this Section shall not have lnkY nce and Arbitration procedures of this Agreement. Traffic Citati s. An emvloyee who drives anyXnpang vehicle' shall be required to maintain a safe •ving r cord, both personal dompany tu.1spena viy employee receiving a traffic ti while driving his,`her pe shall be for shim (_t0) days without pay. mployee receiving a secoation while driving t er personal vehicle shall bei dig 'ydischarged. Any empng ary traffic cit fon wh driving a Company vehic shall be ' . ediately dischargeee charged th a D.U.I. w 'ger on working time or on his/her personal time shall be discharged. Any emp vee discharged under this Section shall not have recourse to the Grievance and Arbitration procedures of this Agreement. Funeral Leave. In the event of the death of an employee's parent, spouse, child. brother or sister, grandparent.stepparent,stepchild,mother-in-law or father-in-law and brother-in-law or sister-in-law, the employee will be granted a leave of absence with pay not to exceed three (3) days falling between the date of death and the date of the funeral. The compensable day or days must fall within the employee's regular scheduled work week. The purpose of the funeral leave is to enable the ! bereaved employee to attend the funeral.No funeral leave benefits shall be given during the vacation period of any employee. If an emplovee attends a funeral held outside the State of California, the employee will be entitled to an additional two (2) days of funeral leave. Such leave is to be taken in accordance with all provisions of this section. .Jury Duty. An employee who is summoned and reports for jury duty shall receive the difference between jury pay and his regular daily straight time rate of pay for the day on which he misses work 1 because of reporting for jury duty for a maximum of five days per year. The employee will not, under any circumstances,receive more than a day's pay at his regular daily straight time rate. He cannot receive pay for working and jury duty pay. An employee is required to do everything possible to work for as much of his shift as possible,unless excused by the Company. If the employee is to report to fury duty mid-day or is released from jury duty early, he is to come to work immediately unless excused by the Company. 19 _. ......... ......... ......... ......... ......._. ......... 11.11 . .. ........ ........ ........ ........... .........._......._..............._..._... ......... ....1111. Pension Fund during the period of absence. However. the acceptance of such monies and the level of benefits provided shall be at the sole discretion of the Board of Trustees. Section y. Delinquent Contributions. Action for delinquent contribution's may be instituted by Local Union or the .Area Conference of Trustees. Companies who are delinquent must pay all attorney's fees and the cost of collection. Section 4. Posting Notice. The Company shall post on the Union's bulletin beard a duplicate copy of reporting fort, sent to the administrator's office of payment made to the Western Conference of Teamsters Pension Trust Fund on behalf of the employees at the time payments are made. Section 5. P.E.E.R. Program. The contributions required to provide the Program for Enhanced Early Retirement will not be taken into consideration for benefit accrual purposes under the plan. The additional contribution for the P.E.E.R. must at all times be 6-5% of the basic contribution and cannot be decreased or discontinued at any time. ARTI E XX WAIVER j Section_ 1. The parties hereto acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; and all such subjects have been discussed and negotiated upon; and the agreements contained in this agreement were arrived at after the free exercise of such rights and opportunities. Therefore, the Company and Union, for the life of this .,Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject matter not',specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parries at the time they negotiated or signed this Agreement. IN WITNESS WHEREOF, we ve hereunto set our hands and seals this day of , 19 Browning Ferris Industries, Inc. International Brotherhood of Teamsters Local 73 15 21 _._. . _._..... ......... ......... ......... ......... .......__.. ..... . . _ ....... ........ ....._.... ........ .........._. .............. ........... .._..__.. ......... ......... ......... q 'V J UNION PROPOSAL 515198 An accredited representative of the Union may visit the Company's facility during normal business hours at the representative's own risk and with reasonable advance notice to the District Vice President or his/her designee. Before beginning his/her business at the facility, the Union representative shall first announce his/her arrival to the District Vice President or his/her ;designee. Such representative shall not interfere in any way with or interrupt the operation of the Company's business, nor cause any lost time by employees during such visit. Employees shallnot conduct Union business while on Company time. Should an arbitrator determine that any accredited representative of the Union has abused the above access rights, such representative may have his/her rights of access suspended for a reasonable period. ......__....111.1_ ......... ......... ......... ......._ ......... ....._...._................................._.......................... .......... ........ ........ ............ ......... ........ ...._..... ......... ....... ....... _...... ........ �r UNION PROPOSAL 3126196 STRIKES The Union agrees that during the life of this Agreement, it will not engage in any strike, slow down, or work stoppage, and because of the service rendered by the Employer and the penalties imposed upon it by law in the event of its failure to perform such service, the Union will not engage in any sympathetic strike. UNION PROPOSAL 5111198 LICENSE SUSPENSIONS if an employee loses his license for a period of thirty (30) days, or less, he will be suspended, without pay, for the period of this license suspension. Any employee who loses his license for a period greater than thirty (30) days will be terminated. 5/11/58 UNION COUNTER TO COMPANY PROPOSAL OF 3/3/98 SAFETY The Union and the Company will cooperate to maintain a safe work environment for all its customers and its employees. Any employee who violates any safety rule may be subject to discipline in accordance with the discipline/discharge procedures of Article For the duration of this Agreement, the Company agrees that it will continue to have an Injury and Illness Prevention Program. Unit employees will be given notice of the procedures required by this program. A joint labor-management safety committee shall be established to monitor this program and review proposed changes to it. Disputes over safety conditions affecting unit members shall be subject to the grievance/arbitration procedures of this Agreement. UNION PROPOSAL 5121/98 TRAFFIC CITATIONS The parties acknowledge that drivers should not be required to violate traffic laws or overloading regulations. Within ninety (90) days of the effective date of this Agreement the Employer shall install weighing devices in each truck. Such devices shall be maintained in full working order so as to accurately measure the weight of the truck and the load. Thereafter, drivers will be expected to notify the dispatcher when the load approaches the legal limit and shall proceed directly to the Transfer Station. The Employer shall be responsible for any overweight citations ;unless the driver failed to observe the above procedures, in which event the driver may be subject to discipline in accordance with the provisions of Article (Discipline and Discharge).