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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

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2
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4
AGREEMENT
5

7 LOS ANGELES COUNTY


8 METROPOLITAN TRANSPORTATION
9 AUTHORITY
10

11 &
12

13 AMERICAN FEDERATION OF STATE,


14 COUNTY AND MUNICIPAL
15 EMPLOYEES UNION
16 LOCAL 3634
17

18

19

20

21

22 Effective July 1, 2008 to June 30, 2011


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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 TABLE OF CONTENTS
2
3 PREAMBLE...................................................................................................................... 1
4 CONTRACT BETWEEN LACMTA & AFSCME ................................................... 1
5 ARTICLE 2 ....................................................................................................................... 3
6 TERM/EFFECTIVE DATE/TERMINATION DATE.............................................. 3
7 2.1 Duration and Termination............................................................................... 3
8 2.2 Requests to Modify ......................................................................................... 3
9 ARTICLE 3 ....................................................................................................................... 4
10 FULL UNDERSTANDING ......................................................................................... 4
11 ARTICLE 4 ....................................................................................................................... 5
12 SAVINGS CLAUSE...................................................................................................... 5
13 ARTICLE 5 ....................................................................................................................... 6
14 SECURITY.................................................................................................................... 6
15 5.1 Agency Shop................................................................................................... 6
16 5.2 Discharge for Non-Membership or Non-Payment of Service Fee.................. 6
17 5.3 Notification of Bargaining Unit Employees ................................................... 6
18 5.4 Payroll Deduction of Dues & Other Items...................................................... 6
19 5.5 Information to Employees............................................................................... 7
20 5.6 AFSCME Indemnification of LACMTA........................................................ 7
21 ARTICLE 6 ....................................................................................................................... 8
22 CONTINUITY OF SERVICE ..................................................................................... 8
23 6.1 No Work Stoppage.......................................................................................... 8
24 6.2 Picket Lines..................................................................................................... 8
25 6.3 No Lockout ..................................................................................................... 8
26 ARTICLE 7 ....................................................................................................................... 9
27 BULLETIN BOARDS .................................................................................................. 9
28 7.1 Encased Bulletin Boards ................................................................................. 9
29 7.2 Use of Bulletin Boards.................................................................................... 9
30 7.3 Location and Quantity of Bulletin Boards ...................................................... 9
31 ARTICLE 8 ..................................................................................................................... 10
32 NON-DISCRIMINATION ......................................................................................... 10
33 ARTICLE 9 ..................................................................................................................... 11
34 JOINT LABOR/MANAGEMENT COMMITTEES............................................... 11
35 ARTICLE 10 ................................................................................................................... 12
36 REPRESENTATION ................................................................................................. 12
37 10.1 List of AFSCME Officers/Stewards/Authorized AFSCME Staff
38 Representatives ............................................................................................. 12
39 10.2 Working Officers/Working Stewards ........................................................... 12
40 10.3 Conducting AFSCME Business on LACMTA Property .............................. 13
41 ARTICLE 11 ................................................................................................................... 14
42 PROBATIONARY PERIOD ..................................................................................... 14
43 11.1 Application.................................................................................................... 14
44 11.2 Definitions..................................................................................................... 14
45 11.3 Procedure – New Hire................................................................................... 15
46 11.4 Procedure – Promotion ................................................................................. 15

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 11.5 Procedure – Assessment Period .................................................................... 15


2 11.6 Performance Evaluation................................................................................ 16
3 11.7 Extension of Probationary Period ................................................................. 16
4 11.8 Promotion Outside of the AFSCME Bargaining Unit .................................. 16
5 11.9 Responsibilities ............................................................................................. 16
6 ARTICLE 12 ................................................................................................................... 17
7 BEHAVIOR CORRECTION/DISCIPLINE............................................................ 17
8 12.1 Application.................................................................................................... 17
9 12.2 Procedure ...................................................................................................... 17
10 12.3 Holding Out of Service Pending an Investigation ........................................ 21
11 12.4 Review of Disciplinary Record..................................................................... 21
12 12.5 Progressive Discipline .................................................................................. 21
13 ARTICLE 13 ................................................................................................................... 24
14 PERSONNEL AND MEDICAL RECORDS FILES ............................................... 24
15 13.1 Maintenance of Records ............................................................................... 24
16 ARTICLE 14 ................................................................................................................... 26
17 GRIEVANCES AND ARBITRATION..................................................................... 26
18 14.1 Definition ...................................................................................................... 26
19 14.2 Informal Discussion ...................................................................................... 26
20 14.3 Grievance Procedure – Non-discipline ......................................................... 27
21 14.4 Grievance Procedure – Discipline ................................................................ 28
22 14.5 Grievance Procedure – Discharge................................................................. 30
23 14.6 Exclusions from Arbitration ......................................................................... 30
24 14.7 Arbitration..................................................................................................... 30
25 14.8 Time Limits................................................................................................... 31
26 14.9 Release Time for Grievance Meetings.......................................................... 32
27 ARTICLE 15 ................................................................................................................... 33
28 FLEXIBLE SCHEDULING ...................................................................................... 33
29 ARTICLE 16 ................................................................................................................... 34
30 BREAKS AND LUNCHES ........................................................................................ 34
31 ARTICLE 17 ................................................................................................................... 35
32 HEALTH AND SAFETY ........................................................................................... 35
33 ARTICLE 18 ................................................................................................................... 36
34 PROMOTIONAL OPPORTUNITIES ..................................................................... 36
35 18.1 Permanent Promotions Within AFSCME..................................................... 36
36 18.2 Temporary Promotions Outside AFSCME................................................... 36
37 ARTICLE 19 ................................................................................................................... 38
38 RAIL PROFICIENCY ............................................................................................... 38
39 ARTICLE 20 ................................................................................................................... 39
40 PAID TIME OFF ........................................................................................................ 39
41 20.1 Holidays ........................................................................................................ 39
42 20.2 Time Off With Pay (TOWP)......................................................................... 39
43 ARTICLE 21 ................................................................................................................... 40
44 SUPERVISOR RESPONSIBILITY.......................................................................... 40
45 21.1 Emergency Operation of Revenue Equipment ............................................. 40

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1 ARTICLE 22 ................................................................................................................... 41
2 SENIORITY LISTS.................................................................................................... 41
3 22.1 Classification Seniority List.......................................................................... 41
4 22.2 Bargaining Unit Seniority List...................................................................... 41
5 22.3 LACMTA Seniority List............................................................................... 41
6 22.4 Seniority Policy Guidelines .......................................................................... 41
7 ARTICLE 23 ................................................................................................................... 43
8 LAYOFF ...................................................................................................................... 43
9 23.1 Notice to AFSCME....................................................................................... 43
10 23.2 Order of Layoff ............................................................................................. 43
11 23.3 Order of Displacement.................................................................................. 43
12 23.4 Rates of Pay .................................................................................................. 43
13 23.5 Protection of Seniority .................................................................................. 44
14 23.6 Recall ............................................................................................................ 44
15 23.7 Severance ...................................................................................................... 44
16 ARTICLE 24 ................................................................................................................... 45
17 VACATION BIDDING – BUS & RAIL OPERATIONS........................................ 45
18 24.1 Facilities Maintenance and Support Functions. ............................................ 45
19 24.2 Transportation – Bus & Rail Operations ...................................................... 45
20 24.3 Maintenance.................................................................................................. 47
21 24.4 Schedule Checking Supervisor/Schedule Supervisor ................................... 48
22 ARTICLE 25 ................................................................................................................... 49
23 SELECTION OF ASSIGNMENT
24 BUS & RAIL TRANSIT OPERATION SUPERVISORS ...................................... 49
25 25.1 Classifications ............................................................................................... 49
26 25.2 Method of Shake-up...................................................................................... 49
27 25.3 System-wide Shake-up.................................................................................. 49
28 25.4 Division/Location Shake-up ......................................................................... 50
29 25.5 Shift Changes ................................................................................................ 50
30 25.6 Special Conditions for the System-wide Shake-up....................................... 52
31 25.7 Training and Assessment Period................................................................... 53
32 25.8 Vacancies – Bus & Rail Operations.............................................................. 54
33 25.9 Return to Work ............................................................................................. 54
34 ARTICLE 26 ................................................................................................................... 56
35 SELECTION OF ASSIGNMENT
36 BUS & RAIL EQUIPMENT MAINTENANCE SUPERVISORS ......................... 56
37 26.1 Selection of Work Assignments.................................................................... 56
38 26.2 Vacancies ...................................................................................................... 56
39 26.3 Return to Work ............................................................................................. 57
40 ARTICLE 27 ................................................................................................................... 58
41 VACANCIES
42 BUS & RAIL FACILITIES MAINTENANCE AND SUPPORT FUNCTIONS.. 58
43 27.1 Vacancies ...................................................................................................... 58
44 27.2 Return to Work ............................................................................................. 59

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 28 ................................................................................................................... 60
2 SELECTION OF ASSIGNMENT
3 SCHEDULE SUPERVISOR...................................................................................... 60
4 28.1 Selection of Work Assignment ..................................................................... 60
5 28.2 Vacancies ...................................................................................................... 60
6 28.3 Return to Work ............................................................................................. 61
7 28.4 Joint Labor/Management Committee ........................................................... 61
8 ARTICLE 29 ................................................................................................................... 62
9 SELECTION OF ASSIGNMENT
10 CUSTOMER INFORMATION OFFICER.............................................................. 62
11 29.1 Classification................................................................................................. 62
12 29.2 Selection of Work Assignment ..................................................................... 62
13 29.3 Vacancies ...................................................................................................... 62
14 29.4 Training & Assessment Period ..................................................................... 63
15 29.5 Return to Work ............................................................................................. 63
16 ARTICLE 30 ................................................................................................................... 64
17 COURT APPEARANCES AND JURY DUTY........................................................ 64
18 30.1 Court or Administrative Hearings................................................................. 64
19 30.2 Jury Duty....................................................................................................... 64
20 ARTICLE 31 ................................................................................................................... 66
21 OVERTIME ................................................................................................................ 66
22 31.1 Distribution of Overtime............................................................................... 66
23 31.3 Shift Protection ............................................................................................. 66
24 31.4 Non-Exempt – One and One-half time Overtime ......................................... 66
25 31.5 FLSA Exempt – Straight Time Overtime ..................................................... 67
26 31.6 Assignment of Bargaining Unit Work .......................................................... 67
27 ARTICLE 32 ................................................................................................................... 68
28 SHIFT DIFFERENTIAL ........................................................................................... 68
29 ARTICLE 33 ................................................................................................................... 69
30 TRANSPORTATION PRIVILEGES ....................................................................... 69
31 ARTICLE 34 ................................................................................................................... 70
32 UNIFORM & SAFETY SHOE ALLOWANCE ...................................................... 70
33 ARTICLE 35 ................................................................................................................... 71
34 LEAVE......................................................................................................................... 71
35 ARTICLE 36 ................................................................................................................... 72
36 WAGES AND CLASSIFICATIONS ........................................................................ 72
37 APPENDIX A.................................................................................................................. 75
38 SALARY SCHEDULE ............................................................................................... 75
39 AFSCME STEP PAY SYSTEM ................................................................................ 76
40 APPENDIX B .................................................................................................................. 79
41 DISCIPLINE & GRIEVANCE PROCESS .............................................................. 79
42 APPENDIX C.................................................................................................................. 80
43 LACMTA HR POLICY 11 – MEDICAL/DENTAL BENEFITS............................80
44 SIGNATURES..................................................................................................................82

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 PREAMBLE
2
3 CONTRACT BETWEEN LACMTA & AFSCME
4
5
6
7 This Contract was entered into between the Los Angeles County Metropolitan
8 Transportation Authority (AuthorityLACMTA) and American Federation of State,
9 County and Municipal Employees (UnionAFSCME) in a spirit of cooperation between
10 the UnionAFSCME and the AuthorityLACMTA in recognition of the need to maintain
11 safe and efficient operation of the transit system.
12
13 All matters pertaining to the management of operation, including the type and kind of
14 service to be rendered to the public, the equipment used, the maintenance of discipline
15 and efficiency, the hirehiring, promotion and transfer of employees, and their discharge
16 or discipline for properjust cause, are the prerogatives of the AuthorityLACMTA, subject
17 to such limitations thereon as are set forth elsewhere in this Agreement.
18
19 The UnionAFSCME recognizes that willful infractions of the Authority’sLACMTA’s
20 Rules and Regulations that are necessary for efficient operation will constitute cause for
21 disciplinary action. No rules or regulations at any time promulgated or enforced by the
22 AuthorityLACMTA shall be valid if they violate any provisions set forth elsewhere set
23 forth in this Agreement.
24
25 The Authority’sLACMTA’s exercise of any prerogatives of this Agreement may be made
26 the subject of a grievance.
27
28 The LACMTA recognizes its duty to negotiate any change that affects hours, wages and
29 working conditions of AFSCME members.
30
31 In negotiation for a successor contract, five (5six (6) members appointed by the
32 UnionAFSCME shall be released from duty in an unpaid status to participate in Local
33 3634 negotiations. Two (2) members shall be appointed by the Union and be released
34 from duty in an unpaid status to participate in Local 3150 negotiations. The negotiations
35 shall be conducted in a coordinated manner. The parties reserve the right to include any
36 necessary staff or consultants. On an as needed basis subject matter specialists shall be
37 released from duty to participate in particular meetings.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 1
2
3 RECOGNITION
4
5
6
7 1.1 The Los Angeles Metropolitan Transportation Authority and the Public
8 Transportation Services Corporation (herein referred to collectively as the
9 “Authority”) recognize the American Federation of State, County and Municipal
10 Employees, LocalsLACMTA hereby recognizes AFSCME Local 3634 and 3150
11 (herein referred to as “the Union”) as the exclusive representative for all of the
12 employees in the bargaining unit for purposes of collective bargaining with
13 respect to wages, hours, and terms and conditions of employment.
14
15 1.2 The bargaining unit includes employees employed by the AuthorityLACMTA in
16 the classifications listed in Article 3536 and in other classifications the Authority
17 and the UnionLACMTA and AFSCME mutually agree to add to the bargaining
18 unit.
19
20 1.3 The parties agree to negotiate over the creation of and implementation of new
21 positions, classifications and experimental projects (i.e. Rapid Bus) as it affects
22 UnionAFSCME membership.
23
24 1.4 If the AuthorityLACMTA acquires or merges with another entity, or adds new
25 service with positions or classifications with a similar community of interest to
26 those classifications certified by the State Conciliation and Mediation Service as
27 positionsclassifications in AFSCME Locals 3634 or 3150, such classifications or
28 positions will become certified in the appropriate AFSCME Local, except as is
29 provided in Section 30753 of the Public Utilities Code.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 2
2
3 TERM/EFFECTIVE DATE/TERMINATION DATE
4
5
6
7 2.1 Duration And and Termination
8
9 Except as otherwise provided herein, this Agreement shall be made effective
10 AprilJuly 1, 20012008 and shall remain in full force and effect to and including
11 June 30, 20082011, and shall continue in effect thereafter, unless notice in writing
12 of termination has been served by either party upon the other no later than one
13 hundred eighty (180) days prior to June 30, 2008.2011. If neither party so serves
14 such notice of termination, this Agreement, after June 30, 20082011, may be
15 terminated by either party serving upon the other written notice of termination no
16 later than ninety (90) days prior to the time it is proposed to make such
17 termination.
18
19 2.2 Requests To to Modify
20
21 Any requests to modify or change this Agreement, or any portion thereof, shall be
22 made in writing and shall be served on the other party no later than one hundred
23 eighty (180) days prior to June 30, 20082011, and in the event the Agreement is
24 in effect after such date by reason of the provisions of Section 2.1 hereof, not later
25 than ninety (90) days prior to the time it is proposed to make such change or
26 modification.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3
2
3 FULL UNDERSTANDING
4
5
6
7 3.1 The parties agree that this Agreement constitutes the full and final agreement of
8 the parties on all subjects covered in this Agreement.
9
10 3.2 Neither party waives any of its rights or obligations under existing State or
11 Federal law, with regard to their duty to negotiate over subjects not covered in
12 this Agreement.
13
14 3.3 Nothing in this Agreement shall be construed as preventing the
15 AuthorityLACMTA from transferring lines or service to a Transportation Zone in
16 accordance with California S.B. 1101 of the 2000 session.
17
18 3.4 The parties agree that, except as provided in S.B. 1101 of the 2000 session, all
19 issues regarding the impact on employees related to the transfer of lines or service
20 to a Transportation Zone are subject to negotiations.
21
22 3.5 Unless the Partiesparties mutually agree otherwise, neither Partyparty will seek
23 any amendments to S.B. 1101 and both Partiesparties will oppose any
24 amendments to S.B. 1101 proposed by anyone else.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 4
2
3 SAVINGS CLAUSE
4
5
6
7 In the event that any provision of this Agreement shall at any time be declared invalid by
8 any court of competent jurisdiction, the decision shall not invalidate the entire
9 Agreement, it being. It is the express intention of the parties that all other provisions of
10 this Agreement shall remain in full force and effect. The and that the parties agree to
11 meet and begin meeting within thirty days to negotiate a replacement for such
12 provisionresolution to the issues created by the Court’s decision.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 5
2
3 UNION SECURITY
4
5
6
7 5.1 Agency Shop
8
9 As a condition of employment, all current and new employees shall become and
10 remain members of the UnionAFSCME or pay the UnionAFSCME a service fee
11 in an amount not to exceed periodic dues and assessments during the period of
12 this Agreement within thirty (30) days after the effective date of this Agreement
13 or within thirty (30) days from employment in a classification included in the
14 bargaining unit, whichever is later. The UnionAFSCME shall set the amount of
15 the service fee, and it shall be implemented by the AuthorityLACMTA in the first
16 pay period after written notification by the UnionAFSCME.
17
18 5.2 Discharge for Non-Membership or Non-Payment of Service Fee
19
20 In the event any employee fails to comply with the requirements of this Article,
21 the UnionAFSCME may give the AuthorityLACMTA written notice of this fact,
22 and within five (5) days after receipt of said notice, the AuthorityLACMTA shall
23 terminate the employee.
24
25 5.3 Notification of Bargaining Unit Employees
26
27 1.5.3.1 The AuthorityLACMTA shall forward to the UnionAFSCME a copy of a
28 regularly published list of names, classifications, home addresses and
29 telephone numbers, departments, and divisions or work locations of all
30 employees and membership status in the bargaining unit. A copy of this
31 report will be provided to AFSCME at the end of each quarter.
32
33 2.5.3.2 The AuthorityLACMTA shall forward to the UnionAFSCME a copy of a
34 regularly published list of names, classifications and departments, divisions
35 or work locations of all employees leaving/entering the bargaining unit, the
36 date they are scheduled to leave and the reason that they are leaving.
37
38 5.4 Payroll Deduction of Dues & Other Items
39
40 5.4.1 Payroll deductions shall be limited to the following choices:
41 1) Union AFSCME membership dues,
42 2) Agency fees,
43 3) AFSCME, Voluntary Political Action Check off – PEOPLE
44 4) Fair share donations to LACMTA Charitable Giving Campaign.
45
46 Fair Share Donations are limited to employees with religious objections.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 Any employee who is a member of a bonafide religion, body, or sect which has
3 historically held conscientious objections to joining or financially supporting
4 public employee organizations shall not be required to join or financially support
5 the organization. Such employee shall in lieu of agency shop fees, pay sums
6 equal to said amount to a non-religious, non-labor charitable fund exempt from
7 taxation under Section 501c (3) of the Internal Revenue Code, which has been
8 selected by the employee from a list of such funds designated by the parties hereto
9 in a separate agreement. Such payments shall be made by payroll deduction as a
10 condition of continued exemption from the requirements of financial support to
11 the UnionAFSCME and as a condition of continued employment. Disputes
12 regarding the application for this provision shall be subject to arbitration.
13
14 5.4.2 The AuthorityLACMTA shall make payroll deductions for each employee
15 who executes an “Authorization for Payroll Deduction”.
16
17 5.4.3 The authorization for payroll deduction shall be made on a form approved in
18 advance by the AuthorityLACMTA.
19
20 5.4.4 In the event the AuthorityLACMTA receives from an employee written
21 revocation of the employee’s check off authorization, the
22 AuthorityLACMTA shall, within five (5) working days, notify the
23 UnionAFSCME.
24
25 5.5 Information to Employees
26
27 The AuthorityLACMTA shall inform all new hires and all employees promoted
28 into the Bargaining Unitbargaining unit, at the time of hire or promotion, of the
29 existence of this Agreement and the requirements of this provision. A unionAn
30 AFSCME officer or designee will be afforded time to meet with any employee
31 entering the Bargaining Unitbargaining unit for UnionAFSCME orientation.
32
33 5.6 UnionAFSCME Indemnification of the AuthorityLACMTA
34
35 The UnionAFSCME agrees to hold harmless and to indemnify the
36 AuthorityLACMTA for any and all costs arising from any claim or legal action
37 caused by compliance with this article.Article. Legal fees and costs incurred by
38 the AuthorityLACMTA in connection with the defense shall be subject to
39 negotiation and/or arbitration with regard to the reasonableness of the fees.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 6
2
3 CONTINUITY OF SERVICE
4
5
6
7 6.1 No Work Stoppage
8
9 During the term of this Agreement, the UnionAFSCME agrees that the Unionit
10 shall not call or engage in any strike, slow down, or any other concerted activity
11 that will stop, hinder, or impair the Authority’sLACMTA’s ability to provide the
12 public with safe and efficient public transportation.
13
14 6.2 Picket Lines
15
16 It shall is not be a violation and shall not beor cause for discipline for an
17 Authority employee AFSCME member to voluntarily to refuse to enter upon any
18 property involved in a primary bonafide labor dispute.work stoppage. It shallis
19 not be a violation of this section and shall not beor cause for discipline of any
20 employeeAFSCME member by any party, should any employeeAFSCME
21 member voluntarily enter AuthorityLACMTA property at a time when the
22 AuthorityLACMTA is involved in a primary labor disputework stoppage.
23
24 For purpose of this section, a primary labor dispute is defined as a dispute
25 between LACMTA and other LACMTA Unions.
26
27 6.3 No Lockout
28
29 The AuthorityLACMTA agrees that it shall not lock out employees during the
30 term of this Agreement.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 7
2
3 BULLETIN BOARDS
4
5
6
7 7.1 Encased Bulletin Boards
8
9 The AuthorityLACMTA shall erect encased AFSCME bulletin boards with locks
10 and keys at work locations. Keys will be given to authorized UnionAFSCME
11 representatives. The Bulletin Boards will be the exclusive location for posting
12 UnionAFSCME literature on LACMTA property. The Bulletin Board will be
13 shared by all AFSCME locals.
14
15 7.2 Use of Bulletin Boards
16
17 7.2.1 The bulletin boards may be used by the UnionAFSCME for posting Union
18 AFSCME-approved notices.
19
20 7.2.2. Notices shall not contain materialmaterials that is are derogatory toward
21 management employees of the Authority. Nor shall such notice contain,
22 slanderous or obscene statements.
23
24 7.2.3. Notices posted that are not Union AFSCME-approved shall be removed
25 immediately by the Union.
26
27 7.2.4 Management shall not post any materials on an AFSCME Bulletin Board.
28
29 7.3 Location and Quantity of Bulletin Boards
30
31 The number and location of bulletin boards shall be mutually agreed upon by the
32 AuthorityLACMTA and the Union.AFSCME. Bulletin Board locations will be
33 reasonably convenient to the majority of UnionAFSCME members.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 8
2
3 NON-DISCRIMINATION
4
5
6
7 8.1 The AuthorityLACMTA and the UnionAFSCME agree not to discriminate
8 against an employee because of race, color, sex, age, marital status, religious
9 creed, national origin, ancestry, disability, medical condition, sexual orientation or
10 for lawful political activity, or any other reason prohibited by law.
11
12 8.2 The AuthorityLACMTA and the UnionAFSCME agree that employees shall not
13 be interfered with, intimidated, restrained, coerced or discriminated against
14 because of their participation in or refusal to participate in AFSCME union
15 activity.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 9
2
3 JOINT LABOR/MANAGEMENT COMMITTEES
4
5
6
7 9.1 Joint Labor/Management Committees
8
9 9.1.1 Joint Labor Management Committees (JLMC) have been formed. These
10 Committees consist of System Wide, Bus and Rail Operations, Operations
11 Maintenance, and Facilities Maintenance and Support Functions. The
12 Authority and the Union shall appoint its members to these Committees.
13 The Committees will meetbe convened by either AFSCME or LACMTA on
14 an as-needed basis to resolve issues regarding the implementation of the
15 terms of this Agreement. Each committee will develop and distribute
16 written procedures..
17
18 9.1.2 UnionAFSCME Committee members who are scheduled to be on duty, will
19 be in a paid status and shall notify the appropriate
20 Manager/Supervisormanager of each committee meeting no less than
21 seventy- two (72) hours prior to the meeting. JLMC meetings will be
22 scheduled to afford at least seventy two (72) hours notice to all attendees.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 10
2
3 REPRESENTATION
4
5
6
7 10.1 List of UnionAFSCME Officers/Stewards/Authorized UnionAFSCME Staff
8 Representatives
9
10 The UnionAFSCME shall provide a written list of names of authorized
11 unionAFSCME staff representatives, union officersAFSCME Officers and union
12 stewardsAFSCME Stewards to the Authority’s Chief LACMTA’s Deputy
13 Executive Officer of Labor Relations Officer or designee, as well as changes in
14 such list at least three (3) days prior to the effective date of assuming the duties of
15 office.
16
17 10.2 Working Officers/Working Stewards
18
19 10.2.1 It is agreed and understood that employee union stewards AFSCME
20 Stewards and officers Officers are employed to perform full-time productive
21 work for the Authority.LACMTA. Officers and Stewards will be required
22 to observe all safety and other rules and regulations of the
23 Authority.LACMTA. Nothing herein regarding rules of conduct shall be
24 construed to prevent the officerOfficer or stewardSteward from conducting
25 unionAFSCME business in a responsible manner.
26
27 10.2.2 Union officersAFSCME Officers and/or union stewardsAFSCME Stewards
28 may only leave his or her work during working hours with the permission of
29 the employee’s immediate supervisormanager provided:
30
31 1) such release from work does not negatively impact on the safety of
32 others;
33
34 2) the employee and the supervisor employee’s manager agree to set an
35 approximate period of time the employee shall be released from work;
36
37 3) UnionAFSCME Officers and UnionAFSCME Stewards may leave their
38 work during working hours with notification to their manager in order to
39 investigate grievances or proposed disciplinary action, attend grievance,
40 or pre-disciplinary hearings, attend disciplinary interviews, or attend
41 other meetings scheduled by AuthorityLACMTA management;
42
43 4) Attendance attendance is in a paid status provided the release time is
44 limited to no more than one union officer(1) AFSCME Officer or union
45 stewardAFSCME Steward at any one (1) function; attendance outside of

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 the normal work hours of the union officerAFSCME Officer or union


2 stewardAFSCME Steward is in an unpaid status.
3
4 10.3 Conducting UnionAFSCME Business on AuthorityLACMTA Property
5
6 UnionAFSCME staff representatives will be permitted access to the property for
7 the purpose of conducting unionAFSCME business with Union
8 stewardsAFSCME Stewards and UnionAFSCME members. Where reasonable
9 and practical, they shall notify the Location Manager in advance of their intent to
10 visit a work site and the approximate duration of the visit. The representative’s
11 access will not disrupt the work flow. Union staff Representatives AFSCME staff
12 representatives will be required to observe all safety and other rules and
13 regulations of the Authority. UnionLACMTA. AFSCME staff representatives
14 are employees of the unionAFSCME.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 11
2
3 PROBATIONARY PERIOD
4
5
6
7 11.1 Application
8
9 All regular, newly hired, promoted and rehired employees are subject to the
10 probationary period.
11
12 11.2 Definitions
13
14 Initial Probationary Period -– The first one hundred eighty (180) calendar days of
15 continuous service from the date a new employee is hired, except that in cases
16 where the required training exceeds ninety (90) days, the probationary period
17 shall be for a period of ninety (90) days after the required training has been
18 successfully completed by the new employee. The probationary period shall be
19 extended by the period of an employee’s absences, if the absences total five (5)
20 days or more.
21
22 Promotional Probationary Period -– The first one hundred eighty (180) calendar
23 days of continuous service from the date a regular employee completed the
24 required training period, except that in cases where the required training exceeds
25 ninety (90) days, the probationary period shall be for a period of ninety (90) days
26 after the required training has been successfully completed by the new employee.
27 The probationary period shall be extended by the period of an employee’s
28 absences, if the absences total five (5) days or more.
29
30 Assessment Period – An employee who moves from one job function to another,
31 where addressed in another articleArticle in this Agreement, within the job
32 classification, or who moves from one classification to another when such
33 movement does not result in a promotion, may be subject to an assessment period.
34 The assessment period shall be extended by the period of an employee’s absences,
35 if the absences total five (5) days or more.
36
37 Regular Employee -– Full-time or part-time employee occupying a budgeted
38 position who has successfully competed in the selection process.
39
40 Training Period – The period of time required by the department to receive and
41 pass all required training as determined by the AuthorityLACMTA.

14
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 11.3 Procedures – New Hires


2
3
4 11.3.1 Failure of Initial Probation.
5
6 A new employee may be terminated at any time and for any legal reason
7 during the initial probationary period, without right of appeal.
8
9 11.4 Procedures -– Promotions
10
11 11.4.1 Failure of Promotional Probation
12
13 An employee on promotional probation may be removed from the position
14 at any time without right of appeal. An employee who does not
15 satisfactorily complete promotional probation may request a review with the
16 manager/supervisor to discuss the failure of probation.
17
18 When an employee fails the promotional probation, the employee shall
19 return to his/her former position if the position is still vacant. If the position
20 is filled, the employee shall be placed in a comparable position at his/her
21 prior rate of pay at his/her former location.
22
23 An employee may also elect to return to his/her prior position within the
24 term of the probationary period if the position is still vacant. If the position
25 has been filled the employee shall be placed in a vacant comparable position
26 at his/her prior rate of pay at his/her former location. Employees returning
27 to their prior positions/classifications under the provisions of this section
28 shall suffer no loss of seniority.
29
30 11.5 Procedures – Assessment Period
31
32 11.5.1 Failure of Assessment Period
33
34 During the assessment period, an employee may be removed from the
35 position at any time without right of appeal. An employee who does not
36 satisfactorily complete the assessment period may request a review with the
37 manager/supervisor to discuss the failure of the assessment period.
38
39 When an employee fails the assessment period, the employee shall return to
40 his/her former position if the position is still vacant. If the position is filled,
41 the employee shall be placed in a comparable position at his/her prior rate of
42 pay at his/her former location.
43
44 An employee may also elect to return to his/her prior position within the
45 term of the assessment period if the position is still vacant. If the position
46 has been filled the employee shall be placed in a comparable position at

15
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 his/her prior rate of pay at his/her former location. Employees returning to


2 their prior positions/classifications under the provisions of this section shall
3 suffer no loss of seniority.
4
5 11.6 Performance Evaluation
6
7 During the probationary period, the employee’s performance shall be evaluated at
8 dates determined by mutual agreement between the employee and the
9 manager/supervisor. If no agreement is reached, the employee shall be evaluated
10 at sixty (60, ), ninety (90) and one hundred twenty (120) day intervals following
11 the appointment date.
12
13 11.7 Extension of Probationary Period
14
15 The CEOChief Operations Officer or designee, at the request of the hiring
16 department, may extend the probationary period in rare circumstances. No
17 probationary period may be extended for more than one hundred eighty (180)
18 additional calendar days. The manager/supervisor will notify the employee in
19 writing prior to the extension of the probationary period.
20
21 11.8 Promotion Outside of the AFSCME Bargaining Units
22
23 It is the intent of the parties to encourage employees to pursue promotional
24 opportunities within the AuthorityLACMTA without jeopardy to their
25 employment status during the length of the promotional probationary period. An
26 employee who promotes outside of AFSCME Bargaining Unit(s)the AFSCME
27 bargaining unit who fails to pass promotional probation shall be returned to
28 his/her prior position if the position is still vacant or will be placed in a
29 comparable position at his/her prior rate of pay at his/her former location. The
30 employee and the manager/supervisor can also mutually agree at any time in the
31 probationary period that the employee return to the AFSCME Bargaining
32 Unit(s).bargaining unit. The employee shall return to his/her prior position if it is
33 still vacant. If the position has been filled, he/she shall be placed in a vacant
34 comparable position at his/her prior rate of pay. Employees who return to their
35 positions under the provisions of this section shall suffer no loss of seniority.
36
37 11.9 Responsibilities
38
39 Managers/supervisors will monitor the employee’s performance during the
40 probationary period, and provide a written evaluation as specified in this Article.

16
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 12
2
3 BEHAVIOR CORRECTION/DISCIPLINE
4
5
6
7 12.1 Application
8
9 This Article applies to all AFSCME represented employees who have completed
10 their initial probationary period. Please refer to the flowchart in Appendix B.
11
12 12.2 Procedures
13
14 LACMTA will impose behavior correction/discipline in accordance with the
15 principles of just cause, including consideration of the employee’s length and
16 quality of service, and progressive discipline. An employee may be reprimanded
17 verbally or in writing, suspended, demoted (with or without salary reduction) or
18 discharged for reasons such as, but not limited to, poor performance, gross
19 misconduct, violation of LACMTA policies and procedures, inappropriate
20 behavior, or violation of the law which causes discredit to the LACMTA or the
21 employee's position.
22
23 12.2.1 Informal Discussion or Counseling
24
25 The employee’s manager/supervisor may conduct an informal counseling
26 session with the employee. This step is optional and is not to be considered
27 as disciplinary in nature but an opportunity for the employer to correct the
28 employee’s behavior.
29
30 Records of informal discussion or counseling shall be maintained at the
31 employee’s work location.
32
33 12.2.2 Procedures for the Pre-discipline Process
34 An employee may be suspended, demoted or terminated for reasons set forth
35 in Section 12.2. An employee who is to be suspended, demoted or
36 terminated has the right to be represented by AFSCME throughout the pre-
37 discipline process and the steps of the disciplinary procedure. Employee
38 shall be notified of this right and afforded reasonable opportunity to secure
39 representation.
40
41 The following steps shall be followed by the manager/supervisor prior to
42 taking disciplinary action against an AFSCME represented full-time or part-
43 time employee, except for verbal and written reprimands.

17
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 1) Notice of Proposed Action


2
3 A written notice of the proposed disciplinary action will be prepared by the
4 manager/supervisor and delivered to the employee. The notice will include:
5 a) Reason(s) for the proposed action
6 b) List and copy of all materials supporting the proposed action
7 c) Right to respond
8
9 The employee will have the right to respond either orally or in writing
10 within a reasonable time (not to exceed 10 working days), unless extended
11 by mutual agreement with the supervisor or manager imposing the
12 discipline.
13
14 2) Decision to Impose Discipline
15
16 The employee will be notified by written notice of:
17 a) the original charges
18 b) the determination as to the charges
19 c) the level of disciplinary action to be imposed, if any.
20
21 The written notice of
22 a) Manager Action
23
24 LACMTA will send written notice to AFSCME and the employee within ten
25 (10) working days after the employee’s manager is aware that an action has
26 occurred that may result in some form of discipline. An Interest Based
27 Problem Solving (IBPS) meeting will be convened within ten (10) working
28 days from the date of notice or the completion of the investigation,
29 whichever is later. The parties may mutually agree to extend these time
30 limits.
31
32 b) Internal/External Action
33
34 The first ten (10) working day notice requirement stated above does not
35 apply to situations where there is an investigation being conducted by an
36 internal or external party who does not report to the employee’s manager
37 (Law Enforcement or any other internal or external investigative body). In
38 these situations, LACMTA will convene an IBPS meeting within ten (10)
39 working days from the date they are given the results of the investigation.
40 LACMTA will send written notice of the IBPS to AFSCME and the
41 employee. The parties may mutually agree to extend this time limit.
42
43 c) Interest Based Problem Solving (IBPS) Meeting
44
45 In the event management is considering discipline (beyond the informal
46 discussion or counseling referenced in 12.2.1), the manager, AFSCME and

18
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 the employee will convene an IBPS meeting. The purpose of the meeting is
2 to use the IBPS process and tools to arrive at a solution that the parties agree
3 will solve the problem and/or correct the behavior. The solutions agreed to
4 in these meetings are intended to be specific to the situation and will not
5 establish precedence (except with respect to like behavior by the same
6 employee) nor may they be cited or used in any way in any arbitration,
7 external or third party review to establish precedence or inconsistency in
8 other cases. The parties further agree that outcomes of the IBPS process are
9 final and binding and cannot be grieved. Management shall prepare a
10 separate written notice to AFSCME acknowledging that the IBPS meeting
11 was held. If the IBPS process does not result in a solution acceptable to the
12 parties, management may proceed with a Letter of Charge and a Hearing
13 Notice.
14
15 1) Trial Period
16
17 The parties agree that for a trial period of twelve (12) months, a
18 Labor Relations Representative will be a part of these IBPS
19 meetings. At the end of the twelve (12) month period, AFSCME
20 may decide that any one or all of the Labor Relations
21 Representatives will no longer be included in the meetings.
22
23 2) Right to Representation
24
25 An employee may be disciplined for reasons set forth in Section
26 12.2. An employee who is to be disciplined has the right to be
27 represented by AFSCME throughout the pre-discipline process and
28 the steps of the disciplinary procedure. The employee shall be
29 notified of this right and afforded a reasonable opportunity to secure
30 representation.
31
32 f) Process for Discipline
33
34 If the IBPS process does not result in a solution acceptable to the parties, the
35 following steps shall be followed by the manager prior to taking disciplinary
36 action against an AFSCME represented full-time or part-time employee,
37 except for written reprimands. If the Letter of Charge is written for
38 “discipline up to and including discharge,” the hearing shall be convened by
39 the General Manager or Department Head within ten (10) working days of
40 the IBPS. If the Letter of Charge is written for “discipline less than
41 discharge,” the hearing shall be conducted by the manager within ten (10)
42 working days of the IBPS.
43
44 g) Letter of Charge and Notice of Hearing
45

19
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 The manager will prepare a Letter of Charge and Notice of Hearing. The
2 notice will include:
3
4 1) The precise charge(s) against the employee.
5 2) Copies of any previous disciplinary action letters for like behavior
6 which are to be considered.
7 3) A list of all materials supporting the Letter of Charge.
8 4) A copy of all materials supporting the Letter of Charge.
9 5) The date, the time and the location of the hearing.
10
11 The Letter of Charge and Notice of Hearing will be delivered to
12 AFSCME and the employee. AFSCME and the employee will have at
13 least forty eight (48) hours advance notification of the hearing unless
14 extended by mutual agreement in writing with the manager who issued
15 the Notice. AFSCME reserves the right to request additional
16 documentation pertinent to the case. In the event additional review time
17 is necessary, the parties shall agree to extend the time limit.
18
19 h) Conduct of Hearing
20
21 No employee will be suspended without pay or discharged prior to a
22 hearing. At the hearing, oral and/or written evidence and witness
23 statements may be introduced. If called, witnesses may be required to
24 testify.
25
26 i) Hearing Decision Imposing Discipline
27
28 AFSCME and the employee will be provided a written Hearing Decision
29 within ten (10) working days of the hearing date which shall include the
30 original charges, and:
31
32 a) The Hearing Officer’s findings and determination as to the charges,
33 and
34 b) The level of disciplinary action to be imposed, if any.
35
36 A written Hearing Decision that imposes discipline shall be maintained
37 at the employee’s work location and in the employee’s permanent
38 personnel file.
39
40 12.2.3 Appeal Rights
41
42 New-hire probationary employees may not appeal disciplinary actions.
43 Regular, non new-hire probationary employees may appeal discipline per
44 the standards established in this article.Article. The appeal will be
45 processed in accordance with Article 14, GrievanceGrievances and
46 Arbitration. Information pertaining to discipline shall not be permanently

20
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 entered into the an employee’s file permanently until the hearing resolution
2 of hearingis rendered.
3
4 12.3 Investigatory SuspensionHolding Out of Service Pending an Investigation
5
6 An employee may be suspendedheld out of service with pay pending a
7 disciplinary investigation. Suspension may occur conducted prior to the
8 disciplinary process. This form of investigatory suspension Holding an employee
9 out of service with pay is not considered a form of discipline and will be served
10 with pay..
11
12 12.4 Review of Disciplinary Record
13
14 A notation of one year’s standing or more on the service record of an employee
15 will not be considered in disciplinary cases. This one year time period may be
16 extended by mutual agreement on a case by case basis between LACMTA and
17 AFSCME. This one year limitation will not apply to any discipline for conduct
18 which would be a violation of the law or which could subject LACMTA to
19 potential liability. (i.e. EEO, Sexual Harassment, Violence in the Workplace, etc.)
20
21 12.45 Progressive Discipline
22
23 Progressive discipline provides for increasingly severe penalties to be imposed on
24 an employee for like behavior. This provides the employee with an opportunity to
25 correct his or her behavior before more severe disciplinary action is taken.
26 However, under some circumstances more severe discipline, including
27 termination, may be administered the first time an employee commits a serious
28 offense. Additionally, under some circumstances, lesser discipline may be
29 administered due to mitigating circumstances, such as an employee’s length and
30 quality of service. AFSCME and LACMTA recognize the use of a corrective
31 non-punitive disciplinary process. To this end, LACMTA will consider issuing
32 disciplinary letters instead of imposing unpaid suspensions. However, when
33 discipline letters without unpaid suspensions are issued, they are to be considered
34 as having the same force and effect as a suspension without pay.
35
36 12.56 Discipline
37
38 12.5.1 Verbal Reprimand
39
40 The supervisor shall discuss with the employee unacceptable performance or
41 behavior. The employee must be given the opportunity to relate his/her view
42 of the situation.
43
44 After this meeting and a review of relevant factors and documents, the
45 manager will prepare a brief written summary of the Verbal Reprimand and
46 send a copy to the employee and the employee’s work location personnel file.

21
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 The employee may respond in writing and request that the response be
2 attached to the record of the verbal reprimand.
3
4 12.5.26.1 Written Reprimand
5
6 A written reprimand may be necessary for a more serious violation or a
7 repeat of the same problem.like behavior. Again, a meeting shall be
8 conducted as soon as possible between the manager and the employee where
9 the facts are presented.
10
11 A copy of the written reprimand with the employee’s response shall be
12 given to the employee with a copy placed in his/her personnel file at the
13 worksite location. The employee shall be requested to sign and date the
14 written reprimand. The employee’s signature is an acknowledgement of
15 receipt of the written reprimand only.
16
17 12.5.36.2 Suspension
18
19 Suspension is normally applied in the following circumstances:
20
21 1) Where the offending conduct or job deficiency does not warrant
22 demotion or discharge.
23
24 2) Where the employee has received progressive discipline for similar
25 conductlike behavior or job performance deficiency.
26
27 All suspensions must be documented in writing by the manager/supervisor.
28
29 12.5.4 Suspension of Employees in (FLSA) Exempt Positions
30
31 Employees in Fair Labor Standards Act (FLSA) exempt positions can only
32 be suspended in increments of five (5) days. All suspensions must be
33 documented in writing by the manager/supervisor.
34
35 12.5.5 Demotion
36
37 A demotion requires notification as described in the pre-discipline process.
38 An employee may be demoted with or without salary reduction.
39
40 12.5.66.3 Termination
41
42 1) Termination is appropriate where progressive discipline has failed to
43 correct behavior, or
44
45 2) Where the offending conduct or job deficiency warrants immediate
46 termination.

22
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 12.6.4 Demotion
3
4 Demotion is not a step in progressive discipline but may be considered when
5 circumstances warrant. A demotion requires notification as described in the
6 pre-discipline process. An employee may be demoted into an AFSCME
7 classification with or without salary reduction.

23
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 13
2
3 PERSONNEL AND MEDICAL RECORDS FILES
4
5
6
7 An employee’s central personnel file is maintained at the Human Resources Department.
8 A secondary file is kept at an employee’s department or division. The Departmental or
9 Divisional file will contain all evaluations and disciplinary documents, including DMV
10 records and medical records.
11
12 In accordance with HIPAA, an employee’s medical records file is confidential and is
13 maintained separate from the employee’s personnel files in both Human Resources and at
14 the employee’s department. The file will contain medical information that pertains to the
15 health, medical history or condition of the employee or immediate family members under
16 the Family Care and Medical Leave Policy. Additional medical files and information
17 will be maintained by the Risk Management Department for occupational illness and
18 injury matters. (See LACMTA HR Personnel Records Policy)
19
20 13.1 Maintenance of Records
21
22 Information entered in the Employee’s Personnel Filean employee’s file(s) is
23 intended for the use by the employee’s manager/supervisor in the day-to-day
24 operations of the Authority.LACMTA. Managers are responsible for maintaining
25 and ensuring the confidentiality of the files.
26
27 13.1.1 Adding Information to Employee Files
28
29 Department heads, managers, and the employee through his/her manager
30 may add items to an employee’s file(s). An employee shall be made aware
31 of any additions to his/her file and provided a copy of additions, such as, but
32 not limited to, commendations, discipline, medical information, time off and
33 leave requests, training documents and evaluations. Once a document,
34 memo, notation, or evaluation is placed in a file, it becomes a part of the
35 Divisional Personnel and/or Medical File(s).
36
37 Before documents relating to employee performance commentary are placed
38 in an employee’s file, the employee has the right to respond in writing
39 within five (5) working days from the receipt of such materials. Such
40 response is to be attached to the document(s) and placed in the file.
41 Information pertaining to discipline shall not be entered into the file until the
42 disciplinary action is assessed to the employee.
43
44 13.1.2 Removing Information From from Employee Records
45

24
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 Documents will be removed from the Personnel File(s) subject to the


2 resolution of grievance or arbitration awards, or through mutual agreement.
3
4 13.1.3 Review of Disciplinary Record
5
6 After one year, verbal reprimands and written reprimands will not be used
7 except to provide evidence of progressive discipline. This one year
8 limitation will not apply to any discipline for conduct which would be a
9 violation of the law or which could subject LACMTA to potential liability.
10 (i.e. EEO, Sexual Harassment, etc.)
11
12 13.1.4 Confidentiality
13
14 Personnel files are confidential and only those persons who are authorized
15 by the Director of Human Resources or his/her designee are permitted to
16 review the files.
17
18 13.1.5 Request to Review File(s)
19
20 An employee or his/her authorized UnionAFSCME representative, with the
21 employee’s permission, may request to review all their own personnel files
22 and make copies of any documents contained herein. Such requests will be
23 made with no less than two (2) working days notice.
24
25 1) An employee who requests to see his/her file located at the Human
26 Resources Department during scheduled work time must have the
27 permission of the manager to leave the workstation. A representative
28 from the Human Resources Department must be present.
29
30 2) If an employee is reviewing his/her divisional Employee Record File(s)
31 at the department/division, the manager or designee must be present.
32 EmployeesAn employee’s working hours will be accommodated to
33 facilitate review of the folder.
34
35 3) An employee or his/her representative may make copies of any
36 document in the file except for pre-employment references.

25
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 14
2
3 GRIEVANCES AND ARBITRATION
4
5
6
7 14.1 Definition
8
9 A grievance is defined as any dispute concerning the interpretation or application of this
10 Agreement, the discipline of an employee, or Authoritywhen employees are impacted by
11 LACMTA rules, policies, procedures or working conditions when employees are
12 impacted and employee disciplined. When more than one employee is impacted, the
13 Union AFSCME may file a group grievance on behalf of all of the impacted employees.
14
15 14.2 Grievance Procedure (Non-discipline) Informal Discussion
16
17 14.2.1 Informal Discussion
18
19 An employee raising with a potential grievance shall meet with his/her
20 supervisormanager, with or without a representative, as soon as possible for an
21 informal discussion. During this informal meetingdiscussion, the parties should
22 review the matter and seek agreement on a solution. If the grievance cannot be
23 resolved satisfactorily or if a timely meeting cannot be scheduled, the employee
24 may file a formal written grievance as specified below.
25
26 14.2.1 Interest Based Problem Solving Meeting
27
28 If the matter is not resolved as a result of the informal discussion, the
29 employee and AFSCME shall review the matter with the manager in an
30 Interest Based Problem Solving (IBPS) meeting.
31
32 1) Step One (Work Location Manager)
33
34 a) The Union may request on an AFSCME Grievance Form, a meeting with
35 the Work Location Manager within fifteen (15) working days from the date
36 the employee knew or should have known of the dispute
37
38 b) The Work Location Manager shall meet with the Union and the
39 grievant(s) on or before the fifth working day after receiving the request.
40
41 c) The Union shall identify the issue(s) in dispute and the remedy being
42 requested.
43
44 d) The Work Location Manager shall respond in writing within twenty (20)
45 working days from the date of the meeting. The Manager shall mail a copy
46 of the response to the Union within the required time limits. The Manager

26
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 shall also give a copy of the response to both the grievant and the Union
2 Steward.
3
4 14.3 Grievance Procedure – Non-discipline
5
6 14.3.1 Step One – General Manager or Department Head
7
8 If the matter is not resolved, AFSCME may file a grievance on an AFSCME
9 Grievance Form within ten (10) working days from the IBPS meeting with
10 the manager. The Grievance Form shall state the nature of the dispute and
11 the resolution sought. This grievance must be received by the employee’s
12 General Manager or Department Head within thirty (30) calendar days of
13 the incident giving rise to the grievance.
14
15 Within ten (10) working days of receipt of the grievance, the General
16 Manager or Department Head shall schedule a hearing to resolve the matter.
17 If the grievance is not resolved, the General Manager or Department Head
18 shall mail a copy of the decision to AFSCME and the employee at his/her
19 worksite or last known address within the required time limits.
20
21 2) Step Two (Deputy Chief Executive Officer)
22
23 14.3.2 Step Two – Chief Operations Officer or Designee
24
25 a) If the response at Step One decision is not satisfactory, the Union
26 AFSCME may file a Step Two grievance appeal with the grievance to the
27 Deputy Chief ExecutiveOperations Officer on an AFSCME Grievance Form
28 (Non-discipline), which shall state the issue in nature of the dispute, the
29 provisions of the Agreement alleged to have been violated, if relevant, and
30 the reliefresolution sought. The grievance shall be filed within ten (10)
31 working days from the receipt of the response at Step One decision.
32
33 b) The Deputy Chief ExecutiveOperations Officer or designee shall meet
34 with the UnionAFSCME and the grievant(s) to reviewdiscuss the grievance
35 and attempt to resolve the matter within fifteen (15ten (10) working
36 daysdays from receipt of receiving the appeal. The Chief Operations
37 Officer or designee, after hearing the appeal, will close the record of the
38 hearing and immediately begin an Interest Based Problem Solving (IBPS)
39 meeting in an effort to resolve the matter. If the IBPS process is conducted
40 by the designee and the matter is not resolved, AFSCME may seek a
41 meeting with the Chief Operations Officer before the written decision is
42 rendered.
43
44 c) The Deputy Chief ExecutiveOperations Officer or designee shall respond
45 in writing within twenty (20ten (10) working days from the Step Two
46 meeting. If the Grievancegrievance is denied, the Deputy Chief

27
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ExecutiveOperations Officer shall state the reasons for the denial. The
2 Deputy Chief Executive Officer and shall mail a copy of the
3 responsedecision to the Union within the required time limits. This
4 response shall also be provided to AFSCME and the employee and the
5 Union Steward.at his/her worksite or last known address within the required
6 time limits.
7
8 3) Step Three (Chief Executive Officer)
9
10 14.3.3 Step Three Arbitration
11
12 Labor Relations will serve as the CEO’s designee.
13
14 a) If the responsedecision at Step Two is not satisfactory, the
15 UnionAFSCME may move the grievance to Step Threearbitration by
16 submitting a request in writing within ten (10) working days from receipt of
17 the response at Step Two decision.
18
19 b) The CEO or designee shall meet with the Union and the grievant(s) to
20 review the grievance and resolve the matter within fifteen (15) working days
21 of receiving the appeal.
22
23 c) The CEO shall respond in writing within twenty (20) working days from
24 the date of the meeting at Step Three. If the grievance is denied, the CEO
25 shall state the reasons for the denial. The CEO shall mail a copy of the
26 response to the Union within the required time limits. The response shall be
27 provided to the grievant and the steward.
28
29 4) Step Four (Arbitration)
30
31 If the response at Step Three is not satisfactory, the Union may move the
32 grievance to arbitration by submitting a request in writing within thirty (30)
33 working days after the receipt of the response at Step Three.
34
35 14.34 Grievance Procedure – (Discipline)
36
37 14.34.1 Step One (Executive Officer)– General Manager or Department Head
38
39 1) If an employee has been disciplined, the Union AFSCME may file a
40 grievance on an AFSCME Grievance Form (Discipline)with the employee’s
41 General Manager or Department Head, which shall state the issue in nature
42 of the dispute, the provisions of the Agreement that have been violated if
43 relevant, and the remedy requested.resolution sought. The grievance shall
44 be filed within ten (10) working days from the receipt of the date of the
45 discipline decision.
46

28
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 2) The Executive Officer or designeeGeneral Manager or Department Head


2 shall meet with the UnionAFSCME and the grievant to review the grievance
3 and attempt to resolve the matter within fifteen (15ten (10) working days
4 from receipt of receiving the grievance appeal.
5
6 3) The Executive Officer or designeeGeneral Manager or Department Head
7 shall respond in writing within twenty (20ten (10) working days from the
8 meeting. If the grievance is denied, the Executive OfficerGeneral Manager
9 or Department Head shall state the reasons for the denial. The Executive
10 Officer and shall mail a copy of the response to the Union,decision to the
11 Union StewardAFSCME and to the grievant at his/her work site or last
12 known address within the required time limits.
13
14 14.34.2 Step Two (Chief Executive Officer)– Chief Operations Officer or Designee
15
16 Labor Relations will serve as the CEO’s designee.
17
18 1) If the response at Step One decision is not satisfactory, the
19 UnionAFSCME may move the grievance to Step Two by submitting a
20 request in writingto the Chief Operations Officer or designee within ten (10)
21 working days from receipt of the response at Step One decision.
22
23 2) The CEOChief Operations Officer or designee shall meetschedule a
24 grievance hearing with the UnionAFSCME and the grievant(s) to review the
25 grievance and resolve the matter within fifteen (15ten (10) working days of
26 receiving the appealgrievance. The Chief Operations Officer or designee,
27 after hearing the grievance, will close the record of the hearing and
28 immediately begin an Interest Based Problem Solving (IBPS) meeting in an
29 effort to resolve the matter. If the IBPS process is conducted by the
30 designee and the matter is not resolved, AFSCME may seek a meeting with
31 the Chief Operations Officer before the written decision is rendered.
32
33 3) The CEOIf the matter remains unresolved, the Chief Operations Officer
34 or designee shall respondissue a decision in writing within twenty (20ten
35 (10) working days from the date of the Step Two hearing and IBPS meeting.
36 If the grievance is denied, the CEOChief Operations Officer or designee
37 shall state the reasons for the denial. The CEO and shall mail a copy of the
38 responsedecision to the Union, to the Union StewardAFSCME and to the
39 grievant at his/her work site or last known address within the required time
40 limits.
41
42 14.34.3 Step Three – (Arbitration)
43
44 If the response at Step Two isIBPS process and grievance decision are not
45 satisfactory,successful in resolving the Uniongrievance, AFSCME may
46 move the grievance to arbitration by submitting a request in writing within

29
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 thirty (30ten (10) working days after thefrom receipt of the response at Step
2 Two decision.
3
4 14.5 Grievance Procedure – Discharge
5
6 If an employee has been discharged, AFSCME may file a grievance with the
7 Chief Operations Officer or designee on an AFSCME Grievance Form, which
8 will state the nature of the dispute and the resolution sought. The grievance shall
9 be filed within ten (10) working days from receipt of the discharge decision.
10
11 14.5.1 Step One – Chief Operations Officer or Designee
12
13 The Chief Operations Officer or designee shall schedule a grievance hearing
14 with AFSCME and the grievant within ten (10) working days of receiving
15 the grievance. The Chief Operations Officer or designee, after hearing the
16 grievance, will close the record of the hearing and immediately begin an
17 Interest Based Problem Solving (IBPS) meeting in an effort to resolve the
18 matter. If the IBPS process is conducted by the designee and the matter is
19 not resolved, AFSCME may seek a meeting with the Chief Operations
20 Officer before the written decision is rendered.
21
22 If the matter remains unresolved, the Chief Operations Officer or designee
23 shall issue a decision in writing within ten (10) working days from the date
24 of the Step One hearing and IBPS meeting. If the grievance is denied, the
25 Chief Operations Officer or designee shall state the reasons for the denial
26 and shall mail a copy of the decision to AFSCME and to the grievant at
27 his/her work site or last known address within the required time limits.
28
29 14.5.2 Step Two – Arbitration
30
31 If the IBPS process and grievance decision are not successful in resolving
32 the grievance, AFSCME may move the grievance to arbitration by
33 submitting a request in writing within ten (10) working days from receipt of
34 the grievance decision.
35
36 14.6 Exclusions from Arbitration
37
38 LACMTA and AFSCME may agree to hold an IBPS meeting at any time during
39 the grievance process. However, any IBPS process is confidential and no offers
40 of settlement from any IBPS process may be introduced in any arbitration case.
41
42 14.47 Arbitration
43
44 14.47.1 In the event the parties cannot mutually agree upon an arbitrator within five
45 (5) working days from the receipt of the request for arbitration, the moving
46 party shall request that the California State Conciliation and Mediation

30
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 Service submit to them the names of seven (7) arbitrators. No arbitrator on


2 the list shall have any official, financial or other connection with or interest
3 in the AuthorityLACMTA or the UnionAFSCME.
4
5 14.47.2 Upon receipt of the list, the AuthorityLACMTA and the UnionAFSCME
6 shall determine by lot the order in which the parties will strike names from
7 the list. In that order they shall strike names from the list until only one (1)
8 name remains. The AuthorityLACMTA and the UnionAFSCME shall
9 accept the remaining name as the arbitrator in the case.
10
11 14.47.3 In the event that the arbitrator is unable to serve, the moving party shall
12 request a new list from the California State Conciliation and Mediation
13 Service. Upon receipt of the new list, the Authority and the Union shall
14 follow the same procedure as stated above.
15
16 14.47.4 The cost of the arbitrator and the certified court reporter shall be equally
17 shared by the parties. The parties agree to follow the generally accepted
18 practice and procedure for labor arbitrations. Each party shall bear all costs
19 for presentation of its case. Cancellation fees, if any, will always be shared
20 equally by the parties.
21
22 14.47.5 Within thirty (30) calendar days from the date of the closing of the hearing
23 or the filing of written briefs, whichever is later, the arbitrator shall provide
24 the parties a written decision. The arbitrator’s written decision shall be final
25 and binding upon the Authority, the UnionLACMTA, AFSCME and the
26 grievant(s).
27
28 14.47.6 Either party may call any employee as a witness in any proceedings, and if
29 the employee is on duty, the AuthorityLACMTA agrees to release that
30 employee onfrom duty so that he/she may appear as a witness. If an
31 employee witness is called by either party, the party calling such witness
32 will reimburse the witness for the time lost.
33
34 14.58 Time Limits
35
36 14.58.1 The parties may mutually agree to extend the time limits.
37
38 14.58.2 In computing time limits, Saturdays, Sundays and Holidays shall be
39 excludedWorking days are defined as Monday through Friday, excluding
40 Holidays.
41
42 14.58.3 If the Union fails to process the claim to the next level within the time
43 limits, the grievance shall be automatically processed to the next level of
44 reviewFailure to meet time limits will not constitute a forfeiture of
45 AFSCME’s ability to move a grievance to the next level.
46

31
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 14.58.4 If the AuthorityLACMTA fails to comply with the time limits, the grievance
2 shall be automatically processed to the next level of review.
3
4 14.69 Release Time for Grievance Meetings
5
6 Grievant(s) shall be released from work and shall suffer no loss of pay for
7 attendance at grievance meetings.

32
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 15
2
3 FLEXIBLE SCHEDULING
4
5
6
7 15.1 The AuthorityLACMTA and/or the UnionAFSCME may propose to create,
8 eliminate or modify flexible work schedules. Upon request by the
9 AuthorityLACMTA or the UnionAFSCME to change flexible work schedules, the
10 AuthorityLACMTA shall meet with the UnionAFSCME to discuss the proposed
11 changes, within twenty (20) days of the initial notice to the AuthorityLACMTA
12 or Union. The Authority shall designate a representative from Labor Relations
13 and the impacted department and the Union shall designate two representatives to
14 serve as the review committee to discuss the Proposal.AFSCME. Workweek
15 schedule changes will be administered according to the Fair Labor Standard Act
16 (FLSA) rules and regulations.
17
18 15.2 The committeeJLMC shall meet to review the flexible work schedule proposal
19 and consider criteria including, but not limited to, impact on the size of the staff,
20 shift coverage, supervisory coverage, and budgetary implications.
21
22 15.3 Neither the AuthorityLACMTA nor the UnionAFSCME may unreasonably deny
23 requests for the creation, modification, or elimination of flexible work schedules.

33
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 16
2
3 BREAKS AND LUNCHES
4
5
6
7 16.1 Existing practices regarding the scheduling of Breaks and Lunches shall be
8 maintained except as provided in this articleArticle.
9
10 16.2 Transportation Department
11
12 Management shall continue to provide and accommodate an on duty thirty (30)
13 minute employee lunch. Employee assignments shall be established to allow for
14 the provision of a thirty (30) minute on duty lunch and breaks in accordance with
15 applicable State and Federal Laws.
16
17 16.3 Extenuating Circumstances
18
19 Any requests to change the current practices shall be brought to the JLMC for
20 review and approval.

34
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 17
2
3 HEALTH AND SAFETY
4
5
6
7 17.1 The AuthorityLACMTA shall maintain a healthy and safe work environment and
8 shall comply with all applicable City, County, State and Federal laws and
9 regulations.
10
11 17.2 The AuthorityLACMTA shall provide all necessary safety equipment, as
12 determined by the AuthorityLACMTA.

35
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 18
2
3 PROMOTIONAL OPPORTUNITIES
4
5
6
7 18.1 Permanent Promotions Within AFSCME
8
9 When a position opens within either of the AFSCME Bargaining Unitsbargaining
10 unit, preference will be given to AFSCME Bargaining Unitbargaining unit
11 members.
12
13 18.2 Nothing contained herein shall prohibit the selection of a retired MTA employee
14 to fill a vacant bargaining unit position. Retired MTA employees shall commence all
15 seniority dates from the date of re-hire.
16 18.2 Temporary Promotions Outside AFSCME
17
18 18.2.1 Short Term Assignment (See Promotional Opportunities Procedure)
19
20 1) A temporary short term assignment is for a thirty (30) day period or less.
21 A member filling a temporary short term assignment in an upgraded
22 position shall be selected from the Promotional Opportunity Program
23 (POP) eligibility list or from an existing Qualified Candidate Pool
24 (QCP) eligibility list.
25
26 2) Upgraded position pay will begin after thirty (30) calendar days in the
27 upgraded position, retroactive to the first day in the position. No
28 member may serve more than a cumulative total of six (6) months in the
29 upgraded position over an eighteen (18) month period. The eighteen
30 (18) month period shall begin on the first day of the assignment in the
31 upgraded position.
32
33 3) Whenever a temporary short term assignment in an incumbent position
34 becomes available as a result of a temporary upgrade, the manager may
35 either:
36
37 a) fill the resulting vacancy with a one time posting of that vacant
38 position and fill the resulting vacancy with overtime at the location,
39 if that classification is eligible for overtime (See Article 31,
40 Overtime ) or,
41
42 b) the incumbent position may be filled with overtime at the location, if
43 that classification is eligible for overtime (See Article 31, Overtime).
44
45 4) A member filling a temporary short or long term assignment is not
46 eligible for overtime.

36
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 5) A list of employees eligible for forced overtime at the location will be
3 prepared on a weekly basis and will be used when the voluntary
4 overtime lists have been exhausted.
5
6 18.2.2 Long Term Assignment (See Promotional Opportunities Procedure)
7
8 1) A temporary long term assignment in an upgraded position is for a
9 period greater than thirty (30) days. A member filling a temporary long
10 term assignment shall be selected from an existing Qualified Candidate
11 Pool (QCP) eligibility list.
12
13 2) Upgraded position pay will begin after thirty (30) calendar days in the
14 upgraded position, retroactive to the first day in the position. No member
15 may serve more than a cumulative total of six (6) months in the
16 upgraded position over an eighteen (18) month period. The eighteen
17 month period shall begin on the first day of the assignment in the
18 upgraded position.
19
20 3) Whenever a temporary long term assignment in an incumbent position
21 becomes available as a result of a temporary upgrade, the manager may
22 either:
23
24 a) fill the resulting vacancy with a one time posting of that vacant
25 position and fill the resulting vacancy with overtime at the location,
26 if that classification is eligible for overtime (See Article 31,
27 Overtime) or,
28
29 b) the incumbent position may be filled with overtime at the location, if
30 that classification is eligible for overtime (See Article 31, Overtime).
31
32 4) A member filling a temporary short or long term assignment is not
33 eligible for overtime.
34
35 5) A list of employees eligible for forced overtime at the location will be
36 prepared on a weekly basis and will be used when the voluntary
37 overtime lists have been exhausted.
38
39 18.2.3 Extenuating Circumstances
40
41 Any request for an extension of the time limits of this Article shall be
42 brought to the JLMC for review and approval.

37
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 19
2
3 RAIL PROFICIENCY
4
5
6
7 19.1 It is agreed that employees in the classification of Rail Transit Operations
8 Supervisor (RTOS) and Senior RTOS shall maintain all required certification and
9 licenses as defined by the Department of Motor Vehicles, California Public Utility
10 Commission (CPUC) and the Authority. LACMTA.
11
12 19.2 During the certification period, upon employee request, an aggregate of four (4),
13 (3 RTOS and 1 Sr. RTOS) shall be assigned to perform certification rides during
14 work hours. The remaining RTOS & Sr. RTOS shall perform certification rides
15 during the RTOS or Sr. RTOS’ non-regularly scheduled work hours. Unless both
16 parties agree to an assignment, the RTOS or Sr. RTOS will not be assigned a shift
17 when reporting for their proficiency ride. Where applicable, employees shall be
18 compensated at the appropriatetheir overtime rate of pay.
19
20 19.3 During the first sixty (60) days of a quarter, an RTOS may schedule his/her
21 quarterly proficiency ride. Thereafter, management may schedule the proficiency
22 ride either during the RTOS’ work shift or on his/her day off.

38
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 20
2
3 PAID TIME OFF
4
5
6
7 20.1 Holidays
8
9 MTA HR Policy #7-1 in effect on July 1, 2001 (beginning of contract period) plus
10 the one (1) additional floating holiday negotiated in this Agreement applies. A
11 copy of HR Policy #7-1 is attached in Appendix D.AFSCME employees will
12 observe the following paid holidays:
13 ƒ New Year’s Day
14 ƒ Martin Luther Jr. King Day
15 ƒ President’s Day
16 ƒ Memorial Day
17 ƒ Independence Day
18 ƒ Labor Day
19 ƒ Thanksgiving Day
20 ƒ Christmas Day
21
22 20.1.1 The floating holiday of eight (8) hours shall be input into employee’s Time
23 Off With Pay bank on July 1 of each year and utilized as requested and
24 authorized by the employee’s supervisor/manager.
25
26 20.1.2 Initial input of eight (8) hours effective for July 1, 2002, shall be input into
27 members’ TOWP bank at the earliest convenience after contract ratification
28 by the MTA Board of DirectorsBeginning on July 1, 2009, an additional
29 holiday, the day after Thanksgiving Day will be added.
30
31 20.2 Time Off With Pay (TOWP)
32
33 See LACMTA HR Policy #7-216 with an effective date of July 1, 1998 applies.
34 A copy of HR Policy #7-2 is attached as Appendix EJanuary 29, 2008.

39
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 21
2
3 SUPERVISORY RESPONSIBILITY
4
5
6
7 21.1 The members of the bargaining unit understand that, as the Authority’s
8 Supervisors, it is their paramount obligation to the Authority to ensure safety of
9 operations, to ensure productivity, to recommend and impose discipline when
10 warranted and to further ensure compliance with rules, regulations, and policies
11 by employees within their control.
12 Emergency Operation of Revenue Equipment
13
14 No supervisor will be assigned to operate revenue equipment (i.e. bus or train)
15 except to acquire or maintain certification and/or proficiency, or in an emergency.
16 Generally, an emergency is defined as any of the following events that jeopardize
17 the safety of employees and/or customers, the public or LACMTA property
18 and/or equipment:
19
20 a) an Act of God, such as, but not limited to, earthquake, fire, flood, mud slide,
21 snow or other natural event; or
22
23 b) a man made event, such as, but not limited to, an act of terrorism, sabotage,
24 explosion, bomb, fire, or other act, or
25
26 c) civil unrest, such as, but not limited to, riot, demonstration, civil disobedience
27 or other kinds of mayhem, or
28
29 d) the incapacitation of an operator in service.
30
31 Under the foregoing circumstances, a supervisor may be instructed to operate
32 revenue equipment to a point where the safety of employees and/or customers, the
33 public or LACMTA property and equipment is assured.

40
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 22
2
3 SENIORITY LISTS
4
5
6
7 There shall be three (3) types of seniority lists; Classification Seniority, Bargaining Unit
8 Seniority and AuthorityLACMTA Seniority.
9
10 22.1 Classification Seniority List
11
12 Seniority will be based on date of the employee’s appointment to the
13 classification. Time worked as an “extra” supervisor (Division Dispatcher,
14 Instruction, Road Supervisor/Vehicle Operations Supervisors, Radio Dispatcher)
15 will count toward TOSTransit Operations Supervisor Classification Seniority.
16
17 Time worked in an acting status shall not count toward Classification Seniority.
18
19 22.2 Bargaining Unit Seniority List
20
21 Bargaining Unit Seniority begins with the date of hire into a bargaining unit
22 classification and shall include all time spent in all classifications in the
23 bargaining unit. Bargaining Unit Seniority is to be used as a tie breaker when two
24 or more employees are appointed to a position on the same date.
25
26 22.3 AuthorityLACMTA Seniority List
27
28 AuthorityLACMTA Seniority begins on the date of hire by the
29 authorityLACMTA or any predecessor agency.
30
31 22.4 Implementation of Seniority ListsPolicy Guidelines
32
33 1) The Joint Labor/Management Committee will develop all Seniority Rosters
34 pursuant to this article and the procedures used to determine placement on the
35 Seniority RosterIf two or more employees enter the same AFSCME
36 classification on the same date, the employee with LACMTA seniority shall
37 prevail.
38
39 2) If two or more employees enter the same AFSCME classification on the same
40 date, with the same LACMTA seniority, classification seniority will be by the
41 date and time of their physical examinations.
42
43 3) An employee leaving one AFSCME classification for another AFSCME
44 classification shall stop accruing seniority on the first classification’s roster as
45 of the date of transfer. If the employee has never worked in the new
46 classification, he/she shall be placed on the bottom of the new classification

41
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 roster. If the employee has worked in the new classification, he/she shall be
2 placed on the roster in accordance with the cumulative time previously
3 worked in the classification and a new classification date shall be established.
4
5 4) Anyone returning from one AFSCME classification to their former AFSCME
6 classification, within the assessment period, shall suffer no loss of seniority.
7
8 5) Anyone returning from one AFSCME classification to their former AFSCME
9 classification, in excess of the assessment period, shall forfeit their accrued
10 seniority in their current classification.
11
12 6) Anyone transferring to a permanent non-AFSCME classification shall stop
13 accruing seniority in their AFSCME classification effective 180 days after the
14 date of acceptance of the non-AFSCME classification.
15
16 7) Anyone returning from a non-AFSCME classification in excess of the
17 probationary period, to an AFSCME classification, shall be placed at the
18 bottom of that AFSCME classification’s roster effective with the date of
19 transfer.

42
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 23
2
3 LAYOFF
4
5
6
7 23.1 Notice To Unionto AFSCME
8
9 23.1.1. The UnionAFSCME recognizes the LACMTA’s right to reduce the
10 workforce. The AuthorityLACMTA shall give the UnionAFSCME notice
11 in a timely manner when it is considering layoffs and shall negotiate with
12 the UnionAFSCME over alternatives to the layoffs and the impact of
13 layoffs. The LACMTA and the UnionAFSCME shall commence
14 negotiations within three (3) to five (5) days of the notice.
15
16 23.1.2 The AuthorityLACMTA shall provide to the Union AFSCME with all
17 layoff and recall lists.
18
19 23.2 Order Of of Layoff
20
21 23.2.1 In the event of layoff, Probationary employees within the classification
22 being reduced shall be the first to be laid off. For each subsequent layoff
23 within the classification being reduced, reduction shall be made in the order
24 of least AuthorityLACMTA seniority within the classification being
25 reduced.
26
27 23.2.2 “AuthorityLACMTA seniority” for purposes of this Article shall be defined
28 as the cumulative time worked by an employee for the AuthorityLACMTA
29 and its predecessor agencies.
30
31 23.3 Order Ofof Displacement
32
33 23.3.1 An employee who has been laid off shall have the right to displace the
34 employee with the least AuthorityLACMTA seniority in a classification
35 which the employee previously worked. Promotional probationary
36 employees shall be returned to the position within the AFSCME bargaining
37 unit which they held prior.
38
39 23.3.2 When a unitan AFSCME employee has been laid off, the employee may
40 request and, at the option of the Chief ExecutiveOperations Officer or
41 designee, receive a transfer to a lateral or lower level position within the
42 AuthorityLACMTA, if the employee previously held the position or is
43 qualified to hold the position.
44
45 23.4 Rates Ofof Pay
46

43
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 23.4.1 A senior employee displacing a junior employee within the same


2 classification shall not have his pay reduced.
3
4 23.4.2 An employee in a higher classification displacing an employee in a lower
5 classification shall be placed at the highest level of the salary range for the
6 lower classification provided that level does not exceed the rate of pay the
7 employee received in the higher classification. Promotional probationary
8 employees returning to their prior position shall be placed at the salary level
9 they held prior to the promotion.
10
11 23.5 Protection Of of Seniority
12
13 Employees laid off shall hold all seniority and recall rights for a period of twenty
14 four (24) months following layoff or displacement. Employees shall be required
15 to accept any position offered by the LACMTA in accordance with the
16 displacement and recall provisions outlined herein. Failure to accept an offered
17 position shall constitute a waiver of recall rights.
18
19 23.6 Recall
20
21 23.6.1 When the AuthorityLACMTA makes the decision to fill a position which
22 becomes vacant, restore a position that was previously reduced, or creates
23 new positions, the AuthorityLACMTA shall recall the employee who was
24 laid off or displaced, with the highest AuthorityLACMTA seniority within
25 the classification of the position to be filled within the Bargaining
26 Unit.bargaining unit. If no employee with the same classification is
27 available, the AuthorityLACMTA shall recall the employee with the highest
28 AuthorityLACMTA seniority whothat previously held the classification
29 within the Bargaining Unitbargaining unit.
30
31 23.6.2 Employees on layoff lists shall be given preference in filling any vacant
32 position within the AFSCME Bargaining Unit(s)bargaining unit at a lateral
33 or lower level for which the employee is qualified.
34
35 23.6.3 The layoff list for purposes of recall shall include all employees who have
36 been laid off or who have, displaced or have been recalled to a lower
37 classification.
38
39 23.7 Severance
40
41 The provisions for severance pay as set forth in LACMTA HR Policy 3-14,
42 Reduction in Force, in effect at the MTA Policiestime of layoff shall apply to
43 employees laid off in accordance with the provisions of this Article.

44
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 24
2
3 VACATION BIDDING – BUS & RAIL OPERATIONS
4
5
6
7 Vacation (TOWP) shall be scheduled in a manner consistent with the provisions of this
8 Article.
9
10 The amount of vacation to be bid will be determined by the employees TOWP balance at
11 the time of bidding and the number of weeks available at their work location.
12
13 When the final week of a vacation year carries over to a new fiscal year, it shall be
14 biddable as part of the current fiscal year.
15
16 Management shall furnish a copy of all proposed vacation schedules to AFSCME before
17 bidding, and a completed schedule upon completion of bidding.
18
19 An employee who desires to split his/her vacation may do so in subsequent rounds of
20 bidding. The subsequent bid shall occur after all other employees have had the
21 opportunity to bid. The subsequent bid shall be based on the classification seniority order
22 of those employees seeking to bid a subsequent segment. This rotation of bidding shall
23 continue until the employee has bid his/her desired amount of vacation.
24
25 Management will not cancel an approved scheduled vacation unless the manager is able
26 to articulate in writing an operational requirement, which justifies the cancellation.
27
28 In the event of a cancellation by management, the employee will be provided as much
29 notice as possible.
30
31 In the event an employee’s vacation is canceled by management and the employee has
32 made a non-refundable deposit or has prepaid non-refundable tickets, the employee shall
33 immediately inform both management and AFSCME union. The parties will make a
34 good faith effort to resolve the issue.
35
36 24.1 Facilities Maintenance and Support Functions.
37
38 The existing practice regarding the scheduling of vacations within the Divisions
39 and work locations shall be maintained.
40
41 24.2 Transportation – Bus & Rail Operations
42
43 24.2.1 Vacation bidding will be conducted within the Division/Work Location.
44
45 24.2.2 Vacation bidding will occur on a yearly basis within one (1) week of the
46 annual shakeups-up.

45
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 24.2.3 Management will post adequate available vacation weeks for affected
3 classifications, based upon the annual accrual at the work location.
4
5 24.2.4 Employees will bid by classification seniority for the posted available dates.
6 Each bid must be for one (1) or more consecutive weeks.
7
8 24.2.5 If an employee desires to split his/her vacation, the employee’s first bid shall
9 be in classification seniority order. The second bid shall occur after all other
10 employees have had the opportunity to bid. The second bid shall be based
11 on the classification seniority order of those employees seeking to bid a
12 second segment. This rotation of bidding shall continue until the employee
13 has bid his/her desired amount of vacation. Each vacation schedule
14 available for bid shall be posted. Employees and AFSCME shall have
15 access to all vacation schedules before, during, and after the bidding
16 process.
17
18 24.2.6 An employee may leave a written proxy with the Shop Steward if the
19 employee is not available to bid.
20
21 24.2.7 Vacation schedules and open weeks shall be posted and kept current on a
22 weekly basis within the Division/Work location.
23
24 24.2.8 Employees may request vacation on an as needed basis for any open week.
25 If more than one employee requests vacation for an open week,
26 classification seniority shall be used to break ties. Once approved by
27 management, the week shall be closed.
28
29 24.2.9 Employees may with the approval of the Division Manager bid a vacation in
30 excess of their annual accrual, if the employee has adequate TOWP to cover
31 the request.
32
33 24.2.109 Employees may not be bumped out of a scheduled vacation by a more senior
34 employee.
35
36 24.2.1110 Management will not cancel an approved scheduled vacation except due to
37 a state of emergency. In the event a vacation is canceled, or if an
38 employee agrees to work during an approved scheduled vacation, the
39 employee may elect to receive compensation for the week(s) from TOWP
40 time in addition to the employee’s regular pay for the time worked, or the
41 employee may elect to bid for alternative open vacation time.
42
43 24.2.1211 Whenever the employee is the subject of a forced transfer, the employee’s
44 prior approved scheduled vacation will be protected as bid.
45

46
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 24.2.1312 Whenever a voluntary transfer or promotion occurs, the employee’s


2 scheduled approved vacation shall be vacated and the employee shall bid a
3 vacation from the remaining vacation weeks at the new work location or in
4 the new classification.
5
6 24.2.1413 Nothing in this section shall preclude an employee’s request for TOWP on
7 an as needed basis in increments of one (1) hour or more.
8
9 24.3 Operation Maintenance
10
11 24.3.1 Vacation bidding will be conducted within each Division/Work Location.
12
13 24.3.2 Vacation Bidding will occur on a yearly basis within one (1) week of the
14 annual divisional Shift/Days off bidding.
15
16 24.3.3 Management shall make a good faith effort to allot as many vacation slots as
17 operationally possible for each shift.
18
19 24.3.4 Employees will bid off of a common calendar by classification seniority for
20 the posted available dates. Each bid must be in writing and shall be for one
21 (1) or more consecutive weeks.
22
23 24.3.5 If an employee desires to split his/her vacation, the employee’s first bid shall
24 be in classification seniority order. The second bid shall occur after all other
25 employees have had the opportunity to bid. The second bid shall be based
26 on the classification seniority order of those employees seeking to bid a
27 second segment. This rotation of bidding shall continue until the employee
28 has bid his/her desired amount of vacation.
29
30 24.3.65 Once an employee bids vacation, the employee will retain that vacation
31 unless he/she voluntarily selects a different shift or work location.
32 Reassignment by Management will not cause an employee to lose vacation
33 that has been bid.
34
35 24.3.7 Management will not cancel an approved scheduled vacation unless the
36 manager is able to articulate in writing an operational requirement, which
37 justifies the cancellation.
38
39 24.3.8 In the event of a cancellation by management, the employee will be
40 provided as much notice as possible.
41
42 24.3.9 In the event an employee’s vacation is canceled by management and the
43 employee has made an unrefundable deposit or has prepaid unrefundable
44 tickets, the employee shall immediately inform both management and the
45 union. The parties will make a good faith effort to resolve the issue.
46

47
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 24.3.106 Nothing in this provision is intended to limit employees from requesting as


2 needed vacation, provided there are open vacation slots. Such requests shall
3 be on a first come first serve basis. Once granted, employees shall not be
4 bumped out of an assigned vacation,. hHowever, classification seniority
5 shall determine the order in which simultaneous requests will be granted.
6
7 24.3.117 Nothing in this provision is intended to limit employees from using TOWP
8 in less than one (1) week increments.
9
10 24.4 Schedule Checking Supervisor/Schedule Supervisor
11
12 24.4.1 Vacations and Work Group bids will be by classification seniority and not
13 by LACMTA seniority.
14
15 24.4.2 Vacation bids will be effective from July 1st to June 30th (Fiscal Year) of
16 the following year.
17
18 24.4.3 Management will provide bidding sheets with open vacation periods, work
19 hours and locations as available to the Schedule Makers within the
20 Scheduling Groups no later than seventy two (72) hours before the bidding
21 takes place.
22
23 24.4.4 All work groups, locations, work hours and vacations will be bid no later
24 than three weeks prior to commencement of the Fiscal year (July 1st) unless
25 the Divisions shake-up is delayed.
26
27 24.4.5 Each vacation schedule available for bid shall be posted. Employees shall
28 have access to all vacation schedules before, during, and after the bidding
29 process.
30
31 24.4.6 For the Schedule Checking Supervisor, nothing in this section shall preclude
32 an employee’s request for TOWP on an as needed basis in increments of one
33 (1) hour or more.
34
35 24.4.7 For the Schedule Supervisor, nothing in this provision is intended to limit
36 employees from using TOWP in less than one (1) week increments.

48
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 25
2
3 SELECTION OF ASSIGNMENT - BUS & RAIL OPERATIONS
4 BUS & RAIL TRANSIT OPERATION SUPERVISORS
5
6
7
8 25.1 Classifications
9
10 Employees in the following classifications will select assignments in
11 accordaccordance with the following procedures: Transit Operation Supervisor,
12 (TOS), (both full time and part time) and Rail Transit Operation Supervisor,
13 (RTOS. ).
14 For Schedule Checking Supervisor and Schedule Supervisor classifications only,
15 refer to Section 25.7.
16
17 25.42 Method of Shake-up
18
19 Management will determine the number of positions by classification and the
20 available shifts, functions, and days off for each location. These may include
21 some mixed shifts. Prior to the shakeups, advance copies will be sent to the
22 Union for review. (The JLMC will develop procedures for the advance review
23 and discussion of concerns on schedules.) Management shall provide to AFSCME
24 all positions and projected schedules for their respective locations.
25
26 This provision is not intended to diminish or alter the overall number of positions
27 in a classification. Thirty days prior to the shake-up, advance copies of the bid
28 sheets will be sent by Operations Manpower to AFSCME for review.
29
30 25.23 System-wide Shakeups-up
31
32 Once every three years, initially to commence at least 90 days after the ratification
33 date with an effective date of September 10, 2000, employees will select their
34 work assignment. Employees will bid within their classification, in order of
35 classification seniority for their work location, work function, and work schedule.
36 In subsequent three year intervals theThe shake -up will occur by April 1 with a
37 an effective date of the first Sunday in July 1 effective date.
38
39 25.3.1 Inter-Classification Bidding for TOS and RTOS
40
41 During the System-wide Shake-up for Bus and Rail, based on the number of
42 vacant positions and by meeting minimal qualifications, TOS(s) and
43 RTOS(s) may exercise their seniority and bid between classifications. A
44 maximum aggregate of nine (9) TOS may bid out of Bus into Rail. A
45 maximum aggregate of six (6) RTOS(s) may bid out of Rail into Bus.
46

49
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 Any employee who bids between classifications will be provided functional


2 training where required. After the required training has been successfully
3 completed, the employee will be subject to an assessment period of ninety
4 (90) days. The assessment period will be extended by the period of an
5 employee’s absences, if the absences total five days or more.
6
7 By the first Monday in February, Bus and Rail management will identify
8 vacant positions by function, location and schedule, in both the TOS and
9 RTOS classifications and forward a copy of the list to Operations
10 Manpower.
11
12 System-wide Inter-Classification Bid Form – Between the first Wednesday
13 and last Friday in February, employees who desire to bid between
14 classifications will submit a System-wide Inter-Classification Bid Form to
15 their division/location manager. Upon receipt, the manager will distribute
16 as follows: original to employee file, yellow to employee, pink to
17 Operations Manpower.
18
19 During the first week in March, the JLMC will meet to review bid
20 documents for the System-wide Shake-up.
21
22 Phase In – The results of the bid will be phased in. Incumbents may be
23 required to remain in their position until their replacement has been trained
24 and is qualified.
25
26 25.34 Division/Location Shake-up
27
28 On an annual basis by May 1 with an effective date of the first Sunday in July,
29 employees will select their work assignment within their work location.
30 Employees will bid within their classification, in order of classification seniority,
31 for their work function and work schedule. The annual shake-up will not occur in
32 the year of a System-wide Shake-up.
33
34 25.5 Shift Changes
35
36 Any proposed permanent shift changes at one or more locations in between
37 shakeups shall be provided to the Union in advance of the change. The JLMC
38 shall develop a process for review of union concerns regarding the change.
39 While AFSCME recognizes management’s right to modify work assignments or
40 shifts between shake-ups, a JLMC shall be convened at AFSCME’s request to
41 meet and confer to review the business needs of any proposed changes required
42 for a shake-up.
43
44 25.6 Definition of Permanent
45

50
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 Location managers will retain the right to modify work assignments or shifts
2 between shakeups. If the change is anticipated to be for a duration of less than
3 thirty (30) days, then no shakeup will be needed. If the change is for more than
4 thirty (30) days, a shakeup will be conducted at that location only.
5
6 25.7 Procedures
7
8 The Joint Labor/Management Committee will develop procedures to implement
9 all the provisions of this article. The Shakeup procedures for the Classification of
10 Schedule Checking Supervisor will be developed by the JLMC.
11
12 For the Schedule Supervisor classification, work group assignments and vacation
13 bidding procedures are as follows:
14
15 25.7.1 Work Group bids will be once per calendar year, concurrent with Schedule
16 Makers Group bids effective date.
17
18 25.7.2 Work Group will be re-bid by seniority anytime that Authority creates a new
19 work location.
20
21 25.7.3 Vacations and Work Group bids will be by Roster Schedule Supervisors’
22 seniority and not by Authority seniority.
23
24 25.7.4 Vacation bids will be effective from July 1st to June 30th (Fiscal Year) of the
25 following year.
26
27 25.7.5 Management will provide bidding sheets with open vacation periods, work
28 hours and locations as available to Schedule Makers within Scheduling Groups
29 no later than 72 hours before the bidding takes place.
30
31 25.7.6 All work groups, locations, work hours and vacations will be bid no later than
32 three weeks prior to commencing of the Fiscal year (July 1st) unless the
33 Divisions Shake-up is delayed.
34 25.7.7 The amount of vacation to be bid will be determined by years of Authority
35 seniority as follows:
36 • 01-05 years of service - 80 hours
37 • 06-10 years of service – 120 hours
38 • 11-15 years of service – 160 hours
39 • 16-25 years of service – 200 hours
40 • 26 and subsequent years of service – 240 hours
41
42 25.7.8 Vacations can be bid by one-day increments.
43
44 25.7.9 All vacation time that is not bid will be available for bidding at any later date,
45 pending professional judgment between Management and the AFSCME
46 member employee.

51
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 Training – The Joint Labor/Management Committee will review and implement
3 needed changes to the training program to insure effective and consistent training,
4 including the identification of employees as Trainers.
5
6 25.86 Special Conditions for the System-wide Shake-up
7
8 25.86.1 Bus Operations Control – Incumbent employees will not be bumped out as
9 a result of the System-wide Shake-up, but employees may exercise their
10 classification seniority to bid out of the Control Center in the System-wide
11 Shake-up.
12
13 1) Pre-Bid Designation—Prior to the bid employees who desire to use
14 their seniority to bid out of the BOC shall submit a pre bid designation
15 of their intent.
16
17 2) Phase In—The results of the bid shall be phased in. The incumbents of
18 the Control Center, who have bid out, shall may be required to remain
19 in their positions until their replacement has been trained and is
20 qualified. The Phase In Training process shall train three (3)
21 employees, each three (3) month training period. This process will
22 continue in an ongoing basis until the results of the bid have been
23 implemented. The bid will be phased in by Classification Seniority. If
24 employees qualify sooner than the three (3) month training period, the
25 incumbent will be released.
26
27 25.86.2 Operations Central Instruction (OCI)
28
29 In the System-wide Shake-up, no more than fifty percent (50%) of the
30 positions employees assigned at Operations Central Instruction will not be
31 bumped out as a result of the System-wide Shakeup, but all employees may
32 exercise their seniority to bid out of Central InstructionOCI.
33
34 Phase In – The results of the bid shall be phased in. Incumbents shall may
35 be required to remain in their position until their replacement has been
36 trained and is qualified. The Phase- In Training Program shall train at least
37 two (2) employees in each three (3) month training program. This process
38 will continue on an ongoing basis until the results of the bid have been
39 implemented. The bid will be phased in by Classification Seniority. If
40 employees qualify sooner than the three (3) month training period, the
41 incumbents will be released sooner.
42
43 It is the intent of the parties that the phase in number for BOC and OCI will
44 be an aggregate of five (5) at each training period. Normally, three (3) for
45 BOC, two (2) for OCI, if the number of bids falls below these, then the slot
46 will be transferred to the other operation as a bid opportunity.

52
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 25.86.3 Rail Operations Control Center


2
3 Employees may exercise their Classification Seniority to bid in the System-
4 wide Shake-up. The bid result will be phased in by Seniority order.
5 Incumbents will may be required to remain until their replacement is trained
6 and qualified, if needed. The phase in will allow three (3) employees per
7 twelve (12) month training period, an aggregate of nine (9) employees over
8 the bidding cycle. Employees may qualify and be released sooner than the
9 twelve (12) month period. The Phasephase in will continue until all
10 successful bidders are qualified.
11
12 Mixed shifts – Management will create three (3) mixed shifts per year
13 unless in the first year there are any restrictions resulting from reassignment
14 of the current start up crew. In that case, the parties will meet and develop
15 the implementation program consistent with the effort to achieve the three
16 (3) mixed shifts. The number of mixed shifts will be capped at twenty four
17 (24).
18
19 25.86.4 Rail Instruction
20
21 All incumbents of Rail Instruction are protected from being bumped out, but
22 may exercise their seniority to bid in the System-wide Shake-up.
23 Employees who desire to bid out shall submit a pre bid designation prior to
24 the shakeup.
25
26 Vacancies in Rail Instruction shall be filled in the following manner: RTOS
27 who desire to become Instructors will submit a written pre bid designation.
28 The minimum qualification for such pre bid designations will be five (5)
29 years as a RTOS. Employees will be selected in order of Classification
30 Seniority to fill the vacancies. In the event a phase in of employees is
31 required, management and AFSCME will meet and confer.
32
33 Employees who bid into Rail Instruction will serve a ninety (90) day
34 assessment period at the completion of instructor training. If employees do
35 not meet the minimum standards during training or during their ninety (90)
36 day assessment period as an Instructor, they will revert to the shift/function
37 for which they bid held prior to appointment as an Instructor. That position
38 will be held open for a ninety (90) day period.
39
40 25.97 Failure to Complete Training and Assessment Period
41
42 25.97.1 An employee changing functions by seniority bid who has never performed
43 in the function or has not been assigned the function for three (3) or more
44 years is required to complete specific functional qualifications and serve an
45 assessment period to insure they meet minimum performance standards.
46

53
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 In the event an employee fails to qualify, complete training or fails to


2 complete the assessment period or chooses to , he/she shall be allowed to
3 return to their prior function, he/she shall be allowed to bump to any open
4 position within the system for which the employee has previously qualified
5 based upon classification seniority. This bump and any subsequent bump
6 will be limited to within that location. In and qualifications for the event
7 the employee does not have sufficient seniority to bump, management will
8 reassign the employeeposition. In the event there is no open position,
9 management and AFSCME will meet and confer.
10
11 25.97.2 The assessment period will be a ninety (90) day period from the date the
12 employee completes the required training. At a minimum, the employee
13 will be provided a written evaluation approximately every two (2) weeks.
14 The assessment period may be extended by mutual agreement of the parties.
15
16 25.108 Permanent Vacancies – Bus and& Rail Operations
17
18 When vacancies open between the periods of bidding shake-ups, they shall be
19 filled in the following manner.
20
21 Management shall have thirty (30) days from the date of the vacancy to determine
22 if they are to fill the position or eliminate it. If the position is to be filled it will be
23 posted immediately and filled in the manner outlined below. Permanent shift
24 changes shall be posted immediately and filled in the manner below:
25
26 25.10.1 A position vacancy shall be posted and available for bid within the
27 work unit where the vacancy is located. Employees at that location may bid their
28 classification seniority to fill it, and continue bidding until all employees have
29 exercised their seniority for the remaining vacancies.
30
31 25.10.2 Any changes to existing shifts, as a result of the elimination of a
32 position or for any other reason shall be subject to seniority bid by all employees
33 at that work location. The bidding shall continue until all employees have
34 exercised their seniority for the remaining vacancies.
35
36 At the completion of the bidding, the remaining vacancy shall be filled from the
37 appropriate qualified candidate poolQualified Candidate Pool (QCP).
38
39 25.9 Return to Work
40
41 Upon return from a leave of absence of one (1) year or less, the employee shall be
42 entitled to return to the same position, function, and location held before the
43 leave, or bump into an open position at the location, or bump into an open
44 position system-wide.
45

54
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 If the employee chooses to remain at the home location and the previous position
2 is held by a more senior member, the employee will be forced to bump a junior
3 TOS/RTOS at the same location. The junior TOS/RTOS who is displaced will be
4 entitled to bump the junior most TOS/RTOS at the location. The junior most
5 TOS/RTOS will be entitled to bump any open assignment system-wide.
6
7 All bumps must be for assignments for which the employee is functionally
8 qualified.

55
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 26
2
3 SELECTION OF ASSIGNMENT - EQUIPMENT MAINTENANCE AND
4 BUS & RAIL EQUIPMENT MAINTENANCE SUPERVISORS
5
6
7
8 These procedures shall apply to bothEquipment Engineering Supervisor, Equipment
9 Maintenance and RailInstructor, Equipment Maintenance Supervisors, Equipment
10 Services Supervisor, Rail Equipment Maintenance Instructor, Rail Equipment
11 Maintenance Supervisor, and Senior Equipment Maintenance Instructor within their
12 respective classifications.
13
14 26.21 Selection of Work Assignments
15
16 Employees shall select their work schedules and shifts at their respective work
17 locations in accordance with their classification seniority.
18
19 On an annual basis a division shake-up shall occur. Schedules for each
20 division/work location, including shift and days off shall be posted. Employees
21 will bid in order of classification seniority for their shift and days off. Bid sheets
22 will be posted in April. The effective date will be the first Sunday in June.
23
24 Thirty (30) days prior to the shake-up, advance copies of the bid sheets will be
25 sent by Operations Manpower to AFSCME for review. Copies of the completed
26 bid sheets will be sent to AFSCME.
27
28 In the event a division is not fully staffed at the time of the annual shake-up,
29 Management shall determine the shift assignments to be posted for bid. Prior to
30 the assignment of an additional supervisor to the division, the available shift
31 assignments shall be posted and the incumbent supervisors shall re-bid their
32 shifts. The incoming supervisor will be assigned to the remaining open shift.
33
34 Nothing herein, as provided in Section 26.21, Selection of Work Assignments,
35 shall be construed to prevent management from temporarily reassigning an
36 employee to provide training or remediation to resolve a job performance
37 problem.
38
39 26.12 Vacancies
40
41 When vacancies exist, management shall have the right to determine if the
42 vacancy(ies) will be filled. If the position is to be filled, management will post
43 the position for at least a five (5) business daysworking day period at all
44 divisions/work locations. The position will be open for bid to all current
45 EMS/REMS employees for the appropriate classification and will be awarded to
46 the employee with the highest classification seniority.

56
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2 If no one bids on the position, management may fill the position with a newly
3 hired employee. If the position is filled through the bidding process, there will be
4 a secondsubsequent round of bidding to fill the resulting vacancy. The procedure
5 will be the same as above. If the secondsubsequent vacancy is not bid on,
6 management may fill the position with a newly hired employee.from the Qualified
7 Candidate Pool (QCP). If the secondsubsequent vacancy is filled by bid, the
8 resulting vacancy may be filled by a newly hired employee. There will be no
9 more than two (2three (3) rounds (cycles) of bidding.
10
11 When a vacancy at a work location has been created due to reallocation or
12 reorganization of existing positions, the positions shall be posted and bid in
13 accordance with the procedure outlined in paragraph 1.above. Positions which
14 remain unfilled after the bidding process is completed, shall be filled by the
15 employees whose position has been eliminated if they have not successfully bid to
16 another position.
17
18 26.3 Return to Work
19
20 Upon return from a leave of absence of one (1) year or less, the employee shall be
21 returned to the same position held before the leave or to a comparable position.

57
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 27
2
3 VACANCIES -
4 BUS & RAIL FACILITIES MAINTENANCE AND SUPPORT FUNCTIONS
5
6
7
8 This provision will apply to employees within their respective classifications: Cash
9 Counting Supervisor, Rail Traction PowerDocument Production Supervisor,
10 MaterielFacilities Maintenance Supervisor, General Services Supervisor,
11 EquipmentInventory Control Supervisor, Materiel Supervisor, Printing Services
12 Supervisor, Revenue Equipment Supervisor, Facilities Maintenance Supervisor, Rail
13 Communication Supervisor, Rail Track Supervisor, Rail Signal Supervisor, Screen
14 Process Shop Supervisor, Stops and Document Production SupervisorZones Supervisor,
15 Rail Traction Supervisor, Revenue Equipment Supervisor, Schedule Checking
16 Supervisor, Senior Cash Counting Supervisor, and System Maintenance Supervisor.
17
18 27.1 Vacancies
19
20 27.1.1When vacancies exist, Management shall have the right to determine if the
21 vacancy(ies) will be filled. If the position is to be filled, Management will post
22 the vacancy at all work locations for at least a five (5) working day period. The
23 Notice of Vacancy shall specify the qualifications required for the position.
24 Employees within the classification who meet the qualifications as stated on the
25 notice will be selected to fill the vacancy in the order of highest classification
26 seniority. Employees so selected shall serve a ninety (90) day assessment period
27 for the new position.
28
29 27.1.2If the position is filled through the bidding process, there will be a
30 secondsubsequent vacancy posting to fill the resulting vacancy. The procedure
31 will be the same as above. If the position is not filled by bid, Management may
32 fill the position in accordance with MTA selectionLACMTA HR Recruitment and
33 recruitment policies.Selection Policy. There will be no more than two (2three (3)
34 rounds (cycles) of bidding.
35
36 27.1.3When a vacancy at a work location has been created due to reallocation or
37 reorganization of existing positions, the positions shall be posted and bid in
38 accordance with the procedure outlined in Sections 27.1.1 & 27.1.2.above.
39 Positions which remain unfilled after the bidding process is completed, shall be
40 filled by the employees whose position has been eliminated if they have not
41 successfully bid to another position.
42
43 27.1.4After the above bidding process is complete, Management may fill the
44 position in accordance with Article 18, Promotional Opportunities.
45

58
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 27.1.5 Management management will act expeditiously to fill the remaining


2 vacant positions through the recruitmentLACMTA HR Recruitment and selection
3 process.Selection Policy. During this process management may appoint a
4 supervisor on an actinga temporary basis. Acting Temporary assignments will be
5 limited to no more than six (6) months, except through mutual agreement of
6 LACMTA and AFSCME. ActingTemporary assignments used to fill vacancies
7 created due to a long-term leave of absence may be up to twelve (12) months.
8
9 27.2 Return to Work
10
11 Upon return from a leave of absence of one (1) year or less, the employee shall be
12 returned to the same position held before the leave or to a comparable position.

59
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 28
2
3 COURT APPEARANCES AND JURY DUTY (SEE NEW ARTICLE 30)
4 SELECTION OF ASSIGNMENT
5 SCHEDULE SUPERVISOR
6
7
8
9 28.1 Selection of Work Assignment
10
11 For the Schedule Supervisor classification, work group assignment procedures are
12 as follows:
13
14 On an annual basis, employees shall bid their work location and assignment
15 concurrent with the effective date of bids by the Schedule Makers Group.
16
17 All Work Group(s) will be re-bid by seniority anytime that LACMTA creates a
18 new work location.
19
20 Thirty (30) days prior to the shake-up, advance copies of the bid sheets will be
21 sent by Operations Manpower to AFSCME for review. Copies of the completed
22 bid sheets will be sent to AFSCME.
23
24 28.2 Vacancies
25
26 When vacancies exist, management shall have the right to determine if the
27 vacancy(ies) will be filled. If the position is to be filled, management will post
28 the position for a five (5) working day period at all work locations. The position
29 will be open for bid to all current employees for the appropriate classification and
30 will be awarded to the employee with the highest classification seniority.
31
32 If no one bids on the position, management may fill the position from the
33 Qualified Candidate Pool (QCP). If the position is filled through the bidding
34 process, there will be a subsequent round of bidding to fill the resulting vacancy.
35 If the subsequent vacancy is not bid on, management may fill the position with a
36 newly hired employee. If the subsequent vacancy is filled by bid, the resulting
37 vacancy may be filled by a newly hired employee. There will be no more than
38 three (3) rounds (cycles) of bidding.
39
40 When a vacancy at a work location has been created due to reallocation or
41 reorganization of existing positions, the positions shall be posted and bid in
42 accordance with the procedure outlined above. Positions which remain unfilled
43 after the bidding process is completed shall be filled by the employees whose
44 position has been eliminated if they have not successfully bid to another position.
45

60
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 After the above bidding process is complete, management will act expeditiously
2 to fill the remaining vacant positions through the LACMTA HR Recruitment and
3 Selection Policy. During this process management may appoint a supervisor on a
4 temporary basis. Temporary assignments will be limited to no more than six (6)
5 months, except through mutual agreement of LACMTA and AFSCME.
6 Temporary assignments used to fill vacancies created due to a long-term leave of
7 absence may be up to twelve (12) months.
8
9 28.3 Return to Work
10
11 Upon return from a leave of absence of one (1) year or less, the employee shall be
12 returned to the same position held before the leave or to a comparable position.
13
14 28.4 Joint Labor/Management Committee
15
16 The JLMC will be convened on an as needed basis to address issues that arise
17 during the life of the agreement.

61
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 29
2
3 MAINTENANCE OF BENEFITS
4 SELECTION OF ASSIGNMENT
5 CUSTOMER INFORMATION OFFICER
6
7
8 To the extent this Agreement does not modify any benefits the Authority and Union
9 accept the current level of benefits.
10
11 29.1 Classification
12
13 Employees in the Customer Information Officer classification must meet all
14 minimum qualifications to be selected to any of the three distinct functions which
15 are Floor Supervision/Instruction, Technical and Administration.
16
17 29.2 Selection of Work Assignment
18
19 On an annual basis, a location shake-up shall occur for the Floor
20 Supervisor/Instructor. Schedules for the work location, including shift and days
21 off shall be posted. Employees will bid in order of classification seniority for
22 their shift and days off. Bid sheets will be posted the first Sunday in September.
23 The effective date will be the last Sunday in October.
24
25 Thirty (30) days prior to the shake-up, advance copies of the bid sheets will be
26 sent by Operations Manpower to AFSCME for review. Copies of the completed
27 bid sheets will be sent to AFSCME.
28
29 In the event the location is not fully staffed at the time of the annual shake-up,
30 Management shall determine the shift assignments to be posted for bid. Prior to
31 the assignment of an additional supervisor to the location, the available shift
32 assignments shall be posted and the incumbent supervisors shall re-bid their
33 shifts. The incoming supervisor will be assigned to the remaining open shift.
34
35 Nothing herein, as provided in Section 29.2, Selection of Work Assignment, shall
36 be construed to prevent management from temporarily reassigning an employee to
37 provide training or remediation to resolve a job performance problem.
38
39 Phase In – The results of the bid will be phased in.
40
41 29.3 Vacancies
42
43 When vacancies exist, management shall have the right to determine if the
44 vacancy(ies) will be filled. If the position is to be filled, management will post
45 the position for a five (5) working day period at the work location. The position

62
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 will be open for bid to all current employees who meet minimum qualifications
2 and will be awarded to the employee with the highest classification seniority.
3
4 If no one bids on the position, management may fill the position from the
5 Qualified Candidate Pool (QCP). If the position is filled through the bidding
6 process, there will be a subsequent round of bidding to fill the resulting vacancy.
7 If the subsequent vacancy is not bid on, management may fill the position with a
8 newly hired employee. If the subsequent vacancy is filled by bid, the resulting
9 vacancy may be filled by a newly hired employee. There will be no more than
10 three (3) rounds (cycles) of bidding.
11
12 When a vacancy at a work location has been created due to reallocation or
13 reorganization of existing positions, the positions shall be posted and bid in
14 accordance with the procedure outlined above. Positions which remain unfilled
15 after the bidding process is completed shall be filled by the employee whose
16 position has been eliminated if they have not successfully bid to another position.
17
18 29.4 Training & Assessment Period
19
20 An employee changing functions by seniority bid who has never performed in the
21 function or has not been assigned the function for three (3) or more years is
22 required to complete specific functional qualifications and serve an assessment
23 period to insure they meet minimum performance standards.
24
25 In the event an employee fails to complete training or fails to complete the
26 assessment period, he/she shall be allowed to return to any open position within
27 the system location for which the employee has previously qualified based upon
28 classification seniority and qualifications for the position. In the event there is no
29 open position, management and AFSCME will meet and confer.
30
31 The assessment period will be a ninety (90) day period from the date the
32 employee completes the required training. At a minimum, the employee will be
33 provided a written evaluation approximately every two weeks. The assessment
34 period may be extended by mutual agreement of the parties.
35
36 29.5 Return to Work
37
38 Upon return from a leave of absence of one (1) year or less, the employee shall be
39 returned to the same position held before the leave or to a comparable position.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 2830
2
3 COURT APPEARANCES AND JURY DUTY
4
5
6
7 2830.1 Court or Administrative Hearings
8
9 2830.1.1 Whenever the AuthorityLACMTA requires a unitan AFSCME member to
10 attend a court or administrative hearing on behalf of the Authority, the
11 AuthorityLACMTA, LACMTA shall compensate the unit member at the
12 regular rate of pay less any compensation received by the unit member as a
13 result of the appearance.
14
15 2830.1.2 Whenever a unitan AFSCME member attends a court or administrative
16 hearing pursuant to 2830.1.1, the unit member shall receive compensation at
17 the unit membersmember’s regular rate of pay only during the unit
18 membersmember’s regularly scheduled work hours.
19
20 2830.1.3 Whenever a unitan AFSCME member is a grievant in an administrative
21 hearing or a plaintiff in a court hearing filed against LACMTA, the
22 Authority, the unit member shall be placed on authorized unpaid leave to
23 attend such hearing.
24
25 2830.1.4 Whenever a unitan AFSCME member under a court subpoena is required to
26 testify in a matter directly or indirectly involving the Authority, the
27 AuthorityLACMTA, LACMTA agrees to compensate the employee at the
28 employee’s rate of pay less any other compensation received by the
29 employee as a result of such appearance, for all time spent in court during
30 the employee’s regularly scheduled work day. Time spent in court on
31 regularly scheduled days off or after the regularly scheduled work day are is
32 not compensable.
33
34 2830.2 Jury Duty
35
36 2830.2.1 When a unitan AFSCME member receives notice of a call to jury duty, the
37 unit member will notify his/her supervisormanager.
38
39 2830.2.2 When a unitan AFSCME member is required to serve as a juror on a
40 regularly scheduled workday, the unit \member will be excused from work
41 on that day. The unit member shall receive pay equal to the unit member’s
42 regular daily pay less the fee for service as a juror. Total compensation shall
43 not exceed eight (8) hours in any day of jury service or ten (10) working
44 days in any twelve (12) month period.
45

64
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 2830.2.3 An employee must furnish the AuthorityLACMTA with advance notice of


2 service as a juror and submit official records of jury pay received to be
3 eligible for supplemental jury pay.
4
5 2830.2.4 Supplemental jury pay shall be paid only for days on which the employee
6 was scheduled to work, but did not work due to service as a juror.
7
8 2830.2.5 An employee shall report for the regularly scheduled shift on days for which
9 he/she is not on jury duty.
10
11 2830.2.6 Employees receiving notices of call to jury duty will be temporarily
12 reassigned to the first shift during those days he/she is physically serving on
13 a jury duty, provided fifteen (15) calendar days advance notice of jury duty
14 is given.

65
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3031
2
3 OVERTIME
4
5
6
7 31.1 Distribution of Overtime
8
9 Overtime shall be offered on a perpetual rotating seniority basis to qualified
10 employees eligible for overtime pay at the work location. Failure of an employee
11 to accept overtime when offered will have the same effect as if that employee had
12 worked as far as his/her turn in the rotation is concerned. If no qualified
13 employee volunteers, the least senior qualified employee eligible for overtime pay
14 shall be assigned mandatory overtime in inverse seniority order on a rotating
15 basis. Distribution of TOS/RTOS overtime shall be administered according to the
16 TOS/RTOS Operations Overtime Procedure.
17
18 A non-exempt employee will be compensated one and one-half times the base rate
19 of pay for hours worked which exceed forty (40) hours in a work week. Non-
20 work time such as, vacation, holidays, sick or bereavement leave hours, etc., shall
21 not be counted as hours worked when computing overtime pay.
22
23 30.3
24 31.2 FLSA Exempt – No Overtime
25
26 Certain employees in this bargaining unit areEmployees classified as FLSA
27 Exempt, and in accordance with certain LACMTA policies receive no additional
28 compensation for time spentworked in excess of forty (40) hour work week.
29 These employees will be accountable for the quality of work performed rather
30 than the number of hours worked consistent with the Fair Labor Standard Act.
31 Provided an exempt employee receives prior approval formfrom the employee’s
32 supervisormanager/manager, absences of less than a regular work day will not be
33 deducted from the employee’s salary or TOWP bank.
34
35 31.3 Shift Protection
36
37 No employee will be displaced from his/her scheduled shift by another employee.
38
39 30.1
40 31.4 Non-Exempt – One and One-half time Overtime
41
42 Scheduled overtime shall be offered on a voluntary basis to qualified employees
43 eligible for overtime pay at the job site on a seniority basis. If no qualified
44 employee at the job site volunteers, LACMTA shall offer overtime on a voluntary
45 basis to qualified employees eligible for overtime pay in the bargaining unit. If

66
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 no qualified employee volunteers, the least senior qualified employee eligible for
2 overtime pay shall be assigned on a rotating basis.
3
4 Current practices for the assignment of overtime in a department shall remain in
5 effect until such time the replacement procedures are agreed upon.
6
7 30.2
8 31.5 FLSA Exempt – Straight Time Overtime
9
10 Classifications coded as FLSA straight will be compensated at their straight time
11 rate for any hours worked in excess of forty (40) hours.
12
13 Scheduled overtime shall be offered on a voluntary basis to qualified employees
14 eligible for overtime pay at the job site on a seniority basis. If no qualified
15 employee at the job site volunteers, LACMTA shall offer overtime on a voluntary
16 basis to qualified employees eligible for overtime pay in the bargaining unit. If
17 no qualified employee volunteers, the least senior qualified employee eligible for
18 overtime pay shall be assigned on a rotating basis.
19
20 31.6 Assignment of Bargaining Unit Work
21
22 LACMTA may only assign bargaining unit work to non-bargaining unit
23 employees if no qualified bargaining unit employee is available to perform the
24 work as overtime. Bargaining unit work includes all work that is currently and
25 has in the past been performed by members of the bargaining unit.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3132
2
3 SHIFT DIFFERENTIAL
4
5
6
7 3132.1 There are three (3) shift assignments. First shift is generally the hours between
8 5:00 a.m. to 1:00 p.m. Second shift is generally any shift between the hours of
9 1:00 p.m. and 9:00 p.m. Third shift is generally any shift between the hours of
10 9:00 p.m. and 10:00 a.m.
11
12 Employees regularly assigned to work during the hours referred to as 2nd or 3rd
13 shift above and who are designated as 2nd or 3rd shift supervisors shall be paid an
14 assignment shift paymentpremium of five percent (5%) above the employee’s
15 base rate.
16
17 Relief employees assigned to work a first, second or third shift schedule on a
18 rotating basis shall receive an assignment shift payment of five percent (5%)
19 above the employee’s base rate when their regularly assigned shift includes fifty
20 percent (50%) of the hours worked in a workweek on second or third shift.
21
22 Once an employee is regularly assigned to receive this bonus it will be paid
23 during periods of vacation and other TOWP time use.
24
25 3132.2 Employees who are regularly assigned to the first shift who perform overtime on
26 the second or third shift are not entitled to shift differential pay.
27
28 3132.3 Shifts shall not be assigned in a manner to unreasonably preclude an employee
29 from qualifying for the shift differential.
30
31 3132.4 This provision shall apply only to the following classifications: Cash Counting
32 Supervisor, Equipment Maintenance Supervisor, Rail Traction Power
33 Supervisors, Materiel Supervisor, Equipment Services Supervisor, Facilities
34 Maintenance Supervisor, General Services Supervisor, Cash Counting Supervisor,
35 Equipment Services Supervisor, Rail Materiel Supervisor, Rail Communications
36 Supervisor, Rail Equipment Maintenance Supervisor, Rail Signal Supervisor, Rail
37 Track Supervisor, Rail Traction Supervisor, and Revenue Equipment Supervisor,
38 Facilities Maintenance Supervisor, Rail Communications Supervisor, Rail Track
39 Supervisor and Rail Signal Supervisor.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3233
2
3 TRANSPORTATION PRIVILEGES
4
5
6
7 Employees will be given transportation privileges at the time of employment. Each
8 employee will be allowed the following:
9
10 3233.1 Current LACMTA passes for the employee and his/her family.
11
12 3233.1.1 Spouse will be given MTA rail/busLACMTA Rail/Bus pass privileges after
13 completion of the employee’s probationary period. Bus pass privileges will
14 be continued to the spouse and dependent children of a deceased or retired
15 employee during the spouse’s life or until the spouse’s remarriage.
16
17 3233.1.2 Employee’s An employee’s dependent children, as currently defined in
18 LACMTA HR Transportation Pass Policy, Section 2, will be given MTA
19 rail/busLACMTA Rail/Bus pass transportation privileges after completion
20 of the employee’s probationary period.
21
22 3233.1.3 Retired employees, for the purpose of application of this Article, are entitled
23 LACMTA pass employeestransportation privileges.
24
25 3233.1.4 Lost passes must be immediately reported to the employee’s division or
26 department. The AuthorityLACMTA will levy a fifteen dollars ($15.00)
27 administrative fee (three dollars [$3.00] for retirees) for the replacement of a
28 lost or stolen pass belonging to the employee or dependent. Only one pass
29 per person will be replaced each year; mutilated passes turned in will be
30 replaced without charge or limit.
31
32 3233.1.5 Lost passes will be replaced after thirty (30) days following receipt of the
33 completed report on the prescribed form.
34
35 3233.1.6 All passes must be surrendered at the time of termination of employment.
36 Employees who fail to surrender passes will be charged twenty dollars
37 ($20.00) per month for the balance of the period for which each pass is
38 issued.
39
40 3233.2 A transportation pass subsidy check, up to $102one hundred fifteen dollars
41 ($115.00, for) per month, will be issued to the employee only, or as increased by
42 the Board.

69
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3334
2
3 UNIFORM & SAFETY SHOE ALLOWANCE
4
5
6
7 3334.1 Uniform allowance for employees who are required to wear uniforms:
8
9 3334.1.1 The AuthorityLACMTA will issue vouchers in the amount of three hundred
10 fifty dollars ($350.00) to each eligible full time employee on the
11 Employee’s start date and on the Employee’s Anniversary Date each year
12 thereafter. Part time unit members will receive one hundred fifty dollars
13 ($150.00). Purchases of the prescribed uniform shall be made at the
14 uniform supplier(s) designated by the AuthorityLACMTA.
15
16 33.34.1.2 Uniform vouchers shall not be issued to employees who have performed
17 no service for the AuthorityLACMTA, as covered by this Contract, since
18 his/her previous Anniversary Date.
19
20 33.34.1.3 No uniform voucher shall be issued to an employee who leaves the service
21 of the AuthorityLACMTA prior to his/her next Anniversary Date.
22
23 3334.1.4 Unit members will be required to wear and properly maintain prescribed
24 uniforms while on duty.
25
26 3334.2 Safety Shoe allowance for employees who are required to wear safety shoes:
27
28 3334.2.1 The AuthorityLACMTA will issue vouchers in the amount of one hundred
29 twenty five dollars ($125.00) to each eligible employee for the purchase of a
30 pair of safety shoes on an as needed basis. Full time eligible employees
31 shall be eligible to receive up to a maximum of two (2) one hundred twenty
32 five dollars ($125.00) vouchers per fiscal year. Part time eligible employees
33 shall be eligible to receive one (1) one hundred twenty five dollars ($125.00)
34 voucher per fiscal year.
35
36 3334.2.2 Purchases of safety shoes shall be made at the shoe supplier(s) and of the
37 type designated by the AuthorityLACMTA.
38
39 3334.2.3 No subsequent safety shoe voucher shall be issued to an employee who
40 leaves the service of the AuthorityLACMTA prior to his/her next
41 Anniversary Date.
42
43 3334.2.4 Unit members will be required to wear and properly maintain prescribed
44 safety shoes while on duty.

70
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3435
2
3 UNION LEAVE
4
5
6
7 3435.1 Up to two (2) Union four (4) AFSCME Executive Board members of AFSCME
8 Local 3634 will be granted an unpaid leave of absence for Union AFSCME
9 Business, upon the written request of the UnionAFSCME.
10
11 34.2 One (1) Union Executive Board member of AFSCME Local 3150 will be granted
12 an unpaid leave of absence for Union Business, upon written request of the
13 Union.
14
15 34.3
16 35.2 Employees who are UnionAFSCME Executive Board members, on an unpaid
17 leave of absence for unionAFSCME business, shall retain status as regular full-
18 time employees with the MTA. The LACMTA. LACMTA and/or the employee
19 shall maintain all provided benefits and seniority per the Agreement.

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 ARTICLE 3536
2
3 WAGES AND CLASSIFICATIONS
4
5 Local 3634
6
7
8 A step system within each classification with movement is based on time in grade. The
9 scales below reflect the wage increase effective July 1, 2008 and include the
10 classifications for each pay grade. The wage increases for the term of the Agreement are
11 reflected in the Step Pay System.
12
13
14 AFSCME Pay Grade I
Step A B C D E F
% of Top Pay 75.0% 80.0% 85.0% 90.0% 95.0% 100.0%
Pay Grade I $ 22.24 $ 23.72 $ 25.21 $ 26.69 $ 28.17 $ 29.66
15
Step A B C D E F
% of Top Pay 75.00% 80.00% 85.00% 90.00% 95.00% 100.00%
Pay Grade I $24.59 $26.22 $27.87 $29.50 $31.14 $32.79
16
17 Classifications:
18 Cash Counting Supervisor General Services Supervisor
19 Schedule Checking Supervisor
20
21
22 AFSCME Pay Grade II
Step A B C D E F
% of Top Pay 75.0% 80.0% 85.0% 90.0% 95.0% 100.0%
Pay Grade II $ 23.85 $ 25.44 $ 27.03 $ 28.62 $ 30.21 $ 31.81
23
Step A B C D E F
% of Top Pay 75.00% 80.00% 85.00% 90.00% 95.00% 100.00%
Pay Grade II $26.36 $28.12 $29.88 $31.64 $33.39 $35.16
24
25 Classifications:
26 Customer Information Officer
27 Document Production Supervisor Printing Services Supervisor
28 Rail Transit Operations Supervisor (RTOS) Stops & Zones Supervisor
29 Senior Cash Counting Supervisor
30 Transit Operations Supervisor (TOS)

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 AFSCME Pay Grade III


Step A B C D E F
% of Top Pay 75.0% 80.0% 85.0% 90.0% 95.0% 100.0%
Pay Grade III $ 25.69 $ 27.40 $ 29.12 $ 30.83 $ 32.54 $ 34.26
2
Step A B C D E F
% of Top Pay 75.00% 80.00% 85.00% 90.00% 95.00% 100.00%
Pay Grade III $28.40 $30.30 $32.19 $34.08 $35.97 $37.88
3
4 Classifications:
5 Equipment Engineering Supervisor Equipment Services Supervisor
6 Materiel Supervisor
7
8
9 AFSCME Pay Grade IV
Step A B C D E F
% of Top Pay 75.0% 80.0% 85.0% 90.0% 95.0% 100.0%
Pay Grade IV $ 27.76 $ 29.61 $ 31.46 $ 33.31 $ 35.16 $ 37.02
10
Step A B C D E F
% of Top Pay 75.00% 80.00% 85.00% 90.00% 95.00% 100.00%
Pay Grade IV $30.69 $32.73 $34.78 $36.83 $38.86 $40.92
11
12 Classifications:
13 Equipment Maintenance Instructor Equipment Maintenance Supervisor
14 Facilities Maintenance Supervisor Inventory Control Supervisor
15 Rail Communication Supervisor
16 Rail Equip.ment Maintenance SupervisorInstructor
17 Rail Equipment Maint. Instructorenance Supervisor
18 Rail Signal Supervisor
19 Rail Track Supervisor Rail Traction Power Supervisor
20 Revenue Equipment Supervisor Schedule Supervisor
21 Screen Process Shop Supervisor System Maintenance Supervisor

73
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 AFSCME Pay Grade V


Step A B C D E F
% of Top Pay 75.00% 80.00% 85.00% 90.00% 95.00% 100.00%
Pay Grade V $33.37 $35.60 $37.82 $40.05 $42.28 $44.50
2
3 Classifications:
4 Senior Equipment Maintenance Instructor

74
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 APPENDIX A
2
3 SALARY SCHEDULE
4 Effective July 7, 20021, 2008
5
6
7 1. All other employees shall be placed at the step of the appropriate range for their
8 classification, which is the next highest from their existing hourly rate.
9
10 2. All existing employees shall move to the next highest step on the range on July 1,
11 2002 and every twelve (12) months thereafter until each employee has reached the
12 top step of the range for their classification.
13
14 32. All employees hired into AFSCME represented units shall be placed on the
15 Firstfirst step of the range. After twelve (12) months in the position, the employees
16 shall move to the second step of the range. Movement to the next highest step shall
17 occur every twelve (12) months thereafter, on the employee's classification
18 anniversary date, until the employee has reached the top range.
19
20 43. All employees who promote from one AFSCME bargaining unit position into
21 another shall be placed at the step of the range, for the classification which provides
22 at least a five percent (5%) increase from their previous hourly rate. After twelve
23 (12) months in the position, employees shall move to the next step and each
24 subsequent step, yearly on their classification anniversary date.
25
26 54. No employees shall be reduced in pay as a result of this Agreement.
27
28 65. Employees whose salaries are currently above the ranges shall be maintained at
29 their current hourly rate.All employees will receive the general wage increases
30 agreed upon.
31
32 76. The steps will be increased by the general wage increase agreed upon on July 1,
33 20062008, July 1, 2009 and July 1, 20072010.

75
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 AFSCME Step Pay SystemSTEP PAY SYSTEM


2
3
Step A B C D E F
Pay Grade I
Eff. 7/1/2002 $ 22.24 $ 23.72 $ 25.21 $ 26.69 $ 28.17 $ 29.66
Eff. 7/1/2006 $ 22.93 $ 24.46 $ 25.99 $ 27.52 $ 29.04 $ 30.58
Eff. 7/1/2007 $ 23.64 $ 25.21 $ 26.80 $ 28.37 $ 29.94 $ 31.53

Pay Grade II
Eff. 7/1/2002 $ 23.85 $ 25.44 $ 27.03 $ 28.62 $ 30.21 $ 31.81
Eff. 7/1/2006 $ 24.59 $ 26.23 $ 27.87 $ 29.51 $ 31.15 $ 32.80
Eff. 7/1/2007 $ 25.35 $ 27.04 $ 28.73 $ 30.42 $ 32.11 $ 33.81

Pay Grade III


Eff. 7/1/2002 $ 25.69 $ 27.40 $ 29.12 $ 30.83 $ 32.54 $ 34.26
Eff. 7/1/2006 $ 26.49 $ 28.25 $ 30.02 $ 31.79 $ 33.55 $ 35.32
Eff. 7/1/2007 $ 27.31 $ 29.13 $ 30.95 $ 32.77 $ 34.59 $ 36.42

Pay Grade IV
Eff. 7/1/2002 $ 27.76 $ 29.61 $ 31.46 $ 33.31 $ 35.16 $ 37.02
Eff. 7/1/2006 $ 28.62 $ 30.53 $ 32.44 $ 34.34 $ 36.25 $ 38.17
Eff. 7/1/2007 $ 29.51 $ 31.47 $ 33.44 $ 35.41 $ 37.37 $ 39.35

Pay Grade V
Eff. 7/1/2002 $ 30.19 $ 32.20 $ 34.22 $ 36.23 $ 38.24 $ 40.26
Eff. 7/1/2006 $ 31.13 $ 33.20 $ 35.28 $ 37.35 $ 39.43 $ 41.51
Eff. 7/1/2007 $ 32.09 $ 34.23 $ 36.37 $ 38.51 $ 40.65 $ 42.79

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LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

Step A B C D E F
Pay Grade I
Eff. 7/1/2008 $24.59 $26.22 $27.87 $29.50 $31.14 $32.79
Eff. 7/1/2009 $25.32 $27.00 $28.71 $30.39 $32.07 $33.77
Eff. 7/1/2010 $26.08 $27.82 $29.57 $31.30 $33.03 $34.79

Pay Grade II
Eff. 7/1/2008 $26.36 $28.12 $29.88 $31.64 $33.39 $35.16
Eff. 7/1/2009 $27.15 $28.97 $30.78 $32.59 $34.40 $36.22
Eff. 7/1/2010 $27.97 $29.83 $31.70 $33.56 $35.43 $37.30

Pay Grade III


Eff. 7/1/2008 $28.40 $30.30 $32.19 $34.08 $35.97 $37.88
Eff. 7/1/2009 $29.25 $31.20 $33.15 $35.10 $37.05 $39.01
Eff. 7/1/2010 $30.13 $32.14 $34.15 $36.16 $38.16 $40.18

Pay Grade IV
Eff. 7/1/2008 $30.69 $32.73 $34.78 $36.83 $38.86 $40.92
Eff. 7/1/2009 $31.61 $33.71 $35.82 $37.93 $40.03 $42.15
Eff. 7/1/2010 $32.56 $34.72 $36.90 $39.07 $41.23 $43.42

Pay Grade V
Eff. 7/1/2008 $33.37 $35.60 $37.82 $40.05 $42.28 $44.50
Eff. 7/1/2009 $34.37 $36.67 $38.96 $41.25 $43.54 $45.84
Eff. 7/1/2010 $35.41 $37.77 $40.13 $42.49 $44.85 $47.21
2
3 Wage Increase
4
5 1) 3.10%Four percent (4%) increase to the wage steps effective July 1, 20062008
6 (reflected on the tables above).
7
8 2) 3.10%Three percent (3%) increase to the wage steps effective July 1, 20072009
9 (reflected on the tables above).
10
11 3) Three percent (3%) increase to the wage steps effective July 1, 2010 (reflected on
12 the tables above).

77
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 Wage Adjustment
2
3 1. On October 1, 2002, a $1500 one time payment to all bargaining unit members in
4 lieu of a wage increase on April 1, 2001.
5
6 2. On July 1, 2004, a $1000 payment to employees who are at or above the top of
7 the current step range.
8
9 3. On July 1, 2005, a $1000 payment to employees who are at or above the top of
10 the current step range.

78
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 APPENDIX B -
2 APPENDIX B DISCIPLINE & GRIEVANCE PROCESS

79
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 APPENDIX C
2
3 LACMTA HR POLICY 11 – MEDICAL/DENTAL BENEFITS

80
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1
2
3
4

81
LACMTA & AFSCME 2008 LEGISLATIVE CONTRACT

1 SIGNATURES

82