LACMTA - AFSCME

Labor Negotiations
New Contract Training

1
 Objectives – 2008 Negotiations

Improve employee and labor

relations and more efficient Accomplished
problem solving
Clarify contract language for
consistent interpretation and Accomplished
application of work rules
Negotiate an economically
Accomplished
sustainable labor contract

2
Labor Relations Is A Process Not An Event

Finalize
Negotiation
Preparation

Contract Tentative
Administration Agreement

Training Ratification

3
LACMTA Made Two Agreements With AFSCME

Interpersonal Written Contract

Agreement Agreement
We changed how we The changes in the
interact with written language of
AFSCME and our the AFSCME Contract
employees (word and intent)
“You must have confidence in your ability and
then be tough enough to follow through.”
Rosalynn Carter

4
Interpersonal Agreement

We changed how we interact with AFSCME and our

employees

5
 The Values LACMTA Committed To:

• We will treat employees fairly with dignity

and respect
• This is our contract
• These are our employees
• AFSCME is our partner and not our enemy
• We will not hide behind the rules
• We will not hide behind the contract or
grievance process
• We will continue to work on issues of
mutual interest during this contract period

6
The Behaviors LACMTA & AFSCME Committed To:

• Show respect at all times

• Communicate openly, politely
• Use accurate information and data
• Advocate interests rigorously but never
discourteously
• Act professionally at all times
• Avoid surprising or undermining the
AFSCME’s people or interests

7
The Behaviors LACMTA & AFSCME Committed To:

• Listen, comprehend…then speak

• Strive to solve problems jointly
• Address problems locally, quickly
• Maintain integrity in personal and
organizational communications
• Make decisions involving AFSCME and our
employees according to the interest based
problem solving approach

8
 Getting Questions Answered

If you have a question about the contract

changes or contract interpretation:

1. Write down the question

2. Email your question to:
labornegotiations@metro.net

9
 Getting Questions Answered

3. The team will review the question and

respond in writing
4. FAQs (frequently asked questions) will
continue to be posted on the intranet
http://intranet1/labor_contracts/AFSCME/F
AQ_AFSCME.htm
5. Asking questions helps avoid
grievances and establishing
inappropriate practices

10
Written Contract Agreement

Changes in the written language of the AFSCME

Contract

11
 PREAMBLE

• Cleaned up the language by changing titles

of the agency and union throughout the
contract
• Increased the number of members released
from duty in an unpaid status and
appointed by AFSCME to the negotiating
committee

12
 ARTICLE 1 – RECOGNITION

• Deleted references to Local 3150, leaving

Local 3634 as the exclusive representative
of all AFSCME employees

13
 ARTICLE 2 – TERM/EFFECTIVE
DATE/TERMINATION DATE
• TERM: 3 years
• July 1, 2008 to June 30, 2011

14
 ARTICLE 3 – FULL UNDERSTANDING

• Language update, title changes

15
 ARTICLE 4 – SAVINGS CLAUSE

• Minor language changes affecting the

savings clause

16
 ARTICLE 5 – SECURITY

• Language update, title changes

17
 ARTICLE 6 – CONTINUITY OF SERVICE

• Language update, title changes

18
 ARTICLE 7 – BULLETIN BOARDS

• Management shall not post any material

on an AFSCME bulletin board
• Language update, title changes

19
 ARTICLE 8 – NON DISCRIMINATION

• Medical condition added to the list of

prohibited acts of discrimination

20
ARTICLE 9 – JOINT LABOR/MANAGEMENT
COMMITTEES (JLMC)

• The committee may be convened by either

party on an as needed basis

21
 ARTICLE 10 – REPRESENTATION

• Language update, title changes

22
 ARTICLE 11 – PROBATIONARY PERIOD

• Language update, title changes

23
 ARTICLE 12 – BEHAVIOR
CORRECTION/DISCIPLINE
• Management will give AFSCME a 10 day
notice that discipline will be taken
• The parties will convene an Interest Based
Problem Solving (IBPS) meeting to attempt
to resolve the issue or correct the behavior
• If this issue is not resolved, a formal hearing
will occur

24
 ARTICLE 12 – BEHAVIOR
CORRECTION/DISCIPLINE
• Use of prior discipline is limited to actions
not more than one year old, excluding
EEO, Sexual Harassment, Violence in the
Workplace, etc.
• Notice requirement for IBPS, hearings,
decisions and all appeals tightened to 10
day each
• Letter of Charge and Notice of Hearing
must contain certain minimum information
reflected in 12.2

25
 ARTICLE 12 – BEHAVIOR
CORRECTION/DISCIPLINE
• Movement to the next step of progressive
discipline is for like behavior
• Twelve month trial period for Labor Rep
participation in IBPS
• Paid and unpaid suspensions have the
same force and effect
• Demotion is not a step of progressive
discipline

26
 ARTICLE 13 – PERSONNEL &
MEDICAL RECORDS FILES
• Medical Records added to an employee’s
personnel file, but are maintained in a
separate file

27
ARTICLE 14 – GRIEVANCES AND ARBITRATION

• Definition of a grievance
• For discipline and non-discipline
grievances, the process starts with an
informal discussion and then an IBPS
meeting
• Created a two step process to arbitration
for discharge cases
• An IBPS meeting maybe requested at any
time during the grievance process
28
ARTICLE 14 – GRIEVANCES AND ARBITRATION

• The first appeal is to the COO with an IBPS

and the second appeal is to arbitration
• Created a three step process to arbitration
for discipline less than discharge
• The first appeal is to the GM or
department head, second appeal is to the
COO with an IBPS and third appeal is to
arbitration

29
ARTICLE 14 – GRIEVANCES AND ARBITRATION

• The same three step process also applies

to non-discipline grievances
• Notice requirement for IBPS, hearings,
decisions and all appeals tightened to 10
day each
• Settlement offers made in an IBPS meeting
are confidential and not admissible in
arbitration
• Parties may agree to extend time limits
30
 ARTICLE 15 – FLEXIBLE SCHEDULING

• The JLMC shall meet to discuss flexible

work schedules
• Language update, title changes

31
 ARTICLE 16 – BREAKS AND LUNCHES

• Requests to change the existing practice

shall be brought to the JLMC for review
and approval

32
 ARTICLE 17 – HEALTH AND SAFETY

• Title changes

33
ARTICLE 18 – PROMOTIONAL OPPORTUNITIES

• For permanent promotions within

AFSCME, preference will be given to
AFSCME members
• Vacancies created by promotions of
AFSCME members outside the bargaining
unit are divided into two classes, short
term is 30 days or less. Long term is 31
days or more

34
ARTICLE 18 – PROMOTIONAL OPPORTUNITIES

• AFSCME members filling a short term

assignment are selected from the POP or
QCP eligibility list
• AFSCME members filling a long term
assignment are selected from the QCP
eligibility list

35
ARTICLE 18 – PROMOTIONAL OPPORTUNITIES

• Vacancies created by promotion of an

AFSCME member may be posted and the
resulting vacancy filled by overtime or the
initial vacancy may be filled by overtime or
not filled
• Members may not serve more than 6
months in an upgraded position outside
AFSCME over an 18 month period

36
ARTICLE 18 – PROMOTIONAL OPPORTUNITIES

• A list of employees for forced overtime at

the location will be prepared on a weekly
basis and will be used when the voluntary
and System-wide overtime lists have been
exhausted
• Requests for extension of the time limits
shall be brought to the JLMC for review

37
 ARTICLE 19 – RAIL PROFICIENCY

• Language update, title changes

• An RTOS may schedule quarterly
proficiency ride during the first 60 days of
the quarter, thereafter management will
schedule the ride either during their work
shift or day off

38
 ARTICLE 20 – PAID TIME OFF

• Beginning on July 1, 2009, an additional

holiday, the day after Thanksgiving Day will
be added

39
ARTICLE 21 – SUPERVISOR RESPONSIBILITY

• No Supervisor will be assigned to operate

revenue equipment in service unless there
is an emergency as defined in 21.1

40
 ARTICLE 22 – SENIORITY LISTS

• Language update, title changes

• Added AFSCME seniority policy guidelines
to the contract

41
 ARTICLE 23 – LAYOFF

• Language update, title changes

42
 ARTICLE 24 – VACATION BIDDING
BUS & RAIL OPERATIONS
• Employees are allowed to bid all TOWP
time in their bank, depending on the
number of vacation weeks made available
• When the final week of a vacation year
carries over to a new fiscal year, it shall be
biddable as part of the current fiscal year
• Management will not cancel an approved
scheduled vacation unless the manager
articulates in writing an operations
requirement justifying the cancellation

43
 ARTICLE 24 – VACATION BIDDING
BUS & RAIL OPERATIONS
• In the event that the employee has made a
non-refundable deposit or prepaid non-
refundable ticket, management and AFSCME
shall make a good faith effort to resolve the
issue
• Each vacation schedule available for bid shall
be posted and will be available before, during
and after the bidding process
• Schedule Checking Supervisor/Schedule
Supervisor vacation bidding process added to
the agreement
44
 ARTICLE 25 – SELECTION OF ASSIGNMENT
BUS & RAIL TRANSIT OPERATION SUPERVISORS

• Shake-up bidding and vacation bidding

procedures were incorporated into the
contract
• Inter-classification bidding for TOS and
RTOS allowing a maximum of 9 TOS to bid
out of bus into rail and a maximum of 6
RTOS to bid out of rail into bus
• For the ROC, the number of mixed shifts
will be capped at 24

45
 ARTICLE 25 – SELECTION OF ASSIGNMENT
BUS & RAIL TRANSIT OPERATION SUPERVISORS

• Employees failing to complete training shall

be allowed to return to any open position in
the system for which he/she is qualified
• During the 90 day assessment period, the
employee will be provided written evaluations
approximately every two weeks
• Employees returning from LOA’s of one year
or less shall be returned to the same position
they held before the leave or to a comparable
open position
46
 ARTICLE 26 – SELECTION OF ASSIGNMENT
BUS & RAIL EQUIPMENT MAINTENANCE SUPERVISORS

• Employees returning from LOA’s of one year

or less shall be returned to the same position
they held before the leave or to a comparable
open position
• Added classifications to the article
• Advanced copies of bid sheets will be sent to
AFSCME for review 30 days prior to the shake-
up
• For filling vacancies by bid, the resulting
vacancy may be filled by a newly hired
employee and there will be no more than 3
rounds of bidding

47
ARTICLE 27 – SELECTION OF ASSIGNMENT - BUS & RAIL
FACILITIES MAINTENANCE AND SUPPORT FUNCTIONS

• Employees returning from LOA’s of one

year or less shall be returned to the same
position they held before the leave or to a
comparable open position
• Added classifications to the article
• For filling vacancies by bid, the resulting
vacancy may be filled by a newly hired
employee and there will be no more than 3
rounds of bidding

48
 ARTICLE 28 – SELECTION OF ASSIGNMENT
SCHEDULE SUPERVISOR

• Gave Schedule Supervisors their own

article in the agreement and covered
selection of work assignment, filling of
vacancies and return from a LOA

49
 ARTICLE 29 – SELECTION OF ASSIGNMENT
CUSTOMER INFORMATION OFFICER

• Incorporated the CIOs into AFSCME and

the collective bargaining agreement
• Covered their selection of work
assignment, filling of vacancies, training
and assessment period and return from a
LOA

50
 ARTICLE 30 – COURT APPEARANCES
AND JURY DUTY
• Language update, title changes

51
 ARTICLE 31 – OVERTIME

• Added a process for the distribution of

overtime
• Non-work time, such as vacation, holiday,
sick or bereavement leave hours shall not
be counted as hours worked when
computing overtime

52
 ARTICLE 32 – SHIFT DIFFERENTIAL

• Language update, title changes

53
ARTICLE 33 – TRANSPORTATION PRIVILEGES

• Language update, title changes

• Increased the transportation pass subsidy
to $115.00/month

54
 ARTICLE 34 – UNIFORM &
SAFETY SHOE ALLOWANCE
• Language update, title changes

55
 ARTICLE 35 – LEAVE

• Language update, title changes

• Increased from 2 to 4 AFSCME E-Board
members will be granted unpaid leave for
union business

56
ARTICLE 36 – WAGES & CLASSIFICATIONS

• Effective July 1, 2008 – 4%

• Effective July 1, 2009 – 3%
• Effective July 1, 2010 – 3%
• See the wage scales and step increases

57
 APPENDIX A

• Language update, title changes

58
 APPENDIX B – DISCIPLINE &
GRIEVANCE PROCESS
• Added the Discipline & Grievance
flowchart

59
 APPENDIX C – LACMTA HR POLICY 11
MEDICAL/DENTAL BENEFITS
• Added LACMTA HR Policy 11 –
Medical/Dental Benefits

60