FOR CASUAL REGULAR EMPLOYEES
THIS AGREEMENT entered into this 11th day of March 2004, by and between WALT DISNEY WORLD CO., hereinafter called “COMPANY” and the SERVICE TRADES COUNCIL UNION, on behalf of signatory International and Local Unions, whose names are subscribed hereto and who have, through its duly authorized officers, executed this Agreement, hereinafter called “UNION.”
WHEREAS,
the operation and service of the Company’s Walt Disney World Resort will
require a large number of employees, and the orderly and uninterrupted
operation of Walt Disney World Resort is of significant interest to the economy
of the State of Florida and of the mutual interest of the parties hereto, and
it is the purpose of this Agreement that all work shall proceed efficiently,
without interruption, and with due consideration for the protection of labor
standards, wages and working conditions; and
WHEREAS, employees have the right to organize and bargain through representatives of their own choice;
THEREFORE, the parties hereto have entered into this Agreement to recognize the Union to establish fair wages, working conditions and benefits and to put into practice effective and binding methods for the settlement of all misunderstandings, disputes or grievances that may arise between the parties hereto, to the end that the Company is assured complete continuity of operation and that Labor‑Management peace is maintained and employees are guaranteed Union rights and protection as provided by this Agreement.
The
Company recognizes the Service Trades Council Union as the sole and exclusive
collective bargaining representative of all of the Company’s casual regular
employees who are in the classification of work listed in Addendum “A” at the
Walt Disney World Resort in Lake Buena Vista, Florida, but excluded are all
other employees, Security Hosts and supervisors as defined in the Labor
Management Relations Act of 1947, as amended.
SECTION 1. AREAS INCLUDED IN AGREEMENT
This
Agreement relates only to the Walt Disney World Resort comprising the “Magic
Kingdom” Theme Park; Disney’s Polynesian Resort; Disney’s Contemporary Resort;
Disney’s Grand Floridian Resort and Spa; Disney’s Caribbean Beach Resort;
Disney’s Beach Club Resort; Disney’s Port Orleans Resort; Disney’s Old Key West
Resort; Disney’s Saratoga Springs;
Disney’s Yacht Club Resort; Downtown Disney; Typhoon Lagoon; Disney’s Wilderness
Lodge; Disney’s All-Star Resorts; Disney’s Boardwalk Resort; Disney’s Wide
World of Sports; Disney’s Coronado Springs Resort; Disney’s Animal Kingdom;
Disney’s Animal Kingdom Lodge; Disney’s River Country; Disney’s Blizzard Beach;
Disney-MGM Studio; Laundry; Golf Operations at the Palm, Magnolia, Oak Trail,
Eagle Pines, Osprey Ridge, and Lake Buena Vista Golf Courses; the Main Entrance
Complex; Fort Wilderness; Tri-Circle D Ranch; Mickey’s Retreat recreation
facilities; Bay Lake and Seven Seas Lagoon; Epcot; Disney’s Pop Century Resort
and roadways, employee entrances, parking lots, guest/employee transportation
facilities, vehicles and boats which directly service the above-referenced
theme parks and resort properties. (Refer to Addendum “B,” Section a.)
SECTION 2. AREAS EXCLUDED IN AGREEMENT
This
Agreement does not apply to or in any way affect Reedy Creek Improvement
District, Concessionaires (as defined in Section 4 of Article 6) who engage
their own employees; Buena Vista Construction Company; Buena Vista Distribution
Co., Inc., or any other present or future division or subsidiary of The Walt
Disney Company except as specifically set forth in Section 1 of this
Article. Also excluded are
classifications described in Addendum “B” except as otherwise specifically
stated therein.
SECTION 1. MANAGEMENT
RIGHTS
Except
as expressly and clearly limited by the terms of this Agreement, the Company
reserves and retains exclusively all of its normal and inherent rights with
respect to the Management of the business, including but not limited to, its
right to select and direct the number of employees assigned to any particular
classification of work; to subcontract work; to establish and change work
schedules and assignments; to implement and effect a lay off; to terminate or
otherwise release employees from duty for lack of work or other just cause; to
make and enforce rules for personal grooming, and the maintenance of
discipline; to discontinue conduct of its business or operations in whole or
part; to institute technological changes (e.g. scheduling methodologies) and
otherwise to take such measures as Management may determine to be necessary to
the orderly, efficient and economical operation of the business.
SECTION 2. BUSINESS SEGMENT DISCONTINUATION/SALE OR
LEASE OF ASSETS
(a)
The
Company may discontinue business segments or sell/lease physical assets which
include the operations without notification to or bargaining with the
Should such discontinuation/sale/lease affect any positions covered by this Agreement, the Company will provide the Union with at least sixty (60) days notice prior to the completion of the transaction and, upon request, meet and negotiate in good faith with the Unions to the full extent required by law with regard to the effect of the transaction on employees covered by this Agreement, including, but not limited to, severance conditions, transfer within the unit, and/or the potential for continued employment with the purchaser. It is understood, however, that agreement between the parties as a result of such negotiations is not a prerequisite to the completion of the transaction at any time after the sixty (60) days have elapsed.
(b)
Should
the Company subsequently re-acquire and begin to operate a business segment
previously discontinued, sold, or leased pursuant to 2(a) above, such business
segment shall automatically be included within the Scope of the Agreement
defined in Article 4, Section 1.
SECTION 1. NO STRIKE – NO LOCKOUT
During the existence of this
Agreement, there shall be no strikes, picketing, work stoppages or disruptive
activity by the
SECTION 2. FAILURE TO CROSS PICKET LINE – VIOLATION OF AGREEMENT
Failure of any employee covered by
this Agreement to cross any picket line established at the Walt Disney World
Resort is a violation of this Agreement.
In applying the provisions of this section, however, it is not the
intention of the Company to require employees to cross a picket line if, after
a reasonable effort to gain entry has been made, it is apparent to Management
that such entry will result in physical violence or injury to the employees.
SECTION 3. UNION’S RESPONSIBILITY TO PREVENT WORK STOPPAGE, STRIKE OR DISRUPTIVE ACTIVITY
The
SECTION 4. DISPUTES WITH CONCESSIONAIRES
Disputes between the Unions parties hereto and any concessionaire operating in WALT DISNEY WORLD shall be so handled as not to interfere with the Company’s business or the business of any concessionaire not a party to such disputes. No picketing or concerted action against any one or more of the concessionaires will be conducted at WALT DISNEY WORLD Resort. “Concessionaire” as used herein, includes a concessionaire and also a licensee, exhibitor, participant, sponsor, contractor, subcontractor or lessee. In the event any other organization pickets at or near WALT DISNEY WORLD resort, the Unions signatory hereto agree that such picket line so far as they and the employees they represent are concerned shall not affect the operation of the Company or concessionaires who are not involved in the dispute.
SECTION 5. EXPEDITED ARBITRATION
Any party to this Agreement may institute the following procedure in lieu of or in addition to any other action at law or equity, when a breach of this Article is alleged.
(a)
The
party invoking this procedure shall notify the permanent Arbitrator. In the event the permanent Arbitrator is
unavailable, he/she shall appoint his/her alternate. Notice to the Arbitrator shall be by the most
expeditious means available, with a notice by facsimile and/or e-mail to the
Business Manager of the
(b)
Upon
receipt of said notice, the Arbitrator named above or his/her alternate shall
set and hold a hearing within twenty‑four (24) hours.
(c) The Arbitrator shall notify the parties by facsimile and/or e-mail of the place and time he/she has chosen for this hearing. Said hearing shall be completed in one session with appropriate recesses at the Arbitrator’s discretion. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator.
(d) The sole issue at the hearing shall be whether or not a violation of this Article has in fact occurred and the Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The Arbitrator shall not have the authority to alter, amend, change, modify, add to or subtract from or reform any provision, Article or language of this Agreement. The Award will be issued in writing within three (3) hours after the close of the hearing, and may be issued without an Opinion. If any party desires an Opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the Award. The Arbitrator may order cessation of the violation of this Article and other appropriate relief, and such Award shall be served on all parties by hand or registered mail upon request.
(e) Such Award may be enforced by any court of competent jurisdiction upon filing of this Agreement and all other relevant documents referred to herein above, in the following manner:
Notice of the filing of such enforcement proceedings shall be given to the other party by facsimile and/or e-mail.
In the proceeding to obtain a temporary
order enforcing the Arbitrator’s Award as issued under Section 5(d) of this
Article, all parties waive the right to a hearing and agree that such
proceeding may be ex parte. Such Agreement
does not waive any party’s rights to participate in a hearing for a final Order
of Enforcement. The Court’s Order or
Orders enforcing the Arbitrator’s Award shall be served on all parties by hand
or by delivery to their last known address or by registered mail.
(f) Any rights created by Statute or law governing arbitration proceeding inconsistent with the above procedure, or which interfere with compliance thereof, are hereby waived by the parties to whom they accrue.
(g)
The
fees and expenses of the Arbitrator shall be divided equally between the moving
party or parties and the party or parties responded.
SECTION 1. UNION ACTIVITIES
The Company and the
SECTION 2. NONDISCRIMINATION AND NON-RETALIATION
The Company and the
The Company and the
SECTION 3. AMERICANS WITH DISABILITIES ACT
The Company and the
SECTION 4. LANGUAGE DISCLAIMER
For purposes of this Agreement, references to employees in the masculine gender shall be deemed to apply equally and without distinction or discrimination to the female gender.
Solicitation for Union purposes by the Union shall not take place on working time, in working areas, in public areas, nor in the tunnel complex (except in break areas contained there), but may be conducted in non-working areas and on non-working time in parking areas, break areas and lunch rooms.
Representatives
of the signatory Unions, designated in writing to the Company by the
(a)
Union Orientation. The Company agrees that it will allow a Union
Representative access to new casual regular bargaining unit employees at
orientation for twenty (20) minutes to introduce their organization and
distribute Union literature. The Company
will provide the
(b) Conversion
to casual regular. The
(c) One-on-One Meetings. Authorized Business Agents will be granted access to non-members in their respective work locations. Such access/contacts will be subject to the following guidelines and restrictions:
1.
The
2.
The letter will not be disparaging to the Company and
will clearly indicate that the employee has the option to meet or not meet with
the
3.
The Company will schedule one-on-ones for employees who
return a signed letter to the Union indicating the desire to meet with the
4. Meetings will be conducted on Company time on a mutually convenient schedule. The location of the meeting site will vary from area to area. Contact should be out of the guest area, but reasonably accessible to the work location. Supervision and other employees should remain away from the meeting area to afford as much privacy as possible.
5. Meetings should be kept to a reasonable limit (5-10 minutes), and Supervision shall be responsible for monitoring this time.
6. Contacts under this Section will be limited to one meeting per employee.
(a) The
(b) Where
the complaint or difference involves more than one (1) employee, it must be
presented to Management by the Shop Steward and one (1) employee for the
employees involved unless presented outside of regular working hours, or unless
the Division Head involved gives permission for other additional employees to
attend such presentation.
(c)
The Company agrees to notify the affiliated
(d) A Shop Steward or Alternate will accompany representatives of Management whenever locker inspection(s) are made.
(e)
The
Steward shall promote harmonious relations between the Company and
employees. All new employee trainer
checklists will include a notation regarding the introduction/identification of
the Shop Steward for the new employee by the Trainer.
The Company agrees to withhold from
the wages on each payroll week uniform weekly membership dues, initiation fees
and/or service charges for each employee who signs and submits an authorization
card. The Company shall forward such
dues to the certified financial secretary or other properly designated official
of the
The
SECTION 6. MONTHLY REPORTS
(a)
The Company agrees to provide each affiliate with a
monthly member/non-member list for their portion of the bargaining unit. The list shall include each employee’s full
name, rate of pay, social security number and address. The information will be provided
electronically in alphabetical order by origin, department and work location
and shall indicate the employee’s
(b) The Company agrees to provide each affiliate with a monthly seniority list for their portion of the bargaining unit. The list shall include each employee’s full name, social security number and date of hire. The information will be provided electronically in order of seniority by origin, department and work location.
SECTION 1. PAYROLL WEEK
A payroll week is a period of seven
(7) days starting at
(a)
The Company shall adhere to seniority in establishing work schedules in a
department, location or scheduling pool unless required to deviate for reasons
of availability, dependability, skill, abilities, and experience of employees
and/or for the orderly and uninterrupted operation of the Company. The determination of an employee's
qualifications as used herein shall be made by the Company. Employees will declare their availability upon hire and then may request
a change during the department, location or scheduling pool’s identified
schedule selection process time period.
Any request to declare availability must be approved by the company.
(b)
Where computerized scheduling is used, the Company
will take appropriate steps to educate employees, Managers and Union Shop
Stewards on how to properly complete the schedule information sheets.
(c) The Company
reserves the right to employ and utilize any and all scheduling methods and
technology (including but not limited to preference scheduling and bucket bids)
necessary for efficient operation of the business and the Company agrees to
provide advance notice to the
(d)
Nothing in this agreement
shall constitute a guarantee of hours.
SECTION 3. PAYROLL DAY
A payroll day is a period of twenty‑four (24) hours starting at
(See Appendix A)
Overtime pay for Casual Regular employees will be in accordance with the Company’s existing practice until ratification of the full-time 2004 Agreement between Walt Disney World Co. and the Service Trades Council. Upon ratification of that Agreement, any change or changes in overtime pay agreed to by the parties in that Agreement will automatically be incorporated into this Agreement and will apply to the Casual Regular employees for the duration of the 2004 Casual Regular Agreement. The Company and the Union agree that the Company will not be obligated to engage in any bargaining, whether over effects, impact or otherwise, over any such change or changes in overtime compensation or over the implementation thereof.
SECTION 1. SCHEDULE OF WAGE RATES
The job classifications and rates of pay which shall prevail during the term of this Agreement are set forth and contained in Addendum "A" attached hereto and considered in all respects to be a part of this Agreement.
If the
Company hereafter establishes any new or substantially changed job
classifications or work operation, prior to the implementation of any new or
substantially changed job classification or work, the Company will discuss each
action with the
If an employee is scheduled to commence work at or after 10:00 p.m. and on or before 4:00 a.m., or more than 50% of his/her work shift is between midnight and 6:00 a.m., he/she will be paid a differential of sixty cents ($.60) per hour in addition to his/her straight time rate for his/her scheduled work day.
SECTION 4. REPORT PAY
(a) Employees who report for work and who were not given prior notice not to report for work, and who are not put to work, will be given two (2) hours pay.
(b) Employees who report for work and are put to work will be paid their full shift if they are sent home before the end of their regular shift.
(c) No report pay will be due an employee if work is not available for him, due to conditions beyond the control of the Company, such as fire, flood, hurricane, or other Act of God, civil disturbances, picketing and threats of harm.
(d) The provisions of this Article apply to all scheduled shifts, including overtime.
SECTION 5. PAYDAY
Employees shall be paid weekly and their pay will not be delayed more than six (6) days from the end of each payroll week, providing, however, that if a payday falls on an employee's regularly scheduled day off or a paid holiday, he/she shall receive his/her paycheck on his/her next regularly scheduled work day.
In order to reduce the potential
for payroll errors, the
In the event an employee incurs a serious occupational illness or injury and Health Services excuses the employee from further work on that day, he/she shall be paid the unworked balance of his/her scheduled straight-time or overtime shift. Pay for the unworked balance of his/her shift due to an occupational injury shall be considered as time worked for purposes of computing overtime.
SECTION 1. DEFINITION OF SENIORITY
Seniority is defined as the period of continuous service as a casual regular employee working in a job classification covered in Addendum "A" of this Agreement.
SECTION 2. PRINCIPLES OF SENIORITY
The principles of seniority
as defined in this agreement shall be observed on layoffs, recalls, establishing
work schedules by department, location or scheduling pool, promotion and
transfers as defined in specific Articles of the Agreement.
SECTION 3. DISPUTE ON SENIORITY SUBJECT TO GRIEVANCE PROCEDURE
Any dispute on the application of the seniority principle shall be subject to the Grievance Procedure.
SECTION 4. TERMINATION OF SENIORITY
Seniority and the employment relationship shall terminate when an employee:
(a) Resigns.
(b) Is discharged for just cause.
SECTION 5. WORK
STATUS AND UTILIZATION OF CASUAL REGULAR EMPLOYEES
(a) Casual Regular Employees. Employees will be considered casual if they
customarily work less than twenty-five (25) hours per week on an ongoing basis,
or who customarily work twenty-five (25) hours per week or more but less than
seven (7) months per year. The
aforementioned definition is subject to any and all changes subsequently
negotiated in the full-time 2004 Service Trades Council Union agreement.
(b) Probationary Employee. All new casual regular employees shall be
considered probationary employees for a period of ninety (90) calendar
days. Where a newly hired employee is
transferred into a new job classification or to a new location within the first
ninety (90) days, the employee shall serve an additional ninety (90) day
probationary period in the new job/location.
The Company reserves the right to terminate their employment for any
reason until they have completed any such probationary period. However, probationary employees shall be
entitled to utilize the Grievance Procedure to grieve any matter which could be
grieved by any other employee except termination within the probationary
period.
SECTION 6. TRANSFER
INTO TIPPED CLASSIFICATION
An employee transferring into a tipped classification from a
non‑tipped classification will not be allowed to exercise his/her
seniority as it relates to the selection of work schedules until the major
schedule change following one (1) year of service in the tipped
classification. Effective
SECTION
7. IMMIGRATION
(a)
No employee employed continuously since
(b) No employee covered by this Agreement shall suffer any loss of seniority, compensation or benefits due to any changes in the employee’s name or Social Security number, provided that the new Social Security number is valid and the employee is authorized to work in the United States and he/she has not previously falsified his/her employment application or I-9 documentation.
(c) In the event that an employee is not authorized to work in the United States following the probationary period, and his/her employment is terminated for this reason, the Company agrees to immediately reinstate the employee to his/her former job classification without loss of prior seniority (seniority, vacation or other benefits do not continue to accrue during the period of absence) upon the employee providing proper work authorization within thirty (30) days from date of termination.
SECTION 1. TRANSFER PROCEDURES
Recasting
1. All full-time and part-time vacancies shall
be submitted to the Company’s Casting office.
Employees interested in a transfer shall fill out the appropriate
paperwork and may need to interview at Casting to determine skills and ability. An employee interested in a transfer may
identify two (2) areas of interest for transfer.
2. Upon receiving notice of an STCU vacancy,
Casting shall identify the eligible employee who has completed the appropriate
paperwork and has identified the area of the vacancy as one of their two (2) preferences,
in the following order (after eligible full-time employees):
i.
Top senior part-time employee
statused to the job classification and property
(e.g.
ii.
Top senior part-time employee
statused to the job classification of the vacancy
iii.
Top senior part-time employee
statused to the property of the vacancy