SERVICE
TRADES COUNCIL UNION AGREEMENT
FOR CASUAL REGULAR EMPLOYEES
ARTICLE
1 – PREAMBLE
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.”
ARTICLE
2 – PURPOSE
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.
ARTICLE
3 – RECOGNITION
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.
ARTICLE
4 – SCOPE OF AGREEMENT
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.
ARTICLE
5 – MANAGEMENT RIGHTS
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.
ARTICLE
6 – WORK STOPPAGES AND LOCKOUTS
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.
ARTICLE 7 – NONDISCRIMINATION
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.
ARTICLE
8 – UNION ACTIVITY AND CHECK‑OFF
SECTION
1. UNION SOLICITATION
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.
SECTION
2. ACCESS OF UNION REPRESENTATIVES
TO PREMISES
Representatives
of the signatory Unions, designated in writing to the Company by the
SECTION
3. UNION ACCESS PROCEDURES
(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.
SECTION
4. SHOP STEWARD OR ALTERNATE
(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.
SECTION
5. CHECK‑OFF
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.
ARTICLE
9 – HOURS OF WORK
SECTION 1. PAYROLL WEEK
A payroll week is a period of seven
(7) days starting at
SECTION 2. SCHEDULING
(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
ARTICLE 10 - OVERTIME
(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.
ARTICLE 11 ‑ JOB
CLASSIFICATIONS AND WAGE RATES
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.
SECTION 2. RATES FOR NEW JOBS
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
SECTION 3. NIGHT SHIFT DIFFERENTIAL
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
SECTION 6. PAY
FOR DAY WHEN INJURED
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.
ARTICLE
12 ‑ SENIORITY AND WORK STATUS
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.
ARTICLE
13 – TRANSFERS
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
iv.
Top senior part-time employee
3.
The vacancy will then be filled in accordance with
Sections 2 or 3 as prescribed below (except as noted in 5 below).
4.
Employees who have not updated their phone number with
the Company will be bypassed after attempting to contact them.
5. Employees shall not be eligible for voluntary transfer until after 90 days of part-time employment with the Company within the bargaining unit, excluding any probationary period recasting.
SECTION 2. TRANSFERS TO THE SAME JOB CLASSIFICATION
AND/OR DIFFERENT JOB CLASSIFICATION
(a)
The Company agrees that in granting transfers to
different locations and/or different job classifications, seniority shall
prevail when candidates possess the following qualifications:
1. Length of service:
a. Six (6) months employment
b.
Minimum of six (6) months in work location
2. Dependability:
a. Supervisor’s Record Card may have no more than five (5) attendance entries within the last six (6) months (not including early release or authorized days off)
b.
No more than one (1) reprimand in the last six (6)
months
3. Skill and Ability:
a.
Demonstrated skill and ability necessary to perform the
specific job
(b) Employees transferring to a different job classification shall be placed upon a forty-five (45) day qualifying period. If the Company determines during the forty-five (45) day qualifying period that the employee’s performance is not satisfactory or if the employee requests a return within the forty-five (45) days, the Company will return the employee to his/her prior job classification and location and the employee shall be immediately eligible to transfer again.
SECTION 3. TRANSFERS TO NEW PROPERTY/ATTRACTIONS OPENINGS
(a)
The parties agree that in granting transfers to
different locations and/or different job classifications in the opening of a
new resort property or attractions, the following guidelines shall apply:
1.
Minimum of six (6) months employment
2.
Supervisor’s Record Card may have no more than four (4)
attendance entries within the last six (6) months (not including early shift
releases or authorized days off); no more than one (1) reprimand within the
last six (6) months
3.
Essential qualifications and skills as determined
through record notations and a personal interview
4.
All of the above being equal, seniority shall prevail
(b)
Employees transferring to a different job
classification shall be placed upon a thirty (30) day qualifying period. If the Company determines during the thirty
(30) day qualifying period that the employee’s performance is not satisfactory,
the Company will return the employee to his/her prior job classification and
location.
ARTICLE
14 ‑ INTERCHANGEABILITY OF WORK ASSIGNMENT
SECTION 1. INTERCHANGEABILITY
IN SAME JOB CLASSIFICATION
The Company may assign, reassign, or transfer an employee to any work location during the workday or workweek within all of the areas included in this Agreement, as outlined in Article 4 (SCOPE OF AGREEMENT).
SECTION 2. INTERCHANGEABILITY IN DIFFERENT JOB CLASSIFICATIONS
(a) Scheduled
1.
The
Company may create scheduled shifts or pools which require movement from one
job classification to a different classification. Such movement may be from one location to
another.
2.
The
Company may assign the shift to the junior employee statused in the affected
locations.
3.
The
Company will provide all required training for employees working these
schedules.
4.
Costume
changes and travel time between locations will be considered time worked.
(b) Unscheduled
The Company may assign, reassign, or transfer an employee to a different job classification in the same or different work location during the workday or workweek within all of the areas included in this Agreement, as outlined in Article 4 (SCOPE OF AGREEMENT).
SECTION 3. RATE OF PAY
Whenever an employee is assigned or transferred to perform two (2) or more job classifications during the day, the employee will receive his/her permanent rate or the rate for the job to which he/she was transferred, whichever is higher, for all time worked in the higher classification. The only exception is when a non-tipped employee works in a tipped classification, he/she will be paid the appropriate tipped rate for all hours worked in that classification.
SECTION 4. ASSIGNMENT, REASSIGNMENT OR TRANSFER OF SHOP
STEWARDS
In the administration of this Article, the
Company will not involuntarily assign, reassign or transfer Shop Stewards.
ARTICLE
15 ‑ DISCIPLINE, STANDARDS OF
CONDUCT
AND DISCHARGE
SECTION 1. STANDARD OF CONDUCT
High standards of conduct are necessary to preserve the Company's public image and to ensure a safe, harmonious and productive working atmosphere. The Company shall administer the sections of this Article with due consideration for the employee. Such consideration shall include length of service, work record and seriousness of violation. The Company will make every effort to ensure the consistent and timely application of the disciplinary section of this Agreement.
SECTION
2. UNION REPRESENTATION
The
employee has the right to the presence and advice of his/her Shop Steward at
the time of disciplinary action. In any
formal questioning by the Company that could lead to disciplinary action, the
employee will be informed of the purpose of the questioning and that he/she has
a right to a Shop Steward’s presence.
SECTION 3. NOTICE OF INVESTIGATION
In those circumstances where the Company determines that an investigation will be conducted regarding an employee's actions and where such investigation may lead to disciplinary action but does not require that the employee be suspended from work, the Union agrees that the decision not to suspend the employee during the investigation shall not be utilized in any manner, in any subsequent proceeding as evidence contesting the disciplinary action.
SECTION 4. DISCIPLINARY/INVESTIGATORY
SUSPENSIONS
(a) An employee may be suspended from work so that the Company may complete a thorough investigation and review of an alleged incident/offense. At the conclusion of the investigation, the employee will receive one of the following:
1. No discipline and a return to work with full back-pay;
2.
A reprimand in accordance with
Section 5(a) below and a return to work with full back-pay;
3.
Disciplinary suspension in accordance
with Section 4 (b) below; or
4.
Termination in accordance with
Section 6 below.
(b) An
employee may be suspended without pay for a period of up to two (2) weeks in
lieu of termination. The parties
recognize, however, that the use of a suspension is not a mandatory component
of the disciplinary progression.
(c) In circumstances where an investigatory suspension extends beyond two (2) weeks, an employee shall be paid on a weekly basis until such time that the suspension is concluded and an employment decision is administered by the Company.
(d) The Parties agree that back pay will be
calculated based on the average hours worked during the previous twelve (12)
weeks worked by the employee affected.
SECTION 5. DISCIPLINE
Discipline
must be for just cause. In administering
discipline, the Company will make its determination based on the factors in
Section 1.
(a) Reprimands
Reprimands will be issued in writing on a specific subject or subjects
and will be signed by the Supervisor who will present it and discuss it with the
employee. Reprimands will be presented and discussed within fifteen (15)
calendar days after the occurrence, or within fifteen (15) days after the
immediate supervisor has had a reasonable opportunity to become aware of and
complete an investigation of the occurrence, whichever is later, unless
prevented by the absence of the employee or extenuating circumstances beyond
the control of the Company. These time
limits shall not apply to discipline based on attendance, clocking or
discipline as a result of an HR Compliance investigation. An employee will sign the reprimand, not in
admission of the offense, but in acknowledgment that a copy of the reprimand
has been received by the employee. The
Company shall make copies of written reprimands available to the
(b) Disciplinary Point System
1. Reprimands may count as one (1) or two (2) disciplinary points, such determination shall be based upon a fact-specific evaluation of the disciplinary incident.
2. Any combination of five (5) disciplinary points within the preceding twelve (12) months shall result in the employee's termination.
3.
It is specifically understood by the parties that the
disciplinary point system is not restricted to same or similar offenses but may
include different offenses on a cumulative basis.
4. Absenteeism/Tardiness discipline and Clock In/Out discipline are specifically excluded from the disciplinary point system defined in this section. Refer to Sections 7 and 8.
(c) The Company will electronically provide a list of all employees discharged and the reasons for such discharge to the appropriate affiliate Unions on a monthly basis.
SECTION 6. DISCHARGE
An employee may be discharged for just cause, which includes, but is not limited to the following:
(a) Insulting, arguing, being discourteous or using profane language in the presence of a guest;
(b) Fighting at WALT DISNEY WORLD, regardless of who provokes it, may result in automatic termination for both parties involved;
(c) Falsification of records, such as medical forms, time cards or employment applications;
(d) Using, being in possession of, or being under the influence of narcotics, intoxicants, drugs or hallucinatory agents during working hours or reporting for work under such conditions;
(e) Conviction, plea of guilty, plea of no contest, or acceptance of pre-trial diversion, or other similar resolution to a felony or serious misdemeanor, such as but not limited to child abuse, lewd and lascivious behavior or sale/distribution of controlled substances;
(f)
Violation of operating rules and procedures
which may result in damage to Company property or in bodily injury to fellow
employees or guests;
(g) Gambling, sleeping while on duty, or willful insubordination;
(h)
Dishonesty or misconduct that is detrimental to
the Company;[1]
(i) Continued violation of the Company appearance guidelines;
(j)
Failure to return from a leave or vacation;
(k) Excessive tardiness or absenteeism;
(l)
Discrimination/harassment;
(m)
Possession of dangerous or unauthorized materials such
as explosives, firearms, or other similar items on Company property.
An employee will be notified of the reason for the discharge.
SECTION 7. ABSENTEEISM
AND TARDINESS STANDARD
Absences:
Beginning
with 3 in any 30 days = reprimand
Beginning
with 6 in any 90 days = reprimand
Beginning
with 9 in any 180 days = reprimand
Beginning
with 12 in any 365 days = reprimand
Tardiness:
A tardiness of more than two (2) hours will count as one
absence. A tardiness of two (2) hours or
less will count as one-half (1/2) an absence.
(a) Procedures:
1. The following items shall not be counted as absences:
a. Work incurred injuries;
b. Release of shift for medical reasons;
c.
Subsequent consecutive call-ins for the same illness or
injury will not count as an additional occurrence;
(b)
The disciplinary progression shall be three (3)
reprimands prior to termination within a twenty-four (24) month period. Any twelve
(12) month period free from
discipline will result in beginning again at first step of progressive
discipline. The Company agrees to
provide to employees information regarding the FMLA with any attendance
reprimand issued.
SECTION 8. CLOCK
IN/CLOCK OUT STANDARD
Failure to Either Clock in or
Clock Out:
Beginning
with 3 points in any 30 days = reprimand
Beginning
with 6 points in any 90 days = reprimand
Beginning
with 9 points in any 180 days = reprimand
Beginning
with 12 points in any 365 days = reprimand
Tracking:
Failure
to clock in for the start of shift = ˝ point
Failure
to clock out for the end of shift = ˝ point
Failure to clock in and out for same shift = 1 point
Clocking in more than fifteen (15) minutes before the start of shift = 1 point
Clocking out more than fifteen (15) minutes after end of shift = 1 point
Procedures:
Employees must utilize the time recording
clock to which they are assigned unless otherwise directed by Management.
It is the responsibility of the employee to inform Management of a lost or stolen ID card before the end of his/her shift.
(a) Failure to clock as a result of a lost, stolen, or damaged ID card is considered one-half (˝) point. (During the time it takes the employee to replace a lost, stolen, or damaged ID card [maximum seven (7) days], the clock infractions will not be counted toward this point matrix system for disciplinary purposes.)
(b) The disciplinary progression shall be three (3) reprimands prior to termination within a twenty-four (24) month period. Any twelve (12) month period free from discipline will result in beginning again at the first step of progressive discipline.
(c) The Company reserves the right to discipline outside this matrix when an employee habitually loses possession of or damages his/her ID card.
(d)
Falsification of hours worked and/or the use of your ID
card by anyone other than yourself may result in disciplinary action, not
excluding termination.
ARTICLE
16 ‑ GRIEVANCE PROCEDURE
(See Appendix “B”)
Grievance procedure for Casual Regular employees will be in accordance with the Company’s existing practice under the full-time Service Trades Council Union Agreement until ratification of the full-time 2004 Agreement between Walt Disney World Co. and the Service Trades Council Union. Upon ratification of that Agreement, any change or changes to the grievance procedure 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 the grievance procedure or over the implementation thereof.
ARTICLE
17 ‑ COSTUMES, UNIFORMS, AND PERSONAL
SECTION 1. COSTUMES
AND WORK UNIFORMS
If the Company requires an employee to wear a uniform or costume, it will be furnished at the Company's expense. Shoes shall be furnished at the employee's cost even if uniformity is required, provided they are generally accepted as street wear.
SECTION 2. SAFETY AND SANITARY CLOTHING AND EQUIPMENT
Where
the Company, for safety purposes, requires the use of protective clothing,
shoes, or other safety devices, other than hairnets and headbands, they will be
furnished without cost to the employees.
The
SECTION 3. LAUNDRY AND CLEANING OF CLOTHING PAID BY COMPANY
Cleaning or laundering the clothing furnished under this Article shall be provided by the Company. Such clothing and other equipment will at all times remain the property of the Company and the employee who is issued any of these items will be fully responsible for seeing that they are properly cared for. Employees who voluntarily take and clean their costumes at home will be responsible for the cost thereof.
SECTION 4. PENALTY FOR LOST CLOTHING OR MISUSE OF CLOTHING AND LOST LOCKER KEYS
Each employee will be required to sign an authorization for the Company to deduct from wages the amount of money necessary to replace the employee's company‑furnished uniform in the event the uniform is not returned when required, or is defaced or is willfully damaged. An unreturned or lost locker key will result in a wage deduction in the amount necessary to replace the lock on an employee's locker. An employee who willfully defaces, destroys or misuses a company‑furnished uniform is subject to disciplinary action, including dismissal.
SECTION 5. PERSONAL APPEARANCE RULES SET FORTH IN WRITING
It
is recognized that the Company may make and enforce rules relating to the
personal appearance which must be set forth in writing and must be reviewed
with the
SECTION 6. FURNISHED CLOTHING NOT TO BE WORN OFF WALT DISNEY WORLD PREMISES
Company‑furnished clothing is not to be worn off the WALT DISNEY WORLD Resort premises outside of employee's working hours without permission from management.
ARTICLE
18 ‑ SAFETY AND HEALTH
SECTION 1. COMPANY RESPONSIBILITY
The Company will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment. The Company agrees that it will furnish and maintain sanitary toilet facilities, washrooms, lockers and changing quarters for all employees covered by this Agreement.
SECTION 2. EMPLOYEE RESPONSIBILITY
All employees shall obey the Company's safety and health rules.
SECTION 3. COMPANY ‑ UNION COOPERATION
(a)
The Company and the
(b)
The Company and the
SECTION 4. EXAMINATIONS
(a)
The Company and the
(b) Applicants for employment with the Company may be required to undertake a post-offer, conditional-employment medical examination. Examinations will be conducted by a licensed physician designated and paid for by the Company.
(c) Employees may be required by the Company to submit to a medical or psychological examination at the Company's expense in the following situations:
1. When the Company needs to determine whether an employee is able to perform the essential functions of a position with or without accommodation and/or whether the employee can perform the essential functions of a position, with or without reasonable accommodation, without directly threatening his/her health or safety or that of others;
2. When the Company concludes that it must determine whether reasonable accommodation is required or where an employee has requested accommodation, including the nature and extent of such accommodation;
3. When the Company concludes it must acquire medical advice to determine whether a local, state or federal health or safety standard can be satisfied;
4. When the Company is obligated by law to assess, monitor and/or maintain a record of an employee's health status.
(d) Pursuant to Section 2 above, the Company reserves the right to require an employee to undergo an examination by a licensed physician or certified health care provider designated by the Company at the Company's request. If the employee disagrees with the medical opinion of the Company-designated physician or certified health care provider, the employee may select, at his/her expense, a physician or appropriate certified health care provider to conduct the Company-required medical or psychological examination. The results of that examination must be submitted to the Company-designated physician for concurrence. In the event the two physicians cannot agree, the Company and the employee shall select a third physician from a panel of three physicians supplied by the Company. The cost of the third physician will be paid by the Company.
(e) Employees whom the Company determines are not able to perform the essential functions of a position, with or without reasonable accommodation, or who pose a direct threat that cannot be reasonably accommodated will be considered to reassignment to vacant positions for which they meet the minimum qualifications. The Company shall not be required to create "light duty" positions for permanently disabled employees. In those instances where reassignment or other reasonable accommodation is not available, the employee may be terminated or placed on an appropriate leave of absence.
(f) Employees enrolled in the Limited Work Program shall continue to be covered by the provisions of the collective bargaining agreement.
(g)
An employee's rights to disability, workers'
compensation, or other benefits which are administered independently of this
Agreement shall be determined exclusively by the plan terms and laws governing
those benefits and not by arbitration under this Agreement.
SECTION 5. IMMINENT
DANGER
No employee shall be compelled to perform work or operate equipment that poses an imminent danger to life or serious physical harm to himself/herself.
ARTICLE
19 ‑ EMERGENCY WORK AND RUNNING REPAIRS
BY
EMPLOYEES
SECTION 1. EMERGENCY WORK
Any employee may be requested to perform emergency work, which includes any situation endangering other persons or which might result in property damage.
SECTION 2. RUNNING REPAIRS
Running repairs may be performed by operating personnel covered by this Agreement, or by personnel regularly assigned to the department where the need for such repairs occurs. Running repairs are generally defined as minor maintenance repairs or adjustments which can be done without a cessation of normal operations, or where such repairs or adjustments can restore such equipment or unit to operation without an extended shut‑down.
ARTICLE
20 ‑ INTERPRETATION
The parties hereto may interpret, alter or amend this Agreement by mutual action in writing, and no individual employee shall have cause to complain therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees, whether such action be prospective or retroactive.
ARTICLE
21 ‑ SEVERABILITY
It is not the intent of either party hereto to violate any laws or any rulings or regulations of any governmental authority or agency having jurisdiction of the subject matter of this Agreement and the parties hereto agree that in the event any provisions of this Agreement is held or constituted to be void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of this Agreement.
ARTICLE
22 – PAST PRACTICE
Any and all pay practices, benefits and work rules enjoyed by the Casual Regular Employees prior to the date of this agreement, unless specifically addressed in this agreement, will remain in effect throughout the duration of this agreement.
ARTICLE 23 ‑ PENSION
Pension for eligible Casual Regular employees will be in accordance with the Company’s existing defined benefit Pension Plan until the ratification of the full-time 2004 Agreement between Walt Disney World Co. and the Service Trades Council Union. Upon ratification of that Agreement, any change or changes in that defined benefit pension plan agreed to in or in connection with 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 in any such event not be obligated to engage in any bargaining over effects, impact or otherwise, over any such change or changes in the defined benefit Pension Plan or over the implementation thereof.
ARTICLE 24 - SUBCONTRACTING
During
the term of this Agreement, the Company agrees that it will not subcontract
work for the purpose of evading its obligations under this Agreement. However, it is understood and agreed that the
Company shall have the right to subcontract in the following instances and will
give notice of such subcontracting to the
(a) Where some work is required to be sublet to maintain a legitimate manufacturer's warranty; or
(b) Where the subcontracting of work will not result in the termination or layoff, or the failure to recall from layoff, any regular full‑time employee qualified and classified to do the work; or
(c) Where the employees of the Company lack the skills or qualifications or the Company does not possess the requisite equipment for carrying out the work; or where
(d) Because of size, complexity or time of completion, it is impractical or uneconomical to do the work with Company equipment and personnel.
ARTICLE 25 - WORK BY SUPERVISORS
It
is recognized that the duties of a supervisor are, as the designation implies,
largely of a supervisory nature.
Accordingly, supervisors shall not perform work such as that performed
by the employees as herein defined, except:
(a) For emergency purposes.
(b) In the instruction and training of employees or supervisors.
(c) Work of an experimental nature.
(d) Testing materials and production.
(e) Start‑up
and closing‑down of operations.
(f) To protect Company property and/or to ensure the safety of guests and/or employees.
(g) To provide uninterrupted services in order to ensure a positive guest and/or employee experience.
Work by
supervisors as described by the provisions of this Article is not intended as a
means by which the Company may eliminate any bargaining unit position(s) or
shift(s). In the event the Union believes
that the provisions of this Article have been violated, the
ARTICLE
26 ‑ TERM OF AGREEMENT
SECTION 1. TERM
This Agreement and any further amendment or
supplement hereto shall be in full force and effect from October 5, 2003, and
from year to year thereafter, subject to the right of either party to terminate
the same at the anniversary of, September 29, 2007 upon the giving of written
notice of termination not later than sixty (60) days next preceding the
effective date of such termination.
SECTION 2. COMPLETE
AGREEMENT
The parties acknowledge that during the
negotiations which resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject or matter
not removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties, after the exercise of
that right and opportunity, are set forth in this Agreement. Therefore, the Company and the Union, for the
life of this Agreement, each voluntarily and unqualifiedly waives the right and
each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to or covered in this Agreement,
except as provided specifically in Section 2 of this Article, or with respect
to any subject or matter not specifically referred to or covered in this
Agreement, even though such subjects or matters may not have been within the
knowledge or contemplation of either or both of the parties at the time that
they negotiated or signed this Agreement.
WITNESS WHEREOF, the parties have caused
this Agreement to be executed and effective as of the day and year first above
written.
FOR THE SERVICE TRADES COUNCIL
Joseph P. Condo
Service Trades Council President
Transportation
Communications International
AFL-CIO
_ ______
Margie Engels
Service Trades Council Union Secretary
Hotel
Employees & Restaurant Employees
AFL-CIO
Brian J. Lawlor
Service Trades Council Union Treasurer
International
AFL-CIO
Donna-Lynne Dalton
Service Trades Council Vice President
International Brotherhood of Teamsters, Local 385
AFL-CIO
Edward K. Chambers, Jr.
Service Trades Council Vice President
United Food & Commercial Workers, Local 1625
AFL-CIO
Morty Miller
Service Trades Council Vice President
Hotel
Employees & Restaurant Employees
AFL-CIO
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ADDENDUM "A" |
Effective |
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Job Classification and Labor Grade Structure |
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Tipped
Classifications |
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Flat Rate Schedule |
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Tipped Progression Schedule |
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Occ Code |
Job Classification |
Labor Grade |
|
Occ Code |
Job Classification |
Labor Grade |
||||||
|
715 |
Banquet Fac H/H (T) (Houseperson) |
T-D |
|
045 |
Banquet Fac H/H (T) (Houseperson) |
T-3 |
||||||
|
705 |
Banquet Svc H/H (T) |
T-C |
|
050 |
Banquet Svc H/H (T) |
T-1 |
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7XX |
Banquet Svc H/H (T) 7i |
T-C |
|
03X |
Banquet Svc H/H (T) 7i |
T-1 |
||||||
|
305 |
Bev Asst (T) (Barback) |
T-E |
|
57X |
Bev Cart H/H (T) 7i |
T-1 |
||||||
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56X |
Bev Cart H/H (T) 7i |
T-A |
|
351 |
Bev Captain (T) |
T-6 |
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|
723 |
Bev Captain (T) |
T-H |
|
26X |
Bev Captain (T) 7i |
T-6 |
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25X |
Bev Captain (T) 7i |
T-H |
|
035 |
Bev H/H (T) (Bartender) |
T-5 |
||||||
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725 |
Bev H/H (T) (Bartender) |
T-E |
|
05X |
Bev H/H (T) 7i |
T-5 |
||||||
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70X |
Bev H/H (T) 7i |
T-E |
|
275 |
Food/Bev Asst (T) (Busser) |
T-5 |
||||||
|
720 |
Food/Bev Captain (T) |
T-D |
|
295 |
Food/Bev Captain (T) |
T-4 |
||||||
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29X |
Food/Bev Captain (T) 7i |
T-D |
|
72X |
Food/Bev Captain (T) 7i |
T-4 |
||||||
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740 |
F&B Dinner Show Svr (T) |
T-A |
|
282 |
F&B Dinner Show Svr (T) |
T-1 |
||||||
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28X |
F&B Dinner Show Svr (T) 7i |
T-A |
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30X |
F&B Dinner Show Svr (T) 7i |
T-1 |
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700 |
Food/Bev Svc H/H (T) |
T-A |
|
285 |
Food/Bev Svc H/H (T) |
T-1 |
||||||
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730 |
Hosp Svc H/H (T) (Bellmen
& Valet) |
T-B |
|
350 |
Hosp Svc H/H (T) (Bellmen
& Valet) |
T-2 |
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710 |
Special Svc H/H (T) (Room Svc) |
T-C |
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775 |
Special Svc H/H (T) (Room Svc) |
T-3 |
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All tipped employees hired prior to |
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Tipped employees hired on or after |
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the Flat Rate Schedule. |
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WALT DISNEY WORLD |
ADDENDUM "A" |
Effective |
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Job Classification and Labor Grade Structure |
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Non-Tipped
Structure |
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Increases of 2.5% for anniversary dates between |
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Labor Grade |
Min |
Max |
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Labor Grade |
Min |
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Max |
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3 |
$6.70 |
$10.76 |
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18 |
$9.05 |
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$13.68 |
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4 |
$6.75 |
$10.87 |
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19 |
$9.30 |
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$13.99 |
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5 |
$6.85 |
$10.99 |
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1A |
$9.00 |
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$13.44 |
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6 |
$6.95 |
$11.11 |
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1C |
$12.40 |
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$17.72 |
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7 |
$7.05 |
$11.22 |
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1D |
$10.80 |
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$16.01 |
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8 |
$7.15 |
$11.36 |
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1E |
$9.65 |
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$14.59 |
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9 |
$7.30 |
$11.54 |
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20 |
$9.55 |
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$14.27 |
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10 |
$7.45 |
$11.72 |
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21 |
$10.00 |
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$14.84 |
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11 |
$7.60 |
$11.92 |
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22 |
$10.45 |
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$15.38 |
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12 |
$7.75 |
$12.08 |
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2F |
$11.70 |
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$18.25 |
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13 |
$7.90 |
$12.27 |
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3A |
$7.00 |
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$11.06 |
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14 |
$8.10 |
$12.52 |
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3G |
$7.20 |
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$11.26 |
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15 |
$8.30 |
$12.77 |
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3H |
$6.95 |
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$11.01 |
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16 |
$8.55 |
$13.06 |
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3I |
$7.70 |
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$11.76 |
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17 |
$8.80 |
$13.37 |
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3P |
$6.70 |
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$10.76 |
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Bonus
Payments (Non-Tipped Cast Members) |
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Cast
Members who will not receive a negotiated increase effective |
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CR
classifications on the date the contract is ratified ( |
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Tipped
Structure |
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Flat
Structure |
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Progression Structure |
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Labor Grade |
Flat Rate |
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Labor Grade |
Min |
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Max |
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T-A |
$2.50 |
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T-1 |
$3.50 |
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$3.50 |
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T-B |
$3.00 |
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T-2 |
$4.05 |
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$4.05 |
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T-C |
$3.15 |
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T-3 |
$4.25 |
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$4.25 |
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T-D |
$3.50 |
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T-5 |
$4.40 |
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$5.10 |
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T-E |
$4.40 |
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T-6 |
$5.45 |
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$5.45 |
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T-H |
$4.75 |
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WALT DISNEY WORLD ADDENDUM "A" |
Effective |
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Job Classification and
Labor Grade Structure |
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Non-Tipped
Structure |
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Increases of 2.5% for anniversary dates between |
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Labor Grade |
Min |
Max |
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Labor Grade |
Min |
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Max |
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3 |
$6.80 |
$10.76 |
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18 |
$9.15 |
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$13.68 |
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4 |
$6.85 |
$10.87 |
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19 |
$9.40 |
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$13.99 |
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5 |
$6.95 |
$10.99 |
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1A |
$9.10 |
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$13.44 |
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6 |
$7.05 |
$11.11 |
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1C |
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