AGREEMENT
BETWEEN
WALT
DISNEY WORLD CO.
AND
THE
SERVICE TRADES
COUNCIL
(FULL
TIME)
EFFECTIVE
THROUGH
ARTICLE 1 - PREAMBLE.......................................................................................................... 1
ARTICLE 2 - PURPOSE............................................................................................................. 1
ARTICLE 3 - RECOGNITION..................................................................................................... 1
ARTICLE 4 - SCOPE OF AGREEMENT................................................................................. 1
ARTICLE 5 - MANAGEMENT RIGHTS.................................................................................... 2
ARTICLE 6 - WORK STOPPAGES AND LOCKOUTS......................................................... 2
ARTICLE 7 - NEW EMPLOYEE SELECTION........................................................................ 4
ARTICLE 8 - NON-DISCRIMINATION .................................................................................... 4
ARTICLE 9 - UNION ACTIVITY AND
CHECK-OFF.............................................................. 5
ARTICLE 10 - HOURS OF WORK............................................................................................ 8
ARTICLE 11 - OVERTIME.......................................................................................................... 9
ARTICLE 12 - JOB CLASSIFICATIONS AND
WAGE RATES......................................... 11
ARTICLE 13 - SENIORITY AND WORK STATUS.............................................................. 14
ARTICLE 14 - TRANSFERS.................................................................................................. 16
ARTICLE 15 - LAYOFFS, RECALLS, AND
FURLOUGH.................................................. 18
ARTICLE 16 - INTERCHANGEABILITY OF WORK
ASSIGNMENTS............................. 19
ARTICLE 17 - LEAVES OF ABSENCE................................................................................. 20
ARTICLE 18 - DISCIPLINE, STANDARDS OF
CONDUCT AND DISCHARGE........... 22
ARTICLE 19 - GRIEVANCE PROCEDURE......................................................................... 26
ARTICLE 20 - HOLIDAYS........................................................................................................ 28
ARTICLE 21 - VACATION........................................................................................................ 30
ARTICLE 22 - JURY DUTY AND BEREAVEMENT
LEAVE PAY.................................... 34
ARTICLE 23- PENSION AND WELFARE............................................................................ 35
ARTICLE 24 - COSTUMES, UNIFORMS, AND
PERSONAL APPEARANCE.............. 40
ARTICLE 25 - SAFETY AND HEALTH................................................................................. 40
ARTICLE 26 - WORK BY SUPERVISORS........................................................................... 42
ARTICLE 27 - EMERGENCY WORK AND RUNNING
REPAIRS.................................... 43
ARTICLE 28 - BULLETIN BOARDS...................................................................................... 43
ARTICLE 29 - SUBCONTRACTING...................................................................................... 43
ARTICLE 30 - INTERPRETATION......................................................................................... 44
ARTICLE 31 - SEVERABILITY............................................................................................... 44
ARTICLE 32 - TERM OF AGREEMENT................................................................................ 44
ADDENDUM “A”....................................................................................................................... 49
ADDENDUM “B”
(AMENDMENT
TO SCOPE OF AGREEMENT)....................................................... 62
ADDENDUM "C"
(ALCOHOL AND DRUG ABUSE POLICY) ……....…………..………………..….63
ADDENDUM "D-1"
(UNITE HERE! LOCAL 737)……...………………………………………………….67
ADDENDUM “D-2”
(INTERNATIONAL
BROTHERHOOD OF TEAMSTERS (I.B.T.).......................... 75
ADDENDUM “D-3”
(UNITE
HERE! LOCAL 362)........................................................................................ 80
ADDENDUM “D-4”
(TRANSPORTATION COMMUNICATIONS
INTERNATIONAL
UNION
(T.C.U.)............................................................................................................... 91
ADDENDUM "D-5"
(UNITED FOOD AND COMMERCIAL WORKERS (U.F.C.W.)........................... 103
LETTERS OF UNDERSTANDING.............................................................................. 116-120
INDEX
Absenteeism and Tardiness Standard......................................................................... 24-25
Access of Union Representatives to
Premises.................................................................. 5
Amendment to Scope of Agreement –
Addendum “B”.................................................. 62
Americans with Disabilities Act........................................................................................ 5,
41
Animal Care................................................................................................................................ 85
Areas Excluded in Agreement................................................................................................. 2
Attractions............................................................................................................................ 83-85
Banquets/Catering.................................................................................................. 68,
113-115
Banquet/Catering Payment Policy................................................. 107,
108, 112, 113, 114
Bereavement Leave........................................................................................................... 34-35
Bucket Bid Scheduling......................................................................................................... 118
Bulletin Boards......................................................................................................................... 43
Bus Operations................................................................................................................... 75-77
Business Segment Discontinuation/Sale
or Lease of Assets........................................ 2
Cash Handling Matrix....................................................................................... 71,
86, 100-101
Cast Deployment System.................................................................................................... 117
Casual Employees................................................................................... 5,
15, 19, 97-98, 120
Check-Off.....................................................................................................................................
7
Child Care................................................................................................................................ 100
Clock in/Clock out Standard............................................................................................ 25-26
Confectionery Premium............................................................................................... 104-105
Coordinators.................................................................................................... 12-13,
77, 81, 91
Coordinators of Training.................................................................................................. 13-14
Costumes, Uniforms, and Personal
Appearance............................................................ 40
Culinary...................................................................................................... 68,
69, 109, 110, 115
Custodial........................................................................................................................ 80-82,
94
Data Maintenance.......................................................................................................... 103-104
Dinner Shows............................................................................................................................ 72
Discharge............................................................................................... 3,
15, 22-24, 62, 64, 66
Disciplinary Point System............................................................................................... 23,
93
Disciplinary/Investigatory Suspensions...................................................................... 22-23
Discipline... 2, 3, 22, 23, 25, 26, 62, 66, 67,
70, 71, 75, 82-86, 88, 90, 92, 93, 100, 101, 106, 111
Disney Cruise Line Gratuities............................................................................................... 95
Distribution of Overtime............................................................................................................ 9
Double Time.................................................................................................................. 10,
11, 29
Dress and Travel Time.............................................................................................................. 9
Emergency Work and Running Repairs............................................................................ 43
Failure to Cross Picket Line..................................................................................................... 3
Family and Medical Leave........................................................................................
21, 25, 28
Five Day Work Week........................................................................................................... 8,
10
Food and Beverage Assignor Premium............................................................................. 70
Four Day Work Week.......................................................................................................... 8,
10
Front Desk...............................................................................................................
94, 100, 101
Full-Time Employees....... 1, 8, 15, 18, 25, 28,
30, 34, 39, 40, 76, 78, 91, 93, 94, 102, 110, 112
Furlough...................................................................................................................... 6,
8, 18, 19
General Teller Premium.......................................................................................................... 70
Gratuity Calculation for In-House
Events........................................................................ 108
Gratuity Distribution.............................................................................................................. 107
Grievance Procedure....................................................... 8,
11, 15, 18, 22, 26-28, 43, 62, 63
Group and Convention Assistant........................................................................................ 96
Group and Convention Guaranteed
Gratuities................................................................. 95
Group Insurance....................................................................................................................... 38
Guest Reflection Reports................................................................................................ 88,
89
Guest Service Evaluation............................................................................................ 106,
107
Holidays.......................................................................................................................... 28-30,
84
Hours of Work.......................................................................................................... 8,
9, 68, 116
Houseperson.................................................................................... 68,
94, 107, 108, 113-115
Housekeeping............................................................................................................... 72-74,
94
Housekeeping Premium......................................................................................................... 73
Identification Cards............................................................................................................... 119
Immigration................................................................................................................................ 16
Imminent Danger...................................................................................................................... 42
Incident/Accident Standard....................................................................... 75,
82, 84, 92, 102
Interchangeability........................................................................................................ 19,
20, 94
International Brotherhood of Teamsters
(I.B.T.)......................................................... 75-79
Interpretation............................................................................................................................
44
Investigatory Suspensions............................................................................................. 22,
23
Involuntary Overtime................................................................................................................. 9
Job Classifications and Wage Rates.................................................................................. 11
Jury Duty.................................................................................................................................... 34
Labor/Management Committee.............................................................. 83,
85, 89, 105, 111
Layoffs, Recalls, and Furlough............................................................................................. 18
Leave for Compensable Injury.............................................................................................. 21
Leaves of Absence............................................................ 8,
15, 20, 23, 25, 26, 92, 106, 113
Lifeguards................................................................................................................................ 101
Lockouts................................................................................................................................... 2,
3
Lunch Period............................................................................................................................... 9
Management Rights................................................................................................................... 2
Medical Leaves Exceeding One Year.................................................................................. 21
Money Room Premium......................................................................................................... 104
Monorails.............................................................................................................................. 93-94
New Employee Selection.......................................................................................................... 4
Night Shift Differential............................................................................................................. 11
Non-Automated Hat Stitching/Sewing
Premium............................................................ 104
Non-Automated Personalization Premium...................................................................... 105
Non-Discrimination and Non-Retaliation.......................................................................... 4-5
No Strike - No Lockout.............................................................................................................. 2
Non-Occupational Medical Leave........................................................................................ 21
Notice of Investigation............................................................................................................ 22
Occupational Leave................................................................................................................. 21
One-On-One Meetings............................................................................................................... 5
Overtime.......................................... 8-12, 19, 29, 30,
39, 67, 68, 76-78, 81, 91, 94, 100, 114
Pay for Day When Injured...................................................................................................... 12
Payday........................................................................................................................................ 12
Payment for Accrued Vacation............................................................................................. 33
Payroll Day................................................................................................................................... 8
Payroll Week.......................................................................................................... 7-8,
10-12, 34
Pension and Welfare.......................................................................................................... 35-39
Personal Appearance.............................................................................................................. 40
Personal Holidays............................................................................................................. 28,
29
Personal Leave Days........................................................................................................ 25,
39
Physical Examinations........................................................................................................... 63
Preamble....................................................................................................................................... 1
Premium Pay.............................................................................. 69,
70, 80, 81, 90, 91, 94, 103
Preference Scheduling..................................................................................................... 14,
16
Pre-Planned Guaranteed Room Deliveries........................................................................ 96
Probationary Employees........................................................................................................ 15
QSR Premium............................................................................................................................ 70
Ranch Operations.................................................................................................................... 78
Rate of Pay..................................................................................... 7,
11, 20, 39, 107, 108, 113
Rates for New Jobs................................................................................................................. 11
Recall from Layoff/Furlough.................................................................................................. 18
Recognition.................................................................................................................................. 1
Report Pay............................................................................................................................ 11-12
Reprimands..................................................................................................... 13,
14, 23, 25, 26
Rest Period................................................................................................................................... 9
Running Repairs...................................................................................................................... 43
Safety and Health............................................................................................................... 40-41
Safety Committee..................................................................................................................... 42
Scheduling... 5, 8, 14, 19, 20, 29, 30, 33, 68,
76-79, 81, 91, 93, 96, 106, 109, 111-113, 116, 118
Scope of Agreement............................................................................................... 1,
19, 20, 62
Section Size......................................................................................................................... 72-74
Seniority.. 6-8, 12-18, 20-22, 25, 29, 30, 33,
76-78, 81-82, 91, 94, 96-98, 103-104, 110, 113-114
Seniority and Work Status..................................................................................................... 14
Service Charge for Parties of Eight (8)
or More.......................................................... 67-68
Severability................................................................................................................................ 44
Shop Steward or Alternate..................................................................................................
6, 7
Sick Leave........................................................................................................ 19,
21, 25, 29, 39
Standards of Conduct............................................................................................................. 22
Subcontracting..................................................................................................................... 2,
43
Term of Agreement.................................................................................................................. 44
Textile Services Operations............................................................................................ 77,
78
Thirty (30) Day Qualifying Period......................................................................................... 17
Thirty (30) Day Furlough......................................................................................................... 18
Time and One-Half.................................................................................................................... 10
Trainers....................................................................................................................................... 13
Transfer into Tipped Classification..................................................................................... 16
Transfer Outside of Bargaining Unit................................................................................... 16
Transfer Procedures............................................................................................ 16,
17, 98, 99
Transfers........................................... 14, 16, 17, 19, 20,
69, 74, 82, 85, 93, 97, 99, 100, 103
Transfers for F&B Tipped Employees................................................................................ 69
Transfers to New Property/Attraction
Openings.............................................................. 17
Transfers to the Same/Difference Job
Classification............................................... 17,
19
Transportation Communications
International
Turnabout Pay.......................................................................................................................... 10
Union Access Procedures....................................................................................................... 5
Union Activity and Check-Off.................................................................................................. 5
Union Orientation....................................................................................................................... 5
Union Representation............................................................................................................. 22
Union Solicitation....................................................................................................................... 5
UNITE HERE! Local 362.................................................................................................... 80-90
UNITE HERE! Local 737.................................................................................................... 67-74
United Food & Commercial Workers
(U.F.C.W.).................................................... 103-115
Utility Premium Pay........................................................................................................... 80,
94
Vacation............ 12, 14, 16, 19, 21, 24, 29, 30-34, 39, 68, 72,
77, 79, 84-89, 111, 113, 114
Vacation Planners.............................................................................................................. 85-90
Vacation Scheduling............................................................................................................... 33
Violation of Clearance Procedures...................................................................................... 93
Wage Penetration..................................................................................................................... 68
Watercraft............................................................................................................................. 91-92
Work by Supervisors......................................................................................................... 42-43
Work Day.................................................................................... 8,
10, 11, 12, 15, 85, 111, 112
Work Schedule............................................................................ 2,
8, 13, 14, 16, 81, 104, 105
Work Status and Utilization of Full-Time
and Casual Employees............................... 15
Work Stoppages and Lockouts.............................................................................................. 2
Work Week...................................................................................... 8,
10, 76, 96, 107, 111, 113
ARTICLE 1 - PREAMBLE
THIS AGREEMENT entered into this 2nd day of May
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 Full-Time
employees who are in the classification of work listed in Addendum
"A" at Walt Disney World Resort in Bay Lake, 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 Resort; Disney’s Pop Century Resort; 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/Studio Tour; 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; 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 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 lay off, 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, including but not limited to, work automation processes 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 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 Union parties hereto and any
concessionaire operating in Walt Disney World Resort 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 FOR ARTICLE 6
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 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 ‑
NEW EMPLOYEE SELECTION
SECTION 1. NOTIFICATION
The Company agrees to notify the appropriate affiliate Union
of all WALT DISNEY WORLD Service Trades unit needs for employees and will
provide the
SECTION 2. UNION REFERRALS
The
SECTION 3. COMPANY RESPONSE TO REFERRALS
The Company will respond to all Union referrals, as to hires
or rejections, by completing and returning referral cards.
ARTICLE 8 –
NON-DISCRIMINATION
SECTION 1. UNION ACTIVITIES
The Company and the
SECTION 2. NON-DISCRIMINATION 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 9 ‑
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
(a) Union
Orientation. The Company agrees that
it will allow a Union Representative access to new regular Full-Time 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
Full-Time. 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 or
non-routine inspections 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
So that all parties to this agreement may benefit from a
more efficient and less costly dues billing and remittance policy, the
following shall apply:
The Company agrees to meet with those Unions capable of
electronic dues processing in an attempt to reach agreement over a mutually
agreed format for the processing of dues billing and remittance and the
electronic transfer of funds.
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, social security
number, phone number, rate of pay, 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.
(c) The Company
agrees to provide each affiliate with a monthly list of status changes, into
and out of the bargaining unit. The list
shall include employees who convert from any status to: Casual Regular,
Full-Time, Casual Temporary, Retirement, voluntary termination, or any other
status change. The list shall also
include any employees who transfer from one bargaining unit into another. The information will be provided
electronically in alphabetical order by origin, department and work location
and shall indicate the employee’s
SECTION 7. POLITICAL ACTION COMMITTEE (PAC) FUND
The Company agrees to deduct weekly voluntary contributions
to the political action fund of each affiliate
The STCU and the affiliate Unions agree to indemnify and
save the Company harmless against any and all claims, suit or other forms of
liability arising out of the deduction of money for voluntary political
deductions from employee’s pay. Each
affiliate
ARTICLE 10 ‑ HOURS OF WORK
SECTION 1. PAYROLL WEEK
A payroll week is a period of seven (7) days starting at
SECTION 2. WORK WEEK
(a) The work week shall
consist of twenty-five (25) to forty (40) hours in the seven (7) day period
starting at
(1) Five Day Work
Week. Employees scheduled on a five
(5) day work week will not be involuntarily scheduled less than thirty-two (32)
hours per week during their five (5) regularly scheduled work days.
(2) Four Day Work
Week. Employees scheduled on a four
(4) day work week will not be involuntarily scheduled less than eight (8) hours
per day during their four (4) regularly scheduled work days. Employees who regularly work a four (4) day
work week, will not be intermittently assigned to a five (5) day work week.
(b) The Company
commits to maximize the straight-time hours worked by Full-Time employees by
providing as many 35 to 40 hour schedules as possible, consistent with
efficient operations.
(c) On an annual
basis, January 1 through December 31, seventy-five percent (75%) of all
non-tipped Full-Time employees who are employed for this entire time period
shall be guaranteed 1,800 paid hours.
These hours shall include straight-time, overtime, and benefit
hours. Employees who have taken leaves
of absence or have been laid-off/furloughed shall be prorated for the 1,800
hour calculation.
SECTION 3. PAYROLL DAY
A payroll day is a period of twenty‑four (24) hours
starting at
SECTION 4. WORK DAY
A regularly scheduled work day shall consist of a minimum of
four (4) or more hours. This shall also
apply to mandatory meetings employees are required to attend.
SECTION 5. WORK SCHEDULE
The Company shall adhere to seniority in establishing work
schedules in a department, location or scheduling pool unless required to
deviate for reasons of dependability, skills, abilities, and experience of
employees and/or for the orderly and uninterrupted operation of the
Company. Any deviation from seniority in
these areas will be discussed with the
EXAMPLE:
|
Payroll
Day |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
Work Day |
S |
M |
T |
W |
Th |
F |
S |
|
Assigned Days Off |
W |
W |
OFF |
OFF |
W |
W |
W |
SECTION 6. LUNCH PERIOD
A minimum time of
one‑half (1/2) hour to a maximum of one (1) hour unpaid lunch period as
near as practicable to the mid‑point of the regularly scheduled shift
will be assigned to each employee. An
additional one‑half (1/2) hour unpaid lunch period will be guaranteed to
an employee who works at least six (6) consecutive hours beyond the end of
his/her regularly scheduled shift.
SECTION 7. REST PERIOD
Each employee will be allowed a fifteen (15) minute rest
period for each four (4) hours of work. Employees who work ten (10) or more
hours will receive an additional fifteen (15) minute rest period. The Company may schedule the rest period in
accordance with its needs. Rest periods
will be provided as nearly as possible to the middle of each half of an eight
(8) hour shift or near the middle of short four (4) or six (6) hour shifts unless
otherwise agreed to by the parties. An
additional fifteen (15) minute rest period will be guaranteed to an employee
who works at least four (4) consecutive hours beyond the end of his/her
regularly scheduled shifts. When the
Company fails to provide a break(s), the employee will receive an additional fifteen
(15) minutes pay at the appropriate rate for each missed break, or be released
from shift fifteen (15) minutes early for each missed break.
SECTION 8. DRESS AND TRAVEL TIME
(a) Employees at
(b)
With the exception of the ten (10) minutes per shift paid dress and
travel/walk time set forth above, it is the understanding of the parties that
an employee will not receive dress and/or travel/walk time pay because the
employee is not required to dress on property.
Whenever operational necessity dictates that Employees be required to
park at distant locations other than their assigned parking areas, and are
required to take Company provided transportation, the Employees will be paid
ten (10) minutes per shift, or will be released from their shift ten (10)
minutes prior to the end of their shift.
ARTICLE 11 - OVERTIME
SECTION 1. MANAGEMENT RESPONSIBILITY
It shall be the responsibility of Management to determine
in each instance if overtime work is required, and if so, how many employees
will be required to perform the work.
SECTION 2. DISTRIBUTION OF OVERTIME WORK
All overtime work, including special event overtime, shall
normally be distributed to employees who work in the job classifications in the
areas which normally engage in the work, under the following guidelines:
(a) Distributed as
equitably as reasonably practical;
(b) Distributed first
to qualified, available employees in the work area and then to qualified,
available employees regularly assigned to the work area before distribution
outside the work area.
SECTION 3. INVOLUNTARY OVERTIME
Junior, qualified, available, on-shift employee(s) will be
required to work involuntary overtime.
The Company will make every effort to give the employee as much notice
as reasonably possible of the involuntary overtime. Additionally, no employee will be required to
work involuntarily more than fourteen (14) consecutive days.
(a) Five Day Work
Week
(1) Employees who
work on either the first or second of their two (2) scheduled days off will be
paid at the rate of time and one-half (1˝) their regular straight-time rate,
provided such employees have worked five (5) work days in the work week if work
is available to them. For purposes of
this provision, early releases (ER’s) and authorized days off (
(2) Employees Who
Work Over Eight (8) Consecutive Hours.
The Company shall pay time and one-half (1˝) for all consecutive hours
worked in excess of eight (8) hours.
(b) Four Day Work
Week
(1) Employees who
work on either the first, second, or third of their three (3) scheduled days
off will be paid at the rate of time and one-half (1˝) their regular
straight-time rate, provided such employees have worked four (4) work days in
the work week if work is available to them. For purposes of this provision,
early releases (ER’s) and authorized days off (
(2) Employees Who
Work Over Ten (10) Consecutive Hours.
The Company shall pay time and one-half (1˝) their regular straight-time
rate for all consecutive hours worked in excess of ten (10) hours.
(c) Over Forty
Hours in Payroll Week. Employees
shall be paid one and one-half (1˝) times their regular straight-time hourly
rate for all hours worked in excess of forty (40) hours in any one payroll
week.
SECTION 5. DOUBLE TIME
(a) The Company will
pay double time for all hours commencing with the fifteenth (15th) cumulative
hour when an employee is scheduled or required to work more than fourteen (14)
consecutive hours. When an employee
voluntarily pursues a shift, which results in working more than fourteen (14)
consecutive hours, this double time provision does not apply and the employee
will be paid time and one-half.
(b) Consistent with
the provisions of Section 4 (a) and (b) above, employees who are required to
work seven (7) consecutive days in the work week, will be paid at the rate of
double time their regular straight-time rate for the seventh (7th) day. When an employee voluntarily pursues an
additional shift on a seventh (7th) consecutive day, this double time provision
does not apply and the employee will be paid time and one-half.
SECTION 6. TURNABOUT PAY
(a) Employees
returning from a straight‑time shift with less than eight (8) hours time
off from the end of the previous shift will be paid overtime commencing with
the ninth (9th) cumulative hour.
(b) An employee will return at the applicable
overtime rate when returning from an overtime shift with less than eight (8)
hours time off from the end of the previous shift.
(c) The Company will
pay double time for all hours commencing with the fifteenth (15th) cumulative
hour when an employee has worked more than fourteen (14) consecutive hours. When an employee voluntarily pursues both the
shift prior to and following the less than eight (8) hour turnabout period,
this double time provision does not apply and the employee will be paid time
and one-half.
(d) If an employee is
released from work with less than eight (8) hours until the beginning of the
next shift, but remains on call, a sleeping room will be provided and the non‑work
period will be paid at the applicable rate.
(e) When there are
two (2) hours or less between two (2) shifts, the time between shifts will be
treated as continuous time and will be paid at the applicable rate, except when
an employee pursues an additional shift outside of his/her own department on
his/her own volition. The aforementioned
exception will not be applicable for special events and private parties.
(f) Hours worked
during an employee's regularly scheduled shift, regardless of the rate of pay
received, shall be used for the computation of overtime for hours worked in
excess of forty (40) in a payroll week as provided in Article 11, Section 4 (c).
(g) If an employee is
released from work with eight (8) or more hours until the beginning of the next
shift, the provisions of this section will not apply.
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
operation, the Company will discuss such 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 ($.60) per hour in addition to his/her straight time rate for his/her
scheduled work day.
SECTION 4. REPORT PAY
(a) Employees who
report for work and who were not given prior notice not to report for work, and
who are not put to work, will be given two (2) hours pay.
(b) Employees who
report for work and are put to work will be paid their full shift if they are
sent home before the end of their regular shift.
(c) No report pay
will be due an employee if work is not available for him, due to conditions beyond
the control of the Company, such as fire, flood, hurricane, or other Act of
God, civil disturbances, picketing and threats of harm.
(d) The provisions of
this Article apply to all scheduled shifts, including overtime.
SECTION 5. PAY FOR DAY WHEN INJURED
In the event an employee incurs a serious occupational
illness or injury and Health Services excuses the employee from further work on
that day, he/she shall be paid the unworked balance of his/her scheduled
straight-time or overtime shift. Pay for
the unworked balance of his/her shift due to an occupational injury shall be
considered as time worked for purposes of computing overtime.
SECTION 6. PAYDAY
Employees shall be paid weekly and their pay will not be
delayed more than six (6) days from the end of each payroll week, providing,
however, that if a payday falls on an employee's regularly scheduled day off or
a paid holiday, he/she shall receive his/her paycheck on his/her next regularly
scheduled work day. An employee shall
receive vacation pay on his/her last day of work prior to the commencement of
his/her vacation.
In order to reduce the potential for payroll errors, the
(a) Coordinators
may be designated by the Company in any of the classifications set forth in
Addendum "A" and will be paid a seventy-five cent ($.75) per hour
premium for all actual hours worked as a Coordinator. Coordinators statused by the Company in any
of the classifications set forth in Addendum "A" will be paid a seventy-five
cent ($.75) per hour premium. They are
responsible for providing leadership and direction to employees in the group,
operation or function and may perform the same duties as other employees. Duties shall include, but are not limited to,
promoting teamwork and assisting the location team in meeting quality and
quantity standards. Coordinators have no
authority to make personnel decisions such as hiring, terminations, transfers,
promotions or disciplinary action.
(b) Full-Time
openings will be filled in accordance with Article 14, Section 1, except that
postings will be done quarterly as needed, and Casting will consider the top
fifteen (15) senior employees. The
following factors will be taken into consideration with respect to filling
positions: seniority, skills, ability, and dependability. Employees interested in the openings must
meet the following minimum qualifications:
(1) Statused in
the Job Classification
(2) Length of
Service:
a) Six (6) months STCU seniority
(3) Dependability:
a)
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)
b)
No more than one reprimand within the last six (6) months
(4) Skill
and Ability:
a) Demonstrated skill
and ability necessary to perform the specific job, including teamwork and
communication skills
(c) Employees new to the Coordinator
classification will be placed on a one hundred twenty (120) day qualifying
period. If the Company determines during
the one hundred twenty (120) day qualifying period that the employee’s
performance is not satisfactory or if the employee requests a return within the
one hundred twenty (120) 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.
(d) If an employee is regularly assigned a work
schedule that requires him/her to work for more than fifty percent (50%) of his/her
time as a Coordinator for a period of more than one hundred twenty (120) consecutive
days, the position will be posted and filled in accordance with Article 12,
Section 7(b).
(e) Employees in the Coordinator role who receive
two (2) reprimands for poor job performance directly related to their duties as
a Coordinator in a rolling twelve (12) month period will be returned to his/her
prior job classification. If the
employee’s prior job classification was a Coordinator, he/she will be returned
to the job classification held prior to the Coordinator role.
(f) All current employees statused in the
Coordinator role as of the date of ratification shall remain as a Coordinator
provided they maintain the qualifications outlined in (e) above.
SECTION 8. TRAINERS
Trainers may be designated by the
Company in any of the classifications set forth in Addendum "A”. Trainers will be paid a seventy-five cent
($.75) per hour premium for all actual training hours.
(a) Coordinators of Training
may be designated by the Company in any of the classifications set forth in
Addendum "A" and will be paid a one dollar ($1.00) per hour premium
for all actual hours worked as a Coordinator of Training. Coordinators of Training statused by the
Company in any of the classifications set forth in Addendum "A" will
be paid a one dollar ($1.00) per hour premium.
Coordinators of Training (CoT) are responsible for providing training
and direction to new or transferring employees in a single or multi-line of
business group, operation or function and may perform the same duties as other
employees. Duties shall include, but are
not limited to, updating OJT manuals/training materials, training, coordinating
training across different job classifications, conducting property tours,
assisting in assessment of training needs, training employees to serve as
Trainers and conducting training follow ups. Coordinators of Training have no
authority to make personnel decisions such as hiring, terminations, transfers,
promotions or disciplinary action.
(b)
All Full-Time openings shall be submitted to the Company’s Casting
Office. Employees interested in a
transfer shall apply at Casting and submit an advanced Personnel Inventory and
résumé. Full-Time openings will be
filled in accordance with Article 14, Section 1, except that postings will be
done as needed, and Casting will consider the top five (5) senior employees. The following factors will be taken into
consideration with respect to filling positions: seniority, skills, ability,
and dependability. Employees interested
in the openings must meet the following minimum qualifications:
(1) Length
of Service:
a) Six (6) months STCU seniority.
(2) Essential
qualifications as determined through record card notations, advanced Personnel
Inventory and résumé, and a computer competency assessment.
(3) Dependability:
a) 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).
b) No more than one reprimand within the last
six (6) months.
(4) Skill
and Abilities:
a) Demonstrated skills
and abilities necessary to perform the specific job, including teamwork and
communication skills as determined through a personal interview.
(c) Employees new to the CoT role will be placed
on a one hundred twenty (120) day qualifying period. If the Company determines during the one
hundred twenty (120) day qualifying period that the employee’s performance is
not satisfactory or if the employee requests a return within the one hundred
twenty (120) 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.
(d) Employees in the CoT role who receive two (2)
reprimands for poor job performance directly related to their duties as a CoT
in a rolling twelve (12) month period will be returned to his/her prior job
classification. If the employee’s prior
job classification was a CoT, he/she will be returned to the job classification
held prior to the CoT role.
(e) All
current employees statused in the CoT position as of the date of ratification
shall remain as CoTs provided they maintain the qualifications outlined in (d)
above.
SECTION 10. CONVERSION TO CASUAL REGULAR
Employees who convert from
Full-Time to Casual Regular will continue to receive the Full-Time pay rate.
ARTICLE 13 ‑
SENIORITY AND WORK STATUS
SECTION 1. DEFINITION OF
SENIORITY
Seniority is defined as the period
of continuous service as a Full-Time employee working in a job classification
covered in Addendum "A" of this Agreement.
SECTION 2. PRINCIPLES OF
SENIORITY
(a)
The principles of seniority shall be observed on layoffs, recalls, days
off, establishing work schedules by department, location or scheduling pool,
vacation selection, promotion and transfers as defined in specific Articles of
the Agreement.
(b) The principles of seniority shall be observed
in establishing days off and work schedules by department, location or
scheduling pool regardless of scheduling methodology, where consistent with
operating needs as set forth in Article 10, Section 5. Where preference scheduling is used, rank
order priority shall be established for recognizing preferences by seniority
for days off, preferred shift time, location and desired number of hours per week. Where preference scheduling is used, the
Company will take appropriate steps to educate employees, Managers, and Union
Shop Stewards on how to properly complete the preference sheets.
(c)
The parties recognize the importance of
optimum scheduling of employees in a fashion that honors the principles of
seniority, considers the needs of employees, and meets the business needs of
the Company. The parties also recognize
that stability in scheduling methods is important to the employees. During the life of this agreement, “Bucket
Bids” is the preferred scheduling method, and the Company and
SECTION 3.
SECTION 4. TERMINATION OF
SENIORITY
Seniority and/or
the employment relationship shall terminate when an employee:
(a)
Resigns from a Full-Time position or converts to part-time status.
(b)
Is discharged for just cause.
(c)
Is absent for three (3) consecutive unexcused work days.
(d)
Is laid off for a continuous period of twelve (12) months or more.
(e)
Fails to report at the end of a leave of absence.
SECTION 5. WORK STATUS AND UTILIZATION OF FULL-TIME
AND CASUAL EMPLOYEES
(a)
Full-Time Employees.
Full-Time non-tipped employees are assigned to an established job on a
regular Full-Time basis and customarily will work twenty-five (25) hours per
week or more on an ongoing basis for the first calendar year of the
contract. Full-Time non-tipped employees
assigned to an established job on a regular Full-Time basis customarily will
work thirty (30) hours per week or more on an ongoing basis for the second
calendar year of the contract. Full-Time tipped and non-tipped employees assigned
to an established job on a regular Full-Time basis customarily will work thirty
(30) hours per week or more on an ongoing basis for the third calendar year of
the contract. For the purposes of calculation, hours worked shall include paid
benefit time. All approved leaves of absence shall be excluded from the
calculation. The Company agrees to notify, on a quarterly basis, employees who
are trending below the minimum number of hours.
(1) Probationary
Employee. All new regular Full-Time
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.
(b)
Casual Employees
(1) 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.
(2) During
the life of this Agreement, total casual employee utilization shall not exceed
thirty-five percent (35%) of the total hours worked by Full-Time and casual
employees in all job classifications in any calendar year.
(c)
The parties acknowledge that Section 5(b) is the sole restriction on the
Company's ability to schedule and work casual employees.
(d) Conversion from Casual to Full-Time
The Company will give consideration
to Union petitions for conversion from casual to Full-Time status.
SECTION 6. TRANSFER OUTSIDE OF
BARGAINING UNIT
(a)
Any employee promoted or transferred to any Full-Time position outside
of the bargaining unit, but within the Walt Disney World Resort, shall retain
and accumulate seniority for a period not to exceed twelve (12) months from the
date of accepting such position.
(b)
Any employee who transfers to a position or accompanies a spouse to
Disneyland Paris in France or Tokyo Disneyland shall retain and accumulate
seniority for a period not to exceed twenty-four (24) months.
SECTION 7. 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 8. 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 ninety (90) days from date of termination.
ARTICLE 14
- TRANSFERS
SECTION 1. TRANSFER PROCEDURES
(a)
Casting
(1) All
Full-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 complete a personal interview at
the Casting Office. An employee
interested in a transfer may identify two (2) areas of interest for transfer.
(2) Upon
receiving notice of a Full-Time vacancy, the Casting Office shall identify the
top senior employee who has completed the appropriate paperwork and has
identified the area of the vacancy as one of their two (2) preferences.
(3) The
Full-Time vacancy will then be filled in accordance with Sections 2 or 3 as
prescribed below.
(4) Employees
who have not updated their phone number with the Company’s system of record
will be bypassed after attempting to contact them.
(5) Employees
shall not be eligible for voluntary transfer until after six (6) months of Full-Time
employment with the Company within the bargaining unit, excluding any
probationary period recasting.
Thereafter, employees shall be eligible for transfer based on the
criteria listed below.
SECTION 2. TRANSFERS TO THE
SAME JOB CLASSIFICATION AND/OR DIFFERENT JOB CLASSIFICATIONS
(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 shift releases or authorized days off)
b)
No more than one (1) reprimand in 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/ATTRACTION 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
attraction, 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 card 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.
SECTION 4. GRIEVANCE PROCEDURE
Any dispute regarding the
administration of these provisions shall be subject to the grievance procedure.
ARTICLE 15 ‑ LAYOFFS, RECALLS,
AND FURLOUGH
SECTION 1. LAYOFF ACCORDING TO
SENIORITY IN JOB CLASSIFICATION
Whenever it becomes necessary to
reduce the working force in a given job classification, the employee(s)
permanently assigned to that job classification with the least Service Trades
Council bargaining unit seniority will be laid off, providing the remaining
employees possess the necessary skills, qualifications, and abilities to
perform available work as determined by the Company, except as provided in
Section 8, and Article 9, Section 4(c).
SECTION 2. NOTICE
OF LAYOFF/FURLOUGH
Whenever possible, one (1) week's
advance notice of layoff/furlough will be given to an employee. If the Company fails to provide one (1)
week’s notice, the Company will be responsible for one (1) week of lost time or
missed portion thereof. The Company will
furnish electronically to the Union notice of new hires and layoffs.
SECTION 3. LAID‑OFF
EMPLOYEES RETAIN SENIORITY FOR 12 MONTHS
Employees on layoff for twelve (12)
months or less and who are recalled will maintain their seniority date and
continuous service date for purposes of Company benefits.
SECTION 4. RECALLS IN
ACCORDANCE WITH SENIORITY IN JOB
CLASSIFICATION
Employees who have been laid off as
a result of the curtailment of operations shall be recalled in accordance with
their seniority in their permanent job classification, provided the employees
possess the necessary skills, qualifications, and abilities to perform the
available work as determined by the Company.
SECTION 5. RECALL PROCEDURE
Laid off employees shall be notified
of recall by telephone five (5) workdays prior to the required start date. If the employee is not contacted by
telephone, the Company will send a certified letter to the employee's address
of record notifying him/her of recall and the required start date, which shall
not be less than ten (10) workdays from the date the letter is mailed. A copy of any such letter shall be mailed to
the
SECTION 6. CORRECT ADDRESS AND
TELEPHONE NUMBER
Failure of an employee to have a
current address and telephone number on record in the appropriate HR Department
will relieve the Company of its responsibility of notification to the employee
under any Article of this Agreement.
SECTION 7. FAILURE TO REPORT
FROM LAYOFF/FURLOUGH
An employee who fails to report for
work as scheduled on recall from layoff/furlough shall be considered to have
voluntarily terminated his/her employment unless such employee has notified the
Company of personal illness or a death in the immediate family, prior to the
date he/she was scheduled to report for work.
SECTION 8. THIRTY-DAY FURLOUGH
FOR NON-TIPPED EMPLOYEES
A department/location shall furlough
non-tipped employees by classification based upon their relative bargaining
unit seniority within the affected department/location provided the employee is
recalled thirty (30) days or less from the furlough date. Prior to furloughing employees, the Company
will offer Full-Time employees available work hours in other areas.
Furloughed employees shall:
(a)
receive and acknowledge written notification of their recall date at
time of furlough;
(b)
receive credit toward scheduled increases;
(c)
be eligible to utilize earned vacation and/or sick leave;
(d)
retain their
(e)
retain Medical Insurance; and,
(f)
be offered any hours being worked by casual employees in the affected
department/location.
A department/location may furlough
employees for up to thirty days as a result of the reduction of available work
hours when a portion of an affected department/location staff continues to
work. Furloughs may not be utilized in
situations such as closures for rehab.
ARTICLE 16 ‑
INTERCHANGEABILITY OF WORK ASSIGNMENT
SECTION 1. INTERCHANGEABILITY
IN SAME JOB CLASSIFICATION
(a)
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).
(b)
In the administration of this Article, involuntary work shall be
required of the junior, available, qualified, on-shift employee.
(c) Where the Company establishes a scheduling
pool for regular ongoing movement between locations, the existing property
transfer guidelines shall apply to transfers to such pool.
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) When
establishing such a scheduled shift, the shift will be posted at the affected
location(s) and the senior most qualified person bidding shall be awarded the
shift. The Company shall endeavor to
create forty (40) hour shifts; however, such shifts shall not be less than
thirty-eight (38) hours per week.
(3) If
not scheduled in accordance with (a)(2) above, the Company may assign the shift
to the junior employee statused in the affected locations.
(4) Any
scheduled overtime in the affected locations shall be offered first to
employees statused in the affected locations, then to employees regularly working
in the affected locations prior to other employees working these shifts.
(5) The
Company will provide all required training for employees working these
schedules.
(6)
Costume
changes and travel time between locations will be considered time worked.
(7)
The
above shall also apply to new job classifications which encompass a combination
of duties from different job classifications.
Scheduling within pools established for this purpose shall be as
provided for under Article 13. Transfers to such new classifications shall be
as described under Article 14.
(b)
Unscheduled
(1) 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).
(2) An
employee shall not be required to work against his/her desire in the new job
classification for a period of time exceeding ten (10) workdays in a calendar
year. If operational need requires
additional time, the work will be assigned to the most junior employee.
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. TIPPED EMPLOYEES
Tipped employees will not be
required to work in a non-tipped job classification.
SECTION 5. 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 17 ‑ LEAVES OF ABSENCE
SECTION 1. TEMPORARY LEAVE OF
ABSENCE
An employee's request for a leave of
absence not to exceed thirty (30) days will be granted for good cause, if the
employee's services can reasonably be spared.
All leaves of absence will be granted in writing. No leave of absence will be extended beyond
thirty (30) days except for compelling reasons.
In the event that a non‑medical leave exceeds sixty (60) days,
continuation of the employee's health care coverage will be subject to COBRA.
SECTION 2. LEAVE FOR UNION
BUSINESS
An employee hired to a Full-Time
position with the
SECTION 3. NON-OCCUPATIONAL
MEDICAL LEAVE
(a)
An employee requesting a non-occupational medical leave of absence must
provide a written statement from his/her personal physician documenting the
reason for the leave and the beginning date and estimated duration of the
medical leave. Failure to comply with
this provision may jeopardize the employee's eligibility for a medical leave of
absence.
(b)
An employee who is granted a medical leave of absence shall retain and
accumulate seniority during such leave.
If eligible, an employee may request payment of earned sick leave and
vacation benefits, or be required to accept such benefits in the case of FMLA
leave. Employees shall be permitted, at
the employee’s option, to maintain a balance of up to eighty (80) hours of
vacation time when on FMLA leave.
Employees who are on a non-occupational medical leave of absence will
receive credit toward scheduled increases.
(c)
An employee who returns from a medical leave of absence within sixty
(60) days or less or returns from a FMLA qualifying leave, or other such period
as required by that law, will be placed in his/her prior job, location, and
schedule. If the employee has been on
leave for more than sixty (60) days, the Company will make every reasonable
effort to place said employee in the employee's prior job and location except
as otherwise required by the FMLA.
(d) In the event that an employee is
required, by the Company, to visit Health Services upon returning to work from
a medical leave, he/she will be compensated for the time.
(e)
An employee who fails to return from a medical leave of absence, or who
fails to seek a release to return to work from a medical leave of absence will
be considered to have voluntarily terminated.
SECTION 4. LEAVE FOR
COMPENSABLE INJURY
Any employee on medical leave as a
result of an on‑the‑job compensable injury shall retain and accumulate
seniority during such leave. Upon being
released for return to work, if the employee has been off sixty (60) days or
less or for FMLA qualifying leave, such
other period as required by that law, he/she will be placed in his/her prior
job, location and schedule. If the
employee has been off for more than sixty (60) days, the Company will make
every effort to place said employee in the employee's prior job and location
except as otherwise required by the FMLA. Employees who are on an occupational
leave of absence will receive credit toward scheduled increases.
SECTION 5. MEDICAL LEAVES
EXCEEDING ONE YEAR
Those employees whose accumulated
time on occupational or non-occupational medical leave of absence totaling one (1)
year will have their employment with the Company terminated. The one (1) year period is calculated on a
cumulative, as opposed to a consecutive basis, as outlined below:
(a)
If an employee returns from medical leave and works less than twenty-six
(26) consecutive working weeks and is subsequently returned to medical leave,
the employee will continue to accrue time toward the one (1) year cut-off
described above.
(b)
If an employee returns from medical leave and works for a minimum of
twenty-six (26) consecutive working weeks, the employee will begin a new one (1)
year period.
(c)
If an employee returns to work and subsequently returns to medical leave
due to an unrelated medical condition, the employee will begin a new one (1) year
period.
SECTION 6. FAMILY AND MEDICAL
LEAVE ACT OF 1993
The Company and the
SECTION 7. ADMINISTRATIVE
LEAVE
The Company agrees to consider, on a
case by case basis and in its sole discretion, allowing employees to continue
working or placing employees on unpaid administrative leave for up to one (1)
year pending the outcome of civil or criminal charges. However, the Company reserves the right to
take disciplinary action, up to and including termination, based on the nature
of the allegations and/or information available to the Company regarding the
circumstances. Disciplinary action taken by the Company shall be subject to the
grievance procedure with the exception of probationary period
terminations. If an employee on unpaid
administrative leave is exonerated or acquitted (meaning that the employee was
not adjudicated guilty or did not enter a plea of no contest, plea of guilty,
or a pre-trial diversion program or any other similar resolution), he/she will
be returned to work and reimbursed for all lost wages and benefits. An employee on administrative leave will
continue to accrue seniority.
ARTICLE 18 ‑
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. Upon request
of the employee, Management will provide a copy of the employee’s record card
within a reasonable amount of time. At
the time that it is printed, the record card may not contain all recent
entries. Any questions concerning the
record card should be addressed to the employee’s immediate Manager.
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.
(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) Those employees in tipped classifications,
excluding Banquets and Dinner Shows, shall be paid at the appropriate Labor
Grade 10 rate for all lost time due to an investigatory suspension.
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.[1]
(2) Any
combination of five (5) disciplinary points within the preceding twelve (12)
months shall result in the employee's termination.
(3) The
twelve (12) month period referenced in (b) (2) is defined as a continuous work
period specifically excluding any leaves of absence.
(4) 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.
(5)
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 the Walt Disney World Resort, 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;[2]
(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 (1) 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 and subsequent related absences. Employees must provide supporting medical
authorization which satisfies the Company in this respect;
b)
Medical
leaves;
c)
Release
of shift for medical reasons;
d)
Scheduled
personal leaves where the Company agrees in advance to the leave;
e)
Subsequent
consecutive call-ins for the same illness or injury will not count as an
additional occurrence;
f)
The
first six (6) call-in/call sick notations for employees who meet the following
criteria:
(1)
The
employee has one (1) or more years of seniority;
(2)
The
employee must have earned sick leave available; and
(3)
The
employee must not have received attendance discipline in the prior twelve (12)
months.
(b)
All call-sick and call-sick free day instances will be automatically
paid if earned sick leave is available unless the employee requests non-payment
when calling in sick.
(c)
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.
(d)
All references to time periods in this Article refer to continuous work
periods specifically excluding any leaves of absence.
(e)
With reasonable notice, regular Full-Time employees may request the use
of six (6) days sick leave per calendar year as personal leave days. Requests will be granted consistent with
operational requirements.
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
Clocking in more than 15 minutes
before the start of the shift = ˝ point
Clocking out more than 15 minutes
after the end of the shift = ˝ 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
(1) 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) All
references to time periods in this standard refer to continuous work periods
specifically, excluding any leaves of absence.
(d) The
Company reserves the right to discipline outside this matrix when an employee
habitually loses possession of or damages his/her ID card.
(e) 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 19 ‑
GRIEVANCE PROCEDURE
SECTION 1. GRIEVANCES SETTLED
ACCORDING TO PROCEDURE
The parties to this Agreement agree
that any grievance arising out of the interpretation or application of the
terms of this Agreement, with the exception of terminations, discipline based
on an HR Compliance investigation[3]
and policy grievances which will be expedited to Step 3, shall be settled
promptly in accordance with the following procedure:
SECTION 2. DEFINITIONS
(a)
Grievance: A grievance, within
the meaning of this procedure, is defined as a dispute or difference of opinion
between the parties concerning the meaning, interpretation, application or
alleged violation by the Company of this Agreement.
(b)
Time Limits: The parties
recognize that it is important that grievances be processed and resolved as
rapidly as possible; therefore, the number of days indicated at each step of
the grievance procedure should be considered as a maximum, and every effort
should be made to expedite the process. All
termination grievances will be given priority for processing. The time limits specified may be extended by
mutual agreement as evidenced by a waiver in writing signed by an authorized
representative of the Company and the
(c)
Recording Devices: The parties
agree that no recording devices of any kind shall be permitted to be utilized
during Step 1, 2, 3, or 4 of the grievance procedure.
(d)
Back-pay Awards: The parties
agree that any Joint Standing Committee or Arbitrator award of back pay shall
be lessened by unemployment compensation or any other compensation received by
the grievant during the period of termination prior to reinstatement.
(1) Back-pay awards for those employees
in tipped classifications, with the exception of Banquets and Dinner Shows,
will be paid at the appropriate Labor Grade 10 rate.
(e) Information Requests: The Company will make every reasonable effort
to provide any requested, relevant information regarding grievances to the
SECTION 3. GRIEVANCE PROCEDURE
Step 1. Any employee, believing that he/she has
suffered a grievance, shall discuss the matter with his/her immediate Guest
Service Manager. The employee may choose
whether to discuss the matter with his/her Guest Service Manager with or
without the assistance of his/her Union representative.
In order to be deemed timely, a
grievance must be discussed by the employee with his/her immediate Guest
Service Manager within fourteen (14) calendar days after its occurrence, or
within fourteen (14) calendar days after the employee has had a reasonable
opportunity to become aware of the occurrence, whichever is later. The employee must indicate that his/her
discussion with the Guest Service Manager is a grievance. Failure to observe the aforementioned time
limitation shall be deemed as a waiver and the grievance will be regarded as
abandoned.
The immediate Guest Service Manager
shall give an oral reply within three (3) calendar days after submission of the
grievance. If the immediate Guest
Service Manager fails to give an oral reply within the time limits provided,
the grievance may be appealed to the next Step of the grievance procedure.
Step 2. If the grievance shall not have been adjusted
under Step 1, then within seven (7) calendar days after the reply given under
Step 1, or after the date under which a reply should have been given under Step
1, the grievance shall be reduced to writing upon the accepted Grievance Form
which shall set forth the relevant information concerning the grievance,
including a short description of the alleged grievance, the date on which the
grievance occurred, and an identification of the section of the Agreement
alleged to have been violated and shall be submitted to the employee's Area
Manager, who shall immediately forward copies to Employee Relations. The Area
Manager or his/her designated representative and the Union representative or
his/her designated representative shall meet within seven (7) calendar days
after invocation of Step 2 in an attempt to settle the grievance. It shall be incumbent upon the Union
Representative to request such meeting.
The Area Manager or his/her designated representative shall provide the
employee and the Union representative with a written reply within five (5)
calendar days after the parties have met.
If the Area Manager fails to give a written reply within the time limits
provided, the grievance may be appealed to the next Step of the grievance
procedure.
Step 3. If the grievance shall not have been adjusted
under Step 2, then within seven (7) calendar days from the date of the Area
Manager's written decision or a date when the decision should have been
submitted by the Area Manager, the grievance shall be presented in writing to
the Employee Relations office. A
grievance meeting with the General Manager/Director or his/her designee,
Employee Relations Representative, and the employee’s Union Business
Representative or his/her designee shall be held within twenty-one (21)
calendar days of the grievance being recorded, in an attempt to resolve the
grievance. The General Manager/Director
or his/her designee shall provide the Union Business Representative or his/her
designee with a written reply within five (5) calendar days after the parties
have met. If the General
Manager/Director or his/her designee fails to give a written reply within the
time limit provided, the grievance may be appealed to the next Step of the
grievance procedure.
Step 4.
If the grievance shall have been submitted but not adjusted under Step
3, either party may within seven (7) calendar days after receipt of the written
reply request in writing that the grievance be submitted to a Joint Standing
Committee, which shall meet within fourteen (14) calendar days of the appeal, unless
extended by mutual agreement of the Company and the Union.
The
Joint Standing Committee shall consist of one (1) representative of the Company
and one (1) representative of the affiliated
The Joint Standing Committee shall
meet at least twice per month to investigate, review, and if necessary, conduct
a hearing of all outstanding grievances referred to it. Decisions of the Joint Standing Committee
shall be final and binding upon all parties at interest. The Joint Standing Committee shall provide a
written determination of all cases reviewed within three (3) calendar days
after it has met. If the Joint Standing
Committee is unable to resolve a grievance before it, the grievance may be
appealed to the next Step of the grievance procedure.
The parties agree that upon
notification of the Vice President of Employee Relations and the President of
the Service Trades Council Union, Step 4 of the grievance procedure may be
waived and grievances addressing institutional issues, affecting either the
Company or the Council, may be expedited to Step 5.
Step 5. If the grievance shall have been submitted
but not adjusted under Step 4, either party may within seven (7) calendar days
after receipt of the written reply request in writing that the grievance be
submitted to an Arbitrator mutually agreed upon by the Company and the
A grievance having been settled at
any step of the grievance procedure will be affected no more than seven (7)
calendar days after the date of the settlement agreement.
ARTICLE 20
- HOLIDAYS
SECTION 1. HOLIDAYS OBSERVED
There will be seven (7) core
holidays and three (3) personal holidays.
(a)
The core holidays are:
(1)
New
Years Day
(2)
Martin
Luther King, Jr. Day
(3)
Memorial
Day
(4)
Independence
Day
(5)
Labor
Day
(6)
Thanksgiving
Day
(7)
Christmas
Day
(b)
The three (3) personal holidays may be used on dates mutually agreed to
by Management and the employee.
SECTION 2. ELIGIBILITY
(a)
All regular Full-Time employees are eligible for holiday pay after
working thirty (30) calendar days of continuous service, provided they work
their scheduled shifts prior to and immediately following such holiday.
(b) If the employee's failure to work his/her
regularly scheduled shift immediately before or following the holiday was due
to personal illness, injury, death in the immediate family or an approved FMLA
absence and the employee satisfied the Company in this respect, he/she shall be
eligible to receive holiday pay.
(c)
Employees on an authorized leave of absence of six (6) days or longer
are not eligible for holiday pay.
SECTION 3. PERSONAL HOLIDAYS
Effective January 1 of each year of
this Agreement, all employees with one or more years of continuous service will
be credited with three (3) personal holidays.
Employees with less than one (1) year of service, and employees who are
hired or converted from a casual status to a Full-Time status after January 1,
will be credited with one (1) personal holiday on each of the following posting
dates: March 1, June 1, and September 1.
An employee must be statused as a Full-Time employee on the posting date
to receive the personal holiday.
Personal holidays shall require two (2) weeks
advance notice for scheduling and shall be granted consistent with operational requirements. In the event all requests for a particular
day cannot be approved due to operational requirements, seniority shall prevail
in granting the holiday.
Personal holidays will be scheduled
and taken within the following provisions:
(a)
Must be taken within the calendar year;
(b)
May not be carried over from year-to-year, or paid off at time of
termination;
(c)
Do not affect the use of sick leave days for personal time off;
(d)
Will be considered as time worked for the computation of overtime;
(e)
Will not be paid in addition to other hours worked; and,
(f)
May only be taken in one (1) full shift increment.
SECTION 4.
Each employee (except as provided in
Article 13 ‑ Seniority) will receive eight (8) hours pay at the
employee's regular straight time rate for each such holiday not worked. Core holiday pay when not worked shall not
count toward the employer’s required minimum number of hours scheduled per week
as per Article 10, Section 2.
SECTION 5.
Each regular Full-Time employee who
works on a recognized holiday, and who works his/her scheduled shifts prior to
and immediately following the holiday worked, shall receive eight (8) hours
holiday pay plus his/her straight time rate for all hours worked in his/her
scheduled shift.
SECTION 6. DOUBLE‑TIME
PAY FOR HOURS OVER EIGHT WORKED ON
Double time the employee's regular
rate shall be paid for hours worked in excess of eight (8) hours on a paid
holiday.
SECTION 7.
Pay for a holiday not worked shall be considered as
time worked for purposes of computing overtime, unless the holiday falls on one
of the employee's two regularly scheduled days off or when a holiday falls
during a vacation period.
Pay for a holiday not worked shall
not be used in computing overtime under the 5th, 6th, and 7th day provision
contained in Article 11, Section 4.
SECTION 8. HOLIDAY PAY FOR
Should a holiday fall during the
period of an employee's vacation, the employee shall be granted an extra day's
pay.
SECTION 9. DAY
Recognized holidays shall be
observed on the date designated for observance by the Federal Government,
except in the case of Christmas, which shall be observed on December 25th.
SECTION 10. NO HOLIDAY PAY FOR
EMPLOYEE SCHEDULED TO WORK
An employee who is regularly
scheduled to work on a recognized holiday and who does not work shall not
receive holiday pay, except in the case of an employee who is given an
authorized day off (
SECTION 11. HOLIDAY PAY ON DAY
OFF WHEN WORKED
If a holiday worked falls on one of
the employee's regular days off, he/she shall receive eight (8) hours straight‑time
holiday pay, plus the rate he/she would receive for working on his/her day off.
SECTION 12. HOLIDAY STARTS AT
8:00 A.M. ON
For the purpose of computing pay for
work on a holiday, the twenty‑four (24) hour holiday period shall
commence at 8:00 A.M. on the holiday and terminate at 8:00 A.M. the following
day.
SECTION 13.
PAY RATE FOR THE HOLIDAYS
Those
employees in tipped classifications will have holiday benefits paid at the
appropriate Labor Grade 5 rate.
SECTION 14.
By job classification within a scheduling group, in
descending seniority order, and at the request of the employee, full time
employees will be offered the opportunity to take a paid benefit day (to
include a personal leave day, personal holiday or vacation day) off on New
Year’s Day, Thanksgiving Day, and Christmas Day to the extent that another
qualified employee is available to work the shift. The number of employees permitted to exercise
this option will be limited by Management based on the needs of the operation. As it pertains to this section only, pay for
a core holiday or paid benefit day not worked shall not be considered time
worked for purposes of computing overtime.
ARTICLE 21
- VACATION
SECTION 1. ELIGIBILITY,
REGULAR FULL-TIME EMPLOYEES
All regular Full-Time employees
shall accrue vacation based on the number of hours worked (straight time and
overtime hours exclusive of the overtime premium) up to a maximum of 1800
hours, from date of hire to the end of the calendar year in which hired, and
for each succeeding calendar year thereafter, based upon the conditions set
forth in this Article. Paid vacation
will be credited as hours worked for accrual towards vacation allowance.
SECTION 2. VACATION EARNED IN
THE FIRST CALENDAR YEAR
Vacation earned in the first (1st)
calendar year of service may not be used until nine (9) months of continuous
service have elapsed from date of hire.
SECTION 3. VACATION HOURS ACCRUED
Vacation hours accrued shall become
available to be taken by the employee during the calendar year in which they
are accrued, per the accrual of vacation time formula listed below in
increments of forty (40) hours.
SECTION 4. VACATION ACCRUAL
FORMULA FOR EMPLOYEES HIRED PRIOR TO DECEMBER 18,
1994
(a) Two (2) week vacation accrual
formula:
Calendar year Paid
vacation
hours worked hours
earned
1800 80
1620 72
1440 64
1260 56
1080 48
900 40
720 32
540 24
360 16
180
8
(b)
Employees begin to accrue three (3) weeks of vacation on January 1st of
the calendar year in which the fifth (5th) anniversary of continuous
service will occur:
EXAMPLE:
|
Year of Hire |
1989 |
1990 |
1991 |
1992 |
|
Eligible to accrue 3 weeks on
January 1 of the year |
1994 |
1995 |
1996 |
1997 |
(c)
Three (3) week vacation accrual
formula:
Calendar year Paid
vacation
hours worked hours
earned
1800 120
1680 112
1560 104
1440
96
1320
88
1200
80
1080
72
960
64
840
56
720
48
600
40
480
32
360
24
240
16
120 8
(d)
Employees begin to accrue four (4) weeks of vacation on January 1st
of the calendar year in which the seventeenth (17th) anniversary of
continuous service occurs:
EXAMPLE:
|
Year of Hire |
1977 |
1978 |
1979 |
1980 |
|
Eligible to accrue 4 weeks on
January 1 of the year |
1994 |
1995 |
1996 |
1997 |
(e)
Four (4) week vacation formula:
Calendar year Paid
vacation
hours worked hours
earned
1800 160
1710 152
1620 144
1530 136
1440 128
1350 120
1260 112
1170 104
1080
96
990
88
900
80
810
72
720
64
630
56
540
48
450
40
360
32
270
24
180
16
90 8
SECTION 5. VACATION ACCRUAL FORMULA FOR EMPLOYEES
HIRED ON OR AFTER
(a)
One (1) week vacation accrual
formula:
Calendar year Paid
vacation
hours worked hours
earned
1800 40
1440 32
1080 24
720 16
360
8
(b)
Employees begin to accrue two (2) weeks of vacation on January 1st of
the calendar year in which the second (2nd) anniversary of
continuous service will occur:
EXAMPLE:
|
Year of Hire |
|
1995 |
1996 |
|
Eligible to take 2 weeks on
January 1 of the year |
1996 |
1997 |
1998 |
(c)
Two (2) week vacation formula:
Refer to the two (2) weeks vacation accrual formula in Section 4(a).
(d)
Employees begin to accrue three (3) weeks of vacation on January 1st of
the calendar year in which the fifth (5th) anniversary of continuous
service occurs: Refer to example in
Section 4(b), and to the three (3) week vacation accrual formula in Section
4(c).
(e)
Employees begin to accrue four (4) weeks of vacation on January 1st of
the calendar year in which the seventeenth (17th) anniversary of
continuous service occurs: Refer to the
example in Section 4(d), and to the four (4) week vacation accrual formula in
Section 4(e).
SECTION 6. VACATION ACCRUAL
Employees shall not accumulate more than two (2) times their
current annual vacation hours. For
example, if an employee is currently accruing 80 hours of vacation, he/she may
accumulate a maximum of 160 hours of vacation; if currently accruing 120 hours
of vacation, he/she may accumulate a maximum of 240 hours of vacation; and if
currently accruing 160 hours of vacation, he/she may accumulate a maximum of
320 hours of vacation.
When the vacation cap is reached (two
(2) times their current annual vacation hours), an employee will cease to
accrue any additional vacation time until vacation hours are taken. An employee will again begin to accrue
vacation only after he/she is below his/her cap. Vacation accrual is not retroactive to the date
on which the accrual ceased.
SECTION 7. PAYMENT FOR ACCRUED
VACATION
Upon the request of an eligible
employee, the Company shall provide payment of up to one‑half (1/2) of an
employee's total accrued available vacation to a maximum of eighty (80) hours
on an annual basis (by calendar year).
Amounts paid are subject to all required withholdings. Payment should normally be issued within two
(2) weeks of the request being received by Payroll.