AGREEMENT BETWEEN

 

WALT DISNEY WORLD CO.

 

AND

 

THE SERVICE TRADES

 

COUNCIL UNION

 

(FULL TIME)

 

 

 

 

 

EFFECTIVE MAY 2, 2004

 

THROUGH APRIL 28, 2007

 

 

 


                                                        TABLE OF CONTENTS

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

Bell Services.......................................................................................................... 94, 95, 98, 99

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

Ft. Wilderness Campground Custodial.............................................................................. 81

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 Union (T.C.U.)............................. 91-102

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


SERVICE TRADES COUNCIL UNION AGREEMENT

FOR FULL TIME EMPLOYEES

Effective 5/2/04 to 4/28/07

 

 

                                                       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 Union regarding the decision to discontinue, sell or lease.  The parties agree and understand that the sale or lease of a physical asset may result in the continuance of operations by the third party at the Walt Disney World Resort and that such continuance of operations associated with the asset does not constitute subcontracting as defined in Article 29.

 

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 Union or by an employee, and there shall be no lockout by the Company.

 

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 Union shall not sanction, aid or abet, encourage or condone a work stoppage, strike or disruptive activity at the Walt Disney World Resort and shall take all possible steps to prevent or to terminate any strike, work stoppage or disruptive activity.  No employee shall engage in activities that violate this Article.  Any employee who participates in or encourages any activities which interfere with the normal operation of Walt Disney World Resort shall be subject to disciplinary action, including discharge.  The Union shall not be liable for acts of employees for which it has no responsibility.  The failure of the Company to exercise this right in any instance shall not be deemed a waiver of this right in any other instances, nor shall the Company's right to discipline all employees for any other cause be in any way affected by this Section.

 

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 Union alleged to be in violation of the Agreement, and a copy of the facsimile and/or e-mail to the Union Co‑Chairman of the Management‑Union Committee. 

 

(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 Union with equal opportunity to provide applicants for such jobs.  When applicable, the Company will request referrals by specifying the type of qualifications and skills required.

 

SECTION 2.      UNION REFERRALS                       

The Union will refer employees on a non-discriminatory basis.

 

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 Union agree that there shall be no discrimination against any employee due to Union activities or affiliation.

 

SECTION 2.      NON-DISCRIMINATION AND NON-RETALIATION

The Company and the Union agree there shall be no discrimination against any employee or prospective employee due to race, color, creed, sex, age, sexual orientation, national origin, religion, marital status, disability or on any basis prohibited by federal or state legislation. The parties further agree to support Affirmative Action efforts. 

 

The Company and the Union agree there shall be no retaliation against an individual who has made a good faith complaint about violation of the Company’s Equal Employment Opportunity and Harassment policies, or has cooperated with an investigation into a complaint of violation of these policies.  Employees who believe they have been harassed, discriminated against or retaliated against, in violation of the above stated policies, should promptly report the facts of the incident and the name of the person involved to the Human Resource Department, Employee Relations Department, or Union Representative.

 

SECTION 3.      AMERICANS WITH DISABILITIES ACT

The Company and the Union acknowledge the reasonable accommodation commitment of the Americans with Disabilities Act and the protected status of qualified applicants and employees with disabilities.  Nothing in this Agreement shall be construed as intended to be a barrier to reasonable accommodation to qualified persons with disabilities, provided any proposed accommodation is reasonable and does not unnecessarily usurp the legitimate rights of other employees under this Agreement.  In this regard, the Company and the Union commit to meet to resolve potential conflicts between the Americans with Disabilities Act and the Agreement.

 

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 Union, shall be permitted to enter the non‑public areas of the Walt Disney World Resort for the purpose of determining that this Agreement is being complied with by the Company and for the presentation and handling of grievances.  Such representatives, who shall not be more than a total of fifty (50) in number at any one time, unless mutually agreed otherwise, shall comply with the current access regulation and security regulation of the Company, as furnished to each Union Representative by the Company, and shall not interrupt the performance of employee work assignments.

 

SECTION 3.      UNION ACCESS PROCEDURES

(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 Union with a room of adequate size to accommodate the group, equipped with sufficient tables and chairs.  The Company will reserve this room on a priority basis for the Union's use.  Storage space will also be provided for the Union's projector.  Any change in the scheduling of Union Orientation will be discussed with the Union in advance.  However, the time allotted for Union access will not be at the end of an orientation day. 

 

(b)  Conversion to Full-Time.  The Union will be allowed access to those casual employees who convert to regular Full-Time status.  The names and work locations of individuals or small groups who convert to regular Full-Time status will be made available to the Union on a monthly basis, upon conversion, to allow access through the "one-on-one" procedure.  When large numbers of employees are converted to regular Full-Time status and operating efficiency permits, the Union may conduct a group orientation meeting in lieu of the "one-on-one" procedure.  These meetings will be held in the respective operating areas.

 

(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 Union may mail, distribute or request supervision to distribute a solicitation letter to non-members within a work department/location, provided a distribution list is furnished to the Company, or in the alternative, provide the Company with the distribution list and letters for distribution.  If the Union notifies the Company the mail option is elected, the Company will furnish the addresses of non-members.  Supervision will neither encourage or discourage employees from electing to meet with the Union.

 

(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 Union.

 

(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 Union.

 

(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 Union shall have the right to designate Shop Stewards in an amount mutually agreed upon by the parties.  The number of Shop Stewards may be changed by mutual agreement of the parties.  The local Union shall, in writing, notify the Employee Relations office of the Company as to the identity of the designated Shop Steward.  The Shop Steward shall have the right to receive, but not to promote, complaints or differences and to discuss and assist in the adjustment of the same with the appropriate supervisor on Company property without loss of pay during his/her regular working hours.  The Company will not discriminate against the Shop Steward in the proper performance of his/her Union duties provided that such duties do not unreasonably interfere with his/her regular work or with the work of other employees and he/she shall not leave his/her work station without first notifying his/her appropriate Supervisor as to his/her intent, the reason therefore, where he/she can be reached and the estimated time he/she will be gone.

 

(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 Union in the event a Shop Steward is transferred to a different work area/location.  Shop Stewards shall have super seniority for the purpose of layoff, recall, and furlough only.  In the event of the layoff or discharge of a Shop Steward, the Company will notify the Union Office in advance of the termination.  Failure of the Union to provide the Company with an up‑to‑date listing of Stewards will relieve the Company's obligation of notification.

 

(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 Union on or before the third week following the last week in the month in which the dues are deducted.  The Company shall also forward an electronic check-off report which lists employee name, social security number, statused origin/department/location, and the amount of the deduction.

 

The Union agrees to indemnify and save the Company harmless against any and all claims, suits or other forms of liability arising out of the deduction of money for Union dues from employees' pay.  The Union assumes full responsibility for the disposition of the monies so deducted once they have been turned over to the certified financial secretary or other properly designated official of the Union. 

 

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 Union or non-Union status.

 

(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 Union or non-Union status.


SECTION 7.      POLITICAL ACTION COMMITTEE (PAC) FUND

The Company agrees to deduct weekly voluntary contributions to the political action fund of each affiliate Union from the paycheck of all employees covered by the STCU Agreement.  Those employees must notify the Company in writing of his/her desire to have such contributions deducted and the amounts designated from his/her paycheck.  The Company shall transmit to each such affiliate’s fund on a monthly basis, in one check, the total amount deducted along with an electronic report of the name of each employee on whose behalf a deduction is made, the employee’s social security number and the amount deducted from the employee’s paycheck.

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 Union assumes full responsibility for the disposition of the monies so deducted once they have been turned over to the fund.

ARTICLE 10 ‑ HOURS OF WORK

 

SECTION 1.      PAYROLL WEEK

A payroll week is a period of seven (7) days starting at 8:00 a.m. on each Sunday and ending at 8:00 a.m. on the same day in the following week.

 

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 8:00 a.m. on each Sunday and ending at 8:00 a.m. on the same day in the following week.  This shall constitute the regularly scheduled work week but is not a guaranteed work week. 

 

(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 8:00 a.m. and ending at 8:00 a.m. on the following day.

 

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 Union.  The determination of an employee's qualifications as used herein shall be made by the Company.  Any dispute arising under this Section shall be subject to the grievance procedure.  Any employee will be assigned any combination of two (2) consecutive days off within a seven (7) day period.  An employee will be notified in writing at least five (5) days in advance of any change in such assignment, except in the case of an emergency or operational necessity.  One example is shown below with the third day (Tuesday) and the fourth (Wednesday) as days off.

  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 Magic Kingdom (excluding employees assigned or statused to Transportation and Ticket Center/Main Entrance areas), will receive ten (10) minutes per shift paid dress and travel/walk time.  Employees will be released ten (10) minutes prior to the end of their shifts to compensate them for this dress and travel/walk time allowance.

 

            (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.

SECTION 4.      TIME AND ONE-HALF

(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 (1½) 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 (ADO’s) shall constitute a day worked.  Additionally, if an employee reports to work late for his/her scheduled shift, or has a release of shift (ROS), the portion of the scheduled hours not worked must be worked prior to the overtime rate commencing on either the first or second of their two (2) scheduled days off for purposes of this provision.

 

(2)  Employees Who Work Over Eight (8) Consecutive Hours.  The Company shall pay time and one-half (1½) 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 (1½) 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 (ADO’s) shall constitute a day worked. Additionally, if an employee reports to work late for his/her scheduled shift, or has a release of shift (ROS), the portion of the scheduled hours not worked must be worked prior to the overtime rate commencing on either the first, second, or third of their three (3) scheduled days off for purposes of this provision.

 

(2)  Employees Who Work Over Ten (10) Consecutive Hours.  The Company shall pay time and one-half (1½) 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 (1½) 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.

 

 

ARTICLE 12 ‑ JOB CLASSIFICATIONS AND WAGE RATES

 

SECTION 1.      SCHEDULE OF WAGE RATES                

The job classifications and rates of pay which shall prevail during the term of this Agreement are set forth and contained in Addendum "A" attached hereto and considered in all respects to be a part of this Agreement.

 

SECTION 2.      RATES FOR NEW JOBS                    

If the Company hereafter establishes any new or substantially changed job classifications or work operation, prior to the implementation of any new or substantially changed job classification or work operation, the Company will discuss such action with the Union.  The new job classification and wage rate for such new job classification will be established by the Company.  If the Union does not agree with the rate for the job classification, the Union shall submit a written grievance at the Third (3rd) Step of the Grievance Procedure within fourteen (14) calendar days after installation of the new rate.  In the event any higher rate is agreed upon through the Grievance Procedure or arbitration, it shall be effective retroactively as of the date the job classification was installed.

 

SECTION 3.      NIGHT SHIFT DIFFERENTIAL

If an employee is scheduled to commence work at or after 10:00 p.m. and on or before 4:00 a.m., or more than 50% of his/her work shift is between midnight and 6:00 a.m., he/she will be paid a differential of sixty cents ($.60) per hour in addition to his/her straight time rate for his/her scheduled work day.

 

SECTION 4.      REPORT PAY                            

(a)  Employees who report for work and who were not given prior notice not to report for work, and who are not put to work, will be given two (2) hours pay.

 

(b)  Employees who report for work and are put to work will be paid their full shift if they are sent home before the end of their regular shift.

 

(c)  No report pay will be due an employee if work is not available for him, due to conditions beyond the control of the Company, such as fire, flood, hurricane, or other Act of God, civil disturbances, picketing and threats of harm.

(d)  The provisions of this Article apply to all scheduled shifts, including overtime.

SECTION 5.      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 Union agrees to affirmatively encourage employees to properly use the time clock system.  When a pay shortage occurs, the Company will, upon an employee’s timely request, in accordance with the procedure adopted by the Company, issue a check for the pay which is due as quickly as possible, but no later than the next pay day following the request.

 

SECTION 7.      COORDINATORS

(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.

 

SECTION 9.      COORDINATORS OF TRAINING

(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 Union agree that it may be implemented in any area covered by this agreement.  However, the Company may maintain any current scheduling methodology presently in existence.  Should the Company decide to implement a new scheduling method, other than Bucket Bids, the Company will meet, discuss, and agree on the new scheduling method with the respective Union.  The Company will take appropriate steps to educate employees, Managers, and Union Shop Stewards regarding any new scheduling methodology.

 

 

 

SECTION 3.      DISPUTE ON SENIORITY SUBJECT TO GRIEVANCE PROCEDURE                    Any dispute on the application of the seniority principle shall be subject to the Grievance Procedure.

 

SECTION 4.      TERMINATION OF SENIORITY              

Seniority and/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 October 30, 1988, employees hired or transferring into a tipped classification, with the exception of Food & Beverage Assistants, will receive a flat rate (See Addendum "A").  Employees statused in a tipped classification as of October 30, 1988, will continue to progress through their current classification's rate range and be red circled at the top rate.

 

SECTION 8.       IMMIGRATION

            (a)  No employee employed continuously since November 6, 1986 or before shall be required to document immigration status.

            (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 Union.

 

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 Main Gate Pass and I.D. card;

 

(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 Union shall be entitled to a leave of absence without pay from the date of accepting such position during which time he/she shall retain and accumulate bargaining unit seniority.  Unions requesting leave for Union business must send the request, in writing, to the Director of Employee Relations and must give a minimum of two (2) weeks notice prior to the beginning of such leave.  A Full-Time employee of the Union, who works for the Union and who subsequently returns to work for the Company will be reinstated with accumulated bargaining unit seniority.  An employee on leave for Union business will be eligible for continuation of health care coverage subject to COBRA and will retain his/her ID card and Maingate or Silver Pass.  Such employee will not receive any discretionary privileges (i.e., complimentary admission tickets, service awards, etc.) while on leave.  No more than two (2) employees shall be granted Union leave from any division.  No more than a total of thirty (30) employees shall be granted Union leave at any point.

 

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 Union acknowledge that the provisions of the Family and Medical Leave Act of 1993 apply to the employees working under this Agreement.  Thus, nothing in this Agreement shall be construed as being inconsistent with the requirements of the Act.  In this regard, the Company and the Union commit to meet to resolve potential conflicts between the Family and Medical Leave Act of 1993 and the Agreement.

 

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.

 

SECTION 4.      DISCIPLINARY/INVESTIGATORY SUSPENSIONS

(a)  An employee may be suspended from work so that the Company may complete a thorough investigation and review of an alleged incident/offense.  At the conclusion of the investigation, the employee will receive one of the following:

 

(1)     No discipline and a return to work with full back-pay;

 

(2)     A reprimand in accordance with Section 5(a) below and a return to work with full back-pay;

 

(3)     Disciplinary suspension in accordance with Section 4 (b) below; or

(4)     Termination in accordance with Section 6 below.

 

                                    (b)  An employee may be suspended without pay for a period of up to two (2) weeks in lieu of termination.  The parties recognize, however, that the use of a suspension is not a mandatory component of the disciplinary progression.

 

                                    (c)  In circumstances where an investigatory suspension extends beyond two (2) weeks, an employee shall be paid on a weekly basis until such time that the suspension is concluded and an employment decision is administered by the Company.

         (d)  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.

 

SECTION 5.      DISCIPLINE

Discipline must be for just cause.  In administering discipline, the Company will make its determination based on the factors in Section 1.

 

(a)         Reprimands

Reprimands will be issued in writing on a specific subject or subjects and will be signed by the Supervisor who will present it and discuss it with the employee. Reprimands will be presented and discussed within fifteen (15) calendar days after the occurrence, or within fifteen (15) days after the immediate supervisor has had a reasonable opportunity to become aware of and complete an investigation of the occurrence, whichever is later, unless prevented by the absence of the employee or extenuating circumstances beyond the control of the Company.  These time limits shall not apply to discipline based on attendance, clocking or discipline as a result of an HR Compliance investigation.  An employee will sign the reprimand, not in admission of the offense, but in acknowledgment that a copy of the reprimand has been received by the employee.  The Company shall make copies of written reprimands available to the Union. Reprimands, other than absenteeism/tardiness and clock-in/clock-out, shall be recorded and effective on the date the incident occurred.

 

(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.

 

SECTION 8.      CLOCK IN/CLOCK OUT STANDARD

Failure to Either Clock in or Clock Out:

Beginning with 3 points in any 30 days     =     reprimand

Beginning with 6 points in any 90 days     =     reprimand

Beginning with 9 points in any 180 days    =    reprimand

Beginning with 12 points in any 365 days   =    reprimand

 

Tracking:

Failure to clock in for the start of shift   = ½ point

Failure to clock out for the end of shift   = ½ point

Clocking in more than 15 minutes before the start of the shift   = ½ point

Clocking out more than 15 minutes after the end of the shift   = ½ 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 Union; otherwise, the grievance shall be regarded as withdrawn.

 

(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 Union within seventy-two (72) hours.  In circumstances where the Company is unable to provide information within seventy-two (72) hours, the Union will be provided with an estimate of the time of provision.

 

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 Union(s).

 

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 Union. If agreement is reached, the arbitration must occur within thirty (30) days after the joint selection of the arbitrator.  If the Company and the Union do not mutually agree upon the selection of an Arbitrator, then an Arbitrator shall be selected from a panel of seven (7) Arbitrators furnished by the Federal Mediation and Conciliation Service.  Either party, at their discretion may refuse one list, which has been presented by a Federal Mediation and Conciliation Service for a pending arbitration hearing.  At this point, the parties have a maximum of fourteen (14) calendar days from the date the list is received, to strike the panel.  The Rules for the Federal Mediation and Conciliation Service shall govern the selection of an Arbitrator and the conduct of the arbitration hearing.  The Arbitrator shall not have the authority to alter, amend, change, modify, add to or subtract from or reform any provision, Article or language of this Agreement.  The Decision of the Arbitrator shall be final and binding on all parties with no further appeal, except for reasons of setting aside an Arbitrator’s Award, as set forth in applicable Federal and Florida Statutes.  Any joint expense incidental to or arising out of the arbitration shall be borne equally by the Company and the appropriate Union.  Only one grievance shall be before a specific Arbitrator at one time.

 

SECTION 4.      GRIEVANCE SETTLEMENTS

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.      HOLIDAY PAY WHEN NOT WORKED

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.      HOLIDAY PAY WHEN WORKED

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 HOLIDAY

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.      HOLIDAY PAY CONSIDERED TIME WORKED FOR COMPUTING OVERTIME

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 HOLIDAY DURING VACATION

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 HOLIDAY IS OBSERVED

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 HOLIDAY AND WHO DOES NOT 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 (ADO) by supervision.

 

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 HOLIDAY

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.     Holiday Request and Approval

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 DECEMBER 18, 1994:

 

(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

Dec. 18-31, 1994

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.

 

SECTION 8.     VACATION SCHEDULING

 (a)  Due to the nature of the Company's operations and requirement for specified skills, vacations will be scheduled by the Company. Where a time period has previously been blocked out and circumstances change such that the time period becomes available, employees requesting vacation for that time period will be considered on a seniority basis.  Consideration will be given to requested time by the employee whenever possible.  The employees with greater length of service will be given preference in the event of a conflict of dates affecting two (2) or more employees.

 

            (b)  Pre-approved vacation requests will be considered by seniority for each job classification within the scheduling group.  The availability of particular time frames will be determined by Management based on the needs of the business.  The pre-approved vacation request and approval process will be administered by seniority according to the following schedule:

 



Deadline

Timeframe

Schedule Posted

November 30

May 15

January 8 – January 7 (following year)

September 1 – January 7 (following year)

December 15

May 31

 

            (c)  Following the November 30 vacation bid, additional requests for available dates between January 8 and August 31 will be on a first come first serve basis.  The same provision will apply following the May 15 vacation bid for available dates between September 1 and January 7 (following year).

 

 

 

SECTION 9.      PAY RATE FOR VACATIONS

Vacations will be paid at the straight‑time rate but not less than the wage rate established under the Fair Labor Standards Act in effect at the time the vacation is taken.  All non-tipped employees with five (5) or more years of service shall receive a $1.00 per hour premium, in addition to their straight-time rate, for all vacation hours paid and all tipped employees with five (5) or more years of service shall receive a $1.00 per hour premium in addition to their appropriate Labor Grade 5 rate for all vacation hours paid.  Those employees in tipped classifications who have less than five (5) years of service will have vacation benefits paid at the appropriate Labor Grade 5 rate.

 

            SECTION 10.     PAY FOR UNUSED VACATION HOURS AT TERMINATION OF    EMPLOYMENT

(a)  All regular Full-Time employees who have been continuously on the payroll for nine (9) months or longer and who voluntarily terminate their employment, shall receive payment for all unused vacation hours earned based on the number of hours worked in accordance with the foregoing applicable formula.

(b)  The employee will not lose his/her pro rata vacation allowance in the case of termination except if terminated for drunkenness, dishonesty or illegal use or possession of controlled substances.  Voluntary terminations will be paid all earned but unused vacation, and pro rata vacation hours accrued for use in the following year.

 

SECTION 11.     CANCELLATION OF PRE-APPROVED VACATION

When it is operationally necessary to cancel a vacation which has been pre-approved by Management, the employee will be reimbursed for all documented unavoidable loss incurred as a direct result of the cancellation.

           

 

ARTICLE 22 ‑ JURY DUTY AND BEREAVEMENT LEAVE PAY

 

SECTION 1.      JURY DUTY PAY FOR REGULAR FULL-TIME EMPLOYEES

All regular Full-Time employees are eligible for jury duty pay.

 

(a)  The Company will pay an employee for his/her regularly scheduled shift, while serving on jury duty, provided such time shall not exceed eight (8) hours in any day or forty (40) hours in any payroll week.  Employees shall not be eligible to receive more than twenty (20) days of jury duty pay in any calendar year.  Deductions of jury duty fees will not be made unless service on the jury exceeds one (1) week.

 

(b)  The Company reserves the right to petition the court to excuse any eligible employee from jury service when such employee's services are needed by the Company because qualified replacements are not available or the employee's absence would result in a hardship on the Company.

 

(c)  Those employees in tipped classifications will have jury duty benefits paid at the appropriate Labor Grade 5 rate.

 

            SECTION 2.      BEREAVEMENT LEAVE PAY

(a)  Employees bereaved by the death of a member of their immediate family are granted time off with pay for time necessary to travel to and from the funeral location and attendance at the funeral.  The deceased must have been a member of the immediate family household, such as spouse, qualified same sex domestic partner, child (step or natural), mother, father, brother, sister, mother‑in‑law, father‑in‑law, or grandparent.  If a closer than normal relationship existed between the employee and a person other than those named, consideration will be given toward payment of the bereavement benefit.

 

 

(b)  Bereavement leave shall be paid up to a maximum of five (5) days.  Payment will be based on the employee's current rate.  The relationship of the deceased and the location of the funeral must be noted on the request for bereavement pay status.

 

(c)  An employee will be entitled to receive up to three (3) days of pay for actual time lost to attend in-state funerals and up to five (5) days of pay for actual time lost to attend out of state funerals.  Additional unpaid time may be granted where appropriate.

 

(d)  An employee who is on an authorized leave of absence is not eligible for this benefit, except in the case of an employee who is on a leave of absence to care for a person covered above, that employee will be eligible for bereavement pay in the event of the death of that person.

(e)  Those employees in tipped classifications will have bereavement leave benefits paid at the appropriate Labor Grade 5 rate.

 

(f)  Unpaid time off, in accordance with (c) above, will be granted for time necessary to travel to and from the funeral location and attendance at the funeral of a grandchild. 

 

 

ARTICLE 23 ‑ PENSION AND WELFARE

 

SECTION 1.      PENSION

(a)  All employees will be eligible to participate in the Walt Disney World Co. and Associated Companies' Retirement Plan.  During the term of this Agreement, the employee's portion of contribution to the Retirement Plan shall be seven (7) cents per hour for all hours worked, not to exceed forty (40) hours per week.  Contributions will be for the second through and including the fifth year of participation.  While this Agreement is in effect, the Company agrees to keep in effect its presently existing Walt Disney World Co. and Associated Companies' Retirement Plan.  The Plan is and shall continue to be qualified under the Employee Retirement Income Security Act of 1974, as amended, and shall otherwise conform to applicable laws.  However, nothing contained herein shall constitute or be considered a waiver or forfeiture of any right, power, or discretion which the Company may have, notwithstanding such laws, rules or regulations.  The Company will pay the complete contribution for employees in the first year of participation and for all years after five (5) credited years of participation in the Plan.  Vesting requires five (5) credited years of service.  Copies of the Walt Disney World Co. and Associated Companies' Retirement Plan will be furnished to the Union.

 

The following schedule is in effect through the life of this Agreement:

 

PENSION BENEFIT SCHEDULE AT AGE 65 FOR STRAIGHT LIFE ANNUITY OPTION

 

 

Credited Years of Service

Credited Hours of Service

Maximum Monthly Benefit

1

1,500 – 2,250

24.00

1

2,251 or more

36.00

2

3,000 – 3,750

48.00

2

3,751 or more

60.00

3

4,500 – 5,250

72.00

3

5,251 or more

84.00

4

6,000 – 6,750

96.00

4

6,751 or more

108.00

5

7,500 - 8,250

120.00

5

8,251 or more

132.00

6

9,000 - 9,750

144.00

6

9,751 or more

156.00

7

10,500 - 11,250

168.00

7

11,251 or more

180.00

8

12,000 - 12,750

192.00

8

12,751 or more

204.00

9

13,500 - 14,250

216.00

9

14,251 or more

228.00

10

15,000 - 15,749

240.00

10

15,750 or more

252.50

11

16,500 - 17,249

265.00

11

17,250 or more

277.50

12

18,000 - 18,749

290.00

12

18,750 or more

302.50

13

19,500 - 20,249

315.00

13

20,250 or more

327.50

14

21,000 - 21,749

340.00

14

21,750 or more

352.50

15

22,500 - 23,249

365.00

15

23,250 or more

377.50

16

24,000 - 24,749

390.00

16

24,750 or more

402.50

17

25,500 - 26,249

415.00

17

26,250 or more

427.50

18

27,000 - 27,749

440.00

18

27,750 or more

452.50

19

28,500 - 29,249

465.00

19

29,250 or more

477.50

20

30,000 - 30,749

490.00

20

30,750 or more

502.00

21

31,500 - 32,249

514.00

21

32,250 or more

526.00

22

33,000 - 33,749

538.00

22

33,750 or more

550.00

23

34,500 - 35,249

562.00

23

35,250 or more

574.00

24

36,000 - 36,749

586.00

24

36,750 or more

598.00

25

37,500 – 38,249

610.00

25

38,250 or more

622.00

26

39,000 – 39,749

634.00

26

39,750 or more

646.00

27

40,500 – 41,249

658.00

27

41,250 or more

670.00

28

42,000 – 42,749

682.00

28

42,750 or more

694.00

29

43,500 – 44,249

706.00

29

44,250 or more

718.00

30

45,000 or more

730.00

 

Employees will be notified on an annual basis of any delinquency in their pension contribution.

(b)  Retiree Health Benefits

The Walt Disney World Co. and Associated Companies' Retirement Plan ("Retirement Plan") provides for health benefits for certain retired employees.  Any employee with an original hire date after October 29, 1994, will not be eligible for Retiree Health Benefits.  Any employee with a rehire date after October  29, 1994, also will not be eligible for Retiree Health Benefits, except in very limited circumstances provided below.

 

Any employee hired prior to October 30, 1994, will be eligible for Retiree Health Benefits commencing at age 65, if he/she meets the Service Criterion and retires on or after age 55.  The Service Criterion is 20 credited years of service and 30,000 credited hours of service earned under the Retirement Plan (or under the Disney Salaried Retirement Plan, The Disneyland and Associated Companies’ Retirement Plan, or The Walt Disney Productions and Associated Companies’ Retirement Plan).  In order to be eligible for Retiree Health Benefits, an employee must also be at least age 55 and actually employed by the Company at the time he/she terminates his/her employment with eligibility for either early or normal retirement under the Plan.  The age 55 requirement will not apply to an employee whose termination of employment occurs on account of death or who terminated employment on account of a disability, which entitles him/her to disability benefits under the Social Security Act.  The Retiree Health Benefits provided will be those provided on the same basis as current active employees.  Retiree Health Benefits will also be provided to the retiree's or deceased employee's eligible dependents in accordance with the health plan's rules.

 

An employee who is at least age 60 prior to October 30, 1994, and completes the Service Criterion thereafter, will receive his/her Retiree Health Benefits commencing at the later age of 62 or at the time he/she elects to take either early or normal retirement under the Retirement Plan.  An employee who met the Service Criterion prior to October 30, 1994, will also receive his/her Retiree Health Benefits commencing at the later age of 62 or at the time he/she elects to take either early or normal retirement under the Retirement Plan, provided that such an eligible employee who is under age 60 on October 30, 1994, must terminate employment with the Company before February 28, 1995.  Any employee covered by this paragraph who is rehired on or after February 28, 1995, and prior to his/her 55th birthday, will not be entitled to Retiree Health Benefits pursuant to the provisions of this paragraph.  Eligibility, if any, for the Retiree Health Benefits will be dependent upon fulfilling the requirements of the second paragraph of the Section, subject to the rehire provisions of the following paragraph.  Any employee covered by this paragraph who is rehired on or after his/her 55th birthday will remain entitled to Retiree Health Benefits, under the provisions of this paragraph upon his/her subsequent retirement.

 

In general, any employee who terminates employment with the Company and is rehired on or after October 30, 1994, will not be eligible for Retiree Health Benefits upon subsequent retirement.  However, a rehire date which occurs on or after October 30, 1994, will be ignored for purposes of the preceding rule, if the employee satisfies the requirements of Subsection (1) below and the requirements of either Subsection (2) or Subsection (3) below.

 

(a)  The employee has completed the Service Criterion prior to his/her rehire date; and,

 

(b)  The employee has reached his/her 55th birthday prior to or coincidental with his/her rehire date; or,

 

(c)  The employee fulfilled all of the following conditions:

 

(1)         The employee has only one rehire date which occurs on or after October 30, 1994, and prior to his/her 55th birthday.

 

(2)         The employee's period of termination of employment immediately prior to the rehire date is less than 366 days.

 

(3)         The employee's period of re-employment following his/her rehire date is at least 365 consecutive days during which he/she is credited with at least 750 Hours of Service under the Retirement Plan.

 

 

 

For purposes of the above rehire rules, an employee shall not be deemed to have a termination of employment and shall not be deemed to have a rehire date that occurs on or after October 30, 1994, if the employee's termination of employment is on account of a disability defined in the Retirement Plan and the employee returns to employment upon recovery from the disability, or if the employee is laid-off and recalled within twelve (12) months of the layoff.  In such cases and for the purposes of this Section, such employee shall be treated as if there was no interruption in the continuity of employment.  However, a layoff in excess of twelve (12) months is deemed a termination of employment as of the first day of layoff.

 

SECTION 2.       GROUP INSURANCE 

(a)  During the term of this Agreement, the Company will provide Group Insurance coverage and Signature Plan coverage to all eligible employees, on the same basis as provided to non-bargaining unit employees (including salaried employees) at the Company.  It is understood that all employees in this unit who participate in any Company sponsored plan(s) do so on the same basis as non-bargaining unit employees (including salaried employees) generally and that, therefore, future changes in such plans which are applicable to non-bargaining unit employees (including salaried employees) generally shall apply equally and automatically to employees covered under this Agreement.  By way of example, but not limitation, changes in such plan(s) may include termination in accordance with the plan terms, substitution of, or merger with, another plan or part thereof, improvements and modifications in the plan(s), creation of new plan(s), adjustment in contributions, etc...; all subject to the condition that where the changes apply equally to non-bargaining unit employees (including salaried employees) generally, the Company will not be obligated to bargain with the Union.  Entitlement to pension and group insurance benefits shall be determined exclusively by the plan terms and not by arbitration under this Agreement.

 

(b)  Notwithstanding (a) above, the following employee contribution rates shall be maintained with no increase for the period 1/1/05 through 12/31/05:

 

Effective 1/1/05

PLAN

EMPLOYEE

ONLY

EMPLOYEE + SPOUSE

EMPLOYEE + CHILDREN

EMPLOYEE + FAMILY

HMO

$9.54

$26.65

$19.65

$32.77

MED 90

$22.50

$57.00

$47.50

$85.00

MED 80

$10.75

$32.50

$25.50

$48.50

MED 75

$3.00

$11.00

$5.00

$15.00

High Deductible

$2.00

$7.00

$4.00

$10.00

 

Effective 1/1/06 annual employee contribution rates for the HMO and Med 75 shall be based on the above 1/1/05 rates and shall not be increased in weekly dollar amounts greater than the following:

 

            Employee Only        Employee + Spouse     Employee + Children       Employee + Family

            $3.00 per week         $12.00 per week           $5.00 per week                $10.00 per week

 

Effective 1/1/06 annual employee contribution rates for the High Deductible, Med 90 and Med 80 shall be based on Salaried contribution rates as follows:

 

            Year 2--2006                        Year 3--2007

            Not to exceed 90%               Not to exceed 95%

 

 (c)  Eligible employees shall be defined as employees whose employment status is Full-Time.  Eligible employees coverage shall become effective the first day of the month following completion of ninety (90) days continuous service.

 

 

SECTION 3.       SICK LEAVE

(a)  Regular Full-Time employees shall receive sick leave based on the number of  hours (straight time and overtime hours exclusive of the overtime premium) up to a maximum of 1800 hours worked from the date of hire to the end of the calendar year in which hired and for each succeeding calendar year thereafter.  Sick leave earned in the first calendar year of service may not be used until nine (9) months of continuous service have elapsed from the date of hire and in no event prior to the beginning of the calendar year following the year in which employed.  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.

(b)  The following formula shall apply for the accumulation of paid sick leave hours each calendar year:

      

Calendar year              Earned sick

hours worked               leave hours

             1800                           48

        1500                            40

        1200                            32

         900                            24

         600                            16

         300                              8

 

The maximum amount of sick leave that may be earned in one (1) calendar year is forty‑eight (48) hours.  Unused sick leave may be accumulated up to a maximum of 200 work hours; any excess over this amount will be given to the employee in the form of an automatic payout at the end of the calendar year.  Accrued available sick leave in excess of ninety-six (96) hours will be paid upon the request of an eligible employee. Requests for payment will be accepted on an annual basis (by calendar year). Amounts paid are subject to all required withholdings.  At the beginning of each calendar year, after an employee has completed the eligibility requirement, sick leave shall be made available for his/her use during that calendar year based on the above‑noted hour formula in the prior calendar year.  Sick leave shall be paid at the rate of pay in effect at the time sick leave is requested by the employee.  In order to be paid sick leave, the employee must file a request for payment on the appropriate form and submit the form to his/her supervisor.  This must be done within three (3) days after the employee returns to work.  In the event that three (3) or more consecutive scheduled shifts of sick leave are applied for, the Company may request a written statement from a physician certifying as to the nature and length of employee's illness.  However, the Company may require proof of illness in any case if desired and an employee not furnishing such proof will not be entitled to sick leave pay.  Employees will not be entitled to sick leave during vacation or on days on which they are not scheduled to work.  In the event the employee incurs a non‑occupational illness while at work and is released from the completion of his/her scheduled shift by the Medical Department, the employee may apply for sick leave covering the unworked balance of that shift in amounts of one (1) hour.  An employee who reports for work after the start of his/her scheduled shift due to personal illness shall not be entitled to apply for sick leave pay covering the period between the start of his/her scheduled shift and the time the employee actually started to work.

 

(c)  Employees who voluntarily terminate and who do not fall in the categories of drunkenness, dishonesty, or illegal use or possession of controlled substances will be paid 100% of earned sick leave and one‑half of accrued sick leave.  Terminations for the three categories listed above will be paid 50% of all earned and none of the accrued.

 

(d)  Those employees in tipped classifications will have sick leave benefits paid at the appropriate Labor Grade 5 rate.

 

 

 

 

          ARTICLE 24 ‑ COSTUMES, UNIFORMS, AND PERSONAL APPEARANCE

 

 SECTION 1.      COSTUMES AND WORK UNIFORMS

If the Company requires an employee to wear a uniform or costume, it will be furnished at the Company's expense.  Shoes shall be furnished at the employee's cost even if uniformity is required, provided they are generally accepted as street wear.

 

SECTION 2.       SAFETY AND SANITARY CLOTHING AND EQUIPMENT

Where the Company, for safety purposes, requires the use of protective clothing, shoes, or other safety devices, other than hair nets and headbands, they will be furnished without cost to the employees.  The Union agrees to require regular Full-Time employees in those classifications listed in Addendum "A" to use the devices furnished.

 

SECTION 3.       LAUNDRY AND CLEANING OF CLOTHING PAID BY COMPANY

The cost of cleaning or laundering the clothing furnished under this Article shall be paid by the Company.  Such clothing and other equipment will at all times remain the property of the Company and the employee who is issued any of these items will be fully responsible for seeing that they are properly cared for.

 

SECTION 4.       PENALTY FOR LOST CLOTHING OR MISUSE OF CLOTHING AND LOST LOCKER KEYS

Each employee will be required to sign an authorization for the Company to deduct from wages the amount of money necessary to replace the employee's company‑furnished uniform in the event the uniform is not returned when required, or is defaced or is willfully damaged.  An unreturned or lost locker key will result in a wage deduction in the amount necessary to replace the lock on an employee's locker.  An employee who willfully defaces, destroys or misuses a company‑furnished uniform is subject to disciplinary action, including dismissal.

 

SECTION 5.       PERSONAL APPEARANCE RULES SET FORTH IN WRITING

It is recognized that the Company may make and enforce rules relating to the personal appearance which must be set forth in writing and must be reviewed with the Union prior to implementation.   In situations where an employee exceeds the size limitations of the costume of his/her current job classification, the Company will make reasonable efforts to transfer such employee.

 

SECTION 6.       FURNISHED CLOTHING NOT TO BE WORN OFF WALT DISNEY WORLD PREMISES

Company‑furnished clothing is not to be worn off Walt Disney World Resort premises outside of employee's working hours without permission.

 

 

                                            ARTICLE 25 ‑ SAFETY AND HEALTH

 

SECTION 1.       COMPANY RESPONSIBILITY

The Company will continue to make reasonable provisions for the safety and health of its employees during the hours of their employment.  The Company agrees that it will furnish and maintain sanitary toilet facilities, washrooms, lockers and changing quarters for all employees covered by this Agreement.

 

SECTION 2.       EMPLOYEE RESPONSIBILITY

All employees shall obey the Company's safety and health rules.

 

SECTION 3.       COMPANY ‑ UNION COOPERATION

 (a)  The Company and the Union shall cooperate to further the goal of maintaining safe and sanitary working conditions.  The Company may hold safety meetings with required attendance by every employee covered by this Agreement, on work time, as a means of improving safety and educating employees in safe practices.  A Union Representative may attend such meetings.

(b)  The Company and the Union recognize the importance of a safe and violence free work environment.  In this regard, both parties agree to work cooperatively to prevent and address potential work place violence issues.

 

SECTION 4.       EXAMINATIONS

(a)  The Company and the Union acknowledge that the provisions of the Americans with Disabilities Act, as well as parallel state legislation, apply to employees working under this Agreement.  In this regard, the Company and the Union commit to meet to resolve potential conflicts between the Americans with Disabilities Act and the Agreement.

 

(b)  Applicants for employment with the Company may be required to undertake a post-offer, conditional-employment medical examination.  Examinations will be conducted by a licensed physician designated and paid for by the Company.

 

(c)  Employees may be required by the Company to submit to a medical or psychological examination at the Company's expense in the following situations:

 

(1)  When the Company needs to determine whether an employee is able to perform the essential functions of a position with or without accommodation and/or whether the employee can perform the essential functions of a position, with or without reasonable accommodation, without directly threatening his/her health or safety or that of others;

 

(2)  When the Company concludes that it must determine whether reasonable accommodation is required or where an employee has requested accommodation, including the nature and extent of such accommodation;

 

(3)  When the Company concludes it must acquire medical advice to determine whether a local, state, or federal health or safety standard can be satisfied;

 

(4)  When the Company is obligated by law to assess, monitor and/or maintain a record of an employee's health status.

 

(d)  Pursuant to Section 2 above, the Company reserves the right to require an employee to undergo an examination by a licensed physician or certified health care provider designated by the Company at the Company's request.  If the employee disagrees with the medical opinion of the Company-designated physician or certified health care provider, the employee may select, at his/her expense, a physician or appropriate certified health care provider to conduct the Company-required medical or psychological examination.  The results of that examination must be submitted to the Company-designated physician for concurrence.  In the event the two physicians cannot agree, the Company and the employee shall select a third physician from a panel of three physicians supplied by the Company.  The cost of the third physician will be paid by the Company.

 

(e)  Employees whom the Company determines are not able to perform the essential functions of a position, with or without reasonable accommodation, or who pose a direct threat that cannot be reasonably accommodated will be considered for reassignment to vacant positions for which they meet the minimum qualifications.  The Company shall not be required to create "light duty" positions for permanently disabled employees.  In those instances where reassignment or other reasonable accommodation is not available, the employee may be terminated or placed on an appropriate leave of absence.

 

(f)  Employees enrolled in the Limited Work Program shall continue to be covered by the provisions of the collective bargaining agreement.

(g)  An employee's rights to disability, workers' compensation, or other benefits which are administered independently of this Agreement shall be determined exclusively by the plan terms and laws governing those benefits and not by arbitration under this Agreement.

 

SECTION 5.       UNION/MANAGEMENT SAFETY COMMITTEE

A joint safety committee comprised of hourly and Management representatives will be formed in each resort property and each theme park division.  The number of representatives may vary by area but will consist of at least four (4) representatives.  The Union and the Company will each select fifty percent (50%) of the committee.  The Company selections shall include at least one (1) Management representative.  All hourly representatives shall be selected from a sign-up list posted in the affected work areas. The Company and the Union shall each designate a Co-chair for the committee.  Upon formation, each committee will establish individual committee procedures and meeting schedules.

The role of the committee will be the following:

 

(a)  Evaluation of health and safety issues through means such as, but not limited to, examination of records, inspections, and employee interviews;

 

            (b)  To identify additional or improved health and safety training needs;

 

(c)  To meet with and make recommendations to the G.M./Director with operational responsibility for the area in question regarding (a) and (b) above.

 

The Company will provide four (4) hours of paid training per year for each committee representative and an additional eight (8) hours for the Union Co-chair.  Such training will be mutually agreed upon by the Company and the Union.

SECTION 6.       IMMINENT DANGER

No employee shall be compelled to perform work or operate equipment that poses an imminent danger to life or serious physical harm to himself/herself. 

 

 

ARTICLE 26 ‑ WORK BY SUPERVISORS

 

It is recognized that the duties of a supervisor are, as the designation implies, largely of a supervisory nature.  Accordingly, supervisors shall not perform work such as that performed by the employees as herein defined, except:

 

(a)           For emergency purposes.

 

(b)           In the instruction and training of employees or supervisors.

 

(c)           Work of an experimental nature.

 

(d)           Testing materials and production.

 

(e)           Start‑up and closing‑down of operations.

 

(f)            To protect Company property and/or to ensure the safety of guests and/or  

                 employees.

 

(g)                       To provide uninterrupted services in order to ensure a positive guest and/or employee experience.

 

Work by supervisors as described by the provisions of this Article is not intended as a means by which the Company may eliminate any bargaining unit position(s) or shift(s).  In the event the Union believes that the provisions of this Article have been violated, the Union may request an immediate meeting to resolve the matter with the appropriate representative of Management and the Director of Employee Relations.  All grievances arising over an alleged violation shall be subject to the provision of Article 19 – Grievance Procedure.

 

 

                     ARTICLE 27 ‑ EMERGENCY WORK AND RUNNING REPAIRS

                                           BY EMPLOYEES

 

SECTION 1.       EMERGENCY WORK

Any employee may be requested to perform emergency work, which includes any situation endangering other persons or which might result in property damage.

 

SECTION 2.       RUNNING REPAIRS

Running repairs may be performed by operating personnel covered by this Agreement, or by personnel regularly assigned to the department where the need for such repairs occurs.  Running repairs are generally defined as minor maintenance repairs or adjustments which can be done without a cessation of normal operations, or where such repairs or adjustments can restore such equipment or unit to operation without an extended shut‑down.

 

                                                                             

                                              ARTICLE 28 ‑ BULLETIN BOARDS

 

The Company shall provide bulletin boards in all areas which are frequented by employees for the posting of official Union notices and a list thereof.  The board shall be covered with glass and under lock and free of obstructions.  A master key shall remain in the possession of a Department Head with copies provided to each affiliate Union of the Service Trades Council.  These boards shall be used for the display of the following notices:  Union meetings, Union appointments, Union elections and official Union social affairs and any Company‑issued information.  It is agreed that no Union matter of any kind shall be posted in and about the premises of Walt Disney World Resort except on said Boards.  It is agreed by the Union and Management that it is the responsibility of each employee to be knowledgeable of notices posted.  All such Union notices shall bear a posting and a removal date.

 

 

                                              ARTICLE 29 - SUBCONTRACTING

 

During the term of this Agreement, the Company agrees that it will not subcontract work for the purpose of evading its obligations under this Agreement.  However, it is understood and agreed that the Company shall have the right to subcontract in the following instances and will give notice of such subcontracting to the Union when possible:

 

(a)  Where some work is required to be sublet to maintain a legitimate manufacturer's warranty; or

 

(b)  Where the subcontracting of work will not result in the termination or layoff, or the failure to recall from layoff, any regular Full-Time employee qualified and classified to do the work; or

 

(c)  Where the employees of the Company lack the skills or qualifications or the Company does not possess the requisite equipment for carrying out the work; or where

 

(d)  Because of size, complexity or time of completion, it is impractical or uneconomical to do the work with Company equipment and personnel.

 

 

                                               ARTICLE 30 ‑ INTERPRETATION

 

The parties hereto may interpret, alter or amend this Agreement by mutual action in writing, and no individual employee shall have cause to complain therefore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees, whether such action be prospective or retroactive.

 

 

ARTICLE 31 ‑ SEVERABILITY

 

It is not the intent of either party hereto to violate any laws or any rulings or regulations of any governmental authority or agency having jurisdiction of the subject matter of this Agreement and the parties hereto agree that in the event any provisions of this Agreement is held or constituted to be void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of this Agreement.

 

 

ARTICLE 32 ‑ TERM OF AGREEMENT

 

SECTION 1.       TERM

This Agreement and any further amendment or supplement hereto shall be in full force and effect from May 2, 2004 through April 28, 2007, and from year to year thereafter, subject to the right of either party to terminate the same at the anniversary of April 28 following April 28, 2007, upon the giving of written notice of termination not later than sixty (60) days next preceding the effective date of such termination.

 

SECTION 2.       COMPLETE AGREEMENT

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties, after the exercise of that right and opportunity, are set forth in this Agreement.  Therefore, the Company and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, except as provided specifically in Section 2 of this Article, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the day and year first above written.

 

 

FOR THE SERVICE TRADES COUNCIL UNION:

 

 

 /s/ Joseph P. Condo

(Joseph P. Condo)

Service Trades Council President

Transportation Communications International Union, Local 1908

AFL-CIO

 

 

/s/ Margie Engels

Service Trades Council Union Secretary

UNITE HERE! Local 737

AFL-CIO

 

 

/s/ Brian J. Lawlor

(Brian J. Lawlor)

Service Trades Council Treasurer

International Alliance of Theatrical Stage Employees, Local 631

AFL-CIO

 

 

/s/ Donna-Lynne Dalton

(Donna-Lynne Dalton)

Service Trades Council Vice President

International Brotherhood of Teamsters, Local 385

AFL-CIO

 

 

/s/ Edward K. Chambers, Jr.

(Edward K. Chambers, Jr.)

Service Trades Council Vice President

United Food & Commercial Workers, Local 1625

AFL-CIO

 

 

/s/ Morty Miller

(Morty Miller)

Service Trades Council Vice President

UNITE HERE! Local 362

AFL-CIO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOR THE AFFILIATED SERVICE TRADES COUNCIL UNIONS:

 

/s/ Herb Rutland

Herb Rutland, President

UNITE HERE! Local 737

AFL-CIO

 

/s/ Tracy Pevehouse

Tracy Pevehouse, Vice President

UNITE HERE! Local 737

AFL-CIO

 

/s/ Morty Miller

Morty Miller, President

UNITE HERE! Local 362

AFL-CIO

 

UNITE HERE! Local 362 Negotiating Committee:

Richard Hatch, Attractions, Disney’s Animal Kingdom

Robert Moszenberg, Attractions, Epcot

Angelo Rubino, Custodian, Epcot

Leroy Sprouse, 3rd Shift Custodian, Magic Kingdom

Christine Walden, Vacation Planners, Disney’s MGM-Studios

 

/s/ Gary Lamboy

Gary Lamboy, District Chairman

Transportation Communications International Union, Local 1908

AFL-CIO

 

/s/ Randall S. Sluder

Randall S. Sluder, District President

Transportation Communications International Union, Local 1908

AFL-CIO

 

/s/ Dennis Hus

Dennis Hus, Business Agent

International Alliance of Theatrical Stage Employees, Local 631

AFL-CIO

 

Pat DonAroma, Assistant Business Agent

International Alliance of Theatrical Stage Employees, Local 631

AFL-CIO

 

/s/ Juleeann Jerkovich

Juleeann Jerkovich, Secretary-Treasurer

United Food & Commercial Workers, Local 1625

AFL-CIO

 

/s/ Mike Stapleton

Mike Stapleton, President

Donna-Lynne Dalton, Recording Secretary

Walt Howard, Business Agent

International Brotherhood of Teamsters, Local 385

AFL-CIO

 

International Brotherhood of Teamsters, Local 385 Negotiating Committee:

Betty Price

Melanie Polson

Rusty D. Reynolds

 

 

 

 

FOR THE INTERNATIONAL UNIONS:

 

 

Bruce Raynor

General President

John W. Wilhelm

President/Hospitality Industry

UNITE HERE!

AFL-CIO, CLC

 

 

Robert A. Scardelletti

International President

TRANSPORTATION COMMUNICATIONS INTERNATIONAL UNION

AFL-CIO, CLC

 

 

Thomas C. Short

International President

INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES

AFL-CIO, CLC

 

 

James P. Hoffa

International General President

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

AFL-CIO, CLC


FOR THE COMPANY:

 

 

 

/s/ Stephen C. Eisenhardt

(Stephen C. Eisenhardt)

Vice President

Employee Relations and Health Services

 

 

WALT DISNEY WORLD CO. NEGOTIATING COMMITTEE:

 

Barry Carlson

 

Ed Caudill

 

Sylvie Constantin

 

Sue Davis

 

Deke DeLoach

 

Brian Dreibelbis

 

Steve Eisenhardt

 

Hank Holden

 

Phil Holmes

 

Terry Johnson

 

Doug Lord

 

Jim MacPhee

 

Ken Mercer

 

Kent Mitchell

 

Kevin Myers

 

Michael O’Grattan

 

Joanne Palmer

 

Brad Rex

 

Rosemary Rose

 

Steve Schreiber

 

Tim Sypko

 

Clint Thomas

 

Zonia Wynns

 

Debby Zutter


WALT DISNEY WORLD                                ADDENDUM “A”                               Effective May 2, 2004

Job Classifications and Labor Grade Structure                                                                                      October 2, 2004

 

Non-Tipped Classifications

 

Occ Code

Job Classification

Labor Grade

 

Occ Code

Job Classification

Labor Grade

 

015

Adv Laundry Asst

6

 

335

Hair Makeup Spec Sr

20

 

252

Advanced Rescue Patrol

8

 

027

Hat Specialist I

13

 

500

Batch Tunnel Op

12

 

026

Hat Specialist II

10

 

2I0

Bus Driver 7

11

 

696

Hat Stitcher/Sewer 2

3H

 

585

Bus Driver 2

13

 

340

Horseshoer

2F

 

586

Bus Driver 3

16

 

625

Hospitality H/H

3

 

961

Character Greeter

3

 

360

Housekeeping H/H

3

 

965

Character Performer 1

9

 

277

Housekeeping Inspector H/H 2

3C

 

967

Character Performer (TR)

5

 

3T0

Houseperson

3

 

065

Chef Asst

20

 

029

Innoventions Presenter H/H

3I

 

286

Concierge H/H

8

 

425

Laundry Asst

4

 

575

Construct Sewing Spec I

11

 

626

Laundry Flying Squad

8

 

576

Construct Sewing Spec II

9

 

435

Laundry Helper

3

 

577

Construct Sewing Spec III

7

 

440

Laundry Specialist

8

 

005

Cook 1

16

 

205

Lifeguard-Deep Water

7

 

115

Cook 2

10

 

001

Lifeguard-Shallow Water

4

 

565

Costume Asst I

10

 

031

Milliner

20

 

566

Costume Asst II

8

 

945

Monorail H/H 1

8

 

567

Costume Asst III

6

 

977

Monorail H/H 2 3

10

 

255

Costume CAM Specialist I

1C

 

946

Monorail H/H 3 4

12

 

260

Costume CAM Specialist II

22

 

947

Monorail H/H 4 5

13

 

940

Costume H/H

3

 

570

Op Sewing Spec I

10

 

090

Costume Spec

6

 

571

Op Sewing Spec II

8

 

125

Costume Spec Sr

8

 

572

Op Sewing Spec III

6

 

272

Costuming First Hand I

3K

 

080

Pastry/Bakery Chef Asst

20

 

276

Costuming First Hand II

22

 

081

Pastry/ Bakery Cook I

16

 

100

Cowboy/Girl

10

 

082

Pastry/Bakery Cook 2

10

 

110

Cowboy/Girl Helper

7

 

605

Ranch Specialist

19

 

105

Cowboy/Girl Sr

16

 

345

Resort Guest Service H/H

8

 

135

Custodial H/H

3

 

392

Rigger

1G

 

1T5

Custodial H/H (TCU)

3

 

690

Sales H/H

3

 

688

Data Maintenance 2

3G

 

556

Sales H/H (Personalization) 2

3G

 

271

Data Maintenance (Floral) 2

4C

 

390

Stage Tech 1

1C

 

96F

Floral H/H

4

 

795

Stage Tech 2

1D

 

265

Floral Designer

8

 

790

Stage Tech 3

1E

 

270

Floral Designer, Sr

13

 

800

Stage Tech 4

16

 

632

Floral Sales H/H

5

 

805

Stage Tech 5

3

 

300

Floral Specialist

16

 

375

Style Shop Opr

1A

 

280

Food/Bev H/H

3

 

1T6

Utility Custodial H/H 2

3A

 

290

Food/Bev Steward

3

 

136

Utility Custodial H/H (TCU) 2

3A

 

008

Food Service H/H (QSR)

3P

 

037

Vacation Planner

8

 

975

Friendship/Sassagoula H/H 1

3

 

978

Watercraft H/H 1

10

 

980

Friendship/Sassagoula H/H 2 3

10

 

979

Watercraft H/H 2 3

12

 

022

Garment Cutter I

15

 

955

Watercraft H/H 3 6

14

 

021

Garment Cutter II

10

 

960

WDW H/H

3

 

336

Hair/Makeup Assoc

16

 

96T

WDW H/H (CE)

3

 

330

Hair/Make-Up Spec

1A

 

96I

WDW H/H (Parking)

3

 

1 After one year at LG 5

 

 

4  After two years of transportation experience

 

2  Premium pay is included.  This occ code is only to be used

 

 

5  After five years of transportation experience

 

   when 50% or more of the time is spent in these

 

 

6  After five years of WDW boat experience

7  Bus Drivers are hired at the year 1 rate ($7.98) and receive their

  classifications.

 

 

3 After one year of transportation experience

 

 

   first increase on their next anniversary

 

 

                                                                         

 

 

 

WALT DISNEY WORLD                                      ADDENDUM “A”                                      Effective May 2, 2004

Job Classifications and Labor Grade Structure                                                                                                   October 2, 2004

 

Tipped Classifications

 

Flat Rate Schedule                                                                             Tipped Progression Schedule                                                                     

Occ Code

Job Classification

Labor Grade

 

Occ Code

Job Classification

Labor Grade

715

Banquet Fac H/H (T) (Houseperson)

T-D

 

045

Banquet Fac H/H (T)  (Houseperson)

T-3

705

Banquet Svc H/H (T)

T-C

 

050

Banquet Svc H/H (T)

T-1

7XX

Banquet Svc H/H (T) 7i

T-C

 

03X

Banquet Svc H/H (T) 7i

T-1

305

Bev Asst (T)  (Barback)

T-E

 

292

Bev Cart H/H (T)

T-1

291

Bev Cart H/H (T)

T-A

 

57X

Bev Cart H/H (T) 7i

T-1

56X

Bev Cart H/H (T) 7i

T-A

 

351

Bev Captain (T) 

T-6

723

Bev Captain (T) 

T-H

 

26X

Bev Captain (T) 7i

T-6

25X

Bev Captain (T) 7i

T-H

 

035

Bev H/H (T)  (Bartender)

T-5

725

Bev H/H (T)  (Bartender)

T-E

 

05X

Bev H/H (T) 7i

T-5

70X

Bev H/H (T) 7i

T-E

 

275

Food/Bev Asst (T)  (Busser)

T-5

720

Food/Bev Captain (T)

T-D

 

295

Food/Bev Captain (T)

T-4

29X

Food/Bev Captain (T) 7i

T-D

 

72X

Food/Bev Captain (T) 7i

T-4

740

F&B Dinner Show Svr (T)

T-A

 

282

F&B Dinner Show Svr (T)

T-1

28X

F&B Dinner Show Svr (T) 7i

T-A

 

30X

F&B Dinner Show Svr (T) 7i

T-1

700

Food/Bev Svc H/H (T)

T-A

 

285

Food/Bev Svc H/H (T)

T-1

730

Hosp Svc H/H (T) (Bellmen & Valet)

T-B

 

350

Hosp Svc H/H (T) (Bellmen & Valet)

T-2

710

Special Svc H/H (T) (Room Svc)

T-C

 

775

Special Svc H/H (T) (Room Svc)

T-3

 

All tipped employees hired prior to October 30, 1988 that reclass to another tipped position will remain in the progression schedule.

Tipped employees hired on or after October 30, 1988 that reclass to another tipped position will transfer at the appropriate rate in

the Flat Rate Schedule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                          

 

 

WALT DISNEY WORLD                                ADDENDUM “A”                                  Effective May 2, 2004

Job Classifications and Labor Grade Structure                                                                                         October 2, 2004

 

Full time Cast Members hired on or before 12/12/98 – Tier 1 (005)

 

Non-Tipped Structure

 

Labor Grade

 

 

Year 4

Year 5

Year 6

3

 

 

$9.87

$10.76

$11.12

4

 

 

$9.99

$10.87

$11.24

5

 

 

$10.14

$10.99

$11.36

6

 

 

$10.27

$11.11

$11.50

7

 

 

$10.39

$11.22

$11.62

8

 

 

$10.53

$11.36

$11.74

9

 

 

$10.72

$11.54

$11.93

10

 

 

$10.93

$11.72

$12.13

11

 

 

$11.10

$11.92

$12.33

12

 

 

$11.30

$12.08

$12.50

13

 

 

$11.50

$12.27

$12.69

14

 

 

$11.75

$12.52

$12.94

15

 

 

$12.02

$12.77

$13.20

16

 

 

$12.36

$13.06

$13.52

19

 

 

$13.32

$13.99

$14.47

1A

 

 

$12.75

$13.44

$13.89

1C

 

 

$17.69

$17.72

$18.33

1D

 

 

$15.29

$16.01

$16.55

1E

 

 

$13.79

$14.59

$15.09

1G

 

 

$20.61

$21.08

$21.08

20

 

 

$13.66

$14.27

$14.77

22

 

 

$14.83

$15.38

$15.92

2F

 

 

$18.60

$18.25

$18.88

 3A

 

 

$10.17

$11.06

$11.42

3C

 

 

$10.37

$11.26

$11.62

3G

 

 

$10.37

$11.26

$11.62

3H

 

 

$10.14

$11.01

$11.37

3I

 

 

$10.87

$11.76

$12.12

3K

 

 

$18.19

$18.22

$18.83

3P

 

 

$9.87

$10.76

$11.12

4C

 

 

$10.50

$11.37

$11.74

 

Tipped Structure

 

Flat Structure                                                           Progression Structure                                                                          

 

Labor Grade

Flat Rate

 

 

Labor Grade

Max

T-A

$2.50

 

 

T-1

$3.50

T-B

$3.00

 

 

T-2

$4.05

T-C

$3.15

 

 

T-3

$4.25

T-D

$3.50