AGREEMENT MASSACHUSETTS BAY TRANSPORTATION AUTHORITY. And INDEPENDENT ASSOCIATION OF MBTA PLUMBERS -- LOCAL 69 JULY 1, 2015 JUNE 30, 2019

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1 AGREEMENT MASSACHUSETTS BAY TRANSPORTATION AUTHORITY And INDEPENDENT ASSOCIATION OF MBTA PLUMBERS -- LOCAL 69 JULY 1, 2015 JUNE 30, 2019 MBTA Draft Integrated Agreement January 22,

2 PREAMBLE This Collective Bargaining Agreement ( Agreement ), first made and entered into on the 19th day of November, 2013, and subsequently amended, the most recent on the 16 th day of October, 2015, by and between the MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, a body politic and corporate and political sub-division of the Commonwealth of Massachusetts, established by Chapter 161A of the General Laws of the Commonwealth of Massachusetts (the Authority ), and the INDEPENDENT ASSOCIATION OF MBTA PLUMBERS UNION - LOCAL 69 ( IAMPU Local 69 or Union ) (collectively, the Parties ). The purpose and intent of this Agreement is to promote harmonious relations between the Authority and the Union. In consideration of the mutual covenants contained herein, the Parties agree as follows: ARTICLE 1 Union Recognition The Authority recognizes the IAMPU-Local 69 as the exclusive collective bargaining representative for all employees in the bargaining unit as certified by the Massachusetts Department of Labor Relations in its Amended Certification of Representatives dated March 17, 2011 in CR (Attachment A). Consistent with M.G.L. c. 161A, as amended, the Authority agrees to meet and treat with the duly accredited officers of the Union upon all questions arising between the Parties. Should any differences arise between them which cannot be mutually resolved, the same shall be submitted at the request of either party to arbitration in accordance with the terms of this Agreement and to the extent allowed by law. In consideration of such arbitration procedure, the parties agree that the employees represented by the Union shall not engage in, induce or encourage any strike, work stoppage, slowdown or withholding of services. In the event that any controversy shall result, or threaten to result, in any strike, work stoppage, slowdown, or any other interference with the business of the Authority, the employees covered by this Agreement shall continue to report to duty, to remain at their posts, and to discharge the duties assigned to them in a regular manner. ARTICLE 2 Term of Agreement Unless specifically stated otherwise, all terms of this Agreement shall be effectivefrom July 1, 2015 through June 30, Either of the Parties hereto desiring a change in any section of this Agreement shall notify the other Party, in writing, that it desires a change at least 60 days prior to the end of the term of the Agreement. Such notification shall include, in writing, all specific changes desired of either Party. MBTA Draft Integrated Agreement January 22,

3 In the event that the Parties are unable to reach an agreement as to any proposed changes to this Agreement within the time frame specified by M.G.L. c. 161A, either Party may notify the other that it desires mediation. The procedures specified in M.G.L. c. 161A shall govern mediation. In the event that the parties are unable to reach a successor agreement through mediation as required by M.G.L. c. 161A, either Party may notify the other that it desires to arbitrate the dispute. ARTICLE 3 Management Rights In accordance with M.G.L. c. 161A, as amended, the Authority has the exclusive right to set its own policies, to manage its business in light of experience, good business judgment and changing conditions, which shall include the right to determine the amount of service to be run at any and all times, to direct the workforce, to determine the number of employees at any time, to determine the qualifications for all its employees, to ascribe duties to all its employee classifications, to select its managerial workforce and all new employees, to make reasonable rules and regulations governing the operation of its business and the conduct of its employees, to enforce such rules and regulations through discipline for violations thereof or other misconduct, including without limit the right to suspend and/or discharge its employees for sufficient cause. ARTICLE 4 Membership in the Union Section 1. Union Dues All employees in the bargaining unit on the effective date of this Agreement, and all Probationary Employees on or after said date, upon completion of their probationary period, shall either become and remain members of the Union, or pay an agency fee as a condition precedent to continued employment with the Authority. The Union agrees to receive into its membership all such employees who may be eligible therefore according to the laws of the Union. The Union will notify each new employee in writing no later than 45 days following the employee s date of hire that such employee, as a condition of employment, must either join the Union or pay an agency fee by the end of 90 days from the employee s date of hire. At the end of 90 days from an employee s date of hire period, employees shall either: (1) join the Union and make arrangements for payment of union dues, fees and assessments by direct payment to the Union or by payroll deduction; or (2) make arrangement for payment of agency fees by direct payment to the Union or payroll deduction. The union shall forward to the Authority the original signed copy of all new employees authorizations for payroll deductions for union dues and assessments or agency fees. In no event shall the agency fee exceed the amount of union dues and assessments. Any employee who fails to maintain membership in the Union to the extent of paying regular Union initiation fees, dues and assessments or an agency fee shall not be retained in the employ of the MBTA Draft Integrated Agreement January 22,

4 Authority, provided that the Union shall have given written notice to the Authority and to such employee of such failure and such employee shall have failed to comply with the provisions of this Article within 90 days after receipt of such notice. In those instances wherein the Union requests the Authority to take disciplinary action against a member for failing to pay Union dues, fees, agency fees, or otherwise to enforce the terms of this Article, the Union shall fully indemnify, defend and hold harmless the Authority, its officers, agents and employees, against all loss, suits, claims, or liability, including but not limited to expenses, damages and attorney fees, for or on account of any loss incurred as a result of action taken by the Authority at the Union s request. Any dispute between the Union and the employees required to pay an agency fee by the provisions of this Article concerning the amount of the agency fee and/or the responsibilities of the Union to such employees with respect to such fee shall not be subject to the grievance and arbitration procedures set forth in this Agreement. Section 2. Probationary Employees All new employees hired to fill jobs covered by the bargaining unit shall be Probationary Employees for the first 120 days actually worked. During this 120 working day probationary period, the Authority may, in its discretion, dismiss, lay off or transfer such probationary employees whether with or without cause, and no grievance shall be filed or claimed on behalf of such employees by the Union for or on account of any action taken by the Authority during said 120 day period. All other provisions of this Agreement shall apply to Probationary Employees to the extent specified herein. ARTICLE 5 No Discrimination The Authority and the Union share a firm belief that a harmonious and productive workplace is enhanced through policies and practices which encourage non-discrimination and equal employment opportunities for all persons. To that end, the Parties agree that neither shall discriminate against any employee on the basis of race, color, religious creed, national origin, genetic information, ancestry, sex, gender identity, sexual orientation, transgender, marital status, age, disability and/or veteran status of any individual. The Parties further agree to abide by the Authority s Affirmative Action and Equal Opportunity Plans, including any amendment(s) thereto to the extent that such amendment(s) are not inconsistent, or in conflict, with the terms of this Agreement. The Parties further agree that an employee governed by this Agreement who chooses to pursue any claims arising under Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information Non-discrimination MBTA Draft Integrated Agreement January 22,

5 Act, the Civil Rights Act, and/or any discrimination claims arising under any similar local, state or federal rules, statutes and/or regulations ( discrimination claims ) shall do so in accordance with this Article. The employee may, at his or her election, pursue such discrimination claims either: (1) through the grievance and arbitration procedure; or (2) through any other forum available at law, including, but not limited to, any state or federal court action and/or any state or federal fair employment practices administrative agency. Once an employee has pursued in any forum a particular discrimination claim, or related claim, and the discrimination claim is heard on the merits or found to be untimely or dismissed due to other procedural or substantive defects, such forum shall be the sole and exclusive forum for such claim. Arbitrators shall apply appropriate applicable law in rendering decisions regarding discrimination claims. It is the intent of the Parties to prevent, through this Article, unnecessary litigation of disputes in multiple forums and to encourage the consolidation of proceedings into a single forum. ARTICLE 6 Work Apparel Section 1. Work Clothes The Authority shall provide one hooded winter jacket every other year for employees who are required to work outside. If, due to wear and tear caused by working conditions, an employee requires a replacement jacket annually, such employee must surrender the old jacket in order to receive a new one. Section 2. Work Shoes Employees in classifications required by working conditions to wear safety boots or safety shoes shall be reimbursed by the Authority for the purchase of such footwear for up to $ annually upon presentment of proof of purchase (e.g., an original receipt). Section 3. Safety Glasses Employees in classifications required by working conditions to wear safety prescription eyeglasses shall be furnished one pair of such eyeglasses at the Authority s expense every two years up to the amount of $ This provision shall be effective upon the date of signing of this Agreement for purchases after that time upon submission of proof of purchase (e.g., an original receipt). The Authority s expense is limited to the cost of the safety prescription eyeglasses only (i.e., eye examinations are not included) which are not otherwise available to the employee under a health insurance program. To the extent that an employee s health insurance covers any portion of the cost, the Authority s expense is limited to the difference between the cost of the glasses and that portion covered by the health plan up to the total allowed. MBTA Draft Integrated Agreement January 22,

6 ARTICLE 7 Work Week and Work Hours Forty hours shall constitute a week s work. The starting and finishing time of employees in any classification who regularly work an eight hour shift shall be determined by the Authority. The hours which constitute a day s work shall include five minutes before lunch as clean-up time. Night crews may be organized from employees in any classification for miscellaneous maintenance or construction work. The hours of such crew shall be scheduled to meet the requirements for performance of the work. Eight hours shall constitute a night s work on the third shift for which eight hours at flat-time rate will be paid. See also, Differentials and Special Conditions in Article 8, below. ARTICLE 8 Wage Rates Section 1. Wage Rates The basic hourly wage rate schedule is in Attachment B (Wage Table). All wage rates for employees of the Authority covered by this Agreement shall be subject to the following progressive wage system: Plumber 1st year 75% of top hourly rate Plumber 2nd year 80% of top hourly rate Plumber 3rd year 85% of top hourly rate Plumber 4th year 90% of top hourly rate Plumber 5th year 95% of top hourly rate Plumber Top Rate 100% of top hourly rate The rates of wages to be paid by the Authority hereunder are to be based on wages which may be established for a 40 hour week and shall not be based on any increase in the hourly wage rates due to any reduction in the number of hours of work in a week. Any wage increases will be applied to the hourly rate and rounded to the nearest whole cent. Section 2. Differentials/Special Conditions A $1.50 per hour premium shall be paid to those employees for each hour worked on a scheduled third shift. This differential applies to regular shift workers who complete the said scheduled eight hour shift at flat rate. ARTICLE 9 Overtime Except as otherwise provided herein, time and one-half shall be paid for work performed in excess of 40 hours per week. An employee who actually works on the second of his two days off in the same work week, having already actually worked on the first day off in that work week, shall be paid for such work on his second day off at not less than twice the applicable rate of pay. MBTA Draft Integrated Agreement January 22,

7 ARTICLE 10 Emergency Work In the event of an emergency during regular working hours, all personnel will work on whatever type of work the management designates. Emergency shall be defined as any danger to the safety of life and/or property. ARTICLE 11 Holidays The following holidays shall be recognized as Paid Holidays: New Year s Day, Memorial Day Columbus Day Martin Luther King Day Bunker Hill Day Veteran s Day President s Day Independence Day Thanksgiving Day Patriot s Day Labor Day Christmas Day The Authority shall have the right to determine the number of employees required to work on each of these Paid Holidays. Employees who are off on said Paid Holidays shall receive holiday pay allowance of eight hours at straight-time rate, provided they shall not have been absent from their scheduled duties the day preceding and the day following such holiday. Employees who work on said Paid Holidays shall be paid for their scheduled work at straighttime rate and shall also receive the holiday pay allowance of eight hours at straight-time rate, provided they shall not have been absent from their scheduled duties the day preceding and the day following such holiday. Section 1. follows: Vacation Allowance ARTICLE 12 Vacations In each calendar year, employees covered by this Agreement shall be granted vacations as Those employees with service of at least Who, during the preceding calendar year worked at least Vacation and pay at the flat rate of their classification for 1 year 180 working days 1 week 2 years 180 working days 2 weeks 2 years 85 working days 1 week 5 years 180 working days 3 weeks 5 years 135 working days 2 weeks 5 years 85 working days 1 week 10 years 180 working days 4 weeks 10 years 135 working days 3 weeks 10 years 85 working days 2 weeks 10 years 75 working days 1 week 20 years 180 working days 5 weeks MBTA Draft Integrated Agreement January 22,

8 Those employees with service of at least Who, during the preceding calendar year worked at least Vacation and pay at the flat rate of their classification for 20 years 160 working days 4 weeks 20 years 135 working days 3 weeks 20 years 85 working days 2 weeks 20 years 75 working days 1 week 31 years 180 working days 6 weeks 31 years 160 working days 5 weeks 31 years 135 working days 4 weeks 31 years 105 working days 3 weeks 31 years 85 working days 2 weeks 31 years 75 working days 1 week In the event of termination because of death, the right to payment for accrued but unused vacation leave inures to the estate of the deceased employee. Vacations shall be assigned at the discretion of the Authority at such time during the year as can, in its judgment, be best arranged without detriment to the service. Employees who were injured while on duty and received workers compensation for time lost on account of such injury shall not have time lost on account of the original injury during one year from date of the original injury count against them in determining their eligibility for a vacation, provided the employee returns to work during the year next following the year of injury. If an employee who qualifies for a vacation is unable to work for more than two consecutive weeks due to illness and the Authority is satisfied that he will be able to return to work during the current calendar year, he may be allowed to take his vacation during his period of illness. If a recognized Paid Holiday occurs during an employee s vacation period, he/she shall receive an extra day s pay. Vacation allowance shall be paid in the amount of the flat hourly rate of the regular classification in which the employee is carried on the payroll of the Authority prior to vacation. Vacation Pay Advances are not allowed under any circumstances, nor will employees be allowed to carry over any unused vacation into the next calendar year. Section 2. Vacation Cash Out Bargaining unit members who are eligible for three or more weeks of vacation may be allowed the opportunity to sell back one week (five consecutive days) of vacation for the equivalent cash value. Any employee choosing to sell back vacation will receive the appropriate additional pay prior to the expiration of the calendar year for which the option was elected. The Authority will determine each year whether the cash out option will be available and will notify employees on or before July 1 st of each year. MBTA Draft Integrated Agreement January 22,

9 Section 3. Single Vacation Days Bargaining unit members who have two weeks of vacation entitlement may elect to use up to one week of vacation in single day increments. Bargaining unit members who are eligible for four or more weeks of vacation shall have the opportunity to select two weeks of their vacation allotment in single day increments, subject to the following restrictions: (a) Single vacation days may be taken with one week prior notice to, and approval by, the appropriate supervisor. (b) Single vacation days must be taken in full day increments; no fractional days will be allowed. (c) Employees who have unused single days remaining on October 1 st of any calendar year must select their remaining single days at that time. Employees who fail to select remaining single days will be assigned vacation days by their supervisor. Further, it is expressly understood and agreed that the Authority shall retain the right to promulgate reasonable rules and procedures regarding single day vacation selections and the methods of covering work left vacant by such selections. ARTICLE 13 Other Paid Leave Section 1. Sick Leave: Accrual and Usage Employees of the Authority covered by this Agreement who have at least one year of service shall accrue one day sick leave credit per month worked for a maximum of 12 days per year. Any sick leave earned and unused shall be carried over cumulatively, from year to year, without limitation. If an employee is off the payroll for two or more shifts in any calendar month, that employee shall not receive any sick leave accrual for that month. The first working day of each illness shall be excluded from sick leave usage for employees with less than five years of service with the Authority. Employees with five or more years of service with the Authority may request from the Authority s Sick Leave Coordinator first day sick pay benefits on two occasions per year. Any employee applying for sick leave benefits shall furnish an attending physician s certificate on a standard form prescribed by the Authority, such certificate to be supplied on a weekly basis during the period of absence. Employees with at least five years of service and no record of discipline for attendance within the preceding 24 months may use up to 12 days of paid sick leave per calendar year without being subject to discipline provided the following terms and conditions are met: (a) During a calendar year, the employee shall be required to submit satisfactory medical documentation for sick pay after the sixth day of intermittent single-day absences, consecutive days of a continuous absence, or a combination of both; MBTA Draft Integrated Agreement January 22,

10 (b) When required, satisfactory sick leave documentation from a treating physician containing diagnosis, prognosis, treatment, dates of disability, physician signature, printed name and address shall be submitted to Human Resources; (c) Required medical documentation shall be submitted within 10 calendar days of the employee s return to work; If an employee exhibits a pattern of sick leave abuse (e.g., taking sick leave before/after a holiday, engaging in other employment while absent on paid sick leave, etc.), the Authority shall have the right to request medical documentation and may decline to excuse the absence. The employee shall also be subject to discipline to up and including discharge. Sick leave benefits shall be paid to an employee absent due to the excessive use of alcohol or narcotics only if such employee becomes and continues to be an active and cooperative participant in a treatment program that has been approved by the Authority s Employee Assistance Program. Section 2. Sick Leave Bank The parties agree to establish a group sick leave bank for the benefit of bargaining unit members to cushion such employees in the bargaining unit against loss of income due to extended illness. The following provisions shall apply: (1) On odd-numbered years, the Authority shall appoint one representative and the Union shall appoint two representatives to a joint labor/management committee (JLMC or Committee); on even-numbered years the Authority shall appoint two representatives and the Union shall appoint one representative. This JLMC shall oversee the establishment and the administration of the Sick Leave Bank. Neither Party shall have power to veto the other s appointments. (2) The JLMC shall have the power to establish by majority vote reasonable rules, consistent with the provisions contained herein, regarding eligibility, contributions, use and replenishment for the effective operation of the Sick Leave Bank. (3) Enrollment shall be open during the first two weeks of January of each year. (4) Only Authority employees covered by this Collective Bargaining Agreement who are not out of work on a disciplinary suspension may contribute to the Sick Leave Bank. (5) Only those employees who choose to participate in the Sick Leave Bank by donating sick, vacation, or personal leave to the bank and who are not on a disciplinary suspension at the time the application for benefits is made, are eligible to receive benefits from the bank. (6) Members will donate two days at the time of joining and one day each year thereafter to retain their membership. In years when the Committee feels it is appropriate the requirement of a contribution by continuing members may be waived. (7) Once a member joins the Sick Leave Bank, the donated leave will automatically be deducted from the member s accumulated leave during the first week of January each year. (8) In the event that the number of days in the Sick Leave Bank falls below 200 days, the Union shall request that its members replenish the sick leave bank. (9) In the event that the members fail to replenish the Sick Leave Bank the Authority shall not be required to contribute or otherwise fund any days to the bank. MBTA Draft Integrated Agreement January 22,

11 (10) Days donated are non-refundable. (11) Any member withdrawing from the bank due to retirement, resignation, or any other reason will not be eligible to withdraw days donated. These days will remain in the bank. (12) A member may not request withdrawal of time for any illness or disability for which the member receives compensation through a state, federal or private long-term disability plan or benefit, including but not limited to workers compensation. In addition, members who are terminated as a result of discipline or retire from the Authority under the retirement plan or for any other reason are no longer an employee of the Authority, shall not be eligible for sick leave benefits. This Sick Leave Bank shall not be applied in conflict with any other Authority benefit (Family Medical Leave Act, etc.) unless specifically stated herein. (13) A member of the Sick Leave Bank must exhaust his/her own sick leave, vacation, personal, compensatory and any other paid time off before he/she shall become eligible to apply for sick leave bank benefits. (14) Bargaining unit employees who are eligible and who seek to withdraw sick leave from the Sick Leave Bank must make an application to the JLMC on a form to be established by the Committee. (15) The Committee shall review bargaining unit employee applications for sick leave benefits under the rules provided herein governing the Sick Leave Bank. (16) When a request is made for a Union Sick Leave Bank member to receive benefits from the Sick Leave Bank, the committee shall first determine from an established list of members if the employee is eligible for Sick Leave Bank benefits. The Union representatives and the applicant shall ensure that adequate information is supplied to the committee as to why the employee should receive sick leave benefits. (17) The Committee reserves the right to require a physician s statement or other information it deems relevant in response to an appeal for sick leave, and before the granting of possible benefits. (18) The Committee s decision to grant or deny an application for sick leave days will be based on eligibility, medical need, completeness of information, and the overall preservation of the Sick Leave Bank. Medical need is defined as a catastrophic illness or injury as determined on the facts of each application by the Committee. Such determinations must be reasonable and made in good faith. The Committee may require additional information in order to assist in its decision on any application. (19) The decision of the JLMC is final and binding on the applicant and not subject to the contractual grievance and arbitration procedure contained in Article 17. (20) Upon approval of the application, the Committee will forward the necessary information to Payroll, HR, and the applicant s supervisor. (21) Days granted to a member do not have to be returned to the bank; days granted and not used must be returned to the bank. (22) Maximum benefits granted will be specified by the committee, not to exceed 15% of the bank (per individual per incidence) at the time of application for benefits; additional time in excess of 15% of the bank may be granted in emergency situations with the consent of the majority of the Committee. If conditions warrant, the applicant may reapply to the committee for additional days. Benefits will be granted only as long as days remain available in the bank. MBTA Draft Integrated Agreement January 22,

12 Section 3. (23) Benefits will apply only to days on which members would normally have been paid and are paid at the individual s current rate of pay. (24) Employees who retire may contribute the balance of their sick days to the Sick Leave Bank by submitting written notification to the Authority. (25) The Committee shall keep an accounting of all sick leave bank members including a record of individual donations and usage as well as a record of the total sick leave days available through the bank. Bereavement Leave Up to three days leave shall be allowed to each employee covered by this Agreement who has lost time due to death in his immediate family. It is understood that employees shall be entitled to three days of paid leave in addition to the employee s regularly scheduled unpaid days off coincident with the bereavement leave. As used herein, immediate family is limited to mother, father, sister, brother, husband, wife, son, daughter, step-parents, step-children, grandparents, grandchildren, mother-in-law, father-in-law, and any dependent relatives residing with the employee. Section 4. Personal Leave All full-time employees with at least two years of service and having at least 50% of their sick leave bank unused on January 1 of any year will be entitled to one day of paid leave in that calendar year. This day of absence shall be charged to the individual s sick leave bank. At least one week s notice must be given, except in an emergency situation as determined by the employee s supervisor. ARTICLE 14 Retirement Benefits All regular non-probationary employees of the Authority in the classifications of workers covered by this Agreement shall be included as members of the Massachusetts Bay Transportation Authority Retirement Fund under Rules and Regulations adopted by the Board of Trustees of the Metropolitan Transit Authority on July 13, 1948, as amended. Contribution rates are set by the Pension Agreement negotiated with Local 589. ARTICLE 15 Health, Accident and Life Insurance Benefits The parties rights and obligations are governed by Chapter 25 of the Acts of 2009 and its amendments. Additionally, all active employees of the Authority in the classifications of workers covered by the Agreement, and retirees, shall be eligible to receive supplemental, non-duplicative benefits through the Transit Employees Health and Welfare Fund Agreement and Declaration of Trust pursuant to the terms of that Health and Welfare Fund Agreement. MBTA Draft Integrated Agreement January 22,

13 ARTICLE 16 Special Project Personnel An employee hired for a specific duration or for a special project shall not be considered a permanent MBTA employee and will not be a member of the Local 69 bargaining unit. The SPP employee will receive the base hourly rate of pay of MBTA employees working in the classification to which he/she is assigned. The Authority shall not be required to pay the SPP employee any fringe benefits except holiday pay after 30 days actually worked and the SPP will not be a member of the MBTA Pension Fund. The SPP employee is not subject to any of the provisions of this Agreement, including but not limited to, the just cause and grievance/arbitration provisions. The SPP employee may be dismissed from the project at the sole discretion of the Authority without recourse to the grievance and arbitration procedure. The SPP employee will not accrue seniority at the MBTA. However if, at any time, an SPP is hired as a regular full-time employee at the Authority without a break in service, the period of SPP employment will be credited for purposes of sick leave and vacation but not for seniority or pension matters. ARTICLE 17 Grievance Procedure An employee will not be discharged or otherwise disciplined, nor will entries be made on said employee s service record without sufficient cause. In each case where, when disciplinary action, or when entries on an employee s service record, are being contemplated, the employee will be given a written statement of the precise charges. Such written statement will be furnished to the employee prior to any entries on the employee s service record, except in those cases where it is necessary in the instances of safety or good management practice to take immediate remedial action. Any grievance, dispute or difference arising under the terms of this Agreement and involving the employees covered by this Agreement shall be filed in writing and shall include: (1) a clear statement of the grievance; (2) a reference to the specific provision or provisions of this Agreement allegedly violated; and (3) the specific remedy requested. Grievances must be filed by the Union within 15 calendar days from the date of the occurrence or event giving rise to the grievance and shall be subject to the procedure outlined herein. An earnest effort should first be made to settle any complaint (grievance) informally and personally between the aggrieved employee and the foreman (the shop steward may be present at this meeting upon the employee s request). A written grievance, however, must be filed within 15 calendars days of the date of occurrence in order to be timely and such requirement is not satisfied by informal meeting. Step 1: A union representative shall discuss the grievance with the employee s supervisor within five working days of the date of the grievance. The supervisor will give a written response within five working days from the date of this meeting. In the event MBTA Draft Integrated Agreement January 22,

14 Step 2: Step 3: Step 4: that there is no resolution of the grievance at Step 1, the Union may process the grievance to Step 2, provided it appeals in writing to Step 2 within 10 days of the receipt of the decision in Step 1. At this level the grievance shall be presented by the Union to the department head or his/her designee at a conference which shall be scheduled no later than 10 days following the receipt by the department head of the Step 2 grievance. The Authority representative will render a decision in writing no later than 10 days following the date of the conference. In the event that there is no resolution of the grievance, the Union may process the grievance to Step 3 within 10 days of the receipt of the decision in Step 2. If no agreement is reached at Step 2, the grievance may be processed to the Director of Labor Relations or designated representative. A grievance filed at Step 3 must be filed within 10 working days of the Step 2 determination. The Director of Labor Relations or his/her designee shall issue a determination within 30 days of the grievance hearing. If no agreement is reached at Step 3, the grievance may be processed to arbitration. Notice of the submission shall be in writing and filed with the Director of Labor Relation within 20 working days of the Step 3 decision. The parties shall mutually agree upon an arbitrator or, if unable to agree, either party may request a list of arbitrators from the American Arbitration Association. The parties shall meet within 10 working days from the date of receipt of the list from the American Arbitration Association to strike names until one name remains, who will be the arbitrator. The arbitrator shall have jurisdiction solely over the issue presented and shall have no authority to alter, amend or modify this Agreement in any way. The arbitrator s award shall be final and binding on the parties insofar as permitted by law. The fees and expenses of the arbitrator and any related administrative fees of the AAA shall be shared equally by the Authority and the Union. Should an Authority representative fail to make a determination within the time period prescribed, then the union may process the grievance to the next step in the grievance procedure. The term days as used in the steps of the grievance procedure shall mean calendar days. ARTICLE 18 Jury Duty An employee required to perform jury duty during a regular workday shall be granted leave of absence with pay to serve as a juror, such pay to be the same rate as if he had worked in accordance with his regular work schedule for such day, less any amount paid such employee for jury duty on such day. The Authority may request documentation verifying the employee s juror service. ARTICLE 19 Free Transportation Employees who are members of the Union, upon the completion of their probationary period, will be given free transportation over the lines owned and operated by the Authority upon the presentation of a pass issued by the Authority. A deposit may be required for the pass, and the pass is for the sole and exclusive use of the employee and may not be used by others. Employees are required to turn in such passes upon separation from employment. MBTA Draft Integrated Agreement January 22,

15 ARTICLE 20 Savings Clause In the event that one or more terms of this Agreement is rendered or declared invalid by reason of any existing or subsequently enacted legislation, the remaining portions shall continue in full force and effect; provided, however, upon such invalidation, the representatives of the parties signatory hereto agree to immediately meet to renegotiate such part or portions affected, if required. ARTICLE 21 Conformance to Existing Laws This Agreement is expressly subject to General Laws Chapter 161A, as amended by Chapter 25 of the Acts of 2009, and/or any laws previously or hereinafter enacted which affect the interpretation or application of this Agreement. IN WITNESS WHEREOF, the MASSACHUSETTS BAY TRANSPORTATION AUTHORITY has caused these presents to be signed in its name and behalf by its duly authorized representative(s), and the INDEPENDENT ASSOCIATION OF MBTA PLUMBERS LOCAL 69 has caused these presents to be signed in its name and behalf by its duly authorized business representative, this day of, MASSACHUSETTS BAY TRANSPORTATION AUTHORITY Approved by: Frank DePaola General Manager Kimberly Brooks Poirier Director of Labor Relations Approved as to form: John Englander General Counsel for MassDOT and the MBTA MBTA Draft Integrated Agreement January 22,

16 INDEPENDENT ASSOCIATION OF MBTA PLUMBERS, LOCAL 69 Robert M. Cuddy, Jr. President Richard Harrington Vice President Ralph Demarco Business Manager/Business Agent Mark Bradley Steward MBTA Draft Integrated Agreement January 22,