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1 BL Contract Collection Metadata Header Thi contract i provided by the Martin P. Catherwood Library, ILR chool, Cornell Univerity. The information provided i for noncommercial educational ue only. ome variation from the original paper document may have occurred during the digitization proce, and ome appendice or table may be abent. ubequent change, reviion, and correction may apply to thi document. For more information about the BL Contract Collection, ee Or contact u: Catherwood Library, Ive Hall, Cornell Univerity, Ithaca, NY ilrref@cornell.edu Contract Databae Metadata Element (for a gloary of the element ee - Title: Oahu Tranit ervice Inc. and Hawaii Teamter & Allied Worker Local 996 (2003) K#: 032 Employer Name: Oahu Tranit ervice Inc. Location: HI Oahu Union: Hawaii Teamter & Allied Worker Local: 996 IC: 4111 ector: P Effective Date: 07/01/03 Number of Page: 64 NAIC: Number of Worker: 1200 Expiration Date: 06/30/08 Other Year Available: Y For additional reearch information and aitance, pleae viit the Reearch page of the Catherwood webite - For additional information on the ILR chool,

2 Jun 1G 04 Opz-AZpl Hawaii T eamte n L. 996 i 8 Q p. 2 r*~ f. "^ i. * cw^t LETTER OF UNDERTANDING It i the intent of the Partie to enter into a collective bargaining agreement covering Operating and. Maintenance employee and Office and Adminitrative employee that preerve the preent level of wage and benefit et forth in the collective bargaining agreement covering July 1, 2000, to June 30, 2003 (hereinafter "CBA"). The Partie further intend to incorporate into the collective bargaining agreement other language agreed to regarding term and condition of employment. The- Partie enter into thir agreement to end the trike. Tbe-Partie, therefore, agree a follow: 1. AH term and condition of the CBA, including all letter of undertanding covering operating and maintenance employee and office and adminitrative employee, excluive of contract duration, halj be continued in the new collective bargaining agreement covering thee employee. The collective bargaining agreement hall be effective a of July 1, 2003, and hall expire at midnight June" a, LAYOFF: There hail be no layoff for the term of the collective bargaining agreement. Thi proviion regarding layoff hall unet and have no force and effect a of TV9 p.m.. June 30,2GQ8. b, FLEXIBLE VACATION DAY: Union to review the Company' propoal c, RETIREMENT AND LAYOFF CREDIT: New ection (union " language) >«>. d. EARLY RETIREMENT HEALTH (BRIDGE INURANCE) [new ection]: O The Company agree to pay 100% of the medical premium for exiting employee who elect early retirement under the Wetern Conference of Teamter PEER84 program. To be eligible for thi benefit, the employee mut: 1) qualify for PEER 84; 2} be employed by. the Company at the time of eparation; 3) be at leat 9V4 at the time of eparation. It i anticipated that the Hawaii Teamter Health and Welfare Plan trutee will allow early retiree to participate irt the medical plan covering active employee and at the ame cot. In the event that the Trutee do not approve early retiree participation at the ame cot, the Company and the Union wil) reconvene to dicu alternative meaure for fully funding "bridge" health inurance for PEER84 qualified employee eeking early retirement. In the event that early retiree health inurance exceed the cot-of-heaith inurance for active employee, the Company wifl pay up to the cot of-health inurance premium in effect for active employee. The "bridge" inurance program hall terminate when the employee attain age 62 at which time the DW^^J ; 1 ///o3 - <* ho/ 0^r

3 Jun :42p Hawaii Teamter L. 996 (808) p. 3 employee will tranition into the upplemental Health Plan for retired employee and poue per ection 28, e. OBJECTIVE POINT RATING YTEM: The partie hall bargain in good faith to arrive at language regarding an objective point rating ytem. f. ACCIDENT POLICY: The Union accept the Company' propoal, The Partie agree to a wage and penion Increae a follow: July 1, 20O3 to-june 30; 200 July 1, 200; to Dec Jan. 1, 2006, ta June 30, 2006 July 1, 2006, to Dec Jan. 1, 2007, to June 30, 2007 July 1, 2007, to Dec. 31, 2007 Jan. 1, 2008, to June 30, 2008 Wage /.3 Pepior; All cot item are ubject to the budgetary proce a provided by law. 4. No employee who ha participated in the trike hall be diciplined in any manner for participating in the trike. No employee will be dicriminated againt for participating or not participating in the trike.. The Employer hall contribute to the upplemental Medical Retirement Plan to additional amount: July 1, 2004 July 1, 200 July-*, 2006 July per hour.0 per hour.0 per hour.10 per hour 6. There hah be no cutback of any benefit for any exiting employee during the term of the collective bargaining agreement. 7. All employee hired after ratification hall be ubject to the following wage progreion chedule. -2-

4 P Hawaii Teter L. 996 ( 8 08) p. 4 Entry Level After firt year After econd year After fourth year Afjer fifth year Afier ixth year 64% of top rate 70% of lop rate 76% of top rate 82% of top rate 88% of top rale 94% of top rale Top rate Thi proviion hall unet a of 11:9 p.m., June 30, 2008, at which time all new hire hall be ubject to the general wage progreion chedule in effect on June 30, The Union agree to waive and withdraw any claim, charge, or caue of action the Union may have ariing out of or in relation to the labor dipute. The Partie undertand that the Union cannot, and bythi agreement, doe not waive or withdraw any claim, charge, or caue of action that an individual employee may have againt the Employer, 9. The Company will make a Health and Welfare premium contribution for the month of eptember 2003 for any employee with one (1) or more compenable hour() earned during the month of eptember It i undertood that thi proviion applie for eptember 2003 only. AGREED: Union: Employer: </yhmfkh Ufefom. Date. 4{2f 1/%\fo4-3-

5 Jun 1G 04 02:43p Haiuaii Teamter L. 936 (808) Oahu Tranit ervice, Inc. alary and Wage cale Exhibit "A" 7/1/2003 to 6/30/2006" 7/1/2006 1/1/2007 7/1/ZQC7 1/1/2008 General acro the. board increae Alt employee hired after ratification hall be ubjected to the following wage progreion chedule: After firt year After econd year After fourth year After fifth year Alterixth year and thereafter 64% of top rate 70% of top rate 76% of lop rate 82% of top rate 88% of top rate 94% of top rate top rate Thi wage progreion hall unet a of 11:9 p.m. June at which time all new hire hall be ubject to the general wage progreion chedule in effect on June 30, 2003 below: After firt year After econd year After fourth year After fifth year and thereafter 7/+/2003 to 6/30/2006 7/1/2006 1/1/2007 "7/1/2007 1/1/200& Tranportation Department Central Radio Controller Temporary.Radio Controller 4, , t , , , , , Road upervior Road upervior (firt ix month) Temp. Radio upervior , , , J , , , , , ;9fifl37 4, , , Intructor Intructor (firt ix month) Temporary. Intructor , , , , , , , , , Dipatcher Dipatcher (firt ix month) Temp. Dipatcher 3, , , , , , , , , , , , % of top rate 76% ot top rave 82% of top rate 88% or top rate 94% of top rate top rate- -33-

6 Jun :43p Hauiaii Teamter L 996 (008) p.6 Oahu Tranit ervice, Inc. alary and wage cale Exhibit "A" 7/1/2003 to G/30/2006 7/1/2006 1/1/2007 7/1/2007 1/1/2008 Bu Operator After firl year After econd year After fourth, year After fifth year, and thereafter (Hired on or before 9/28/03) IB.O , T Bu Operator Entry, level After firt year After econd year Alter mini year After fourth year After fifth year After ixtn year and thereafter (Hired after 9/28/03) Q i i i i t J i i! i Vehicle Maintenance Department Lead Tire upv. (hired before 7/1/97} Lead Tire Mechanic (hired on or after 7/1/97) Lead Mechanic * , * , Heavy Equipment Mechanic After firt year After econd year After four yeer and thereafter " (Hired on or berore 9/28/03) Heavy Equipment Mechanic After firt year After econd year After fourth year After fifth year After ixth year and thereafter (Hired after 9/23/03) * * , % B Vault Puller Technician * Vault Pulter T

7 Jun :44p Hauiaii Teamter- L. 99 (808) P.7 Oahu Tranit ervice. Inc. alary and Wage cale Exhibit "A" 7/1/2003 to 6/30/2006 7/1/2006 1/1/2007 7/1/2007 1/1/2008 econd Cla Mechanic team Cto aner Entry, level After fut year After econd year After fourth year After fifth year and thereafter (Hired on or be fore I/28/03) 17, , team Cleaner. After firt year After econd year After fourth year After fifth year After ixtrfyear end thereafter [Hired after 9/28/03) * i.aa * Mechanic Helper Entry fevel After firt year After econd year After fourth year After fifth year and thereafter (Hired pn or before 9/28/03) * % , t&, Mechanic Helper After firt year After econd year Arter fourth year After fifth year After ixth year and thereafter (Hired after 9/28/03) t Q ia.i i8.ag B * * ervice Attendant After firt year After econd year After fourth year After fifth year and thereafter (Hired on or before 9/28/03) 13, , "19,0 16,

8 :44p Hawaii Teamter L. 996 (808) Oahu Tranit ervice, Inc. alary and wage cale Exhibit "A" 7/1/2003 to 6/30/2006 7/ 1/2006 * 1/1/2007 7/1/2067 1/1/2003 ervice Attendant (Hired after 9/28/03) Attar firt, year After econd year After tnird year After fourth year After fifth year. After ixth yea/ and thereafter I % % I * , X J & 1X & * * PLANT MAINTENANCE Lead Tradeperon Journeymen Tradeperon After fir; year After econd year After Ihid year After fourth year After fifth year and. thereafter IH tred on or before 9/28/03) V Journeymen Tradeperon After firt year After econd year Arter fourth year After fifth year After ixth year and thereafter (Hired after 9/28/03) * * * J econd Cla Trade Trade Helper After firt year After econd year After fourth year After fifth year and thereafter (Hired on or before 9/28/03} J :08 " ""

9 Jun 1G 04 02:44p Hawaii Teamter L. 996 ( p.9 Oahu Tranit ervice, Inc. alary and Wage cale Exhibit "A" 7/1/2003 to 6/30/2006 7/1/2006 1/1/2007 7/1/2007 1/1/2008 Trade Helper After firt year After econd year After fourth year After fifth year After ixth year and thereafter (Hired after 9/28/03) T 64 19! , , Utility Worker After firt year After econd year. After fourth year After fifth year and thereafter (Hired on or before 9/28/03) * T.90 Utility Worker After firt year After econd year After fourth year After fifth year After ixth year and thereafter (Hired after 9/20/03) * T ,

10 Jun :44p Hawaii Teamter L ) p. 10 Oahu Tranit ervice. Inc. alary and Wage cale Exhibit "A" 7/1/2003 Co 6/30/2004 7/1/2008 1/1/2007 7/1/2007 1/1/2008 TOREROOM torekeeper ll-tep II torekeeper It-tep.! 3, , , * 3, , , > a.64 torekeeper After firt year After econd year After fourth year After fifth year and tneiedfter (Hired on or before 9/28/03) 2, , , J 3, ,86.4 3, , , , , torekeeper After firt year After econd year After touith year After fifth year After ixth year and thereafter (Hired after 9/28/03) 2,19:17 2, , , , ?.3 2, v B6, , , ,24.84 * , ,27.9 3, , , , , 11 3, , , ,38.1 2,60,93 2,763: , , ,73.04 In recognition of length of ervice, an additional Ten Cent (0,10) per hour will be paid after five () year of ervice. For every five () additional year of ervice, an additional Ten Cent (0.10) will be paid, uch amount to be cumulative. The longevity increae hall be made a follow: 8(h year _ 11th year 16th year 21t year 26th year 31t year 36lh year 41t year 46th year Per Hour O Per Month B6.O TOTAL P.10

11 »> L, 97.=' ^ ^ PILE ci n AGREEMENT ^ 4 - I, I / T THI AGREEMENT made and entered into by and between Oahu Tranit ervice, Inc., it ucceor and aign, hereinafter called the "Company" and the Hawaii Teamter & Allied Worker, Local 996, it ucceor and aign, hereinafter called the "Union", reolve all matter and ubject of collective bargaining for the term hereof. ection 1 Employee Covered. ection 1.1 Thi Agreement hall cover all employee of the Company contained in the bargaining unit a determined by the National Labor Relation Board in Cae 37-RC-31 and 37-RC-12; namely, all operating and maintenance employee, upervior, dipatcher, intructor, and working foremen,'excluding, however, the chief tranportation upervior, chief dipatcher, chief intructor, confidential employee, profeional employee, guard, uperintendent or department head and their aitant, upervior a defined in ection 2 (11) of the National Labor Relation Act, a amended, and other employee covered by other collective bargaining Agreement. 1.2 Non Bargaining Unit Peronnel. In the adminitration of thi Agreement, the Company will endeavor to promote the utilization of peronnel covered under thi Agreement, in the performance of work ordinarily, hitorically, and cutomarily performed by bargaining unit employee. Non bargaining unit peronnel wilt not generally perform bargaining unit work except in emergency ituation, where uch action i taken to promote afety or avoid damage, and/or injury, or where uch dutie are incidental to the performance of a upervior' uual dutie. ection 2 Union Recognition. 2.1 The Company fully recognize a provided by law the right of the employee covered by thi Agreement and recognize the Union a the ole and excluive collective bargaining agent for all of the employee covered by thi Agreement. 2.2 The Company further recognize the right and obligation of adminiter thi Agreement on behalf of all covered employee. 2.3 The Company recognize the right of the Union to be preent at the adjutment of any grievance ariing under thi Agreement. The Company hall notify the Union promptly of any grievance filed in writing or at tep 2 of the grievance procedure in any event and hall provide an opportunity for a Union oberver to be preent at the adjutment of aid grievance. *% lh\u - tfajioo*

12 2.4 The Company agree thai it will give each new employee in the bargaining unit a copy of thi Agreement together with a tatement calling the attention of each new employee to the fact that Local 936, Hawaii Teamter & Allied Worker, ha been legally recognized a the ole collective bargaining agent for all employee in the bargaining unit. ection 3 Union ecurity. 3.1 A a condition of employment, after thirty (30) day from the effective date of thi Agreement or after thirty (30) day from the date an employee i hired, whichever i later, all employee covered by thi Agreement hall be required to become and remain member of the Union in good tanding. 3.2 If an employee fail or refue to pay or tender due to the Union by the 10th day of each month and the Union notifie the Employer in writing of uch failure or refual, then uch employee hall be dicharged unle the due are paid within ten (10) calendar day after the Employer receive the notice. ection 4 Notification. 4.1 The Company will notify the Union of all hiring, termination from the payroll and promotion, together with the reaon for any termination. ection Non-Dicrimination & Equal Employment Opportunity..1 The partie agree that all employee will be free of unlawful harament, dicrimination, or illegal employment practice. In accordance with the policie of the Company and of the Union, it i agreed that neither party will dicriminate againt any employee on the bai of any tatu or factor protected by tate of Hawaii, or Federal Law, a amended..2 Accommodation of Employee with Diabilitie. Notwithtanding the eniority proviion of thi Agreement, it i the intention of the Company and the Union that employee who becaue of a diability are unable to handle their regular work to advantage will be given preference a to uch work, if available, a they are able to do and hall carry their full accumulated eniority to the new job. The wage, hour, term, and condition of employment of uch employee hall be dicued and agreed upon by the Company and the Union, ubject to ection 16 New or Changed Job. 2

13 ection 6 Bulletin Board. 6.1 The Company will provide ix (6) bulletin board conveniently located for the excluive ue of the Union, including one in each locker room of the garage and hop department. 6.2 The Union hall not put any document on uch bulletin board containing currilou language or language derogatory to the Company or it employee. ection 7 Deduction from Wage. 7.1 The Company agree to deduct from the wage of each of it employee a hall o requet in writing an initiation fee, monthly due, and not more than 2.00 per month a aement, a certified in writing by the Union. Employee deiring to have their union due deducted may voluntarily ign the proper form, attached hereto, marked Exhibit "B" and made a part of thi Agreement, requeting uch deduction which will, upon filing with the Company, be honored in accordance with it term. uch deduction hall not be made more often than once a month. In requeting deduction for aement, the Union hall retrict uch requet to aement levied on all member of the Union on a uniform bai a an incident of memberhip in the Union. 7.2 In cae any employee doe not have the total amount of any deduction or more due him on any payroll from which deduction are made in repect to other uch employee, the deduction hall be made out of the next payroll from which uch deduction are made and upon which uch employee ha the total amount or more due. It i agreed that authorized deduction for government taxe and for the purpoe of paying indebtedne to the Company, garnihment, and deduction required by law to be made by the Company hall have priority over deduction made for Union due. 7.3 The total amount of any uch deduction hall be promptly tranmitted by the Company to the Union by check drawn to the order of Hawaii Teamter & Allied Worker, Local 996. Upon the iuance of uch check and tranmiion of ame to the Union, all reponibility on the part of the Company hall ceae with repect to any amount o deducted. The Company hall not be bound in any manner to ee to the application of the proceed of any uch check or to invetigate the authority of any deignated officer of aid Union to ign any requet to accept any uch check or to collect the ame. The Union hereby undertake to indemnify and hold blamele the Company from any claim that may be made upon it for or on 3

14 account of any uch deduction for initiation fee, due, or aement from the wage of any employee. ection 8 Continuou and Uninterrupted ervice. 8.1 The partie hereto agree that during the term of thi Agreement, there hall be no lockout by the Company, nor any trike, it-down, refual to work, toppage of work, low-down, retardation of production or picketing of the Company on the part of the Union or it repreentative or on the part of any employee covered by the term of the Agreement. ection 9 Grievance and Grievance Procedure. 9.1 A grievance i hereby defined a a violation or an alleged violation of any of the proviion of thi Agreement on the part of the Company or any of it officer or employee, or in the cae of an individual employee, unjut diciplinary action or improper treatment. A miundertanding of the meaning of any ection of thi Agreement hall alo be conidered a grievance. 9.2 An employee covered by thi Agreement hall have the right to be repreented by the Union before the proper official of the Company, and to produce witnee on the employee' behalf a to the jutice of the dicipline impoed, and iffound correct, uch employee hall be paid uch lot wage a the employee would have received had the employee been permitted to work and hall be reintated to the employee' former poition with full pay, and all detrimental mark pertaining to the alleged offene hall be expunged from the employee' record. 9.3 If a grievance i alleged by an employee or the Union on behalf of the individual employee, the following grievance procedure hall be followed: tep 1. The grievance hall be preented in writing to the Vice Preident of the department affected (or the Vice Preident' deignee) within ten (10} working day of the occurrence of the alleged grievance. Within even (7) working day following receipt of the grievance, the Vice Preident of the department (or Vice Preident' deignee! hall iue a written repone. If the repone of the Vice Preident doe not adjut the grievance to the atifaction of the grievant, and the grievant or the Union deire to proceed further, the grievance hall be proceed in accordance with tep 2. 4

15 9.3.2 tep 2. If the grievance ha not been reolved at tep 1, the Union and/or the grievant hall preent the grievance within five () working day to the Preident of the Company (or the Preident' deignee). Within five () working day following receipt of the grievance, (excluive of aturday, unday, and Holiday) the Preident of the Company (or the Preident' deignee) hall iue a written repone. If the repone of the Preident of the Company doe not adjut the grievance to the atifaction of the grievant, and/or the Union and the grievant or the Union deire to proceed further, a written demand for arbitration may be made in accordance with procedure et forth under tep tep 3. Within ten (10) working day (excluive of aturday, unday, and Holiday) following concluion of tep 2, the grievant or the Union may make a demand for arbitration of the grievance (excluding grievance ubject to timely job ecurity procedure) uch demand mut be preented in writing to the Company, etting forth the ection() of the Agreement involved, and the relief ought. ection 10 Arbitration of Grievance During the period of thi Agreement, Thoma Angelo, Joyce Najita, Loui Zigman, Bonnie.Catrey, Walter Ikeda, Ronald Brown, Thoma Gilon, and Charle Bocken are hereby elected a a panel of arbitrator Within even (7) calendar day following a demand for arbitration, the Company and the Union hall by fax, phone, meeting, or otherwie, alternately trike one (1) name from the panel of arbitrator until one (1) name remain to erve for that cae. The right to trike the firt name hall be determined by the flip of a coin. The Company and/or the Union hall immediately contact the elected arbitrator by facimile or telephone to requet available date to hear the pending matter. In the event the elected arbitrator cannot erve within forty-five (4-) calendar day from notification, the partie hall proceed to elect another arbitrator in accordance with the procedure hereinabove tated. The arbitrator hall have no power to alter, amend, nullify, modify, add to or ubtract from the expre term of thi Agreement The arbitrator i to receive reaonable compenation for ervice performed. The compenation mut be acceptable by the arbitrator, and mutually agreed upon by the everal partie participating in the proceeding. All fee and expene of the arbitrator hall be borne equally by the Union and the Company, provided however, that the arbitrator hall bear all cot of travel, lodging, and meal, if any, and the arbitrator fee hall not

16 exceed one thouand dollar (1,000.00) per hearing day, and twenty-five hundred dollar (2,00.00) in the aggregate for tudy, and writing the opinion and award, abent other mutual Agreement of the partie. Each party to the proceeding hai! bear the expene of the preentation of it own cae, and it hare of other expene The partie will endeavor where poible, to ue expedited ervice of a reputable court reporter ervice which agree to provide copie of the trancript to each party including the arbitrator, within even (7) calendar day of the cloe of hearing, at an aggregate fixed fee not to exceed ix dollar and fifty cent (6.0) per page. In the event expedited court reporter ervice at the fixed fee decribed herein are unavailable for any reaon, either party may elect to ue alternate court reporter ervice. 10. The arbitrator hall make a deciion, which hall be final and binding on all participant, in light of the whole record and hall decide the cae upon the weight of ail ubtantial evidence preented. The deciion and award of the arbitrator hall include finding of fact, and concluion of law. All deciion of the arbitrator hall be in writing and a copy thereof hall be ubmitted to each of the partie. The arbitrator following receipt of pot hearing brief, will normally render, and ditribute the written opinion and award within thirty (30) calendar day If the alleged grievance involve diciplinary action in the nature of aignment to the extra lit, uch diciplinary action hall be tayed by the timely intitution of grievance proceeding and of proceeding before the arbitrator puruant to the term of thi contract Expedited Arbitration The partie by mutual Agreement, may ubmit pending grievance involving minor dicipline, and upenion of le than eleven (11) day to an Expedited Cae Arbitrator who hall promptly convene a hearing under the informal arbitration procedure with the undertanding that there may be multiple cae in a day Each party will preent it cae orally without the preence of legal counel, court reporter ervice, or written pot hearing brief. Witnee may be called by the partie, ubject to forty-eight (48) hour notice to the Arbitrator, or a required by the partie. The Expedited Cae Arbitrator hall ubmit the deciion and the bai for hi/her deciion in writing to the partie within ten (10) working day following cloe of hearing. The written deciion of the Expedited Cae Arbitrator need not comment on the evidence nor et forth a tatement of reaon there for. The 6

17 award' hall be final and binding a to the dipute preent but without precedent a to the adminitration of thi Agreement The Expedited Cae Arbitrator hall be Joyce Najita, the firt alternate hall be Ronald Brown, and the econd alternate hall be Walter lkeda. Thee appointment hall rotate on.each anniverary date of thi Agreement The Expedited Cae Arbitrator hall have the authority to reolve any dipute or iue that i properly before him/her under thi Agreement, except matter that have been referred to Formal Arbitration. The Expedited Cae Arbitrator hall have no power to alter, amend, nullify, modify, add to, or ubtract from the expre term of thi Agreement. ection 11 Management Right Except a limited by the expre term of thi agreement, the Company retain it reidual right, including it right to: a) direct and aign work; b) hire, fire, promote, tranfer employee; c) dicipline employee for jut caue; d) take all proper action appropriate to carry out the buine of the Company. ection 12 Job ecurity Committee !n order to provide job.ecurity, a Job ecurity Committee hall be formed, the committee to be compoed of three (3) member appointed by the Company, and three (3) member appointed by the Union. It hall be the reponibility of thi committee to pa upon all matter pertaining to diciplinary action involving upenion pending dimial of a regular employee Any regular employee who by reaon of diciplinary action i ubject to dicharge, will be upended pending dimial, and will be followed by a thorough review of all pertinent information by the Job ecurity Committee. The Union will be notified in writing a oon a poible when an employee i upended pending dimial. The Union within forty-eight (48) hour (excluive of aturday, unday and Holiday) after receipt of aid notification, will advie the Company of it demand to convene the committee to review the matter. If uch demand i not timely delivered, the Job ecurity Committee procedure hall not be applicable, 7

18 provided that if thi ection 12 i not timely invoked, the matter may be proceed in timely fahion under ection The demand for a meeting of the committee will be accompanied by a written tatement of the individual concerned, requeting that the employee' cae be reviewed by the commjttee and the pecific relief ought Upon receipt of the demand notice, aid committee hall convene at a mutually agreeable time, but in any event, within forty-five (4) calendar day from the time uch notice i received by the Company. If, however, the Union doe not preent thi matter before the Committee within the forty-five (4) calendar day decribed herein, uch matter hall be deemed to be waived. 12. In the event of a deadlock, the Union or the grievant hall be permitted to make a demand for arbitration within even (7) calendar day from the date of the deadlock. Thereafter, the matter hall be controlled by the proviion of ection 10, Arbitration of Grievance A majority deciion of the committee a to dicharge or other diciplinary action hall be final and binding upon all partie Each party to thi Agreement hall pay the expene of it own committee member.' ection 13 Time limitation All time limit are of the eence of thi Agreement. No extenion of time limit hall be binding on either party without the approval and ignature of the Company' Preident and the Preident of the Union or ome other individual authorized in writing to o act In order to enure compliance by both the union and the company to the time limitation et forth in thi agreement, the partie agree that a failure by either party to comply with the time limit in any tep of a grievance proce hall be conidered a waiver of that party' poition in the grievance, and the grievance hall be conidered adjuted in favor of the party that did not fail to o comply with the applicable time limit. ection 14 Diciplinary Record All record of any diciplinary action, including warning, complaint, upenion, and accident hall be removed from an 8

19 employee' peronnel file and hall not be conidered for any purpoe after three (3) year from the date of the incident. ection 1 Wage. 1.1 Attached hereto, marked Exhibit "A," and made a part of thi Agreement i the wage chedule etting forth the wage rate which hall apply for the term of thi Agreement. ection 1 6 New or Changed Job When the employer etablihe a new job claification or ubtantially change the dutie of a exiting poition, it hall provide the Union with the job decription, a tatement of working condition, and the propoed level of compenation. The Union and Company hall negotiate for up to 30 day, and abent Agreement, Union and Company will directly ubmit the matter to formal arbitration. Any Agreement between the partie on any award of an arbitrator hall be retroactive to the date of placement, and placement of the employee hall not be delayed. ection 17 Hour and Overtime All hourly employee hall be paid at one and one-half (1-1/2) their regular traight-time rate for work which i defined hereinafter a overtime provided, however, that under no circumtance will one and onehalf (1-1/2) or premium time of any kind be paid more than once for the ame hour Overtime i hereby defined a follow: For Operator: AM hour worked in exce of eight (8) hour in the twenty-four (24) hour period from 3:00 a.m. to 3:00 a.m., excluiveof mea! period, or all hour worked in exce of forty (40) traight-time hour in one (1) week For Maintenance Employee on the Night hift (between 3:30 p.m. and 7:00 a.m.): All hour worked in exce of eight (8) conecutive hour including a meal period of one-half (1/21 hour' duration or all hour worked in exce of forty (40) traight-time hour in one (1) week For All Other Employee: All hour worked in exce of eight (8) conecutive hour excluive of meal period or all hour worked in exce of forty (40) traight-time hour in one (1) week. 9

20 Ditribution of Overtime: Employee regularly aigned to a claification within the Tranportation Department, hall be offered the firt opportunity to work overtime within their claification before aid overtime i made available to employee temporarily claified in the ame claification Day Off: During the term of thi Agreement, operator will be given two (2) conecutive day off in any even (7) day period during each ign-up. After a new ign-up occur, the day off hall be the day off cheduled on the new ign-up, but any operator who i required by reaon of the new ign-up to work on the ixth (6th) or eventh (7th) conecutive day hall be paid at one and one-half (1-1/2) the employee' regular traight-time rate of pay for all work performed on that day All other employee covered by thi Agreement will be given two (2) conecutive day off in any even-day period. 17. When the Company cancel an hourly employee' cheduled day (or day) off or require uch employee to work on a day (or day} off, the Company will pay time and one-half (1-1/2) for uch time worked, provided uch an employee hall be guaranteed the equivalent of at leat eight (8) hour' pay at the regular rate of pay for the time o worked Upon ubmiion of a written requet, employee will, at the dicretion of the proper Company official, exchange day off without the payment of overtime. ection 18 Holiday The following holiday will be oberved: New Year' Day Martin Luther King Jr. Preident' Day Kuhio Day Good Friday Memorial Day Kamehameha Day Independence Day Day Admiion Day Labor Day Veteran Day Thankgiving Day Chritma Day Election Day (excluding Primary Election) 18.2 Holiday hall, for the purpoe of thi Agreement, be the day on which the above-named day are celebrated by the City and County of Honolulu. 10

21 18.3 If a holiday fall on an employee' noncheduled working day, the next workday become the holiday If a holiday fall during an employee' vacation, the employee hall receive an extra workday off with pay. 18. An hourly employee who would otherwie loe compenation becaue of aid holiday hall receive eight (8) hour' pay at the regular traight-time rate Holiday a lited in thi Agreement will be conidered a day worked for the purpoe of computing weekly overtime. All work performed on hift which tart on aid holiday, whether regular time, overtime, or pread time, hall be compenated for at twice the employee' regular traight-time rate of pay. ection 19 Vacation Employee hired before July 1, 1997, who on or before the firt day of March of any year have completed one (1) year of ervice hall be entitled to twenty-one (21) working day of paid vacation per year with pay computed on the bai of one hundred and ixty-eight (168) hour at their regular traight-time rate of pay. uch employee who on the firt day of March have not completed one year of ervice hall be entitled to one and three-quarter (1-3/4) day paid vacation, computed on the bai of eight (8) hour per day at their regular traight-time rate of pay for every month in the preceding twelve-month period for which compenation i paid. Employee hired on or after July 1, 1997 hall receive vacation pay in accordance with the following chedule: Year Vacation Day uch employee who on the firt day of March have not completed one year of ervice hall be entitled to one and one-fourth (1-1/4) day paid vacation, computed on the bai of eight (8) hour per day at their regular traighttime rate of pay for every month in the preceding twelve-month period for which compenation i paid All employee who have completed thirty year of ervice hall receive twenty-five day of vacation pay per year with pay computed 11

22 on the bai of two hundred (200} hour at their regular traight time rate of pay, for vacation taken after March 1, All employee who are entitled to vacation hall ign for uch vacation on the bai of company eniority prior to March 1 of each year. The Company hall, on a trial bai and conitent with company efficiency, offer employee the option to plit their vacation into two period. In the event the Company i unable to chedule all uch vacation day through the normal vacation ign-up proce due to cheduling difficultie and employee' chedule day off, the Company, at it option, may allow the employee to add the remaining day to the end of a vacation period or pay the employee for vacaton day lot "Continuou ervice" in thi ection refer to uninterrupted employment. All continuou abence, with the exception of military leave and jury duty, of four (4) month or more interrupt employment. The employee' vacation for the year concerned hall be reduced in the proportion that the length of uch leave of abence bear to one (1) year Any employee dropped from the ervice of the Company who ha completed twelve (12) month of continuou ervice or ha completed twelve (12) conecutive month of continuou ervice ince the anniverary of the employee' employment and who ha not had vacation for that year will be given vacation pay. 19. Flexible Vacation Day. Effective for vacation cheduled after March 1, 1997, employee may defer up to four (4) vacation day a flexible vacation. Thee day can be carried over into the next vacation year but no more than four (4) day may be carried over per year. During the year, employee can requet ingle or multiple day off for peronal or family reaon from the deferred vacation day, if any, by ubmitting a pecial vacation requet to the employee upervior at leat one (1) week in advance of the date{) requeted. Vacation requet for peronal or family reaon received le than one (1) week in advance, will be conider emergency vacation, and will be granted for good reaon. ection 20 ick Leave and Accident Compenation When an employee report off ick, the employee hall be on the ick lit until reporting back for work or until uch time a it i determined that the employee' tatu i not correctly that of "ick lit." uch employee mut report back for duty before 11:00 a.m. on the day preceding that on which the employee expect to work. 12

23 20.2 Any employee covered by thi Agreement who ha been in the employ of the Company for at leat ix (6) month and who becaue of accident not covered by the tate of Hawaii worker' compenation law, ickne, or diabilitie caued or contributed to by pregnancy, micarriage, abortion, childbirth and recovery therefrom, i prevented from working will be entitled to twelve (12) working day ick leave with pay computed on the bai of the employee' then current traight time rate of pay. Thereafter, on March 1 of each year, each employee will be entitled to an additional twelve (1 2) day ick leave with pay, for the period March 1 through February 28, except that an employee who ha completed five (1 year of ervice on March 1 of each year hall be entitled to fifteen (1) day ick leave intead of twelve (12) day from the period March 1 though February ick benefit for hourly employee, operator, and mechanic peronnel, hall begin on the firt cheduled work day, except that thoe employee who accumulate more than ix (6) occurrence of abence in the previou 12 month, meaured quarterly, hall have ick leave benefit on the econd cheduled work day that the employee i abent becaue of diability. Quarterly meaurement of abence occurrence hall commence on December 1, Once an employee ha accumulated more than ix {6} occurrence of abence within a twelve (12) month period, the employee will not be eligible for ick pay on the firt day until the next quarterly evaluation how ix (6) or fewer occurrence in the previou rolling twelve (12) month. A ued in thi ection 20, ick leave abence include both paid and unpaid ick day. It i exprely undertood that the ix (6) occurrence in twelve (12) month applie only for the purpoe of a firt day ick leave policy Proration: ick leave credit i accumulated baed on compenable hour earned. Full ick leave credit hall be afforded to all employee who have four (4) month or le of cumulative unpaid abence during the prior 12 month. hould an employee accumulate in exce of four (4) month of unpaid abence in the previou year, ick leave credit hall be reduced in proportion that the length of uch unpaid abence bear to one (1) year Any alaried paid employee covered under thi Agreement hall be excluded from the retriction et forth under ection , and will continue to receive ick leave pay from the firt day of abence. 20. The Company may require that all illnee, when ick leave pay i involved, be atteted to by a certificate from a medical or dental practitioner licenced to practice under the law of the tate of Hawaii, except that the requirement to preent a medical certificate hall be waived 13

24 for abence of le than three day fc employee who have accumulated fewer than four occurrence of abence in the previou twelve-month period, meaured quarterly, effective March 1, Baed upon jut caue, or reaonable upicion, the Company hall have the right to ubject any employee to examination by the company phyician, who may render a medical opinion regarding the phyical condition of any employee at any time. uch examination hall be at the Company' expene Any employee who ubmit a fraudulent ickne report or falifie a report will be rejected for the ickne benefit payment for the period in which payment i being requeted. Where a fraudulent or falified ickne report i made, the employee will be ubject to diciplinary action, up to an including dicharge Employee applying for tatutory TDl benefit mut firt exhaut their regular ick leave benefit Employee with at leat one year' ervice may elect to redeem fifty percent (0%) of their unued annual ick leave allowance. Employee electing to redeem their unued annual leave mut apply to the Company each year on a form provided by the Company. ick leave redeemed may be received in cah or credited to an employee' deferred compenation plan. Annual ick leave not redeemed hall be added to the employee' cumulative allowance. ick leave hall be cumulative from year to year with no maximum Employee on Diability Leave Employee on diability leave will be afforded a non-debited day of ick leave when the period of abence encompae a holiday a defined in ection 18 Holiday, of the current Agreement The Company' abence record will how a continual week of ick leave for the employee, but the employee will be charged only four (4) day (from hi or her ick leave accrual}. Example: Employee report ick for the period July 1 to July. The employee would be charged four (4} day of ick leave from the accrued balance, and one (1} day of Holiday Pay for July If an employee i cheduled to work on a holiday and call in ick for that day, the employee' abence record will be charged ick leave 14

25 and hown a an occurrence; however, no ick leave day will be deducted from the employee' ick leave accrual Employee on an unpaid leave of abence, upenion, TDI, LTDI, or worker'' compenation injury tatu are not covered by the above and hall not receive holiday pay Indutrial Accident An hourly employee injured in the performance of duty while in the employ of the Company hall be entitled to the following compenation: If the diability i permanent, whether total or partial, the employee hall be paid compenation in accordance with Hawaii' Worker' Compenation Act If the diability i temporary, whether total or partial, the employee hall be paid two-third (2/3) of hi/her wage per week with regard for the maximum weekly limitation et forth in the Worker Compenation Act, but the maximum total compenation proviion of aid Act hall be oberved Permanent and temporary worker compenation benefithall not be le than pecified in thi ection and under applicable tate law The Teamter-OT Injured Worker Program The partie agree to etablih the Teamter-OT Injured Worker Program to adminiter the proviion of worker compenation benefit to injured employee. The baic objective of thi program hall be to provide prompt, quality medical care for injured worker, and returning the injured worker to productive work a oon a it i afe and practicable. The Program i alo intended to reduce the obtacle and delay aociated with the preent tate worker compenation ytem, and to reduce the overall cot of worker compenation to the employer without reducing benefit to injured worker The partie agree to engage the ervice of Benefit Plan Conultant and the Center for Labor Education and Reearch a co-conultant to develop the plan and tructure of the Teamter-OT Injured Worker Program. The recommended program mut be approved by both the Preident of the Union and the Preident of Oahu Tranit ervice within 120 day of the ratification of thi labor agreement. The plan mut alo be 1

26 ubmitted to the Director of Labor, tate of Hawaii, for regulatory approval. The final plan mut be approved by the tate and implemented by the partie by January 1, 1998, or thi ection i null and void The partie agree to hare in the profeional expene incurred to et up the Program. The portion of the total expene to be paid by the employer hall be eighty percent (80%) of the total fee; the portion to be paid by the union hall be 20% of total fee. Legal and other profeional fee for reviewing thi Program plan that are commiioned by either party independently hall be borne by the party commiioning the review The co-conultant hall preent their draft propoalf) to the partie within ixty (60) day following the ratification of thi agreement. In the event that dipute between the partie arie regarding the Program plan or ome portion of the plan, uch dipute hall be ubmitted to binding, final offer arbitration by a neutral arbitrator. The partie may agree to an arbitrator, or chooe an arbitrator from the panel of arbitrator pecified in ection The applicable procedure pecified in ection 10 hall apply unle exprely modified by agreement of the partie. The arbitrator' deciion and award hall be iued within thirty (30) day of ubmiion of the matter to the arbitrator The Teamter-OT Injured Worker Program hall be adminitered by a Labor-Management Joint Board which hall conit of three (3) member from the union and three (3) member from the employer. The Joint Board hall have the final authority over Program adminitration and general policy. There hall be etablihed an arbitration or other dipute reolution ytem acceptable to the partie in the event that the Joint Board vote deadlock on matter within it juridiction The partie mutually agree that the Teamter-OT Injured Worker Program hall be in effect for a two-year period, after which time either party may elect to terminate the program. The party electing to terminate hall give notice ninety (90) to ixty (60) day prior to the end of the two-year period, at which time the program will terminate 60 day following the two-year period Upon implementation following approval by the Director of the tate of Hawaii, Department of Labor and Indutrial Relation, the aforeaid program hall uperede the proviion hereof to the extent it may be inconitent therewith. If aid Program i terminated, then any upereded proviion hall again be operative. 16