Amalgamated Transit Union (ATU) Local 107 - City of Hamilton

LETTERS OF UNDERSTANDING
LETTER OF UNDERSTANDING- PERFORMANCE IMPROVEMENT CODE
The parties hereto acknowledge that the City (HSR) have implemented a policy
for dealing with culpable performance problems known as the "Performance
Improvement Code." The parties hereto agree as follows:
(a)
(b)
(c)
(d)
(e)
The said "Code" is being implemented by the City (HSR) and is an
exclusive Employer initiative, pursuant to the right of each City (HSR) to
manage and direct the work force as recognized in the pertinent Collective
Agreement with the Union.
The Amalgamated Transit Union Local 107 has not agreed to the
implementation of same and by this letter of understanding is not agreeing
to the implementation of same.
The parties hereto agree that the said "Code" cannot amend, alter, or
contravene any provision of the pertinent Collective Agreement between
the respective parties hereto.
The City (HSR) expressly acknowledges that the Union is not waiving any
and all possible defenses which it may wish to invoke with respect to any
discipline imposed by the City (HSR) as a result of the application of the
"Code."
The parties hereto expressly acknowledge that the City (HSR) will allege
estoppel on the part of the Union with respect to any disciplinary measure
which the H.S.R. may invoke pursuant to the "Code".
LETTER OF UNDERSTANDING- ALTERNATE SERVICE DELIVERY
(1) ALTERNATE SERVICE DELIVERY (ASD) - BUS OPERATIONS
New Services
A Request for Proposal (RFP) for a private contract for the
provision of unconventional transit service will be prepared by HSR
management.
HSR management will prepare an internal bid for provision of the
service together with the ATU based on:
(a)
Wage - maximum Step 1 Bus Operator rate and a 70-hour
bi-weekly guarantee;
90