Union Contract Local 2, OPEIU - WMATA.com

AGREEMENTbetweenWASHINGTON METROPOLITANAREA TRANSIT AUTHORITYandThe office and ProfessionalEmployees International UnionLocal No. 2 AFL-CIOEffective from July 1, 2004throughJune 30, 2008

This document is intended to be an accurate copy of theoriginal agreement referred to. To the best of our abilitywe believe it to be accurate. We do not believe there is anyconflict, but in the event of conflict between this documentand the original signed document, the original is, of course,controlling.

TABLE OF CONTENTSPreamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article I – Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 – Exclusive recognition. . . . . . . . . . . . . . . . . . . . . . . . . . 12 – Bargaining units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 – Definition of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 – (a) Bargaining unit work . . . . . . . . . . . . . . . . . . . . . . 2(b) Cross training . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3(c) Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . 3(d) Limited duration temporary appointments . . . . 45 – New job classifications . . . . . . . . . . . . . . . . . . . . . . . . 4Article II – Union Membership. . . . . . . . . . . . . . . . . . . . . . . . . 41 – Union security for current employees . . . . . . . . . . . . 42 – Union security for bargaining unit transferees. . . . . 53 – Union security for rehired employees . . . . . . . . . . . . 54 – Discharge procedure for employees who failto maintain membership . . . . . . . . . . . . . . . . . . . . . . . 55 – Definition of union membership as financialcore membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 – Local 2 new hire listing . . . . . . . . . . . . . . . . . . . . . . . . 6Article III – Dues Checkoff. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 – Dues deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 – Revocation of dues deduction authorization . . . . . . 63 – Schedule of dues and initiation fees. . . . . . . . . . . . . . 64 – Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6iii

TABLE OF CONTENTSArticle IV – Union Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 – Prohibition on union activity on Authoritypremises or working time . . . . . . . . . . . . . . . . . . . . . . 72 – Shop steward recognition . . . . . . . . . . . . . . . . . . . . . . 73 – Shop steward responsibilities and obligations . . . . . 74 – Bulletin boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 – Leave of absence for union stewards or conventiondelegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 – Leave of absence for union officers . . . . . . . . . . . . . . 87 – Treatment of union leaves of absence . . . . . . . . . . . . 98 – Withholding Authorization . . . . . . . . . . . . . . . . . . . . . 9Article V – Management Rights . . . . . . . . . . . . . . . . . . . . . . . 9Article VI – Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 – Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10(a) Employees entering bargaining unit on orbefore 10/01/86 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10(b) Employees entering bargaining unitafter 10/01/86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10(c) Seniority equalization clause. . . . . . . . . . . . . . . . 102 – Maintenance of seniority lists . . . . . . . . . . . . . . . . . . . 113 – Loss of seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 – Recapture of seniority in lay off . . . . . . . . . . . . . . . . . 115 – Recapture of seniority – other . . . . . . . . . . . . . . . . . 116 – Seniority reciprocity. . . . . . . . . . . . . . . . . . . . . . . . . . . 11Article VII – Promotions and Transfers . . . . . . . . . . . . . . . . 121 – Posting of vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . 122 – Selection criteria for available job positions. . . . . . . 133 – Promotion pay guarantees. . . . . . . . . . . . . . . . . . . . . . 134 – Transfer to the same or lower pay grades . . . . . . . . . 14iv

TABLE OF CONTENTS5 – Notification to unsuccessful job applicants . . . . . . . 146 – Temporary job assignments. . . . . . . . . . . . . . . . . . . . . 147 – Qualifying period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 – Regular and temporary positions . . . . . . . . . . . . . . . 16Article VIII – Layoffs and Recall . . . . . . . . . . . . . . . . . . . . . . 161 – Reduction-in-Force and/or Reorganization . . . . . . . . 162 – Notice of layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 – Criteria for selection of employees affectedby layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 – Bumping procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 175 – Regular and temporary employee displacement . . . 176 – Bumping selection time limit . . . . . . . . . . . . . . . . . . . 187 – Wage rates for employees who transfer into lowerpay grades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 – Recall eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 – Recall procedures and selection criteria . . . . . . . . . . 1810 – Rate of pay due employees following recall . . . . . . . 1911 – Notice of recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1912 – Severance pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2013 – Health insurance benefits for employees on layoff . 2014 – Laid-off Employees provided with officesupport services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2115 – Layoff and Sick Leave Pay(a) Sick leave pay-out. . . . . . . . . . . . . . . . . . . . . . . . . . 21(b) Sick leave reimbursement. . . . . . . . . . . . . . . . . . . 2116 – Shop Steward Lay-off . . . . . . . . . . . . . . . . . . . . . . . . . . 21Article IX – Discipline and Resignation . . . . . . . . . . . . . . . . 221 – Right to discipline, including discharge forjust cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

TABLE OF CONTENTS2 – Probationary periods . . . . . . . . . . . . . . . . . . . . . . . . . . 223 – Notice of discharge to the Union . . . . . . . . . . . . . . . . 234 – Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 – Employee’s right to review the personnel file. . . . . . 23Article X – Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . 231 – Applicable discrimination laws. . . . . . . . . . . . . . . . . . 232 – American Disabilities Act . . . . . . . . . . . . . . . . . . . . . . 24Article XI – Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 – Normal work week . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 – Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25(a) Grades TA-18 and TS-5 and below . . . . . . . . . . . 25(b) Grades TA-19 and TS-6 and above . . . . . . . . . . . 263 – Compensatory time . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 – Shift differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 – Shift selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 – Call-in pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 – Use of personal vehicle . . . . . . . . . . . . . . . . . . . . . . . . 278 – Overtime distribution. . . . . . . . . . . . . . . . . . . . . . . . . . 28(a) Scheduled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28(b) Unscheduled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28(c) Pending relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 – Calculation of paid leaves of absence incomputation of overtime and holiday pay. . . . . . . . . 2910 – On-call responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . 2911 – Split Shifts – Bus Central Control. . . . . . . . . . . . . . . 29Article XII – Wages, Work Definition and Classification. . . 291 – Wage rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 – TS employee annual salary adjustments . . . . . . . . . . 313 – Longevity increases . . . . . . . . . . . . . . . . . . . . . . . . . . . 31vi

TABLE OF CONTENTS4 – Creation of new jobs and job classification . . . . . . . 325 – Right to request review of job classification . . . . . . . 326 – Performing work outside of job classification . . . . . 33Article XIII – Holidays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 – Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33(a) List of holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . 33(b) Holiday notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 – Holiday during annual leave . . . . . . . . . . . . . . . . . . . . 333 – Holiday during leave of absence. . . . . . . . . . . . . . . . . 344 – Eligibility for holiday pay. . . . . . . . . . . . . . . . . . . . . . . 345 – Construction field operations . . . . . . . . . . . . . . . . . . . 34Article XIV – General Leaves of Absence . . . . . . . . . . . . . . . 341 – Leave without pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 – Medical leave without pay. . . . . . . . . . . . . . . . . . . . . . 353 – Maternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 – Educational leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 – Court leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 – Funeral leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 – Military leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 – Administrative leave. . . . . . . . . . . . . . . . . . . . . . . . . . . 38Article XV- Sick Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 – Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 – Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383 – Discretionary advancement. . . . . . . . . . . . . . . . . . . . . 394 – Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 – Disability leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 – Dependent care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 – Sick leave bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40vii

TABLE OF CONTENTSArticle XVI – Annual Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . 401 – Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 – Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 – Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Article XVII – Transfer of Leave. . . . . . . . . . . . . . . . . . . . . . . 421 – Between Union and non-represented positions . . . . 422 – Between TA and TS positions . . . . . . . . . . . . . . . . . . . 423 – Resignation or termination . . . . . . . . . . . . . . . . . . . . . 42Article XVIII – Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 – (a) Health insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 42(b) Dental insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 44(c) Health Benefits Premium Sharing. . . . . . . . . . . . 44(d) Life insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45(e) Long term disability insurance . . . . . . . . . . . . . . 452 – Pre-tax treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 – Cash Bonus for employees who decline insurance . 464 – Health Benefit Premium Gainsharing Credit. . . . . . . 46Article XIX – Pension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461 – Entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462 – Representation on the Board of Trustees . . . . . . . . . 473 – Defined Contribution Plan . . . . . . . . . . . . . . . . . . . . . 474 – Life and health insurance. . . . . . . . . . . . . . . . . . . . . . . 485 – Retirement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48Article XX – Grievance and Arbitration Procedures. . . . . . 521 – Definition of a grievance . . . . . . . . . . . . . . . . . . . . . . . 522 – Grievance against the Authority . . . . . . . . . . . . . . . . . 523 – Grievance against the Union . . . . . . . . . . . . . . . . . . . . 544 – Individual rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555 – Selection of an arbitrator. . . . . . . . . . . . . . . . . . . . . . . 55viii

TABLE OF CONTENTS6 – Arbitral jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . 557 – Contract issue disputes . . . . . . . . . . . . . . . . . . . . . . . . 568 – Expenses of arbitration . . . . . . . . . . . . . . . . . . . . . . . . 56Article XXI – No Strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 – No strike commitment . . . . . . . . . . . . . . . . . . . . . . . . . 562 – Union liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 – Right to discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57Article XXII – Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . 571 – Savings and separability . . . . . . . . . . . . . . . . . . . . . . . 572 – Joint Labor-Management Committee . . . . . . . . . . . . . 583 – Educational assistance. . . . . . . . . . . . . . . . . . . . . . . . . 584 – Uniform allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595 – Transit pass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596 – Copies of the agreement . . . . . . . . . . . . . . . . . . . . . . . 597 – Confidential personnel file data . . . . . . . . . . . . . . . . . 598 – Policy Instruction – Indemnification . . . . . . . . . . . . 609 – Local 2 mail depository . . . . . . . . . . . . . . . . . . . . . . . . 60Article XXIII – Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61AppendicesA – Shop Steward Assignments . . . . . . . . . . . . . . . . . . . . 62B – TA & TS Salary Schedules (effective 06/26/04) . . . . . 63C – TA & TS Salary Schedules (effective 06/25/05) . . . . . 65D – TA & TS Salary Schedules (effective 06/24/06) . . . . . 67E – TA & TS Salary Schedules (effective 12/23/06). . . . . 69F – TA & TS Salary Schedules (effective 06/23/07). . . . . 71G – TA & TS Salary Schedules (effective 12/22/07). . . . . 73H – Insurance Premium Percentage Obligations. . . . . . . 75I – Comprehensive Dental Expense Benefits . . . . . . . . . 76ix

TABLE OF CONTENTSLetters of Understanding1. Health Benefit Plan Analysis . . . . . . . . . . . . . . . . . . . . 792. Article VIII Layoff and Recall Part-Time Employees 803. Commencement of Negotiations for Next Contract 814. Training & Safety Pay Adjustment . . . . . . . . . . . . . . . 825. Article IV, Section 4, Bulletin Boards . . . . . . . . . . . . . 846. Existing Letters of Understanding . . . . . . . . . . . . . . . 857. Meal Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878. Article V – Management Rights PhysicalExaminations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 889. Split Shifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8910. Promotion Pay Guarantees . . . . . . . . . . . . . . . . . . . . . 9011. Annual Evaluations . . . . . . . . . . . . . . . . . . . . . . . . . . . 9112. Article XVIII – Medical Insurance– Cost Containment . . . . . . . . . . . . . . . . . . . . . . . . . . 9213. Article VII – Promotion – AbsenceDuring the Posting Period . . . . . . . . . . . . . . . . . . . . . 9314. Article XI – Hours of Work –Section 5 – Shift Selection . . . . . . . . . . . . . . . . . . . . 9415. Article XI – Hours of Work – Section 8 –Overtime Distribution . . . . . . . . . . . . . . . . . . . . . . . . . 9516. Article XIX – Pension – Section 3 – DeferredCompensation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 9617. Assignment of Employees to Cover for AbsentBargaining Unit Employees . . . . . . . . . . . . . . . . . . . . 9718. Emergency Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9819. Contract Distribution . . . . . . . . . . . . . . . . . . . . . . . . . 9920. Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10021. Eligibility for Awards . . . . . . . . . . . . . . . . . . . . . . . . . . 10122. Flex-time or Alternate Work Schedule(AWS) Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

TABLE OF CONTENTS23. Work At Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10424. Market Adjustment Supplement . . . . . . . . . . . . . . . . . 10525. Medical Leave Without Pay . . . . . . . . . . . . . . . . . . . . 10626. Defined Contribution Plan. . . . . . . . . . . . . . . . . . . . . . 10727. Employee Contribution for Unlimited MentalDisability Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10928. Actual Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . 11129. Article XIX, Section 5(g) . . . . . . . . . . . . . . . . . . . . . . . 11230. Family Medical Leave. . . . . . . . . . . . . . . . . . . . . . . . . . 114xi

AN AGREEMENT BETWEENTHE WASHINGTON METROPOLITAN AREA TRANSITAUTHORITYandTHE OFFICE AND PROFESSIONAL EMPLOYEESINTERNATIONAL UNIONLOCAL NO. 2, AFL-CIOThis Agreement is made and entered into between the WashingtonMetropolitan Area Transit Authority (hereinafter WMATAor Authority) and Office and Professional Employees InternationalUnion, Local No. 2 (hereinafter referred to as the Unionor Local 2).ARTICLE I – RECOGNITION(1) The Authority hereby recognizes the Union as the sole andexclusive bargaining agent for all employees of the Authorityemployed in the bargaining units, hereinafter defined,in all matters pertaining to rates of pay, hours of work andother conditions of employment.(2) The bargaining units covered by this Agreement shallconsist of the Professional Unit and the Technical, Clericaland Administrative Unit. The Authority will quarterlyprovide to the Union a report listing each bargaining unitposition, the classification code, the occupation code, thegrade, and the name of the incumbent in each position andtheir date of hire and seniority date.(3) Definition of terms:(a) “Employee” shall mean, and be construed only asreferring to, an employee of the Authority within thebargaining unit. Unless otherwise noted all referencesto “employee” shall encompass employees

having the appointment status of full-time regular,full-time temporary (not of limited duration) andpart-time regular or temporary (not of limited duration).(b) “Full-time temporary employee” shall mean, and beconstrued only as referring to, a full-time employeeof the Authority who is appointed to a bargainingunit position for an unspecified period of time or aperiod of more than 365 consecutive days.(c) “Part-time employee” shall mean, and be construedonly as referring to a part-time employee of theAuthority within the bargaining unit whose regularhours of work are 30 hours per week or less, andwho is appointed to the position for an unspecifiedperiod of time or a period of more than 365 consecutivedays.(d) “Days”, unless otherwise noted, refer to calendar(e)days.“Years”, unless otherwise noted, refer to calendaryears.(4) (a) No work which is normally or customarily performedby employees within job classifications covered bythis Agreement shall be performed by non-bargainingunit employees, except for cross-training as providedin Subsection 4 (b), or in case of emergencies, orfor purposes of teaching or training bargaining unitpersonnel, or, with respect to non-bargaining unitjob classifications, work traditionally performedas part of the duties of such classifications, or, withrespect to employees covered by any other collectivebargaining agreement, work which is normallyand customarily performed by such employees, or

employees who are appointed to bargaining unit jobclassifications for a specific period of time not toexceed 365 consecutive days. It is agreed that thisparagraph shall not apply to the placement of newjob classifications under section 5. The Authoritymay assign Local 2 work out of bargaining unit to anyother bargaining unit that has a reciprocal agreementcovering Local 2 for purposes of providing alternateemployment to non-Local 2 employees on extendedabsence—i.e., workers compensation, extended sickleave, long term disability (LTD), extended leavewithout pay (LWOP).(b) For cross-training purposes, the Authority may temporarilyassign non-bargaining unit employees to bargainingunit positions in the RAIL Operations ControlCenter and may temporarily assign bargaining unitemployees in the RAIL Operations Control Center todifferent positions, including non-bargaining unit positions.Such cross training may involve instructionin the duties of the training position as well as actualperformance of the job functions of the training position.The Authority may select employees for crosstraining at its discretion on a non-discriminatorybasis. An employee selected for cross training willretain the contractual rights incident to the employee’soriginal position during the cross-training period,provided that the employee’s wage rate during thecross-training period will be governed by Article 7,Section 6. Bargaining unit employees may declinecross-training assignments.(c) Work which is normally or customarily performedby the bargaining unit shall not be subcontracted by

the Authority to any outside source or agency exceptafter consultation with the Union and after reasonableefforts to minimize the impact or necessity ofany layoff. It is agreed that this section shall notapply to existing subcontracting arrangements andtheir renewals or to subcontracting arrangementswhich occasion no layoff of bargaining unit personnel.(d) Full-time and part-time temporary appointments of365 consecutive days or less shall not be covered bythis agreement. Upon the 365 th consecutive day, thetemporary appointee shall be converted to regularappointment status or removed from the bargainingunit position. Extension, reappointment and/ortermination/re-employment actions shall not cause abreak in the 365 consecutive day time frame unlesssaid break is a minimum of 90 consecutive days duration.(5) Whenever new job classifications are created, the Authorityshall provide the Union with a copy of the job descriptionof such classification prior to posting such position.The wage rate for such classification shall be determinedby the procedure agreed upon by the parties in Article XII,Wages, Work Definition and Classification. Any disputebetween the parties concerning the bargaining unit placementof a new job classification shall be subject to thegrievance and arbitration procedures of this Agreement.ARTICLE II – UNION MEMBERSHIP(1) It shall be a condition of employment that all employeescovered by this Agreement shall, on or before the thirtieth

(30 th ) day in a bargaining unit position, become and remainmembers in good standing in the Union.(2) All present employees who are not in the bargaining unitand who, by reason of transfer, promotion, or demotionare assigned to a job within the bargaining unit, shall, asa condition of employment in the position to which transferred,be required to: a) become members of the Unionon or before the 30 th day following their date of transfer;and, b) maintain their Union membership in good standingthereafter.(3) Former employees of the Authority rehired by the Authorityin the same bargaining unit as at the time of their separationshall, as a condition of employment, be requiredto: a) become members of the Union on or before the 30 thday following their date of transfer; and, b) maintain theirUnion membership in good standing thereafter.(4) In the event the Union requests the discharge of an employeefor failure to comply with the provisions of thisArticle, it shall serve written notice on the Authorityrequesting that said employee be discharged effectivewithin two (2) weeks of that notice. The notice shall alsocontain the reasons for discharge. In the event the Unionsubsequently determines that the employee has remediedthe default within this period, the Union will so notify theemployee and the Authority, and the Authority will not berequired to discharge that employee.(5) For the purpose of this Article, payment of the initiationfee on or before the 30 th day of employment, and paymentof the periodic dues required as a condition of retainingmembership in the Union shall constitute membership ingood standing in the Union.

(6) By the fifteenth (15 th ) of each month, the Authority willprovide the Union a list of Local 2 new hires from theprevious month, with their date of hire, seniority date, jobclassification, grade, occupation code and wage rate.ARTICLE III – DUES CHECKOFF(1) The Authority agrees to deduct from the wages of employeeswho voluntarily authorize the Authority to do so on aproperly executed payroll deduction authorization card,Union dues and initiation fees. Such deductions shall bemade from the first paycheck of each month and the fundsdeducted shall be remitted promptly to Local 2 by the Authority.(2) The employee dues deduction authorization may be revokedby providing a written Request for Revocation ofDues Deduction Authorization to the Director of Employeeand Labor Relations (LABR). A copy of the Requestfor Revocation must be provided to the Union by theemployee.The Authorization may be revoked under this procedureduring the following times:(a)Once annually during a ten day period commencingwith the employee’s anniversary date;(b) Following expiration of this collective bargainingagreement.(3) The Union agrees it will promptly furnish to the Authoritya written schedule of the Union dues and initiation fees.The Union also agrees to promptly notify the Authority inwriting of any changes to these amounts.(4) The Union agrees to indemnify the Authority against anyloss or claim which may arise as a result of the Authority’scompliance with this Article or Article II. In addition, the

Union agrees to return to the Authority any erroneous orimproper overpayment made to it.ARTICLE IV – UNION ACTIVITY(1) Except as provided herein, Union activity shall not be conductedby the Union or by employees on the Authority’sproperty or elsewhere on the working time of the employeesparticipating. Authority employees, including shopstewards, may discuss Union activities or grievance mattersduring non-working time, on the Authority’s premisesbut the Union may not hold meetings on the Authority’sproperty unless the Authority has given prior permissionfor such meetings.(2) The Authority shall recognize a Chief Shop Steward, or hisdesignee, and a reasonable number of Shop Stewards. TheUnion shall furnish the Authority with the names and functionalresponsibilities of each of the Union’s designatedStewards. Changes to these assignments shall be providedby the Union to the Authority, in writing, at least two (2)work days prior to the change becoming effective.(3) Stewards shall be authorized to receive and investigategrievances. Such duties shall ordinarily be conducted duringnon-working time and may not interfere with the operationsof the Authority. Such activities may be conductedduring work time, in exceptional cases, where agreeableto the Authority but neither the Steward nor the employeeshall depart their normal job assignment without informingtheir immediate supervisor and disclosing the reasonfor such departure.(4) The Union shall be permitted to post notices concerningofficial Union business on existing Authority bulletinboards. Such notices shall not contain political material.

Notices shall bear the seal of the Union and shall be signedby an officer of the Union or the Chief Shop Steward. Copiesof such notices shall be provided either to the LABRDirector or designee, or the site manager, in advance ofsuch postings.(5) The Authority shall grant a leave of absence without payto up to three (3) employees for the purpose of attendingthe Union convention. The Union must first give the Authoritysixty (60) days advance notice of the selected Conventiondelegates. The Authority will not be entitled todeny the request for Convention leave except in extremecircumstances. In addition, the Authority agrees to granta leave of absence, without pay, not to exceed five (5)days in any twelve (12) month period to Union-appointedStewards for the purpose of attending training activitiesrelating to grievance processing or arbitration. Notice ofa request for Union education leave must be provided atleast two (2) weeks prior to the requested effective date.The Authority may decline to grant the requested leave incases where the employee’s absence will cause substantialinterference with the Authority’s business provided thatemployees who are denied leave under these circumstancesshall be entitled to Union education leave at thenext educational opportunity.(6) The Authority agrees to grant a leave of absence, not toexceed three (3) years, without pay, to any employeewho is selected for a local or international Union positionwhich involves full-time employment. Such employee’sseniority will be frozen upon the date of departure andshall be recaptured in accordance with the provisions setforth in Article VI Seniority, Section 4, effective the date ofreturn, provided the employee notifies the Authority of any

change in status, regarding departure from the employee’sUnion position, within two (2) weeks of the change. Thenotice shall contain a statement by the employee of his/herdesire to return to work, to convert to another category ofleave or to resign from the Authority. All fringe benefitsfor such employees shall be paid for by the Union but suchemployees will be permitted to participate in Authoritysponsoredbenefit plans, or Union-sponsored benefit plans,as mutually agreed between the parties.(7) The Authority agrees to establish “Local 2 leave” to beused by Local 2 shop stewards engaged in Local 2 businessduring work time. Shop stewards on Local 2 leave will bepaid by the Authority at the regular pay rate and Local 2will promptly reimburse the Authority. There will be nochange in current procedures regarding engaging in unionbusiness during working time. Local 2 leave will not countas hours worked for purposes of calculating overtime entitlement.(8) The Authority will withhold political education fund contributionsfrom the second paycheck each month providedthat the employee voluntarily submits a withholding authorizationand that at least five percent (5%) of Union-representedemployees submit such authorizations.ARTICLE V – MANAGEMENT RIGHTSThe management of the Transit Authority and the directionof the workforce is vested solely and exclusively in WMATAand shall not in any way be abridged except by specific restrictionsset forth in this Agreement. The Authority hereby retainsthe sole and exclusive control over any and all matters inherentin the operation, management and administration of the TransitAuthority including, but not limited to: the determination of

the location, relocation or termination of any or all of its operationsor functions; the determination as to whether transit operationsshall be undertaken, performed by Authority personnelor assigned to non-Authority personnel for performance;the direction, instruction and control of employees, includingbut not limited to: the determination of the number and qualificationsof employees to perform work including the physicalqualifications; the maintenance of efficiency of employees;the assignment of work or overtime; the right to hire, layoff,reclassify, promote, demote, transfer, discipline, suspend ordischarge employees in appropriate circumstances; the rightto determine job content and to create new job classifications,consistent with the terms of this Agreement; the right to determinethe hours of work, the work processes, methods, andprocedures to be employed; and the right to make and enforcereasonable rules and regulations; all except as expressly andspecifically limited by the terms of this Agreement.ARTICLE VI – SENIORITY(1) (a) Bargaining unit seniority for employees entering theunit on or before October 1, 1986 shall be determinedby the total length of continuous service with the Authorityfrom the original date of hire by the Authorityor employees acquired from NCTA, DCT, AB&W,WMA and/or WVM from date of hire at such organization,at the time of entry into the unit.(b) Employees entering the bargaining unit after October1, 1986, shall commence to accrue seniority effectivethe first day of employment in a Local 2 representedunit position.(c) All service, full-time regular, part-time regular, fulltimetemporary, part-time temporary, shall be treated10

equally for calculation of seniority, except servicewhich occurred during a limited duration temporaryappointment period. Seniority shall be effective onlyfor the purposes hereinafter specifically referencedin this Agreement. Seniority ties will be resolvedthrough the use of Authority seniority and, if stilltied, through the use of age (older is more senior).(2) The Authority shall prepare and maintain from existingpersonnel records an accurate seniority roster of all employeescovered by this Agreement and shall furnish acopy of this list to the Union upon execution of this Agreement.Four times each year: January, April, October andJuly, the Authority shall furnish the Union with an updatedseniority roster.(3) An employee shall lose all accumulated seniority for oneor more of the following reasons:(a) Voluntary resignation;(b) Discharge for just cause.(4) Employees who are placed on layoff from the Authorityshall continue to maintain accumulated bargaining unitseniority for a period of two (2) years from date of layoff.If such employees return to employment in the bargainingunit, within two (2) years, they shall recapture their accumulatedseniority.(5) Employees who accept WMATA positions outside theLocal 2 bargaining unit shall continue to maintain accumulatedbargaining unit seniority once they depart the bargainingunit. If such employees reenter the unit withoutleaving WMATA employment they shall recapture their accumulatedseniority as of date of departure from the unit.(6) Employees who transfer from this unit to another bargainingunit or from another bargaining unit to this unit will11

e accorded the same seniority credit and accumulationas members of this unit are accorded upon entry into theother unit.ARTICLE VII – PROMOTIONS AND TRANSFERS(1) When vacancies or new jobs occur in positions coveredby this Agreement, notice of such vacancy shall be postedon bulletin boards for a period of at least ten (10) workingdays. Job postings shall include: job title, grade anda description of the duties, responsibilities, necessaryskills required for the position and whether the vacancywill be carried as a regular or temporary appointment status.Employees interested in being considered for postedvacancies shall make an appropriate written applicationto the Office of Human Resources Management and Services(HRMS). The posting and competition requirementsset forth in this article will not apply to positions filledthrough conversion of the senior temporary employee inthe classification to regular status or to positions filledthrough reclassification promotions, reclassification transfers,or reclassification demotions.In the event a vacancy becomes available in a classificationassigned to different locations in the Office ofProcurement and Materials (PRMT), the Authority mayeither transfer a successor to the vacancy or shall circulateamong those employees in the affected classificationa notice of vacancy and provide a reasonable opportunityto request reassignment. If the Authority elects to transferan employee as provided herein, the resulting locationvacancy shall be circulated. Location assignments shall bemade in accordance with expressed location preferences,seniority within the class code within the office, relative12

ability to perform the available work and the needs of theoffice. Only two vacancies in the same chain shall be filledby the circulation process; all succeeding vacancies shallbe subject to the posting process.(2) When filling job vacancies covered by this Agreement, itshall be the intention of the Authority to provide a realisticpreference to interested bargaining unit applicants beforehiring from outside the Authority. HRMS will review allapplications for an available position before awarding thejob. The job shall be awarded to the most senior qualifiedapplicant unless the Authority establishes by legitimatejob related factors that there is a demonstrably superioralternative candidate to the most senior qualified candidate.(3) For purposes of this section, a promotion from outsideof the bargaining unit means an appointment throughthe Authority’s competitive recruitment and selectionprocess where the midpoint of the salary range of the jobto which the employee is entering is at least five percent(5%) greater than the midpoint of the job from which theemployee is leaving. Any employee accepting a promotionunder this procedure shall be advanced to the nextappropriate pay grade which provides a minimum increaseof five percent (5%) over the employee’s current pay rate.The revised pay rate shall be effective with the first day ofthe first payroll period in which the employee is assignedto the duties in the new position. The employee’s anniversarydate shall be adjusted to coincide with the date ofthe promotion. For purposes of this section, “pay grade”and “pay rate” shall include the longevity increase, providedthat an employee who is advanced to the longevity13

increase upon promotion shall not be eligible to receive anadditional longevity increase in that grade.(4) Pay procedures for employees who are transferred, voluntarilyor involuntarily, to the same or a lower graded jobshall be as follows:TA Salary Schedule – the employee’s new pay rate willbe the step at the new grade closest to but no lower thanthe employee’s current rate or the maximum rate for thenew grade, whichever is less.TS Salary Schedule – the employee’s new pay rate willbe the employee’s current pay rate or the maximum ratefor the new grade, whichever is less.(5) Within five (5) working days of the award of a position,HRMS shall notify the Union of the name of the applicantselected. Each candidate who applied for the positionwho was not selected shall be notified promptly, in writing,that the applicant was not selected. Upon request, aHRMS representative shall meet with any unsuccessful applicantto discuss the reasons for their non-selection andprovide counseling as to how the employee may qualifyfor future promotions.(6) Temporary Job Assignments. The Authority shall have thediscretion to select and appoint employees in an “acting”capacity to temporarily fill vacant positions. Acting appointmentsmust be confirmed in writing or by e-mail onor before the effective date of appointment. Employeesduly appointed to an acting capacity in a higher level positionfor no less than ten (10) days shall be entitled to receiveeither the wage rate of the employee being replacedor the employee’s current wage plus five percent (5%),whichever is less, provided no employee shall receive areduced wage by operation of this provision and provided14

that the wage rate will be no less than Step 1 of the Local2 salary for that grade. The revised wage rate shall be retroactivelyeffective to the first day on which the employeeis assigned to the duties of the temporary job assignment.Acting appointments shall not normally exceed a periodof six (6) consecutive months provided that appointmentsmay be extended in appropriate cases for specific durationnot to exceed an additional ninety (90) days.Employees in an acting capacity will be eligible fortheir normal salary increase on the employee’s regular anniversarydate.(7) Any employee accepting an appointment to an acting orregular position shall be provided up to thirty (30) workingdays to demonstrate ability to perform the new work.If, in the sole discretion of the Authority, the employeedoes not perform satisfactorily during the qualifying period,the employee shall be returned to the position thatthe employee held immediately prior to the appointment.During the qualifying period, the employee, at his sole option,may elect to return to the position held prior to theappointment, without prejudice.In either case, the transitional appointment shall bedeemed void and the employee shall be restored to thepay rate and anniversary date as if he had not accepted theappointment.The Authority and an employee may extend this qualifyingperiod to a total of ninety (90) working days bymutual written agreement; copies of this agreement shallbe provided to Local 2, the Office of Employee and LaborRelations (LABR), and each affected office. During suchextension, the Authority may return the employee to the15

prior position and the employee may elect to return to theprior position.(8) Regular employees will be eligible to bid on vacancies intemporary positions. If a regular employee is awardedthe job, the employee will retain regular employee status.Temporary employees will be eligible to bid on bothregular and temporary vacancies. If a temporary employeeis awarded a regular job, the employee’s status willbe changed to regular.ARTICLE VIII – LAYOFFS AND RECALL(1) The Authority will meet with Local 2 at least sixty (60)days before the effective date of a reduction-in-force or reorganizationimpacting Local 2 positions to provide detailsregarding the RIF or reorganization.(2) If the Authority determines to reduce the workforce coveredby this Agreement, the procedures written belowshall be used. Notices of any layoffs shall be given to theUnion at least sixty (60) days in advance of the date proposedfor layoff. Each RIF-designated employee, includingdisplaced employees, will receive at least five (5) days’notice prior to the effective date of the RIF.(3) Upon issuance of notice of an impending layoff, all job vacanciesor new jobs occurring at positions covered by thisagreement, shall be reviewed for impact on the reductionin force or opportunity for displacement prior to beingposted in accordance with Article VII.In cases of layoff, the least senior employee in an affectedclassification shall be designated for layoff, exceptthe parties recognize that in the case of reimbursableprojects or in some classifications and some work assignmentswithin a classification, because of the specific train-16

ing and experience required, layoff on the basis of strictseniority may not be feasible. The Authority shall have theburden of establishing the applicability of the exception,but in such cases the person designated for layoff shall bedetermined by (a) seniority and (b) ability to perform thework. Where factor (b), as determined in the judgment ofthe employer by legitimate job related factors, is approximatelyequal among candidates, seniority shall govern. Itis the intent of the parties that the maximum protection ofseniority rights shall be afforded in all layoff matters whereverfeasible.(4) Any employee so laid off may displace another employeewith the least seniority in the same or lower labor grade inany bargaining unit classification, provided that the bumpingemployee has the qualifications to satisfactorily performthe job competently and efficiently and has greaterseniority.An employee who is displaced as a result of such proceduremay displace another employee through the sameprocedure.(5) Temporary employees shall have the same displacementrights as regular employees.A regular employee affected by a reduction in force willbe permitted to displace a temporary employee. If a regularemployee displaces a temporary employee, the regularemployee will retain regular employee status.Part-time employees may displace only other part-timeemployees under section 4, above. A part-time employeemay not displace a full-time employee.A full-time employee affected by a reduction in forcewill be permitted to displace a part-time employee. If a17

full-time employee displaces a part-time employee, thefull-time employee will assume part-time employee status.(6) In the process of bumping during layoff, the Authority andthe Union agree where possible to minimize the number ofmoves so as not to impede the operation of the Authority.The parties agree that employees shall not delay in selectingamong positions for displacement in lieu of layoff.Employees shall have five (5) working days within whichto select from the available position(s); employees failingto select an available position within five (5) working days,shall be assigned to the position. Employees declining theassigned position(s), shall move to the end of the seniorityselection order.(7) Any employee so affected who transfers into a lower paygrade will be paid according to the provisions of ArticleVII, Section 4, provided that for an employee receiving alongevity increase, the longevity increase will be includedin determining the employee’s current pay rate and theemployee’s new pay rate may include the longevity increasefor the new grade.(8) The Authority shall maintain a “recall list” of employeeswho have been laid off. Employees laid off shall be entitledto remain on this list for two (2) years. This sectiondoes not apply to temporary employees with less than ten(10) years of service. Temporary employees with ten (10)or more years of service shall be carried on the “recalllist,” and the provisions of Article VIII, sections (9), (10),(11), (12) and (13) shall apply to them as well.(9) The Authority shall circulate among employees on the recalllist a listing of job vacancies. The Authority shall nothire from the open labor market while there are employeeson the recall list who are ready, willing and able to be18

e-employed, and who are qualified to perform the dutiesin the position(s) for which hiring is being contemplated.The immediately previous occupant of the available position,who was either laid off or bumped into a lower ratedposition to avoid layoff, shall be selected for an availablevacancy. If the prior occupant is not interested or available,and there are candidates for an available positionboth from the recall list and active employees, the mostqualified candidate shall receive the job. If the Authoritydeems that two or more applicants are equally qualified,the employee on recall shall receive the job. If two ormore active employees are the most qualified applicants,seniority shall govern the selection. This section does notapply to temporary employees.(10) Employees restored to service shall receive the rate of paydue the position they occupy including increases whichare applied to the job classification during the period theywere on the recall list. This section does not apply to temporaryemployees.(11) Notices of job awards shall be sent by registered mail tothe last known address of a laid off employee. Employeeson recall shall be responsible for informing the Authorityof any change in address or other pertinent status.Employees receiving such notices shall respond withinfive (5) work days by informing HRMS of their intentionson returning to work. Employees intending to returnto work shall report within five (5) work days from thisresponse, unless another time period is mutually agreedupon between the employee and the Authority, or standto lose their seniority rights. Employees who reject a jobaward shall forfeit further recall rights. This section doesnot apply to temporary employees.19

(12) Employees who are designated for layoff shall be entitledto severance pay as follows:(a) Employees shall receive two weeks severance payper year of service for each full year with a limitof twenty-six (26) weeks pay. Severance pay shallcease upon the recall of an individual. Any individualwho receives severance pay and is recalled in lessthan two (2) years shall have the option of repayingthe severance pay and having future severance paycomputed from the original date of hire or may retainthe severance pay and use the rehire date to determineany future severance entitlement. Should anemployee elect to use the rehiring date for computationof future severance pay, it shall in no way affectthat employee’s seniority, pension, vacation or anyother rights provided by this Agreement. Severancepayments for full-time and eligible part-time employeesshall be based on the hours in a normal two-weekpay period for such employee (75 hours for L2TA and80 hours for L2TS). Severance payments for eligiblepart-time employees shall be based on their regularlyscheduled hours.The other provisions of subsection (a) shall apply.This section applies to part-time employees with ten(10) or more years of service with the Authority butdoes not apply to part-time employees who have lessthan ten (10) years of service.(13) The Authority agrees to pay its share of health insurancepremiums in order to provide health insurance for laid offregular full-time and eligible part-time employees throughthe end of the second month succeeding the month oflayoff. The employee share of such premium can be de-20

ducted from any applicable severance pay entitlement.Thereafter, the employee, at his/her option and expense,may continue coverage for a period of up to two (2) yearsat WMATA group rates. This section applies to part-timeemployees with ten (10) or more years of service with theAuthority but does not apply to part-time employees whohave less than ten (10) years of service.(14) The Authority will provide reasonable office support servicesfor laid off employees for job search assistance to amaximum of three (3) months following date of layoff toinclude phone, phonemail, desk, word processor, and photocopieraccess.(15) (a) Employees who are designated for layoffshall be paid for all of their accrued but unusedsick leave up to a maximum of thirty (30) days.(b) An employee will have the option of reimbursing theAuthority for sick leave within the first six (6) months ofre-employment and receive credit for any sick leave thatwas paid as part of the severance payments. Sick leavewill be restored to the employee’s balance only if paymentis made. If the employee elects not to pay back the valueof the sick leave, the employee’s sick leave balance willreflect a reduction in the number of days for which theemployee received payment.(16) The parties to this agreement recognize that the role ofShop Stewards is critical to a successful collective bargainingrelationship. Accordingly, in the event of a layoff,the Chief Shop Steward and the Assistant Chief ShopSteward will be the last in the bargaining unit to be laidoff. The Shop Stewards will not be subject to bumping byother bargaining unit employees. The Union will furnish21

the Authority with the names and functional responsibilitiesof each of the Union’s designated stewards.ARTICLE IX – DISCIPLINE AND RESIGNATION(1) Employees shall be subject to disciplinary action, includingdischarge, for just cause provided that the employeeknew or reasonably should have known that his/her conductcould lead to disciplinary action. Where the Authorityhas promulgated written rules, no disciplinary actionmay be taken against an employee unless the rules havebeen provided, in advance, to the Local Union and publishedfor employees subject to them. The Authorityrecognizes that employees have the right to privacy andany adverse action taken against an employee for off-dutyconduct shall take into account the employee’s right toprivacy and the impact of employee misconduct on jobperformance, job site safety, the Authority’s reputation orother legitimate employment related factors.(2) Probationary Period:All newly hired employees will serve a probationary periodof one (1) year from date of hire. The purpose of thisperiod is to assess the employee’s ability to perform thejob responsibilities within the work environment. Thenewly hired employee shall receive a formal performanceplan during their first two (2) weeks of employment, anda formal review within one hundred sixty (160) days oftheir start date. The Authority may, at its option, choose todiscontinue the employment of a probationary employeeat any time during the probationary period. Such discontinuanceshall not be subject to grievance or arbitrationprocesses.22

A representative of Local 2 shall be provided an opportunity(bi-weekly) to meet with Local 2 new hires duringtheir lunch break. Subject to space and scheduling availability,Local 2 may reserve Authority conference roomsfor such meetings.(3) Whenever the Authority determines to discharge an employeefrom employment, a copy of the written dischargeaction shall be provided to the Union.(4) Resignation:Employees intending to resign shall give the Authorityat least two (2) weeks’ advance written notice of theirintention. Such resignations shall be accepted withoutprejudice. Employees who resign without such advancenotice shall forfeit their annual leave as granted under thisAgreement.(5) Upon request, an employee will be entitled to review theirpersonnel file whenever discipline is levied or otherwiseno more than twice annually. Employees will be permitted,on this occasion, to insert in the personnel file anyobjection or rebuttal which the employee has to materialcontained therein. Letters or counseling memos regardingdisciplinary action other than suspension or modifieddischarge shall not form the basis for disciplinary actionfollowing twelve (12) consecutive months of no writtendisciplinary action. A disciplinary suspension or modifieddischarge shall not form the basis for disciplinary actionfor three (3) years following date of issuance, providedthere has been no intervening suspension action.ARTICLE X – NON-DISCRIMINATION(1) The Authority and the Union agree that they each willobserve the employment discrimination laws applicable to23

each entity respectively and that their actions in the negotiationand execution of this Agreement are not intendedin any way to discriminate against any individual in violationof any applicable statute or regulation.(2) Should it become necessary to amend the Agreement tocomply with the legal requirements of Title I of the Americanswith Disabilities Act, the parties will promptly negotiatesuch changes.ARTICLE XI – HOURS OF WORK(1) The normal work week for L2TA full-time employees coveredby this Agreement shall consist of five (5) work days,each consisting of seven and one-half (7.5) hours of actualwork per day, exclusive of an unpaid lunch break of sixty(60) minutes, unless otherwise established by formal alternatework schedule arrangement. The normal work weekfor L2TS full-time employees shall consist of five (5) workdays, each day consisting of eight (8) hours of actual workper day, exclusive of an unpaid lunch break of sixty (60)minutes, unless otherwise established by formal alternatework schedule arrangement. The normal work week forpart-time employees covered by this Agreement shall belimited to thirty (30) hours per week, or less. Part-timeemployees may be scheduled to work either seven andone-half (7.5) or eight (8) hours of actual work per day, asdetermined by their classification, exclusive of an unpaidlunch period unless otherwise established by formal alternatework schedule arrangement. Except as required toaddress emergency situations, all employees covered bythis Agreement shall have two (2) days off in each workweekwhich shall be consecutive. Except as required toaddress emergency situations, work week schedules will24

not be combined to require an uninterrupted schedule ofwork, at straight time rates, exceeding five (5) consecutivedays absent employee approval, provided that the five (5)consecutive day limitation shall not apply during implementationof a new shift pick. If a vacation relief employee’swork week schedule are combined to require an uninterruptedschedule of work exceeding five (5) consecutivedays absent employee approval, the employee will be paidat the overtime rate for the sixth and seventh days whichwill then be considered days off for the purposes of applyingthis section. Subject to the limitations containedin this Agreement, the Authority may establish, change orreschedule: (a) the hours comprising the workweek for allemployees covered by this Agreement, (b) shifts, and (c)alternate work locations, shifts or schedules. The establishmentof alternative work locations, shifts or schedulesfor some employees (such as allowing some employees totelecommute) shall not create any entitlement on part ofother employees.(2) Overtime:(a)Work in excess of the normal work week hours or thenormal work day hours established in the precedingsection shall be paid at the rate of one and one-half(1.5) times the employee’s basic hourly rate, providedthat the employee has been in pay status for all regularhours scheduled for that work week or work day.This overtime premium shall be paid to employees inGrades L2TA-18, L2TS-5 and below. Overtime paymentsunder this section will not be pyramided norwill allowances, benefits, pay premiums or any othercompensation feature be construed to be part of theeligible employee’s “basic hourly rate.” This section25

does not apply to part-time employees unless theywork in excess of the full-time normal work week.(b) Employees in Grades L2TA-19 or L2TS-6 and abovewill not be eligible for additional compensation forhours worked in excess of the normal work day orwork week except as otherwise provided elsewherein this agreement.(3) Compensatory time may be granted to employees belowthe grade of L2TA-19 or L2TS-6 pursuant to agreementbetween the Office Director (or his designee) and the employee.Such compensatory time shall be in lieu of overtimepayment. Compensatory time will be accrued in anamount equal to the appropriate overtime premium, timesthe number of hours of overtime or holiday(s) worked.Employees L2TA-19 and L2TS- 6 and above will accruecompensatory time off on an hour for hour basis for eachhour actually worked. When it is agreed that overtime or aholiday worked will be regarded as compensatory time, itmay be used as requested by the employee and approvedby his supervisor, but may not be used to cover absencesnot approved in advance except in unusual or emergencycases. Unused compensatory time of up to 240 hours as ofDecember 31 of each year will be carried over and any remaininghours shall be paid to the employee in a lump sumby separate check to be issued prior to January 31 of thenext year. At time of separation, unused accrued compensatorytime will be paid at straight time rates consistentwith Article XVII hereof.(4) Any employee whose shift begins between the hours of7:00 p.m. and 4:00 a.m. shall receive a night shift differentialof three percent (3%) per hour for all shift hoursworked. TSDV may establish rotating shifts; any employee26

who works a rotating shift rather than a fixed shift will bepaid the three percent (3%) shift differential for hoursworked regardless of time of day while in rotation status.(5) Shift Selection. Employees working in offices with multipledaily shifts shall be given an opportunity, no lessthan annually, to express their preferences regarding shiftassignment. Every effort shall be made to accommodateexpressed shift preferences. Shift assignments shall bemade in accordance with expressed preferences, seniority,ability to perform the available work and the needs of theaffected office. “Seniority” as used in this Section refers tojob classification seniority. In the event that a reductionin force or reorganization causes an employee to moveto a new job classification performing work substantiallysimilar to the prior job classification, the prior classificationseniority shall continue in the new job.(6) The Authority may “call-in” employees for work outsidetheir regular work schedule. Employees who are called infrom home for work outside their regular work scheduleshall be guaranteed a minimum of two hours pay at doubletime rates. Such employees shall be paid at double timerates for the first four hours worked under this sectionand at time and one-half rates for time worked in excessof four hours. Except for the two-hour call-in guarantee,premium rates shall apply only to work required outsidethe regular schedule. The call-in provisions contained inthis Section shall not apply to work outside the regularwork schedule that is assigned or scheduled in accordancewith the provisions of Section (8).(7) Employees requested by the Office Director, or designee,to use personal vehicles in the performance of Authoritybusiness shall be reimbursed at the then-current Authority27

mileage rate plus tolls and parking fees. Tolls and parkingfees must be substantiated by receipts.(8) Overtime Distribution(a)Overtime which is scheduled or anticipated inadvance shall first be offered to the employee(s)who regularly perform the work in question. If theemployee(s) declines the opportunity, the overtimeshall be offered to all employees who normally performsimilar work in the functional area and bedistributed fairly among the volunteers. If there areno volunteers, the employee normally performing thework in question must perform the work unless hehas a legitimate reason for refusal, in which case theemployee must make every effort to secure a competentsubstitute. The Authority agrees to providenotice for such overtime no later than the precedingwork day.(b) Unscheduled overtime requires continuation of thesame job performed during the regular work daywhich was not anticipated in advance and shall beassigned to the employee performing the job taskduring the regular shift. Such employees must workthe overtime unless they have a legitimate reason forrefusal, in which case the overtime can be assignedto any qualified volunteer.(c)If a relief employee scheduled and expected to reportat the commencement of a shift fails timely to report,the Authority may require the employee performingthe work on the preceding shift to remain on dutypending arrival of the scheduled or alternate reliefemployee.28

(9) For the purpose of computing overtime and for eligibilityto receive holiday pay under Article XIII, time in paystatus shall be considered as time worked provided thatemployees on Workers’ Compensation shall not be entitledto overtime premiums, holiday pay or sick leave accrual.(10) Employees who, in any calendar quarter, are regularly assignedon-call responsibilities (specifically including theobligation to remain within the metropolitan area duringoff-duty hours) and who are so designated by the partiesunder separate cover shall receive, in addition to call-inpay specified in Section 6, one-half personal holiday percalendar quarter.(11) Bus Central Control may establish split shifts. Split shiftemployees will have Saturday and Sunday as off-days.Split shift employees will receive a five percent (5%) differentialfor each hour worked, provided that the differentialwill increase by an additional five percent (5%) for eachspread time hour in excess of ten hours. For example,if spread time is 12 hours, the differential is 15%. Forpurposes of calculating spread differential, 30 minutes orless will be rounded down and 31 minutes or more will berounded up.ARTICLE XII – WAGES, WORK DEFINITION ANDCLASSIFICATION(1) The TA and TS wage schedules effective July 1, 2004, July1, 2005, July 1, 2006, December 31, 2006, July 1, 2007 andDecember 31, 2007 shall be as indicated in Appendices B,C, D, E, F. and G. These wage schedules reflect an adjustmentof 2.3% effective July 1, 2004, 2.3% effective July 1,2005, 2.0% effective July 1, 2006, 1.0% effective December29

31, 2006, 2.0% effective July 1, 2007 and 1.0% effective December31, 2007.The TA and TS wage schedules contained in AppendicesB and C (effective July 1, 2004 and July 1, 2005) areincluded solely for purposes of determining wages payableas of July 1, 2006. Except as otherwise provided in thefourth paragraph of this Section (1) and in Article XIX, thewage schedules contained in Appendices B and C (and the2.3% adjustments as of July 1, 2004 and 2005) shall not betaken into account in computing the amount of any compensationor benefits payable for any period prior to July1, 2006.All wage adjustments shall be made effective with thebeginning of the pay period in which the adjustment falls.Each employee who is classified as an active employeeon the date that the Board of Directors approves the 2004-2008 contract in open session shall be entitled to receivea lump sum payment for FY 2005 and FY 2006. This lumpsum payment reflects the only compensation payable to anemployee for any period prior to July 1, 2006 and shall becalculated as follows:• a lump sum payment equal to 1.5% of the employee’sbase salary on July 1, 2004, as determined underAppendix B (i.e., after taking into account the 2.3%adjustment made to the TA and TS wage scheduleseffective July 1, 2004), plus• a lump sum payment equal to 1.5% of the employee’sbase salary on July 1, 2005, as determined underAppendix C (i.e., after taking into account the 2.3%adjustments made to the TA and TS wage scheduleseffective July 1, 2004 and July 1, 2005).30

Employees will either elect to have all wages directlydeposited into the employee’s account at the bank, creditunion, or similar financial institution that accepts directdeposits of funds from the Authority or the employee willbe issued a debit card to which payroll wages will be depositedby the financial institution handling the Authority’spayroll, in either case, the employee shall receive a biweeklynon-negotiable payroll facsimile check indicatingearnings, deductions, etc., for the pay period. Employeesshall be able to access their debit card funds without feethrough the ATM’s of the financial institution handling theAuthority’s payroll and at retail point of sales terminals.Employees shall furnish the Authority with a written authorization(in such form as the Authority may require)and provide such information as may be requested by theAuthority in order to process an employee’s weekly payrollearnings to either a direct deposit or debit account.Prospective new hire employees entering the bargainingunit after July 1, 2006 will only be offered the directdeposit of payroll checks as set forth above.(2) Employees on the L2TS schedule will receive salary adjustmentsnot less frequently than annually based on objective,non-discriminatory employment related performanceappraisals. In the event the Authority decides to makeL2TS salary adjustments more frequently than once peryear, such adjustments will be made on a non-discriminatorybasis for all covered L2TS employees and, in all cases,will be based on an objective, non-discriminatory, employmentrelated performance appraisal.(3) Longevity: A three (3%) increase shall be accorded to anyemployee who has served a minimum of three (3) years’work performance at the last step of the L2TA salary31

schedule or the maximum rate on the L2TS schedule. Saidlongevity increase shall be incorporated into the employee’sbase salary.(4) The Authority establishes and designs all jobs, job content,classifications, qualifications and assignments of work.In so doing, the Authority will maintain a classificationsystem based on a quantitative methodology which willbe used to compare the relative value of jobs within theorganization. Jobs will be rated and ranked by the Authorityand placed into appropriate salary classification levelsand schedules. Any employee or the Union may reviewthe job descriptions prepared by the Authority and offerinput to make the job description more accurate. The determinationof the appropriate job description rests withthe Office Director and the Director of Human ResourceManagement and Services. The determination for salaryschedule placement is the responsibility of the ClassificationSection of the Office of Human Resource Managementand Services (HRMS).(5) If an employee’s class specification does not accuratelyreflect the employee’s regular job functions, the affectedemployee or the Union may request that the ClassificationSection of the Office of Human Resource Managementand Services confirm the appropriate salary classificationlevel and schedule for such job. The job will be reviewedin accordance with the procedure described in the sectionabove except that a preliminary inquiry may be made intothe reasons for the alleged mis-classification. In the eventHRMS determines that the reasons are insufficient to warrantfurther review, the employee will be so notified andthe inquiry will be terminated. Requests for classificationreview may be submitted once annually. This shall be the32

exclusive process for challenging the classification of anyposition and no grievance may be filed regarding such issuesuntil this process has been exhausted.(6) The Authority may require an employee to perform workoutside of class specification where employee is physicallyunable to perform regular work—i.e., workers compensation,extended sick leave, long term disability (LTD), extendedleave without pay ( LWOP).ARTICLE XIII – HOLIDAYS(1) (a) The Authority shall grant holidays to employees forthe following days: New Year’s Day; Dr. Martin LutherKing, Jr.’s Birthday; Presidential InaugurationDay; Washington’s Birthday; Memorial Day; IndependenceDay; Labor Day; Columbus Day; Veteran’sDay; Thanksgiving Day; Christmas Day and any otherholiday declared as a federal holiday by the UnitedStates Congress.(b) At the beginning of the calendar year the Authorityshall issue a notice to all employees of the exactdates on which these holidays shall occur during theyear. Holidays shall consist of the normal daily hoursof work as determined in Article XI, except parttimeemployees whose holidays shall consist of theirregularly scheduled number of daily hours. Holidayswhich fall on either a Saturday or a Sunday shall bemoved to the closest Friday or Monday.(2) If a designated holiday falls during an employee’s approvedannual leave period, the employee shall be paid forthe holiday but the holiday shall not be charged againstthe employee’s annual leave.33

(3) To be eligible for the holiday pay, an employee must be ina pay status on the regularly scheduled work days beforeand after such holiday, unless engaged in activities encompassedby Article IV, Sections 5 or 7.(4) Overtime eligible employees who are required to workduring a holiday shall be paid at a rate of one and one-halftimes their basic hourly rate for such work or subject tothe agreement of both the Office Director and the affectedemployee, the employee may be provided a subsequentday off, with pay, to be scheduled mutually by the employeeand his supervisor.(5) Full-time temporary employees covered by this Agreementwho are assigned to the construction field operation orwho are assigned directly in support of construction fieldactivities may be required to observe the same holidaysas contractor personnel under the substitution provisionsof Article XIII (4), provided that no full-time temporaryemployees shall be deprived of the number of holidaysspecified in Article XIII (1) by operation of this provision.Any shortfall in the total number of holidays shall be madeup by providing an equivalent number of additional daysoff to be scheduled with the Office Director or pay in lieuof the holiday at the employee’s option.ARTICLE XIV – GENERAL LEAVES OF ABSENCE(1) Leave Without Pay(a)The Authority may, at its discretion, grant an employeeLeave Without Pay (“LWOP”).(b) An employee on LWOP shall continue to be eligiblefor insurance benefits. The employee must pay theemployee contribution routinely required for suchbenefit. If the employee fails timely to pay the em-34

ployee contribution, the Authority may terminate thebenefit.(c) An employee on LWOP does not accrue annual leaveor sick leave.(d) An employee on LWOP shall continue to accrue servicecredit for seniority, anniversary date, and pensionpurposes for the first ninety (90) consecutivedays of LWOP. An employee must return to pay statusfor at least thirty (30) consecutive days to restartthe 90-day clock for these purposes. An employee onLWOP due to workers compensation or Local 2 leavewill continue to receive service credit for pension(e)purposes for the entire LWOP period.An employee on LWOP in excess of ninety (90) daysmust notify HRMS of the employee’s intention toreturn to duty at least two weeks in advance of thereturn to duty date.(f.) An employee on LWOP is entitled to return to theemployee’s former position. If the former positionhas been filled, the employee is entitled to exercisedisplacement rights pursuant to Article VIII providedthat the employee must first attempt to displace intothe employee’s former position.(g)If an employee is laid off while on LWOP, the employee’sArticle VIII displacement rights will be determinedat the time of the layoff, provided that, if theemployee is able to displace, the displacement willnot be effective until the employee returns to duty.(2) Medical Leave Without Pay(a)The Authority shall grant an employee Medical LWOPprovided that the employee has no more than five (5)days accrued sick leave and provided that the ap-35

plication for Medical LWOP is accompanied by adoctor’s certificate stating the reason for the request,the nature of the illness and job impairment, and theprobable date of return.(b) The initial application for Medical LWOP may be forup to ninety (90) days. Medical LWOP may be extendedin 30-day increments to a total of one year ofMedical LWOP. Each extension application must besupported by an updated doctor certificate.(c)An employee on Medical LWOP will be otherwisesubject to the provisions set forth in Paragraph (1)regarding LWOP generally.(3) Maternity LeaveThe Authority shall, upon written request, grant to pregnantemployees a maternity leave of absence under theconditions and procedures permitted to employees seekingleave for any other approved, non-job related, medicalcircumstances.(4) Educational LeaveEmployees may be granted Educational Leave of Absencefor the purpose of improving existing skills or to acquirenew skills which would be of benefit to the Authority. Applicantsfor an educational leave must apply in writing;the application must verify acceptance by the educationalinstitution and must describe the manner in which the requestededucational program would benefit the Authority.Employees provided educational leave shall be entitled toreinstatement pursuant to Section (1) hereof.(5) Court LeaveCourt leave not chargeable against annual leave will begranted to employees who are called for jury duty, bothgrand and petit, or appear as a witness in either a civil or36

criminal case. If an employee is a party in any litigation(or complaining witness in a criminal case), annual leavewill be charged for any absences. However, if the actionarises out of the course of the employee’s duties with theAuthority, court leave will be granted or the employeeshall remain in a working status. Court leave will not begranted to any employee unless the employee turns overall fees, except expense money and/or transportation fees,received for jury duty or witness duty. An employee whois called for jury duty and is otherwise entitled to courtleave shall not be required to report to work on the daysthe employee is on jury duty even though the jury dutydoes not overlap the employee’s normal working hours.(6) Funeral LeaveFuneral Leave, not to exceed three (3) working days, andwithout charge to annual leave or loss of pay, may begranted to an employee upon the death of a spouse, parentof spouse, child, parent, grandparent, brother, sister, stepparent,grandchild, or blood relative living in the home. Inaddition, two (2) days travel time may be granted whenthe employee is required to travel more than one hundredfifty (150) miles to attend the service.(7) Military LeaveMilitary leave is granted to employees for reserve dutyfor up to a maximum annual amount of fifteen (15) dayswithout charge to annual leave or loss of pay. Employeeswho enlist or who are inducted into the Armed Forces ofthe United States shall retain their earned seniority andthe right of returning to active employment at the end oftheir first term of service, in accordance with Section (1)hereof.37

(8) Administrative LeaveEmployees may be granted administrative leave, at thediscretion of the Authority for participation in activitiesaway from the workplace which the Authority deems isof benefit to the Authority, or for other circumstances,not covered by other leave provisions of this Agreement,including weather emergencies or unscheduled federaladministrative days. Administrative leave shall not becharged against annual leave. The Authority shall havediscretion to determine whether administrative leave shallbe with or without pay in appropriate circumstances.ARTICLE XV – SICK LEAVE(1) Full-time employees shall earn sick leave at the rate ofone-half day for each pay period. Part-time employeesshall earn sick leave at the rate of one-half of their normallyscheduled work day hours per pay period. Sickleave is intended to provide for illness or injury and forvisits to doctors and dentists or other licensed health carepractitioners for examination and treatment without lossof income.(2) Sick leave may be taken at the employee’s need. When anemployee is absent from work due to illness or injury, hemust notify his supervisor within two hours of his normalreporting time. The Authority may require sick leave notificationat least one hour before an employee’s regularstart time if: (1) the employee has been given advancenotice of this requirement and (2) the position requirescoverage during the absent employee’s shift. Employeesrequesting sick leave for scheduled health care appointmentsshould notify their supervisor of such anticipatedabsence in advance, and where practicable, three work38

days notice should be provided. Supervisors may requestthat the employee provide a doctor’s certificate if use ofsick leave appears to be excessive or abusive providedthat employees must be notified in advance that a doctor’scertificate will be required for future absences until furthernotice.(3) In cases of extended illness, sick leave may be advancedup to a limit of twenty-six (26) days upon submission ofa statement by the doctor and approval by the Director ofthe Office of Human Resource Management and services.(4) Sick leave may be accumulated in an unlimited amount.Accumulated sick leave may be credited in increments offull months (22 days) toward credited service for pensionpurposes after an employee has attained eligibility for normalretirement.(5) Employees who suffer on the job injuries and who mustmiss time from work because of such injuries will be extendedsick leave from the date of such injury until commencementof Workers Compensation insurance or untileither the WMATA medical officer or the Workers Compensationcarrier determines that the injury is not coveredby Workers Compensation. In lieu of extending sick leave,the Authority may, at its discretion, grant disability leavewithout charge to sick or annual leave. If the employeedoes not have adequate sick leave to cover the period betweeninjury and receipt of insurance, it will be advancedby the Authority. In the event sick leave is advanced underthis section, the employee must reimburse the Authorityfor the advanced sick leave through deductions from accruedsick leave following the employee’s return to workand the Authority may require the employee to reimbursethe Authority from the proceeds of any retroactive Work-39

ers Compensation award. Employees using their own sickleave may replenish it at their discretion.The maximum period of disability leave or sick leaveadvance shall be ninety (90) days for one injury. Exceptfor voluntary use of accrued sick leave, there shall be noduplication of compensation or insurance under this section.All payments of Disability Leave are accepted in lieuof any corresponding Workers Compensation entitlementsand the acceptance of Disability Leave payments shallconstitute a waiver by the receiving employee of any rightshe or she may have against the Authority equivalent to thewaiver resulting from receipt of Workers Compensationbenefits.(6) Employees may use up to two (2) days of sick leave peryear to care for sick dependents living in the employee’shome. For purposes of this Section, “dependents” shallbe limited to their relatives described in Article XIV, Section(8) (6). These days may be accumulated. Use of sickleave to care for sick dependents is subject to the provisionsof Section 2 regarding reporting and documentation.(7) The Parties shall continue a “Sick Leave Bank” into whichemployees may contribute sick leave for the use of participatingemployees, provided that the parties may terminatethe Bank by mutual agreement. The terms for participationin and administration of the Sick Leave Bank shall beestablished in a separate document.ARTICLE XVI – ANNUAL LEAVE(1) All employees of the Authority earn annual leave dependingon length of service. Employees desiring to take leavemust inform their supervisor of their preferred leave daysin advance, at least three (3) work days where practicable.40

The supervisor shall grant employee leave requests exceptfor just and sufficient business reasons. In addition to accruedannual leave, an employee may request, and the OfficeDirector, at his discretion, may grant, annual leave thatwill accrue during the balance of the year.(2) Employees with less than three years of service will earnleave at the rate of thirteen (13) work days a year or onehalfwork day per pay period. Employees with more thanthree (3) but less than fifteen (15) years of service earnannual leave at the rate of twenty-one (21) work days peryear. Employees with more than fifteen (15) years servicewill earn leave at a rate of twenty-seven (27) work daysper year. Part-time employees will earn leave at the ratesspecified above except work days shall be interpreted tomean the equivalent number of normally scheduled dailyhours.(3) Annual leave may be accumulated from year-to-year butno more than thirty (30) days for employees with less thanfifteen (15) years of service and forty-five (45) days foremployees with over fifteen (15) years of service may becarried over from one year to the next. The accumulationof annual leave above these limitations on December 31 ofeach year shall be converted to sick leave. In the eventany annual leave request is denied pursuant to Section(1) and the employee is unable to satisfactorily rescheduleleave, the amount of denied leave shall be added tothe maximum carry-over until used, without conversion,provided that this excess carry over must be taken or convertedduring the next year.41

ARTICLE XVII – TRANSFER OF LEAVE(1) Employees who transfer between union and non-representedpositions at the Authority will be credited withtheir accumulated annual and sick leave and their priorservice credits for future accrual in accordance with theprovisions of this Agreement or any other Agreement applicableto any bargaining unit to which they are transferred.(2) When an employee transfers from a L2TA position to aL2TS position, the employee’s accumulated leave followingthe transfer shall be determined by multiplying theemployee’s accumulated leave hours by 1.07 roundedto the nearest hour. When an employee transfers from aL2TS position to a L2TA position, the employee’s accumulatedleave following the transfer shall be determined bymultiplying the employees accumulated leave hours by .94rounded to the nearest hour.(3) Employees who resign from the Authority or whose employmentis terminated shall be entitled to payment for allaccrued annual leave and compensatory time subject tothe provisions of Article IX, Discipline and Resignation.ARTICLE XVIII – INSURANCE(1) The Authority shall provide the following types of insurancefor each employee (except part-time employees whowork less than ten (10) hours per week) with co-paymentof premiums as follows:(a) Health Insurance -The Authority shall provide achoice between an HMO or the CIGNA Open AccessPlan in effect September 21, 2006 or its equivalent.The percentage of employee premium obligation42

shall be determined in accordance with subsection(c) below and Appendix H. For employees enrolledin the Aetna High Option plan on May 14, 1997, theAuthority will continue to provide the choice of anequivalent to this plan, provided that an employeewho leaves the plan may not re-enroll in the plan andprovided that the employee contribution percentageshall be computed in accordance with subsection (c)below and Appendix H.Except as noted below, coverage shall continue atexisting levels, including the following provisions:1. Second Surgical Opinion2. Pre-Certification Review3. Well Person Physical (not to exceed $400 perphysical) as follows:• 0 – 49 years of age biennially• 50 years of age or more annually4. Hearing ProstheticsThe Medical Insurance provisions under the AetnaHigh Option or its equivalent shall provide:1. Vision Care2. PAP Smear3. Major Medical coverage of hearing prostheticexpense in excess of current benefit.4. A two-hundred dollar ($200) family deductiblewill be calculated on a “rolling” basis wherebyall family members’ covered expenses count towardthe family deductible.This section only summarizes unit health benefits.Complete information will be provided in a Booklet-Certificate at a later date.43

Effective as of the date such change can be implementedby CIGNA (but not earlier than September1, 2006), a new 3-tier prescription drug program willbe implemented in the CIGNA-Open Access Plusproduct with the basic retail pharmacy provision asfollows:1. $5 co-pay for Generic Drugs2. $10 co-pay for Preferred Brand Name Drugs, and3. $20 co-pay for non-Preferred Brand Name DrugsMail order program will provide a 90-day supplyfor two times the 30-day retail pharmacy co-pay.This section only summarizes unit health benefits.Complete information has been provided in a Booklet-Certificateissued to employees.(b) Dental Insurance – All employees subject to thisagreement are eligible to participate in the DentalPlan described in Appendix I. The Authority willpay 50% of premium cost for such Dental coverage.Coverage shall continue at existing levels.Complete information regarding dental coveragewill be contained in a Booklet-Certificate issued toemployees upon request.(c) Health Benefit Premium Sharing. Effective as of thedate such change can be implemented by the Authority’sBenefits Office (but not earlier than September1, 2006), Appendix H shall be revised to provide thatthe full-time employee share of the total premiumcharged will be fifteen percent (15%) for all plan offeringsother than the closed indemnity plan (i.e.,the HMO and CIGNA Open Access Plus plan). Theclosed indemnity plan employee share will be set attwenty percent (20%) for the 1+1 and family options44

and fifteen percent (15%) for the single option. Proportionaladjustments will be made for the employeerates for part-time employees. Starting with the planyear beginning July 1, 2007, seventy-five percent(75%) of any cost increase for any plan offering otherthan the closed indemnity plan shall be paid by theAuthority and twenty-five (25%) shall be paid by employees.(d) Life Insurance – The Authority shall provide for allemployees group life insurance equal to one and onehalf(1.5) of the employee’s base annual salary withminimum coverage established at $30,000. Optionalgroup life insurance (100% employee paid), whichincludes opportunities for coverages of spouses anddependent children, shall be made available accordingto the rates and conditions quoted by the insurer.(e)Long Term Disability – The Authority shall continueto provide the Long Term Disability InsuranceProgram currently in effect or its equivalent,as described in the WMATA LTD booklet, during thisAgreement. Premium costs shall be allocated in accordancewith the ratio now in effect.Coverage shall continue at existing levels andpremium obligation (percentages) including the followingprovisions:1. No two (2) year mental disability limitation2. Monthly benefit cap – $4,000This section only summarizes unit health benefits.Complete information will be provided in a Booklet-Certificate at a later date.(2) Employees may elect pre-tax treatment for employee insurancepremiums. Employees electing such pre-tax treat-45

ment may select one of two options: pre-tax treatment ofall premiums or pre-tax treatment of all premiums exceptlong-term disability premiums.(3) The Authority will pay $1,000 annual cash bonus commencingin the 1994-1995 contract year to each employeewho declines to participate in the Authority’s health insurance.(4) Health Benefit Premium Gainsharing CreditIf (a) the independently generated Customer SatisfactionSurvey Scores randomly produced for the Authoritymatch or exceed the goal of 87% for FY07 for respondentsrating the service provided by the Authority as satisfiedas opposed to neutral or dissatisfied, and (b) the Authorityas satisfied as opposed to neutral or dissatisfied, and(c) the Authority FY07 operating budget surplus exceeds$10,200,000, then the Authority will provide each full-timeemployee participating in a Local 2 Health Plan with acredit of the lesser of $500 or the required employee contributionfor 2008. The credit would be applied to the employeeshare of health benefit premiums for the 2008 planyear (with an equal portion of the credit applied to eachpayroll period for 2008). If the FY07 surplus is between$5,100,000 and $10,200,000, and the above-mentioned goalis met, the credit will be up to $250.ARTICLE XIX – PENSION(1) The Washington Metropolitan Area Transit AuthorityRetirement Plan effective October 1, 1967, as amended,and in effect as of the date of this Agreement, shall bemaintained in full force and effect by the Authority for theduration of this Agreement except as set forth below. ThePlan shall cover only full-time regular employees.46

Said Pension Plan as it applies to members of the bargainingunit covered by this Agreement, shall be subjectto the terms of this Agreement. Plan trustees shall not bepermitted to make any substantive changes in Plan provisionsor in currently effective administrative rules andregulations, affecting the bargaining unit, unless and untilsuch changes are agreed upon (or arbitrated) by the Authorityand the Union.(2) The Authority agrees that the Union may appoint one (1)of the two employee representative trustees to serve onthe Board of Trustees constituted pursuant to the WMATARetirement Plan.(3) The Authority has established a defined contribution plan(“DCP”). The DCP shall apply to all employees hired afterthe effective date of the DCP, to long-term temporaryemployees employed on the effective date of the DCP, andto regular part-time employees employed on the effectivedate of the DCP. Participation in the existing defined benefitRetirement Plan shall be limited to full-time regularemployees hired before the effective date of the DCP. TheDCP has replaced the prior deferred compensation benefitfor long-term temporary employees. The Authority shallcontribute four percent (4%) of base salary to the DCP andshall contribute an additional amount not to exceed 3% ofbase salary to the DCP matching the funds deferred by theemployee under the Authority’s deferred compensationplan. Authority contributions to the DCP shall be subjectto three-year cliff vesting; employees shall receive Authoritydate-of-hire service credit for vesting purposes. Agreementsregarding DCP structure and administration are setforth in a separate Letter of Understanding. Employeesbeing rehired by the Authority shall be placed in the47

WMATA Retirement Plan instead of the DCP if, becauseof their previous WMATA employment, they had at leastone (1) year of credited service in the Retirement Plan andleft WMATA employment having either a deferred vestedbenefit from the Retirement Plan or a greater amount ofcredited service than the period of time that elapsed sincetheir previous WMATA employment.(4) Upon retirement, employees shall be eligible for the life insuranceand health insurance benefits received by retirednon-represented Authority employees. Employees whoparticipate in the DCP will qualify for health and life insurancebenefits upon leaving the Authority, if employee hasat least ten (10) years of service and is at least age sixty(60) at time of retirement, or employee has five years ofservice and is at least age sixty-five (65) at time of retirement.Unpaid sick leave will not constitute Authority servicefor this purpose.(5) The Washington Metropolitan Area Transit Authority RetirementPlan will contain the following provisions:(a)The early retirement reduction factor shall not exceed0.166667% per month approximately 2% peryear) from the earlier of the current Rule of 83 eligibilitydate or age 65, provided the employee must beat least age 55 at retirement.(b) The retirement-through-age-65 benefit supplementwill be provided to all retirees, provided the employeemust be at least age 55 at retirement.(c)The vesting requirement will be five-year cliff vestingfor employees.(d) The cost of living benefit adjustment will be 80% ofCPI-W.48

(e) Pension service credit will be eliminated for timethat an employee is on leave without pay (LWOP)in excess of 90 consecutive days for purposes otherthan workers compensation and Local 2 leave.(f.) The provisions specifying plan participation willaccommodate employees working alternate work(g)schedules.The minimum age for an unreduced retirement benefitunder Rule 83 will be lowered to age fifty-five (55)from age sixty (60).(h) The normal retirement will be determined as follows:(1) For the Participant’s first twenty (20) years ofCredited Service.(a) one and six-tenths percent (1.6%) of theParticipant’s Final Average Earnings, up tothe Participant’s Social Security Breakpointmultiplied by the number of years of CreditedService up to and including 20 years,plus(b) two and one-half percent (2.5%) of the Participant’sFinal Average Earnings greaterthan his Social Security Breakpoint multipliedby the number of years of CreditedService up to and including 20 years, plus,(2) For the Participant’s years of Credited Servicegreater than (20), one and six-tenths percent(1.6%) of the Participant’s Final Average EarningsMultiplied by the number of years of CreditedService greater than 20 years.(i)The changes in (5)(g) and (h) above are contingentupon restructuring of the WMATA Retirement Plan tocreate a separate plan for employees represented by49

Local 2 by transferring the employees represented byLocal 2 to a new plan. The new plan will receive theliabilities for all employees represented by Local 2(current, terminated, vested, retirees, beneficiaries),along with assets equal to the fair market value ofthe Plan assets on the date of transfer times the ratioof the actuarial accrued liability for the employeesrepresented by Local 2 (current, terminated, vested,retirees, beneficiaries) as of the transfer date overthe total actuarial accrued liability under the Planon such date. The asset and liability figures would becomputed by the plan actuary (William M. Mercer,Inc.) Based on (1) the actuarial cost method, factorsand assumptions used in determining plan costsunder the most recent Actuarial Valuation Reportand (2) the terms of the Pension Plan as of the dateof transfer (including the modifications required bythe new collective bargaining agreement). The newplan for employees represented by Local 2 will alsoallow the Authority to use the actuarial surplus in theplan (i.e., the fair market value of plan assets overthe actuarial accrued liability) to pay the Authority’sshare of the cost of ancillary or other benefits (suchas death benefits, disability benefits and retiree medicalbenefits) for the employees represented by Local2 (current, terminated vested, retirees, beneficiaries)to the maximum extent permitted for qualified retirementplans under existing provisions of the InternalRevenue Code) (but including, for this purpose anyextension of the provisions of Section 420 of theInternal Revenue Code) (that is the Authority coulduse surplus plan assets to fund the Authority’s share50

of benefits currently provided outside of the plan byamending the terms of these benefits and the plandocument to provide that such benefits will be providedwithin the confines of the new plan).The new plan will have terms identical to the existingplan (except for any changes necessary to (1) obtain adetermination letter from the Internal Revenue Servicethat the new plan meets the requirements for qualificationunder Section 401(a) of the Internal Revenue Code,and (2) reflect the changes in benefits and other Planprovisions contained in the parties Tentative Agreement,dated 09/15/01, (including, without limitation, those provisionswhich relate to the ability of the Authority to utilizesurplus assets to pay the Authority’s share of benefits foremployees represented by Local 2 – current, terminatedvested, retirees, beneficiaries)).(j)When developed, the Authority will provide a tollfree number that retirees can use to obtain Plan andbenefit information.The Retirement amendments set forth in this paragraph willapply only to employees who are active employees on or afterthe effective date of the Plan amendments. The amendmentsmade pursuant to subjections (g) and (h) were effective as ofJune 29, 2001.The existing (defined benefit) WMATA/Local 2 RetirementPlan will be amended to provide that, solely in the case of aParticipant who ceases to work for the Authority on or afterJuly 1, 2006, Compensation for the period July 1, 2004 throughJune 20, 2006 will be computed on the basis of the basic compensationshown on the pay grade schedule maintained by theAuthority instead of basic compensation actually received by aParticipant.51

ARTICLE XX – GRIEVANCE AND ARBITRATION(1) Prompt resolution of employer-employee differences is ofgreat importance to the Union, the employees covered bythis Agreement, and the efficient operation of the Authority.This grievance and arbitration procedure is designedto resolve problems at the lowest possible administrativelevel and at the earliest practicable time. It is alsodesigned to afford adequate notice to all parties, and toprovide full information as to the facts and issues involvedin simplified procedures to be followed by all parties.Grievances shall be defined as any dispute betweenthe Authority, the Union or the employees arising from orrequiring an interpretation of this Agreement.(2) A grievance against the Authority shall be handled in thefollowing manner:Initiation: Grievances relating to discharge, grievancesinvolving an Office other than the grievant’s Office,and grievances initiated solely by the Union shall be initiatedat Step 2. All other grievances shall be initiated atStep 1. Any grievance that is not timely presented at Step2 shall be considered waived.Step 1: The grievant shall bring his grievance to theattention of his immediate supervisor. Within five (5)working days, the supervisor shall meet with the grievantat a mutually-convenient time to discuss the grievance. Atthe grievant’s request, the steward may also attend. Withinthree (3) working days after the meeting, the supervisorshall give a verbal answer to the grievant.Step 2: The grievant or the Union shall file a writtengrievance with the Office Director responsible for thegrievable action. This written grievance shall be filedwithin twenty (20) working days of the original grievable52

action or the date the grievant reasonably would havebeen expected to know of the events outlined in the grievance.This time limit may be extended by written agreementof the employee or the Union and the supervisoror Office Director. The written grievance shall contain abrief statement of facts describing the complaint, a statementof the provisions of this Agreement alleged to beviolated, and a statement of relief requested. The writtenStep 2 grievance shall be in a standard format designed byLocal 2. The Office Director (or designee) shall meet withthe grievant and the appropriate area Shop Steward, oranother steward if the area steward is unavailable, withinten (10) working days of receipt of the written grievance.The Office Director (or designee) will issue a written decisionwithin ten (10) working days of the Step 2 meeting.Step 3: If the grievance is not resolved by the Step 2decision, the grievance may be presented by the Union tothe LABR Director (or designee) within ten (10) workingdays from the receipt of the Step 2 decision. The writtenStep 3 grievance shall be in a standard format designatedby Local 2. The LABR Director (or designee) will meetwith the grievant and Chief Shop Steward, or a designatedArea Shop Steward, within ten (10) working days of suchStep 2 appeal. The LABR Director (or designee) will issuea written decision with ten (10) working days of the Step 3meeting.Step 4: Any grievance that has been properly processedthrough the grievance procedure specified in thisArticle and which has not been settled by Step 3 may beappealed to final and binding arbitration. Arbitration mustbe demanded by written notice from the Union to theLABR Director (or designee) within thirty (30) calendar53

days after receipt of the Step 3 answer. If arbitration isnot requested within this time frame, it shall be deemedto have been waived and the grievance will be consideredresolved at the Step 3 disposition.(3) A grievance against the Union shall be handled in the followingmanner:Initiation: Grievances shall be initiated at Step 1. Anygrievance that is not presented timely at Step 1 shall beconsidered waived.Step 1: The Authority shall file a written grievancewith the Chief Shop Steward within twenty (20) workingdays of the original grievable action or the date the Authorityreasonably would have been expected to know of theevents outlined in the grievance. The written grievanceshall contain a brief statement of facts describing the complaint,a statement of the provisions of this Agreementalleged to be violated, and a statement of relief requested.The Chief Shop Steward shall meet with the Authority officialfiling the grievance within ten (10) working days ofreceipt of the written grievance. The Chief Shop Stewardwill issue a written decision within ten (10) working daysof the meeting.Step 2: Any grievance that has been properly processedthrough the grievance procedure specified in thisArticle and which has not been settled by Step 1 may beappealed to final and binding arbitration. Arbitrationmust be demanded by written notice from the Authorityto the Chief Shop Steward within thirty (30) calendar daysafter receipt of the Step 1 answer. If arbitration is not requestedwithin this time frame, it shall be deemed to havebeen waived and the grievance will be considered resolvedat the Step 1 disposition.54

(4) Notwithstanding any of the above provisions, the Authorityand the Union recognize the right of the employee(s) tosettle his or her grievance directly, provided that the termsof settlement are not inconsistent with the provisions ofthis Agreement. The settlement of any grievance whichhas been reduced to writing must be confirmed in writingto the grievant with a copy provided simultaneously to theUnion.(5) Upon receipt of a timely demand for arbitration, the partiesshall promptly appoint their partisan arbitrators. Therespective arbitrators shall attempt promptly to select amutually agreeable neutral to serve as chairman of a threeperson Board of Arbitration. In the event the two partisanarbitrators are unable to agree upon the selection of a neutralarbitrator within ten (10) working days, either partymay request the American Arbitration Association (AAA)or the Federal Mediation and Conciliation Service (FMCS)to furnish a list of not more than seven (7) arbitrators, oneof whom may be designated by the parties to act as thechairman of the Board of Arbitration; if the parties cannotagree upon an arbitrator from the list, selection shallbe made by the partisan arbitrators by alternately strikingnames from the list until only one name remains. Thefinal name remaining shall be chairman of the Board ofArbitration.(6) The jurisdiction and authority of the Board of Arbitrationon contract grievances and the Board’s opinion and awardshall be confined exclusively to the specific provision orprovisions of the agreement at issue between the Unionand the Authority. Except as provided in Section 7, theBoard shall have no authority to add to, alter, amend ormodify any provision of this Agreement. A decision of a55

majority of the Board of Arbitration shall be final and binding.Either party may request an Executive Session withinfive (5) working days from receipt of a proposed awardfrom the Board chairman. All members of the Board shalleither subscribe to the majority award or may file a writtendissent, provided that such dissent must be submittedwithin five (5) working days from the date of any ExecutiveSession of the Board of Arbitration at which a majorityaward is designated.(7) Disputes over contract issues or other circumstances existingas of the date of execution of this agreement shallbe subject to the exclusive recourse set forth in Section(6) above. Disputes not covered by this agreement concerningthe wages, hours or working conditions of unitemployees, including allegations of discrimination basedon anti-union animus, shall first be subject to collectivebargaining between the parties. Either party may invokeinterest arbitration by declaring that no agreement hasbeen achieved by negotiation. Such disputes shall be resolvedin accordance with the procedure for arbitrationestablished in Sections 5 and 6 above but shall not be subjectto the jurisdictional or remedial limitations of Section6.(8) The Union and the Authority shall each bear their own expensesin the arbitration proceeding, except that they shallshare equally the fee and other expenses of the hearingand the chairman of the Board of Arbitration in connectionwith the grievance submitted to the Board.ARTICLE XXI – NO STRIKE(1) During the life of this Agreement, the Union, its officers,agents, representatives, and members shall not in any way,56

directly or indirectly, authorize, cause, assist, encourage,participate in, ratify, or condone any strike, sit-down, sitin,slowdown, cessation or stoppage of work, mass absenteeism,boycott, picketing, or refuse to faithfully and properlyperform in whole or in part, any customarily assignedduties for the Authority, or conduct any other interferencewith or interruption of work at any of the Authority’s operationsincluding the recognition of and refusal to crossany picket line erected at Authority premises, and the Authorityagrees that there shall be no lockout.(2) In the event of an unauthorized strike, slowdown, orstoppage of work, the Authority agrees that there will beno liability on the part of the Union provided the Unionpromptly and publicly disavows such unauthorized strike,slowdown, or stoppage of work, orders the employees toreturn to work, utilizes all best efforts to ensure the returnto work, and attempts to bring about a prompt resumptionof normal operations, and provided further that the Unionnotifies the Authority, in writing, within twenty-four (24)hours after the commencement of such job action, whatmeasures it has taken to comply with provisions of thisArticle.(3) The Authority shall have the right to discipline, by way ofsuspension, discharge or otherwise any person who participatesin any violation of this Article.ARTICLE XXII – MISCELLANEOUS(1) Savings and SeparabilityIt is not the intention of the Authority or the Union to violateany applicable laws or regulations by the enactmentof this Agreement or in the application of its terms. Inthe event any provision of this Agreement is determined57

y a final judicial order to be illegal or void as being incontravention of any applicable law or regulation, the remainderof the Agreement shall remain in full force and effect.The Authority and the Union agree that if and whenany provision of this Agreement or the Agreement itself isfinally determined to be illegal or void, they will enter intonegotiations promptly concerning the substance affectedby such decision for the purpose of achieving conformitywith the applicable law or regulation and the intent of theparties hereto.(2) The Authority shall recognize a joint labor managementcommittee consisting of three (3) representatives of theUnion and three (3) representatives of the Authority tomeet quarterly to discuss problems and conditions thatcan affect the morale and well-being of the employees.(3) Educational AssistanceThe Authority agrees to provide educational assistancereimbursement for tuition, text books, and laboratory feesfor employees who satisfactorily complete educationalcourses approved in advance by their office director,under the following schedule:(a)If the course relates directly to the employee’s presentjob function and will enhance the employee’sability to perform his assigned work: 100% reimbursement;(b) If the course is of significant value to the employee’soffice or to the Authority as a whole, or enhancesthe employee’s ability either to perform his currentlyassigned duties or his future mobility within the Authority:50% reimbursement;(c)Educational assistance will be committed, in advance,on a semester-by-semester basis, and will be58

paid to those employees who complete their courseof study with a minimum C average, or its equivalent;(d) Educational assistance funding will be subject tobudget constraints established by the Board and willbe allocated on a first come, first served basis. Tothe extent there are conflicts in funding requests, employeespursuing a continuing course of study willbe granted preference for available funds.(4) Employees required to wear a uniform by the Authorityduring their ordinary course of duty will be provided asemi-annual uniform allowance of $95.00 dollars. Theuniform allowance will be provided in the first pay periodfollowing January 1 and July 1 of each year. Training employeeswill be provided one set of clean coveralls to carrywith them in case of emergency service. The employeemay exchange coveralls soiled in the line of duty for cleancoveralls.(5) Active employees and employees who retire from activeemployment shall be provided a transit pass. Long termtemporary employees who “retire” at (1) age 60 with ten(10) years of service or (2) age 65 with five (5) years ofservice shall be provided a transit pass.(6) The Authority and the Union shall share the cost of printingcopies of this Agreement for representatives of theUnion, for representatives of management, and for distributionamong bargaining unit employees. The Union shallbe responsible for distribution among the bargaining units.(7) Confidential Personnel File DataIf the Authority chooses to solicit and maintain informationrelating to confidential pre-employment inquiries, theinformation will be placed under seal at the conclusion ofthe employee’s probationary period. Such information will59

e exempt from employee review pursuant to Article IX,provided that the information is not used in conjunctionwith any post-probationary employment or promotiondecision at the Authority. In the event such information isused following the probationary term, the information willbe disclosed, upon request, to the employee but the sourceof such information must remain confidential.(8) The Authority will extend provisions of the Policy Instructionregarding indemnification to Local 2 employees.(9) Local 2 will maintain a depository in the Jackson GrahamBuilding for receipt of official documents. The placing of adocument in the depository constitutes delivery to Local 2.60

ARTICLE XXIII – DURATIONThis Agreement shall be in full force and effect until June30, 2008 and shall continue in effect from year to year thereafterunless either party gives notice, in writing, at least sixtydays prior to any expiration date of an intent to modify theAgreement.WASHINGTON METROPOLITAN AREATRANSIT AUTHORITYOFFICE AND PROFESSIONALEMPLOYEES INTERNATIONALUNION LOCAL NO. 2, AFL-CIOJohn B. Catoe, Jr.General ManagerDan DyerPresidentAdrian C. HendricksActing AssistantGeneral ManagerHuman CapitalThomas L. O’ConnorChief Shop Steward &Executive Board Member61

APPENDIX ALOCATION OF SHOP STEWARD ASSIGNMENTSRESPONSIBILITY ZONESSHOP STEWARD LOCATION NO. PHONELast Name First Name Location Phone numberBrown Kim CFO/JGB (202) 962-1221Brown Rachel, B. PRMT/JGB (202) 962-2460Briscoe Pam MTPD/JGB (202) 962-2121Briscoe Carol MTPD/JGB (202) 962-2121Carrington Michael CSVC/Silver Spring (301) 562-4678Coley Ruby PRMT/MSF (202) 962-5514Hall Mirenda BOCC/JGB (202) 962-1811Henderson Lucille OCC (202) 962-1542Lowden Edith CENS (202) 962-6327Starin Eric Chief Steward (202) 962-1790Webster-Brown Nicole MTPD/JGB (202) 962-212162

APPENDIX HINSURANCE PREMIUM PERCENTAGE OBLIGATIONS*FULL-TIME EMPLOYEE:CIGNA (Closed Indemnity) CIGNA Open Access Optimum Choice KPSingle 1 + 1 Family Single 1 + 1 Family Single 1 + 1 Family Single 1 + 1 FamilyEmployee: 15% 20% 20% 15% 15% 15% 15% 15% 15% 15% 15% 15%WMATA: 85% 80% 80% 85% 85% 85% 85% 85% 85% 85% 85% 85%PART-TIME EMPLOYEE: (20-30 HOURS PER WEEK)CIGNA (Closed Indemnity) CIGNA Open Access Optimum Choice KPSingle 1 + 1 Family Single 1 + 1 Family Single 1 + 1 Family Single 1 + 1 FamilyEmployee: 36% 40% 40% 36% 36% 36% 36% 36% 36% 36% 36% 36%WMATA: 64% 60% 60% 64% 64% 64% 64% 64% 64% 64% 64% 64%PART-TIME EMPLOYEE: (10-19 HOURS PER WEEK)CIGNA (Closed Indemnity) CIGNA Open Access Optimum Choice KPSingle 1 + 1 Family Single 1 + 1 Family Single 1 + 1 Family Single 1 + 1 FamilyEmployee: 57% 60% 60% 60% 60% 60% 60% 60% 60% 60% 60% 60%WMATA: 43% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40% 40%75

APPENDIX ICOMPREHENSIVE DENTAL EXPENSE BENEFITSDeductible: $50 per person each calendar year (not to exceed$100 per family per year). Two family membersmust meet their individual deductibles to accumulatethe family deductible limit.*Benefit Delta PatientDiagnostic 100% 0%Preventive 100% 0%Basic Restorative 75% 25%Major Restorative 50% 50%Endodontics 75% 25%Periodontics 75% 25%Prosthodontics 50% 50%Orthodontics 50% 50%Denture Repair & Relining 75% 25%Simple Extraction 75% 25%Bridge Recementation 75% 25%Complete DentureAdjustments 75% 25%Oral Surgery — See Below76

Diagnostic – Procedures to assist dentists to evaluate existingconditions and dental care required – to include visits, exams,diagnoses and x-rays (exams and bitewing x-rays twice in acalendar year).Preventive – Prophylaxis (cleaning twice in a calendar year),fluoride treatments (to age 19, once in a calendar year), spacemaintainers sealants (to age 14, once in any 36-month periodon unfilled permanent first and second molars). Periodontalprophylaxes following periodontic surgery are benefitted withno frequency limitations.Basic Restorative – Amalgam (“silver”) and composite(“white” non-molar) fillings.Major Restorative – Crowns, inlays, onlays are benefitedwhere above materials are not adequate.Endodontics – Procedures for pulpal therapy and root canalfilling.Periodontics – Surgical and non-surgical procedures for treatmentof gums and supporting structures of teeth.Prosthodontics – Procedures for construction or repair offixed bridges, partial or complete dentures.Orthodontics – Procedures for straightening teeth. (This benefitis for eligible dependent children to the end of the monththey attain age 19) including harmful habit appliances.Denture Repair & Relining – Repair and relining of existingdentures.Simple Extraction – Routine removal of teethBridge Recementation – Recementation of existing bridgework.Complete Denture Adjustments – Adjustments to denturesOral Surgery – services are not covered under WMATA’s DentalPlan; however, they are covered under the CIGNA MedicalPlan. For participants in the HMO Medical Plans (Kaiser and77

Optimum Choice), coverage is through the Delta Dental Planon an exception basis at 75%. Maximum benefit $1,500 perperson based on a calendar year. Contact the Benefits Office toarrange for exception based coverage.Orthodontic Treatment – A $2,000 lifetime orthodonticbenefit for children is provided. Such benefits are not includedin the $1,500 maximum annual benefit.*Diagnostic and Preventive services are exempt from thedeductible.78

July 14, 2006LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIUWashington Metropolitan Area Transit Authority600 5th Street, N.W.Washington, D.C. 20001Re: Health Benefit Plan AnalysisDear Mr. O’Connor:During the period of WMATA’s preparation for the renewal of healthbenefit plans impacting the Local 2 bargaining unit, the benefits officewill set up a briefing for a Union designated committee as to therenewal terms and conditions. The committee will have an opportunityto provide its input and suggestions regarding the terms and conditionsduring the renewal process. It is expressly understood that these arecontract implementation exchanges only and will not encompass collectivebargaining or lead to interest arbitration under the Compact orthe collective bargaining negotiations.If you agree will the foregoing, please sign below.Sincerely,D. Richard FroelkeDirector, Office of Employee and Labor RelationsI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU79

July 14, 2006LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIUWashington Metropolitan Area Transit Authority600 5th Street, N.W.Washington, D.C. 20001Re: Article VIII Layoff and Recall Part-Time EmployeesDear Mr. O’Connor:This will confirm the agreement of the parties that for the period beginningon the date of this letter through June 30, 2008, in the case of thelayoff of any part-time employee, such individual may exercise his/herprorated seniority and qualifications to bump into and displace a juniorfull-time employee. In this eventuality, the bumping part-time employeemust convert to full-time status to assert this right.If you agree will the foregoing, please sign below.Sincerely,D. Richard FroelkeDirector, Office of Employee and Labor RelationsI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU80

March 19, 2007LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Commencement of Negotiations for Next ContractDear Mr. O’Connor:This letter will confirm the understanding reached by the parties duringthe 2004 negotiations regarding the issue of the commencement ofnegotiations for the next contract.In these negotiations, the parties agreed to a four-year contract thatwill expire June 30, 2008. Both parties expressed concern that, in priornegotiations, the parties did not commence serious negotiations untilthe contract was about to expire.Accordingly, the parties agreed that, assuming either party gives noticeto re-open negotiations with regard to the June 30, 2008 contract expiration,the parties will commence negotiations for a successor contractno later than March, 2008.I believe the foregoing represents the parties’ agreement with respectto this issue.Sincerely,D. Richard FroelkeDirector, Office of Employee and Labor RelationsI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU81

MEMORANDUM OF UNDERSTANDINGSeptember 14, 2006Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Training & Safety Pay AdjustmentDear Mr. O’Connor:During the 2006 negotiations, the parties agreed that, for the sake ofequity with other instructors, the pay of certain Training & Safety Instructorsrequires adjustment.The Training and Safety Instructors (Bus Trainers), job classification3712, who were brought into the bargaining unit as a result of the 2003arbitration decision, shall have a minimum salary rate, based on theemployee’s years of service in the job class, as of July 1, 2003:Yrs of Service (minimum) Pay Rate1 55,6702 57,3403 59,0604 60,8325 62,6576 64,5367 65,5048 66,487Yrs of Service (minimum)Pay Rate9 67,48410 68,49711 69,52412 70,56713 71,62514 72,15017 74,314Any Training & Safety Instructors making less than the above minimumrate for their years of service will be raised to the minimum rate priorto applying any other contractual raises. The disability payment ofTraining & Safety Instructors on long-term disability as of the effectivedate of this contract will be adjusted accordingly.82

Sincerely,Richard Froelke,Director, Office of Employee and Labor RelationsI Concur:___________________________________ ____________________________Thomas L. O’Connor(Date)Chief Shop StewardLocal 2, OPEIU83

LETTER OF UNDERSTANDINGAugust 21, 2006Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article IV – Section 4 – Bulletin BoardsDear Mr. O’Connor:This will confirm the understandings achieved between the parties duringthe 1984 negotiations concerning the permissible scope of postingsby Local 2 on the Union bulletin board pursuant to Article IV, § 4 of thecollective bargaining agreement between Local 2 and WMATA. TheAuthority has agreed to provide access to Local 2 to WMATA bulletinboards with the stipulation that only official Union business will beposted and that such posting shall not contain political material. Thereference to political material is intended to encompass those politicalmatters independent from official Union business such as campaignposters, publicized endorsements or political critiques. It is not intendedto encompass reports of official business, such as a politicalendorsement, contained in the official minutes of a Union membershipmeeting. Additionally Local 2 will not include any name-calling or personalvituperation directed at any Authority managers or supervisors inany Bulletin Board posting and the Authority may remove any postingthat includes such content.Sincerely,Richard Froelke,Director, Office of Employee and Labor RelationsI Concur:___________________________________ ____________________________Thomas L. O’Connor(Date)Chief Shop StewardLocal 2, OPEIU84

March 13, 2007LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville RoadSilver Spring, MD 20910Re: Existing Letters of UnderstandingDear Mr. O’Connor:This letter will confirm the parties’ agreement to continue the lettersof understanding identified below (copies of which are attached tothis letter). These letters of understanding will remain in effect for theduration of the collective bargaining agreement effective from July 1,2004 through June 30, 2008.Subject Matter of Letter of UnderstandingDate of LetterMeal Allowance.....................................................................................August 7, 2002Article V – Management Rights Physical Examination....................August 7, 2002Split Shifts..............................................................................................August 7, 2002Promotion Pay Guarantees..................................................................August 7, 2002Annual Evaluations...............................................................................August 7, 2002Article XVIII – Medical Insurance – Cost Containment...................August 7, 2002Article VII – Promotion – Absence During the Posting Period.......August 7, 2002Article XI – Hours of Work – §6 – Shift Selection.............................August 7, 2002Article XI – Hours of Work §8 – Overtime Distribution...................August 7, 2002Article XIX, §3 – Pension, Deferred Compensation Plan.................August 7, 2002Assignment of employees to cover for absent BargainingUnit Employees ................................................................................August 7, 2002Emergency Work...................................................................................August 7, 2002Contract Distribution............................................................................August 7, 2002Life Insurance........................................................................................August 7, 2002Eligibility for Awards............................................................................August 7, 2002Flex-time or Alternate Work Schedule (AWS) Programs.................August 7, 2002Work at Home........................................................................................August 7, 200285

Market Adjustment Supplement..........................................................August 7, 2002Medical Leave Without Pay..................................................................August 7, 2002Defined Contribution Plan...................................................................August 7, 2002Employee Contribution forUnlimited Mental Disability Benefits..................................................August 7, 2002Actual Hours of Work...........................................................................August 7, 2002Article XIX, §5(g)...................................................................................August 7, 2002Family Medical Leave Act....................................................................August 7, 2002We believe that the forgoing accurately represents the understandingof the parties with respect to the continuance of the existing letters ofunderstanding. If you concur, please indicate by signing below.Sincerely,D. Richard FroelkeDirector, Office of Employee and Labor RelationsI concur:Thomas L. O’Connor,Chief Shop StewardLocal 2, OPEIU86

August 6, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Meal AllowanceDear Mr. O’Connor:This letter will confirm the understandings reached during the 1984negotiations concerning a meal allowance for those employees representedby Local 2, OPEIU. The parties have agreed that any Local 2represented employee required to attend a public hearing outside theordinary work day and during meal hours will be entitled to reimbursementfor meal expenses not to exceed $15.00, including gratuity. Employeesrequesting meal allowance under this condition should advisetheir supervisor in advance of the meeting date, wherever possible.Employees required to work outside the ordinary work day, off WMATApremises, on Authority business during the evening meal hour shallalso be entitled to reimbursement for meal expenses, not to exceed$15.00, provided that the working assignment has been reviewed, inadvance, with the employee’s supervisor.I believe the foregoing describes fully the understandings achieved duringnegotiations regarding meal allowances.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU87

LETTER OF UNDERSTANDINGAugust 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU, 8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article V – Management Rights Physical ExaminationsDear Mr. O’Connor:During the 1984 negotiations the parties discussed, at some length, theright of management to request employees to subject varying degreesof physical examinations because of apparent symptoms of job relatedconditions.At the Union’s request, the Authority agreed not to persist for specificlanguage in the collective bargaining agreement to encompass this contingency.On the contrary, it was agreed that the parties would simplycontinue their practices in this regard and that the Union would beentitled, in any case where it believed the request for physical reviewto be unreasonable or inappropriate, to protest such matters throughthe contract grievance procedure. Both parties agreed that in any subsequentgrievance matter, neither party would raise in argument, eitherin defense or in support of the grievance, the negotiating history of thiscontract bargaining.Finally, this understanding does not supersede or in any way impactthe parties’ agreement regarding the WMATA Substance Abuse Policyand Employee Assistance Program.I believe the foregoing represents the parties’ agreement with respectto physical examinations.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop Steward & Executive Board MemberLocal 2, OPEIU88

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Split ShiftsDear Mr. O’Connor:This letter will confirm the understandings of the parties during the1984 negotiations regarding the possibility of split shift job assignments.The parties agreed that if WMATA finds it necessary to requireemployees to work a split shift more than on an occasional, non-repetitivebasis, then the parties will meet promptly, to discuss a mutuallyagreeable mechanism for allocation of such assignments and otherrelevant matters, including a compensation premium for split shift assignments.I believe the foregoing represents the parties’ agreement with respectto split shifts.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU89

August 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Promotion Pay GuaranteesDear Mr. O’Connor:LETTER OF UNDERSTANDINGThis letter will confirm the understandings of the parties during the1987 negotiations regarding pay guarantees associated with promotionunder Article VII of the collective bargaining agreement. The collectivebargaining agreement specifies that employees shall be entitled toa “minimum” increase of 5% over the employee’s current grade. Use ofthe word “minimum” shall not constrain the Authority from establishingan appropriate pay grade for promoted employees exceeding 5% ofthe employee’s grade prior to promotion.I believe that the foregoing represents the understanding with respectto the pay guarantee. If you concur, please execute where indicatedbelow.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU90

August 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Annual EvaluationsDear Mr. O’Connor:LETTER OF UNDERSTANDINGDuring the 1987 negotiations, the Union raised concerns regardingdelay in providing annual performance evaluations.The parties agreed that any employee whose annual performance evaluationhas not been provided on or before thirty (30) days followingtheir anniversary date should promptly notify the Chief Shop Steward.The Chief Shop Steward will immediately inform the Director of LaborRelations who will promptly investigate the matter. The Authoritycommits that the performance evaluation will be provided within thirty(30) days from notice to the Director of Labor Relations.I believe that the foregoing describes the agreement of the parties. Ifyou agree, please signify by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU91

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article XVIII – MedicalInsurance – Cost ContainmentDear Mr. O’Connor:During the 1990 negotiations, the parties agreed to continue in effectthe cost containment package. The parties will monitor the effectivenessof the cost containment package. If the cost containment packageresults in an increase in premium cost, the parties will meet to negotiatemodifications in the cost containment features or cancellation ofthe ineffective features.I believe the foregoing describes the agreement of the parties. If youagree, please signify by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU92

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article VII – Promotion –Absence During the Posting PeriodDear Mr. O’Connor:During the 1987 negotiations, the parties discussed procedures foremployees who are unable to bid on posted job vacancies because theyare absent from work during the period of posting. The parties agreedthat the Authority will continue to accept applications for a period offive (5) working days following the close of the posting from any employeewho has been absent the entire posting period. Such late filedapplications will be considered in the same manner as all other validapplications.I believe that the foregoing describes the agreement of the parties. Ifyou agree, please signify by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU93

LETTER OF UNDERSTANDINGAugust 7, 2002Mr. Thomas L. O’ConnorChief Shop Steward8455 Colesville Road, Suite 1250, Silver Spring, MD 20910Re: Article XI – Hours of Work – Section 5 – Shift SelectionDear Mr. O’Connor:This letter will clarify the parties’ understanding reached in the 1987negotiations regarding shift selection.The parties agreed that employees working in offices with multipledaily shifts will be given an opportunity to express preferences regardingshift selection. Preferences shall be accorded based on seniority,ability to perform the work and needs of the affected office. Theseniority referenced in this Section is intended by the parties to beseniority in the job classification, not unit seniority. Should there beconflicts over a preferred shift and should both conflicting employeeshave the same classification seniority, the seniority preference shall beaccorded to the employee with the most unit seniority.In addition, the parties discussed the “needs of the affected office”preference for shift assignment. The Authority agreed that before ashift assignment is made on the basis of the needs of a particular office,the Office of Labor Relations will advise the Union of the assignmentintended in advance and provide an explanation of the particularneeds of the office making the assignment in question.I believe the foregoing represents the parties’ agreement with respectto shift assignments. If you concur, please indicate by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU94

August 7LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop Steward8455 Colesville Road, Suite 1250, Silver Spring, MD 20910Re: Article XI – Hours of WorkSection 8 – Overtime DistributionDear Mr. O’Connor:During negotiations for the 1987-1990 contract, the parties discussedrevisions to the overtime distribution language of the agreement. Theparties agree to leave the language unchanged from the 1984-1987agreement. The parties did agree that should any office find it necessaryfor overtime distribution within that office, they may establish avoluntary overtime roster for either regular overtime or special eventsprovided that the roster is maintained on a purely voluntary basis andthere is no pressure on any employee to become an “unwilling” volunteer.In addition, the voluntary overtime roster may establish conditionsfor overtime requiring mandatory acceptance of overtime in theevent that an employee has volunteered and offered to be availableat specific times, on specific days and further establishing conditionsregarding compensatory time in lieu of payment. All such conditionsmust be established and accepted, in writing, prior to the time that anemployee volunteers.I believe the foregoing accurately describes our agreement. If youagree, please sign where indicated below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU95

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article XIX – PensionSection 3 – DeferredCompensation PlanDear Mr. O’Connor:Pursuant to the 1987 contract, the Authority has established a deferredcompensation plan for full time temporary bargaining unit employees.The parties have agreed that, if the participating jurisdictions shouldelect to dissolve the Transit Authority, then the Union will be notified,as soon as the Authority learns of the introduction of legislation in anyof the participating jurisdictions initiating dissolution. At the localUnion’s request, the Authority will meet to negotiate regarding the effectof such initiative on the deferred compensation plan.I believe the foregoing accurately describes our agreement with respectto this issue. If you concur, please indicate by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU96

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Assignment of employees to cover for absentBargaining Unit EmployeesDear Mr. O’Connor:During negotiations for a collective bargaining agreement effectivefrom 1990 to 1993, the parties discussed the assignment of employeesto cover for absent bargaining unit employees.The parties agreed that the Authority has discretion to cover necessarywork by call-in, work reassignment, or overtime assignment pursuantto Article 11, Section 8(b).I believe the foregoing represents the parties’ understanding.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU97

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Emergency WorkDear Mr. O’Connor:During negotiations for the collective bargaining agreement to be effectivefrom 1990 through 1993, the parties discussed treatment of employeesheld over to work under declared emergency circumstances,most often for snow emergencies.The parties agreed that Local 2 represented employees who are heldover in such emergency conditions shall be treated no differently thanother represented and non-represented counterparts. Meal provisionsand accommodations shall be the same for all holdover employeeswherever practicable. Moreover, should a Local 2 represented employeeelect, after release from emergency work shifts, to return to hisor her own home, that employee shall not be treated differently thanemployees who fail to report to work, in the first instance, in the eventthat the employee is unable to return for work the next day.I believe the foregoing represents the parties’ understanding.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU98

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Contract DistributionDear Mr. O’Connor:Article 22 of the parties’ collective bargaining contract provides thatthe Union shall be responsible for distribution of the contract to bargainingunit employees. This will confirm that the Authority will allowthe Union to use Authority channels for the distribution of the contractto the employees.I believe that the foregoing represents the parties’ understanding.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU99

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Life InsuranceDear Mr. O’Connor:During negotiations for a collective bargaining agreement effectivefrom 1990 to 1993, the parties discussed the range of costs per thousandfor optional group life insurance.The parties agreed that a Local 2 representative shall be afforded anopportunity to participate in the Authority procurement proceedingsregarding execution or renewal of the contract with the insurance carrierproviding the optional group life insurance benefit for the Local 2employees.I believe that the foregoing represents the parties’ understanding.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU100

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop Steward8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Eligibility for AwardsDear Mr. O’Connor:During negotiations for the collective bargaining agreement to be effectivefrom 1990 through 1993, the parties discussed the eligibility of bargainingunit employees for participation in Authority awards programs.The parties agreed that bargaining unit employees would be eligibleto participate in Authority awards programs to the same extent asall other Authority employees, including awards containing a cashstipend. These Authority awards programs include the General Manager’sannual awards program, the periodic Departmental and Officeawards programs (i.e., BUSV, FMNT, and RAIL), and ad hoc awards inthe nature of the lump sum cash awards referred to at Policy No. 7.6 ofthe Personnel Manual.The granting of these awards is committed to the Authority’s discretionand the Authority’s decision to grant or decline to grant an award to aparticular employee is not subject to review in the contractual grievanceprocedure.I believe the foregoing represents the parties’ understanding.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU101

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Flex-time or Alternate Work Schedule (AWS) ProgramsDear Mr. O’Connor:During negotiations for the 2002-2004 collective bargaining agreementthe parties discussed the revisions of the flex-time or Alternate WorkSchedule Programs.The parties agreed that the Authority and a Local 2 employee couldestablish flex-time schedules—i.e., pay periods containing eight workdays or nine work days rather than the customary ten work days. Theestablishment and continuation of such a flex-time schedule will becommitted entirely to the joint discretion of the Authority and theinvolved employee—that is, it will be entirely voluntary on the part ofthe Authority and on the part of the involved employee.The parties also agreed that existing alternate work schedule arrangementsthat do not conform to the normal workweek set forth in ArticleXI, Section (1) of the 2000-2004 collective bargaining agreement willremain in effect and participants covered by these alternate workschedules will be considered to be covered by a “formal alternate workschedule arrangement” within the meaning of Article XI, Section (1).The Authority and Local 2 can each terminate the entire flex-time orAlternate Work Schedule Programs upon 30 days written notice. Theregularly scheduled hours established by a flex-time schedule willconstitute the employee’s normal work week and normal work day forpurposes of Article XI of the contract. The parties waive any entitlementto overtime pursuant to the Fair Labor Standards Act resultingfrom hours worked within the regularly scheduled hours establishedby a flex-time schedule.102

I believe the foregoing represents the parties’ understanding.Sincerely,William F.. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU103

LETTER OF UNDERSTANDINGAugust 7, 2002Mr. Thomas L. O’ConnorChief Shop Steward8455 Colesville Road, Suite 1250, Silver Spring, MD 20910Re: Work At HomeDear Mr. O’Connor:This letter will confirm the understandings of the parties during the1996 negotiations regarding the issue of an overtime-eligible employee’swork at home pursuant to specific work assignments.Local 2 employees are occasionally allowed to work at home for briefperiods outside their regular work hours rather than reporting to theirregular work locations—i.e., a programmer who is called at home lateat night to fix a defective program and is able to solve the problemfrom his residence in two hours using his home computer. In such circumstances,the employee is entitled to be paid for the hours worked,but is not entitled to be paid under the call-out premium pay provisionsof the contract because the employee has not had to travel to and fromhis regular work location.The Authority may wish to allow employees to work at home—includingtelecommuting—for all or part of the employee’s regular work day.If the Authority allows an employee to do so, this will not create anentitlement on the part of other similarly-situated employees to alsowork at home.I believe the foregoing represents the parties’ agreement with respectto this issue.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU104

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop Steward8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Market Adjustment SupplementDear Mr. O’Connor:This letter will confirm the understandings of the parties during the1996 negotiations regarding the issue of a market adjustment supplement.During negotiations, both the Authority and Local 2 expressed concernthat due to market forces increasing area salaries in certain occupationson a short term or long term basis, the Authority sometimes encountersdifficulty recruiting and retaining qualified employees in someoccupations.The parties agreed to appoint an Authority-Local 2 subcommittee thatwill discuss the issue of granting compensation adjustments for specificpositions to respond to these market forces. Such compensationadjustments may only be implemented upon the agreement of the partiesand disagreements regarding the compensation adjustment issueare not subject to interest arbitration.I believe the foregoing represents the parties’ agreement with respectto this issue.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU105

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Medical Leave Without PayDear Mr. O’Connor:This letter will confirm the understanding reached by the parties duringthe 1996 negotiations regarding the issue of the extent to which anemployee is entitled to multiple periods of Medical LWOP.The contract provides that an employee is entitled to a maximum of365 calendar days Medical LWOP. The parties agreed that this entitlementshould be applied during a rolling three-year period. For example,an employee who is on Medical LWOP for seven months in Year1 and five months in Year 2 is not entitled to any additional MedicalLWOP until three years following commencement of the Year 1 MedicalLWOP.I believe the foregoing represents the parties’ agreement with respectto this issue.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU106

August 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Defined Contribution PlanDear Mr. O’Connor:LETTER OF UNDERSTANDINGDuring the 1996 negotiations, the parties agreed that the Authoritycould close the defined benefit pension plan to new hires and insteadprovide a defined contribution plan (DCP) for all new hires, long termtemporary employees, and part-time regular employees, provided thatthe Authority implemented the same plan for non-represented employees.Local 2 expressed concerns regarding how the DCP would bestructured. During negotiations and during the drafting of the relevanttrust documents, the parties reached understandings addressing Local2’s concerns. These understandings are summarized here.There will be two plans—a “401(a)” plan and a “457” plan. Authoritycontributions will be made to the 401(a) plan and employee contributionswill be made to the 457 plan. Each plan will be “trusted”.With regard to the 401(a) trust, the Authority will appoint two trustees,Local 2 will appoint one trustee, and the non-represented employeeswill elect one trustee. If the trustees are divided equally with regardto an issue, the dispute will be resolved as follows: (1) the trusteesobtain an opinion from Plan counsel; (2) if the trustees remain equallydivided, the trustees submit the dispute to arbitration. Employee disputeswill be resolved as follows: (1) the employee submits the issueto the administrator; (2) the employee appeals the administrator’s decisionto the trustees; (3) the trustees’ decision is final unless the trusteessplit equally in which case the dispute becomes a trustee dispute.107

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Employee Contribution forUnlimited Mental Disability BenefitsDear Mr. O’Connor:This letter will confirm the understanding reached by the parties duringthe negotiation of the 2000-2004 collective bargaining agreementregarding right of Authority to charge employees represented by Local2 for the additional cost of unlimited mental disability.The terms of the collective bargaining agreement provide that the two(2) year mental disability limitation contained in the Authority’s longtermdisability policy will not apply to employees represented by Local2. Because this limitation does not apply, the cost of providing benefitsto employees represented by Local 2 is greater than the cost of coveragefor other employees covered by the LTD policy. Local 2 has agreedthat the Authority has the right and the power (under the terms of thecollective bargaining agreement) to charge employees represented byLocal 2 for the additional cost of unlimited mental disability benefits.The Authority has agreed that any additional premium cost imposedwith respect to this coverage will be allocated between the employeesand the Authority in accordance with the ratio now in effect for otherLTD coverage.109

We believe that the foregoing accurately represents the understandingof the parties with respect to the additional cost of unlimited mentaldisability. If you concur, please indicate by signing below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU110

LETTER OF UNDERSTANDINGAugust 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Actual Hours of WorkDear Mr. O’Connor:This letter will confirm the understanding reached by the parties duringthe negotiation of the 2000-2004 collective bargaining agreementregarding the basis for calculating “actual hours of work” under ArticleXI, Section (1). This section provides that the normal work week forL2TA full-time employees consists of five work days, each consistingof seven and one-half hours of actual work per day, exclusive of an unpaidlunch break of sixty minutes and the normal work week for L2TSfull-time employees consists of five work days, each day consisting ofeight hours of actual work per day, exclusive of an unpaid lunch breakof sixty minutes. The reference to “actual hours of work” was not intendedto exclude periods of authorized leave for which an employeeis paid. Such leave is considered “actual hours of work” for purposesof Article XI, Section (1).We believe that the foregoing accurately represents the understandingof the parties with respect to the determination of “actual hours ofwork” under Article XI, Section (1). If you concur, please indicate bysigning below.Sincerely,William F. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU111

August 7, 2002Mr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Article XIX, Section 5(g)Dear Mr. O’Connor:LETTER OF UNDERSTANDINGThis letter will confirm the understanding reached by the parties duringthe 2000 negotiations regarding the effect of Article XIX, Section 5(g).During negotiations, the parties agreed to change the minimum age foran unreduced retirement benefit, for those plan participants whose ageand service total 83 years, to age fifty-five (55). However, the partiescontinue to disagree as to whether a prior agreement had changed thenormal retirement for those whose age and service actually total 83years to age sixty (60) or the prior agreement left the normal retirementage at sixty-five (65). This dispute is the subject of an outstandinggrievance.It is understood that both the Authority and Local 2 maintain theirpositions as set out in that grievance, and that such dispute is to be resolvedby arbitration of that grievance. It is also understood that:1. Notwithstanding any grievance or arbitration award regarding the“normal” retirement age under the WMATA Retirement Plan, thechange made in the most recent collective bargaining agreement willnot be construed as lowering or raising the normal retirement agebeyond the age fixed by such award. Rather, the parties agree thatthe most recent change to age fifty-five (55) is merely a change ofthe age a participant becomes eligible for an unreduced retirementbenefit under the WMATA Retirement Plan (and is not intended tochange the participants normal retirement age to fifty-five (55)).2. The parties have agreed that neither the terms of this letter, the provisionsof the 2000-2004 Collective Bargaining Agreement (insofar112

as the relate to the definition of normal retirement or the age for anunreduced retirement benefit) may be used or cited in the current(or any future) grievance (or related arbitration) regarding the issueof whether the normal retirement age under the WMATA RetirementPlan is age sixty-five (65), or age sixty (60) for those whose age andservice total 83 years. This letter will, however, be admissible in anygrievance or related arbitration only to enforce the terms of this letter.We believe that the foregoing accurately represents the understandingof the parties with respect to the dispute between the parties concerningthe normal retirement age under the WMATA Retirement Plan. Ifyou concur, please indicate by signing below.Sincerely,William F.. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU113

August 7, 2002LETTER OF UNDERSTANDINGMr. Thomas L. O’ConnorChief Shop StewardLocal 2, OPEIU8455 Colesville Road, Suite 1250Silver Spring, MD 20910Re: Family Medical LeaveDear Mr. O’ConnorThis letter will confirm our understandings reached during the 2000negotiations regarding Family Medical Leave. During negotiations, theparties agreed to meet to develop a letter of understanding regardingthe application of the Family Medical Leave Act (FMLA) leave.We believe that the foregoing accurately represents the understandingof the parties with respect to the implementation of FMLA leave underArticle XIV – General Leaves of Absence. If you concur, please indicateby signing below.Sincerely,William F.. Scott, IIAssistant General ManagerWorkforce Development & AdministrationI Concur:Thomas L. O’Connor, Chief Shop StewardLocal 2, OPEIU114