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N.o,33: Rail Operations: Part-Tune Tempomy
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""Capital Flagman
AGREEMENT
WITNESSES:
'. WHEREAS, these require adcrdional temporary manpower that will only
. be used on saId capital improvement projects; and
WHEREAS, the Is prepared to hire part-time temporary c:apltal
employee flagmen to perform flagging wotic. a sub-dasslfication within the Union's
baJ:galnlng unit; and
WHEREAS, the Union and the Authority agree that this Part- Time Temporary
Capital (PTTC) Flagmen Program for Retirees would be non-precedent setting; and
WHEREAS, the Authority and Union agree that 1he PTTC Retiree Program for
flagmen would be a worthy experiment and
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I Pn"c Flagman Agreement - Page 2
3. lnttia11yt the Authority Intends to h1re approximately twenty-five (25) flagmen for
this position. The total number of flagmen win not exceed 35 such employees.
The Authority offers no-guarantees Dr commitment as to-the length of time the
employees will work and/or the duration ofthe projects. The of
employees hired shall remain within 1I1e sole dlscretion of the Authority. Nothing
herein obligates the Authority to hire retirees for current or future capital proJects.
However. upon being hlred. said me Flagmen wllJ became Authority
employees within the Local 308 bargaining unit As such they are nsquired to
become members of the Union.
4. The Authority and Union agree that the PTTC Flagmen program provides. no
guarantees to length and tenn of PTTC Flagmen employment. At the period in
time when an employee has worked 1820 hours (An average of 35 hows per
week) and/or the capital program fUnding concludes, the PlTC Flagmen wlU be
required to resign or be admlnlstratively separated.
5. PTTO Flagmen's work assignments (hours. days of the week, and work
locations) will be assigned and structured by1he Authority. Various schedules
WOUld be set Within atwemy40ur (24) hour periOd, seven (7) days per week as
determined by1he Authority '.
6•. PTTC Ragmen will have no mintmum guarantees. Total work hours )Yin not
exceed eight (8) hours within any given day or thirty-five (35) hours per week.
Straight time wlU be paid for au hours worked.- An unpaid, thirty (30)-mlnute lunch
break is provided shOuld an employee work In excess of four (4) hours within an
elght (8) hour given period.
9. Unless required by law, PITC Flagmen are ineligible for any emoluments of
employment such as paid haltdaya, shift premium, spread time. uniformlwork
clothing/shoe allowance, vacation, healthlwelfare, sick pay, F.M.LA., etc. All
PITC Flagmen wiD be required to sign a Temporary Employment Waiver
whereby the retiree acknowledges being hlnKl for a temporary period of time.
10.The Authority will solidt applicants from the rolls of those employees
who were formerly qual'med as trackmenlflagmen. Letters will be mailed on the
1 ' same date to aD se>-quafmed retirees. Future eflgib1e retirees will be soncited at
'--- the time of retirement and/or sent letIenI of saicitatlon should a need to do so be
·determined by 1he Authority. The parties will keep in mind their mutual
commltments to the Transit Board's affinnatJve action goals.
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11.Should e1ther the Authority or Union desJre to end this experiment at a future
.. date, a letter oUntent must be sent to the other party thirty (3D) days prior to the
desired program end date. tn any case, ,this agreement shaU be reviewed twelve
. (12) months from the date of implementation.
12.. this agreement represents the fun understanding of the parties. The
agreement is non-precedent setti'ng and shaD not be used as a precedent in
, any grievance, hearing or in any legal fonrm whatsoever.
13. The parties agree that they have been afforded Bmple opportunity to review
the agreement with 1ag81 counsel.
14. The agreement wiD be effective upon fun and final stgnatul'e$ of all the parties.
Initiated by:
Contract Administration
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