This is the most recent copy of our collective bargaining contract I was able to get. When I can get it, I will post the current version.
Also, in Section 10, there are some subsections that exceeded the A to Z limit. In the actual contract, these excess subsections are identified by AA, BB, and etc. However, with HTML, when you have a list go past Z, it uses the AA, AB, AC, and etc. for its excess. Where these are listed with HTML notations, they should be read as the AA, BB, CC identifications that they are in the written contract, for purposes of reference. For example, if you want to cite something in Section 10, Subsection AF as listed in this document, you would cite it as Section 10, Subsection FF.
Agreement, made and entered into this 27th day of September, 1999, by and between The Philadelphia Housing Authority, hereinafter called the 'Employer', and the Building and Construction Trades Council of Philadelphia and Vicinity - affiliated with the AFL-CIO, hereinafter called the 'Union'.
Employer recognizes Union as the sole and exclusive collective bargaining agent for all of its maintenance employees for the term of this agreement and any extension hereof.
Employer recognizes Union as a referral agency for the employment of the following maintenance employee classifications:
- Maintenance Mechanics
- Senior Maintenance Aides
- Maintenance Aides
- Maintenance Aide Trainees
(These classifications constitute the existing employee classifications for skilled and semi-skilled maintenance employees. In the event that these classifications are revised or enlarged, this Agreement is intended to cover such revised or enlarged classifications.)
Employer agrees to request Union to furnish Employer wih personnel who in the sole judgment of Employer are competent and satisfactory for any vacancies or when additional employees are needed in the foregoing maintenance employee classifications.
Employer agrees that employees who are retained in its employ after the first thirty (30) days of employment shall be members in good standing of the applicable craft union covering the work of such employees, affiliated with the Union. All persons hired by the Employer, if not a member of such applicable craft union at the time, shall, if retained after thirty (30) days, apply for membership in that craft union and shall be accepted as members thereof without discrimination in any respect including initiation fees or dues, and Union agrees that such employees will be accepted into membership by the said applicable craft union on the same terms and conditions under which other applicants for membership are accepted in said applicable craft union.
- Union agrees to furnish competent and satisfactory personnel to Employer, as hereinbefore provided in Paragraph 2, within five (5) working days of receipt of request from Employer for such personnel. If Union fails to comply with this provision, Employer reserves the right to hire employees of its own choosing from any source.
- The foregoing provision requiring Union to furnish personnel within five (5) working days of receipt of request from Employer shall not apply to seasonal temporary maintenance employees hired under provisions hereinafter set forth in paragraph 9 of this Agreement.
- Employer agrees to notify said local union of the number of temporary summer youth employees. June 15 to September 1 will be considered the Summer Youth Employment Program. There shall be no layoff of regular employees during this program. The Housing Authority will recruit 50% of the participants in any such summer program, in accordance with the union referrals provision in this contract. All summer employees will require supervision by Union personnel.
The Employer agrees to deduct monthly from the first pay received by each employee in each month the membership dues (which includes initiation fees and assessments) of the applicable craft union, and remit same to such craft union within ten (10) days after the date of the paycheck from which the deduction is made. There will be no refund of dues by the Employer because employee withdraws from the particular craft union.
The foregoing is conditioned on the particular craft union obtaining and delivering to the Employer for each such employee an assignment in writing in the form approved by the Employer, authorizing the Employer to make such deduction, which assignment shall not be irrevocable for more than one (1) year, or the term of this agreement, whichever is sooner.
Employer agrees, in the manner agreed upon between the Employer and such local, to deduct from each weekly pay due to employees who are members of Local 332, Laborer's Union, the sum of two and one-half (2 1/2) cents for each hour worked by each such employee during the week for which such pay is due and to remit the same to said Union.
The Employer shall have the sole right to determine the number and classification of the positions of its employees. The duties and responsibilities in the respective classifications shall be determined by mutual agreement. In the event of a dispute with respect to the above, it will be subject to arbitration and there will be no work stoppage pending arbitration.
In the event of promotion, all opportunities for promotions shall be posted not less than fifteen (15) working days before the job award, and the promotion shall be governed by strict seniority provided fitness and ability are otherwise equal. In the event of a demotion, permanent or temporary layoff or recall from temporary layoff, fitness and ability being equal, seniority shall prevail. It is understood that operating control shall rest with the Authority.
In the event a promoted maintenance employee is found not to have the ability to perform the work required in his promoted job within sixty (60) days from such promotion, such employee shall be placed back in his former position and shall retain his seniority at the former position from which he was promoted, except that for Maintenance Mechanics, Engineers, Firemen, Maintenance Foremen and Senior Maintenance Aides the said sixty (60) days shall be ninety (90) days.
Seniority shall be broken for the following reasons:
- Maintenance employees discharged for cause or quitting shall lose their seniority rights, provided no grievance is submitted within forty-eight (48) hours, Monday through Friday;
- If a maintenance employee who has been laid off fails to return to work within seven (7) days after having been notified by registered letter, return receipt, mailed to his last known address. A copy of each letter shall be furnished to the Union;
- If a maintenance employee is absent from work for forty-eight (48) hours without the Authority being notified;
- If a maintenance employee fails to report for work at the termination of a leave of absence unless for cause;
- After a maintenance employee has been laid off for six (6) months because of lack of work, he shall be dropped from the seniority list unless he shall notify the Authority, in writing, before the end of such six (6) month period, and monthly thereafter, of his intention to report for work when requested. Any employee so laid off shall be notified in writing of the requirements of this paragraph;
- It is agreed by both parties that during the term of this Agreement there shall be no layoffs except for those necessitated by reductions in federal funding to the Employer. The Employer will make every effort to avoid layoffs, and will consult with the Union at least thirty (30) days in advance to explore alternatives to layoffs of bargaining unit members.
- The parties agree to establish a taskforce jointly composed of representatives of the Employer and Union to meet and discuss the possibility of layoffs of bargaining unit employees at PHA and to establish procedures which would provide for an orderly process of layoff, if and when any layoffs occur. Specific language will be developed by the parties for inclusion in the collective bargaining agreement with respect to the composition and procedure for this taskforce
- The parties agree that in the event of layoffs there will be no bumping rights between job classifications represented by the various local unions covered by the agreement.
- A probationary period of sixty (60) days must be worked before an employee acquires any seniority status hereunder except that for newly hired or promoted Maintenance Mechaincs, Engineers, Firemen, Maintenance Foremen, and Senior Maintenance Aides the probationary period shall be ninety (90) days. After having served such a probationary period, seniority shall start as of the day the employee began to work, and he shall then be considered a regular employee entitled to the benefits of this agreement. During such probationary period, the Authority, at its sole discretion, shall have the right to separate such probationary employees from employment.
- Seniority shall prevail in the manner of layoff and recall after layoff. However, the normal ability to do the available work shall be considered in laying off employees. Employees shall be recalled in inverse order of their layoff, provided they have the required skills and abilities for the available position. Fitness and ability being equal, seniority shall prevail, and seniority for such purposes shall be accorded on an Authority wide basis.
Employer agrees not to dischargee or discipline any employees without good and sufficient cause; provided, however, that Employer shall have the right to discharge any new employee for any reason whatsoever during the first sixty (60) days of said employee's employment period or during the first ninety (90) days of employment of Maintenance Mechanic, Engineer, Fireman, Maintenance Foreman and Senior Maintenance Aide. In the event that Employer and Union shall disagree as to the existence of proper cause for the discharge of any employee, excepting new employees new employees discharged by the Employer within aforesaid sixty (60) or ninety (90) days from the date of their employment, the matter shall be arbitrated in the manner provided hereinafter for the arbitration of disputes between the Employer and Union.
- Where the Employer determines that the disciplinary situation does not warrant immediate suspension and/or discharge, the Employee shall receive written notification of the discipline and that intended discipline shall be scheduled to occur no sooner than ten (10) working days from the date of the written notice. This period may be used by the Employee to grieve the matter if he/she so desires. If a grievance is filed, the discipline shall be held in abeyance while is it being pursued through and including Step III of the Grievance Procedure.
- Where the Employer determines that a disciplinary situation warrants immediate suspension and/or discharge, or for an offense of a continuing nature for which discharge is the intended action, the Employee shall receive the written notification of the intended discipline as soon as it is prepared and available. In situations where the intended discipline is discharge, the Employee shall receive a ten (10) day suspension and notice of intent to discharge him/her. The discharge shall be effective at the end of the period unless a greivance is filed during said ten (10) day period, in which case the suspension shall continue in effect and the discharge shall not become effective until Step III in paragraph (1 above of the Grievance Procedure is completed, unless the parties otherwise resolve the matter before that time.
- Notice shall be given to the Union of any disciplinary action taken or to be taken.
Employer agrees to pay the wages set forth in schedule "A" attached and made a part of this Agreement. It is understood and agreed by both Employer and Union that the wages paid maintenance employees, referred to in Schedule "A", are established and determined by the Department of Housing and Urban Development as governed by the United States Housing Act of 1937 as amended
- Effective retroactive to April 1, 1999 all employees within the bargaining unit shall receive an increase of $.50 per hour, except that for classifications represented by Local 332, the amount of increase shall be $.35 per hour.
- Effective April 1, 2000, all employees within the bargaining unit shall receive an increase of $.50 per hour
- Effective April 1, 2001, all employees within the bargaining unit shall receive an increase of $.50 per hour
- Longevity: Each employee in the bargaining unit shall receive longevity pay annually in the amount of $400.00 for each five (5) years of continuous service with the Employer.
Although Employer shall notify Union of vacancies for such work at least five (5) days prior to hiring therefor, Employer shall be entitled to employ temporary employees from any source without prior referral from the Union for work from May 15 to September 30 of any year or for any part of such period. Each such employee will, however, be required, as a condition of continued employment, to join the appropriate union affiliated with Union thirty (30) days after his employment by Employer. If such employee continues to be employed after September 30 of the year of his employment, then such employee shall no longer be a temporary employee and shall be entitled to all rights of a regular employee in this agreement. All other positions whether temporary or otherwise, shall be filled in the manner set forth in paragraph 4(a) hereof. A temporary employee (other than employees hired for work between May 15 and September 30) shall be paid rates for work in accordance with the wage rates currently being paid as established by the existing contracts between local unions affiliated with the Union and Employer in the particular kind of work involved, or as shall be mutually agreed by the parties.
- Sick Leave
- Employees will be entitle to one and one-quarter (1 1/4) day of paid sick leave for each month worked. Employees will be entitled to unlimited accumulation of sick leave and may use sick leave already earned without any of the restrictions currently prevailing.
- Approved sick leave shall be charged on a half-hour basis.
- Any employee who retires after thirty (30) years of service (regardless of age) or retires at age sixty-two (62) with ten (10) years of service, or retires at age sixty-five (65) with ten (10) years of service, shall be paid a sum equal to thirty-five percent (35%) of his total accumulated sick leave, calculated at his then existing wage rate.
- Medical documentation shall be required upon the third day of absence due to non-work related illness or injury rather than the current practice of the fourth day. The effective date for the implementation of this change shall be after the Authority has secured all of the requisite approvals for this new contract and, the Authority notifies employees of this implementation
- Employees who have been employed by Employer for one (1) year or more, but less than ten (10) years, shall be entitled to four (4) months medical leave of absence without pay after they exhaust all annual and sick leave benefits. Employees who have been employed by Employer for ten (10) years or more shall be entitled to eight (8) months medical leave of absence without pay after they exhaust all annual and sick leave benefits.
- Upon requesting such leave of absence, an employee must submit a written opinon from his doctor to the Employer indicating diagnosis, treatment ad prognosis as to when the employee will be able to return to work
- During such sick leave without pay, Employer shall continue the life insurance coverage and health, dental, vision and prescription insurance coverage provided for such an employee under this agreement.
- Provided such employee is physically able to perform his work, as determined by an apprpriate medical certification, and thus return thereto at the expiration of the medical leave of absence, he shall be assigned to the classification and job location which he held prior to his illness, unless the length of the illness exceeds ninety (90) days. In such latter event, he shall be assigned to any job location designated by the Employer in the classification held immediately prior to the illness. An appropriate medical certification within the meaning of this clause shall be considered to mean: (1) a written opinion by the employee's treating physician; and (2) a written opinion by a physician appointed by the Employer. Should there be any difference of opinion between and Employer appointed physician and the employee's personal physician, the parties shall mutually agree to the appointment of third physician (at Employer's expense) whose opinion, after the examination of the employee, shall be binding on the parties.
- Failure to return to work at the expiration of the medical leave of absence will result in termination of employment.
- Medical Insurance
The Employer shall provide for all employees an alternative (at each employee's option) of one of three health plans, either the Keystone Health Plan, Independant Blue Cross Personal Choice, or QualMed. This shall include family coverage. Employees covered by one of the health plans offered by the Employer shall not pay any premiums except that:
The Employer will establish and maintain prescription insurance with benefit coverage for all employees and their dependents as part of the HMO plans. The employee/dependent co-payments applicable under the Prescription plan shall be $4.00 for generic drugs and $8.00 for brand name drugs effective the first month after the current 1999 health insurance open enrollment period.
- An employee premium co-payment shall be established for the Personal Choice health plan at a rate of 5% of that plan's monthly rates. That premium co-payment shall be based upon a tiered rating system. The effective date of said employee's deductions shall be at the beginning of the first month after the conclusion of the scheduled 1999 health insurance open enrollment period.
- The co-payment charged to employee's and eligible dependents for doctor's visits under the Personal Choice plan shall be $10.00 per visit effective in the first month after the 1999 health insurance open enrollment period.
All bargaining unit employees shall be provided dental and optical coverage, as outlined in the attachment to the parties' Memorandum of Understanding of July 9, 1984.
The Employer shall have the right to purchase the same level of health and welfare benefits from a different carrier if said benefits can be purchased at a lower cost.
Provided the Union will furnish Employer within ninety (90) days after the date of this Agreement a list of inoculations it desires Employer to give the employees, and further provided that each employee who desires any such inoculation shall consent thereto in writing and release the Employer from any responsibility or liability therefor, then each such inoculation shall be so administered to such employees at the expense of Employer.
- Jury Duty
If an employee will be called to jury duty, he shall be paid by Employer the difference between the weekly amount he receives for such jury duty and his weekly compensation for the period of such duty.
- Use of Automobile
If an employee is required to use his own automobile for travel on behalf of Employer he shall be reimbursed a sum equal to the current IRS rate for each mile of such travel, provided he furnishes a certificate of insurance showing that he maintains liability insurance at the time of the use of the automobile.
- Funeral Leave
A three (3) day paid funeral leave shall be granted to an employee in the event of the death of such employee's grandparents, father, mother, wife, child, sister or brother. The same three (3) day leave shall be granted in the event of the death of an employee's father-in-law, mother-in-law, or a blood relative other than specified herein, provided that deceased person(s) resided with the employee at the time of death.
- Wages on Layoff
An employee shall receive his full wages, less appropriate deduction, at the time he is laid off. In the event an employee is discharged, he shall receive sixty percent (60%) of his wages immediately and the remainder shall be paid by Employer on the payroll day following such discharge.
There shall be no layoffs except for those necessitated by the reductions in federal funding to the Employer. The Employer shall make every effort to avoid layoffs, and will consult with the Union at least thirty (30) days in advance to explore alternatives to layoffs to bargaining unit members.
- Performance Evaluations
Employees shall be evaluated annually by the immediate supervisor. Employees performing work outside of their classification shall be evaluated thereon at the time of their annual performance report. Evaluation shall indicate skills performed, hours involved, classification involved and degree of satisfaction, as follows: Outstanding, Superior, Satisfactory, Improvement Needed, or Unsatisfactory. All evaluations shall be reviewed with the employee involved. If the employee is dissatisfied with the performance evaluation, he shall have the right to appeal to the Director of Human Resources or his nominee for that purpose. Where ratings of the Director of Human Resources are less than "Satisfactory" and the employee is dissatisfied with such performance evaluation, he shall have the right to a grievance.
- Personnel Files
All employees shall have personnel folders which shall contain applications, performance evaluations and all other information relevant to the employee. They may be examined, after reasonable notice to the Employer, at Employer's place of business during regular business hours, with the employee's permission, by the Union on behalf of the employee.
- Grievance and Arbitration Procedure
It is mutually understood and agreed that all grievances of employees arising herein shall be dealt with as provided for in this section:
- Step I. Employees shall register grievances with the steward of the applicable craft union, who shall present such grievances informally to the immediate Supervisor or Manager. The Supervisor or Manager must resolve the grievance informally within twenty-four (24) hours.
- Step II. If the grievance cannot be resolved informally, as above provided in Step I, the Business Manager of the applicable craft union shall present such grievance herein with the employee and steward in writing to the Manager. The Manager shall confer with the departmental head and shall render a decision in writing no later than three (3) working days after the meeting with the applicable craft union.
- Step III. If unable to reach a satisfactory adjustment, as above provided in Step II, the applicable craft union shall appeal the decision of the Manager in writing to the Director of Human Resources or his designee. The Director of Human Resources or his designee shall meet with the applicable craft union within five (5) working days of receipt of the written appeal and shall render a decision in writing no later than five (5) working days after such meeting.
- Step IV. In the event the grievance is not satisfactorily adjusted, as above provided in Step III, then within the next five (5) working days either party may submit the case to arbitration.
Any and all disputes or grievances of parties or of any employee covered by this Agreement, which may arise with reference to the application or interpretation of the provisions of this Agreement, or enforcement thereon which cannot be settled directly by the parties hereto, shall, after written notice to the Department of Housing and Urban Development, be submitted to the Labor Relations Branch thereof, or under the Labor Arbitration Rules of the American Arbitration Association at Philadelphia, Pennsylvania, at the option of the submitting party, for arbitration. The decision of the arbitrator shall be final and binding. The arbitrator shall have no power to alter, amend, add to, or detract from the language of this Agreement.
- List of Hospitals
The Employer shall designate a hospital nearest to the job site for the purpose of having employees attended in an expeditious manner once arriving for threatment arising out of the performance of their duty.
- Information to be Provided Employees by Employer
- Posting Seniority Lists: A seniority list of all employees covered by this agreement, divided into the classifications recognized by this Agreement, showing name, position and date of entering service, will be posted promptly on appropriate bulletin boards accessible to all employees affected. The roster will be revised and posted in April of each year and will be open to protest and correction for a period of thirty (30) days, and upon proof of error presented by an employee or his representative, such error will be corrected.
A seniority list shall be provided the applicable craft union showing the above mentioned information for those employees whom the applicable craft represents.
- Vacation schedules will be posted, based on seniority.
- Annual and sick leave balances shall be listed on employees' payroll check stubs each week.
- Job Injuries
- An employee injured during his regular working hours shall promptly report the injury to the Employer. If necessary, the employee shall be sent to a hospital, clinic or physician's officefor treatment. The employee shall receive the regular rate of the classification being performed for the tie spent in going to the physician's office, clinic or hospital and his return to the job. If the employe is ordered by a physician to remain in the hospital, clinic, or is sent home, the employee shall be paid for the balance of the workday at the regular rate of the classification he was performing at the time of injury.
- In the event an employee is injured on the job so that he is entitled to Worker's Compensation, Employer will pay to him the difference between such Worker's Compensation and the net wages he received at the time of such injury until he shall return to work or for a period of one year after the date of the injury, whichever is the earlier date ("Period of Reimbursement"). For the first three (3) weeks after the injury, Employer shall pay to such injured employee his full net wages, provided such employee agrees in writing to deliver to Employer the Worker's Compensation checks he receives for such period. Thereafter, for the Period of Reimbursement, such employee shall be entitled to receive the difference between the amount of his weekly Worker's Compensation check and his total weekly net wages, provided he shall deliver the Worker's Compensation checks for the first three (3) weeks to Employer duly endorsed to it. Employer may at any time require such employee to irrevocably authorize the Worker's Compensation insurance carrier to forward all such Worker's Compensation payments directly to Employer.
This section shall not be applied towards any leave time.
- Tools, Machinery and Facilities
The Employer shall furnish all necessary tools and equipment and a suitable place with hot and cold running water, soap, towels and lockers as required by work assignment.
Foul weather gear, gloves and rubber boots shall be provided by Employer whenever required by work assignment.
All areas covered by the Employer shall be furnished with first aid kits. All trucks shall be furnished with first aid kits.
If uniforms of any kind are required, the Employer shall bear the sole cost.
The Employer shall pay for the replacement or repair of eye glasses broken in the performance of duty.
The Employer will, immediately, at its own expense, provide five (5) pairs of white dungarees for each member of the Painters Union, providing three (3) additional pairs to all current employees during the first year of this Agreement and by providing five (5) pairs to newly hired employees.
All employees will be furnished five (5) sets of uniforms. Employees are required to report to work in said uniform. Old and worn out uniforms will be exchanged for new ones. Employees will be responsible for the alteration and maintenance of said uniforms.
- Mechanical Work at Scattered Sites
If the work to be done is mechanical, a mechanic or senior maintenance aide or maintenance aide shall be assigned to each job truck in the scattered sites department. If no mechanic is then available, a senior maintenance aide and a maintenance aide may be assigned to such work. However, such senior maintenance aide shall be paid the mechanics rate during the time involved or for the minimum time under the agreement, whichever is the longer period.
Where the Employer, or its representative, appoints a mechanic to replace a superintendant at any time, the mechanic will receive the working foreman rate.
- Operation of Motor Driven Vehicles
An employee who rides a vehicle requiring state license plates or a vehicle with hydraulic equipment, or any vehicle driven by a motor, shall have the classification of maintenance aide. This does not include operation of jackhammers or vehicles, whether or not motor driven, pushed or walked by an employee, all of which shall be the work of laborers.
- Job Vacancies
If the job vacancy is that of Maintenance Aide, or higher, the Employer shall post notices advertising said vacancy. Authority-wide seniority along with fitness and ability shall be the governing factors for selection. All things being relatively equal, seniority shall prevail.
- Steward Recognition
The Steward shall be appointed by the authorized official of the applicable craft union and shall be recognized by Employer as having duty and right to police the terms of this Agreement and to detect violations of said Agreement and report same to the Business Manager of the applicable craft union. He shall also have the right and duty to confer with employees and confer and consult with the management in the scope of his authority. The Steward shall be allowed reasonable time to perform his duties during the course of his working hours without loss of pay. No meetings, conferences or consultations shall take place during business hours which will interfere with the continued normal operations of Employer.
The Employer shall have no right to discharge the Steward until such time that the Employer has consulted with the Business Manager and Steward of the applicable craft union. If this meeting cannot resolve the situation, the Employer and/or the Union shall proceed in accordance with the Grievance Procedure. The discharge, however, shall remain in effect, without prejudice, pending a final decision on the issue.
No Union Shop Steward shall be transferred from his position except among the projects in which he serves as Steward, without the prior approval of the Union representative.
- A working laborer foreman and a working maintenance foreman shall be appointed for all projects with five hundred (500) or more units. At other sites, for every working group of at least five (5) laborers, one (1) of the five will be a working laborer foreman.
- The working foreman in a group of laborers must be a laborer.
- In the absence of the foreman, a foreman will be appointed and paid out-of-class at foreman rates. Work performed by the employees covered by this Agreement shall not be supervised or assigned to anyone not specifically appointed by the Employer.
- The foreman shall be a member in good standing of the Union. The foreman shall be selected on the basis of seniority, fitness and ability to perform the job. All factors being equal, seniority shall be the governing factor.
- The foreman shall receive one dollar ($1.00) per hour above the basic hourly rate of the highest paid employee of the classification.
All work after eight (8) hours a day or forty (40) hours a week shall be paid at the rate of time and one-half.
- Work Classification
- If an employee is scheduled for a higher classification the day before, he will get the higher rate for the entire day working in the higher classification. If his classification is changed in an emergency the morning of employment, he will get at least one-half (1/2) day at the higher classification. If it continues into any part of the afternoon, he will get the entire day at the higher classification rate.
- An employee who works out of his classification for thirty (30) consecutive working days shall be promoted to the higher classification; however, time spent assigned to out of class work due to the absence of other employees because of annual leave or sick leave, or due to the existence of a valid emergency, shall not be counted in the computation of such thirty (30) days.
- The rate of compensation payable for vacations, holidays, annual and sick leave, etc., where an employee is temporarily working in a higher classification, shall be paid at the higher paid classification rate, provided that the employee has worked in the higher classification for thirty (30) days.
- Employees will be expected to work the required overtime when an emergency is declared by the Employer. Emergency shall be defined as any act of God or other reasons beyond the control of the Employer. If employees are called in from their home for such work, they shall be compensated for at least one-half (1/2) day's pay if they report. Emergency overtime shall be subject to the overtime and holiday provision of this Agreement.
- The provisions of this section shall also apply when the Executive Director declares that the entire Authority shall not open for normal operations on a regularly scheduled work day due to an emergency. That is, in addition to the regular days pay that employees receive through not reporting to work due to an emergency, employees who are called in (or who report and are authorized to work) shall be compensated at one and one-half times their regular rate of pay for all hours actually worked. Employees compensated under this provision shall be assured at least four (4) hours of this additional compensation.
- Weekly Paydays
Employees shall be paid weekly.
The Employer agrees that it will not diminish the work performed by its employees covered by this Agreement, by subcontracting, leasing or assigning such work beyond the present practices.
However, all alterations and additions in excess of seven thousand five hundred dollars ($7,500.00) for any project shall be subcontracted and each subcontractor shall be required to agree to pay his employees the prevailing wage rates of the respective crafts as determined by the U.S. Department of Labor for Philadelphia, Pennsylvania.
- Work "Breaks"
Each employee is entitled to a one (1) hour lunch break for each working day, one half-hour of which shall be paid. The time therefor shall be designated by the Employer.
Notice of all transfers under this procedure shall be given, in writing, to the employee with a copy of the transfer order forwarded to each respective Local Union. Transfer orders will be signed by the employee. No employee shall be transferred from one location to another without at least five (5) working days advance notice, except under emergency circumstances. Where emergency circumstances occur, however, the Employer will not transfer any employee without prior consultation with the Union. A failure to give such notice as required herein shall permit the employee to refuse a transfer without loss of wages.
- The Employer will provide an extra man or adequate security where a laborer is required to work in a high-rise building.
- An employee called in to work nights or on weekends shall have at least one other employee working with him, or other adequate security measures.
- It is understood that Union members may refuse to work, without penalty, in circumstances where inadequate security is provided.
- Heat at Scattered Site Units
Working conditions shall include sufficient heat to be maintained while men are at work indoors at scattered site units. Where working conditions permit, the Employer may utilize space heaters for aforesaid purposes.
- Operation of Trash Compactor
The Employer shall pay to a new employee who operates a trash compactor truck twenty-five cents ($.25) per hour above the rate paid to maintenance aides as set forth in Schedule A of this Agreement.
- Renewal of Engineer's License
The Employer shall reimburse any engineer for costs incurred in the renewal of any engineer's license, up to a maximum of ten dollars ($10.00).
- Tenant Involvement
A joint committee will be established with members of the Authority and the Union to meet over the next ninety (90) days to develop a plan to increase tenant work opportunities.
- Meet and Discuss
The parties agree that, as soon as it is practicable, they shall meet and discuss suggestions raised by the Employer relative to the suggested implementation of a training program for employees.
- Joint Labor Management Committee
The Joint Labor Management Committee (JLMC) shall be formed and include the senior representative of Local 332, Local 473, and District Council 21, and the General Manager of Human Resources, the General Manager of Major Systems, and one other PHA representative. That Joint Labor Management Committee shall meet on a monthly basis on a date agreeable to the parties to discuss and consider matters of mutual concern including but not limited to excessive sick leave use and control, IOD, overtime practices, shift schedules, and similar matters. This committee may make policy and procedure recommendations to the Authority but may not modify, revise or usurp the provisions of the collective bargaining agreement. Any intended change that would affect the terms and conditions of the collective bargaining agreement must be agreed upon by PHA and the BCTC. At such time as the JLMC might agree, the regular monthly meetings may be rescheduled to either bi-monthly or quarterly.
The Authority shall forward a contribution of $.15 per hour for each hour worked by employees in classifications represented by Local 332 to a training fund established and administered by Local 332. The purpose of this fund is the support and training of local-represented employees in order to improve and upgrade janitorial and maintenance skills. In consideration for this contribution, neither the Authority nor its employees shall be charged a fee for said training. Local 332 shall provide the Authority with training plan(s) to be reviewed and approved by the Authority and, with periodic progress reports for participants. In addition, the Union shall provide the Authority with an annual accounting of these training funds.
- Employees will be entitled to three (3) weeks paid vacation after the first year of employment. Vacation time, however, is earned at the rate of one and one-quarter (1 1/4) days for each month worked, and may be used as earned after the probationary period.
- Employees will be entitled to four weeks paid vacation after ten (10) years od employment. Vacation time, however, is earned at the rate of one and two-thirds (1 2/3) days for each month worked.
- Under no circumstances can vacation time be accumulated in excess of thirty-five (35) days.
- Vacation pay will be given at the start of the vacation period for periods of no less than one week upon two weeks' advance notice.
- The work week for all employees shall be five (5) consecutive days of eight (8) hours per day in a calender week. If Saturday and Sunday, or either of them, are included in a regular work week of an employee, then such employee shall receive a fifty cents ($.50) per hour premium for the entire work week.
- The Employer shall arrange for a regular rotation of weekend employment so that employees will equally share in the weekend work.
- An employee and the Union shall be given at least five (5) working days notice prior to a change in the employee's work week. Upon such notice, the Union may request a meeting with management within two working days for the purpose of discussing said change.
- Every employee shall be granted a "wash-up" time of fifteen minutes a day before the end of his daily shift.
If Senior Mechanics are employed by Employer, they shall receive a two-hundred dollar ($200.00) differential annually over and above the regular rate of a mechanic.
Employer agrees that it will employ at least the present number of painters and painter working foremen during the term of this Agreement.
- The employees shall be entitled to the following guaranteed paid holidays, regardless of the day of the week on which the holiday falls, and shall be paid a regular day's pay therefor:
- New Year's Day
- Martin Luther King's Birthday
- President's Day
- Good Friday
- Memorial Day
- Independence Day
- Labor Day
- Columbus Day
- Veteran's Day
- Thanksgiving Day
- Christmas Day
In order to be eligible for holiday pay, an employee must either work and/or be on approved paid leave status on the regularly scheduled work days before and after the holiday
- Work on the above holidays shall be paid at the rate of time and one-half, plus a regular day's pay.
- When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday; and when a holiday fall on a Sunday, the following Monday will be observed as the holiday.
- All employees shall be entitled to three (3) personal leave days for the calender year, no more than one of which can be taken in any four (4) month period. Personal leave days do not accrue and unused days are not compensable.
- The Authority and the Laborers Union have established a jointly administered Legal Services Plan for all full-time employees represented by that Local.
- The Authority shall contribute the sum of $7.00 per month for each full-time employee represented by the Local within the bargaining unit to the Legal Services Plan.
- The Authority agrees to forward a separate check to the jointly administered Plan for the toal amount of its contribution and will make its best efforts to forward the check within ten (10) working days after the pay period during which said contribution is credited. Along with the check, the Authority agrees to provide the name and employee number for each employee for whom contributions are being made.
- It is understood that said Plan shall:
- Provide quality legal services to all employees of the bargaining unit and their dependents in a manner which is designed to ensure a high degree of legal competence and service.
- Operate in an economically sound manner.
- Not be used for the institution of any legal proceedings against the Philadelphia Housing Authority or its duly authorized officials.
- Not be used for the institution of any legal proceedings against the Philadelphia Building and Construction Trades Council or Laborers Internation Union, Local 332, or any of their officers, employees, agents or representatives thereof.
- Be operated at all times in a manner consistent with the provisions, spirit and intent of the Canon of Professional Ethics of the American Bar Association, the Pennsylvania Bar Association and the Philadelphia Bar Association.
- The Pension plan, applicable to the bargaining unit covered by this Agreement, is described in full in the Plan document on file in the Human Resources Department.
- The employee and Authority contributions to the Pension Plan shall be five and one-half percent (5 1/2%) of wages.
- Interest paid on employee contributions shall be four percent (4%).
- A disability pension plan covers employees with five or more years of pension service.
- Early retirement eligibility shall be either age 50, age 45 plus 20 years of pension service, or 25 years of pension service; and the benefit reduction amount for early retirement shall be changed from two percent (2%) to one percent (1%) per year, with a maximum ten percent (10%) reduction.
- The optional normal retirement age is 55.
- Employees with ten (10) or more years in the Pension Plan shall be entitled to retire at age sixty-two (62) with full accumulated benefits. There shall be no actuarial reductions of pension benefits under this provision.
- The Employer agrees that, when future revisions in the Pension Plan are discussed or negotiated, the Union shall be notified and given an opportunity to participate in such negotiation or discussions.
All working conditions currently in effect and not modified by the terms of this agreement shall continue in full force and effect.
During the term of this Agreement, and during any period of negotiation for any renewal of this Agreement, there shall be no lockout by Employer, and no strike, stoppage of work, picketing, boycotting or any other activity by Union or with the Union's consent, instigation or sufferance, which results or is intended to result in any interruption of or interference with the normal operations of Employer.
Neither Employer nor Union shall discriminate against any employee or applicant for employment because of race, creed, color, national origin, age or sex.
The whole agreement between the parties hereto is herein written and the parties are not bound by any agreement, understandings or conditions otherwise than are specifically set forth and stipulated in this Agreement, nor shall there be any alterations or modifications to the Agreement unless made and executed in writing by the parties hereto.
- This Agreement is effective as of the first day of April, 1999 and shall remain in effect until the thirty-first day of March, 2002. It is hereby mutually agreed that either party hereto may terminate this Agreement at the end of such term by giving to the other party written notice of intention to terminate at least sixty (60) days prior thereto, but in default of such notice, this Agreement shall continue on the same terms and conditions for a further period of one (1) year and from year to year thereafter unless and until terminated by either party hereto giving the other party sixty (60) days written notice previous to the expiration of the then current term.
- The parties acknowledge that this Agreement is conditioned upon ratification by the Union membership, approval by the Philadelphia Housing Authority Board of Directors and approval by the United States Department of Housing and Urban Development.
In the event any portion of this Agreement shall be contrary to law or the rules and regulations of the Department of Housing and Urban Development under the United States Housing Act of 1937, such provision shall not be enforceable by either party. However, the remainder of this Agreement shall remain in full force and effect.
And then they signed it below that. I didn't see much reason to transcribe the signatures. I know it's a lot to read and digest (I typed and coded it, after all), but it's imperative that everyone knows what the contract does and doesn't say. An informed membership is key.