SUMMARY OF TENTATIVE NATIONAL MASTER DHL AGREEMENT

Transcription

1 SUMMARY OF TENTATIVE NATIONAL MASTER DHL AGREEMENT NATIONAL MASTER DHL AGREEMENT DHL EXPRESS (USA), INC. For the Period: April 1, 2017 through March 31, 2022 Covering: operations in, between and over all of the states, territories and possessions of the United States, and operations into and out of all contiguous territory, to the extent specifically set forth herein and as may be modified from time to time by operation of the terms of this Agreement, its Operational Supplements, Regional Supplements, Local Riders, and/or other agreements reached by of the Parties. DHL EXPRESS (USA), INC., hereinafter referred to as Company or Employer and the TEAMSTERS DHL NATIONAL NEGOTIATING COMMITTEE, representing Local Unions affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, and Local Union No., which is an affiliate of the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, agree to be bound by the terms and conditions of this Agreement. The parties reserve the right to correct inadvertent errors and omissions in any portion of this Agreement (including all Supplements and Riders) Additions and new language are underlined and bold Where no reference is made to a specific Article or Section thereof, such Article and Section are to continue as in the current Agreement or Supplement, as applied and interpreted during the life of such Agreement. ARTICLE 1. PARTIES TO THE AGREEMENT Section 1. Employer Covered [NO Section 2. Unions, Operations and Employees Covered [NO Section 3. Transfer of Employer Title and Interest [NO ARTICLE 2. SCOPE OF AGREEMENT Section 1. Scope and Approval of Local Supplements [NO Section 2. Non-Covered Units [NO Section 3. Single Bargaining Unit [NO ARTICLE 3. UNION SECURITY AND CHECKOFF Section 1. Union Shop [NO Hiring [NO State or Federal Law No provision of this Article shall apply in any state to the extent that it may be prohibited by state law. If under applicable state or federal law additional requirements must be met before any such provisions may become effective, such additional requirements shall be first met. T/A Agency Shop [NO Savings Clause Section 4. New or Changed Classifications [NO If any provision of this Article is invalid under the applicable law of any state wherein this Agreement is executed, such provision shall be modified to comply with the requirements of state law or shall be renegotiated for the purpose of adequate replacement. If, however, such negotiations shall not National Master DHL Agreement Page 1

2 result in mutually satisfactory agreement, either party may submit the dispute to the National Grievance Committee, which shall issue a decision implementing one of the parties final offers. T/A Employer Recommendation [NO Future Law [NO No Violation of Law [NO Section 2. Probationary Employees [NO Section 3. Checkoff [NO Section 4. Local Union [NO Section 5. Electronic Funds Transfer [NO ARTICLE 4. UNION STEWARDS, NOTIFICATION, AND ACCESS [NO ARTICLE 5. SENIORITY RIGHTS [NO ARTICLE 6. CONFLICTING AND EXTRA CONTRACT AGREEMENTS [NO ARTICLE 7. GRIEVANCE AND ARBITRATION PROCEDURE Section 1. Definition [NO Section 2. Procedure [NO Section 3. Arbitration Step 3 Any grievance unresolved at Step 2 will be docketed to the appropriate Regional Joint Grievance Committee within ten (10) calendar days of receipt of the Step 2 answer. Absent mutual agreement, there shall be no new state or multistate panels. However, Local Unions shall have the option of electing to have a state or multi-state panel. Such election shall be binding on the Local Union for the duration of this Agreement. In staffing any state panel under this provision, the Employer shall have the option of utilizing MCLAC or DHL management from outside the region for its side of the panel. T/A The Regional Joint Grievance Committee shall be composed of two members designated by the Company and two members designated by the Union, which shall not include any Union designee or representative from the Local Union involved in the dispute or Company designee or representative from the local operations involved in the dispute. Postponements shall be by mutual written agreement between the Company and the Local Union. The Regional Joint Grievance Committee shall consider all grievances at its next quarterly meeting which are docketed at least ten (10) calendar days prior to the next quarterly meeting. Grievances may be resolved at the Regional Joint Grievance Committee level only by a majority of the members of the committee, and the resolution of any grievance by the Regional Joint Grievance Committee shall be final and binding on the Company, Union and employees. Decisions of the Regional Joint Grievance Committee shall be rendered at the time of the meeting, reduced to writing and signed by members of the Committee who participated in the deliberations and decisionmaking, and issued within ten (10) calendar days following the meeting at which the grievance was considered. If a majority of the members of the Regional Joint Grievance Committee are unable to reach agreement on the resolution of the grievance, it shall be considered deadlocked. Regional Joint Grievance Committee meetings shall be heard in the same locations and days where the Freight hearings are held, absent mutual agreement between the Parties. Records of the Regional Joint Grievance Committee hearings shall be comprised of a written transcript and exhibits. The Rules and Procedures of the Regional Joint Grievance Committee may be revised by the National Grievance Committee within 60 days of the effective date of this agreement. A fifty dollar docketing fee will be charged for each grievance that is docketed to the Regional Joint Area Committees. Such fee will be used solely to offset the cost of the hearing rooms associated with the Regional Joint Area Committees that are actually used for the hearings, including non-refundable deposits for such rooms. The docketing fee shall also apply to grievances advanced from a state panel to the Regional Joint Grievance Committee. The Employer shall establish and maintain a separate account to hold the docketing fees. TDHLNNC shall have the right to audit the account to ensure that such fees are being used solely for the purpose of paying for the hearing rooms used to conduct Regional Joint Grievance Committee hearings. Disbursements from the account are subject to approval by the regional committee cochairs. T/A Section 4. Advance Level Filing in the Case of National Disputes [NO Section 5. Grievant s Bill of Rights [NO Section 6. Time Limit for Filing [NO Section 7. Authority of Arbitrator [NO Section 8. Timely Payment of Grievances [NO Section 9. No Strike/No Lockout [NO Section 10. Union Responsibility in the Event of Unauthorized Strike [NO Section 11. Disciplinary Penalties for Violation of No Strike Clause [NO Section 12. Delinquent Health & Welfare and Pension Obligations [NO ARTICLE 8. PROTECTION OF RIGHTS [NO ARTICLE 9. LOSS OR DAMAGE [NO National Master DHL Agreement Page 2

3 ARTICLE 10. BONDS AND INSURANCE [NO ARTICLE 11. WORKERS COMPENSATION [NO ARTICLE 12. MILITARY CLAUSE [NO ARTICLE 13. PAY PERIOD [NO ARTICLE 14. POSTING [NO ARTICLE 15. UNION AND EMPLOYER COOPERATION [NO ARTICLE 16. UNION ACTIVITIES [NO ARTICLE 17. SEPARATION OF EMPLOYMENT [NO ARTICLE 18. EMPLOYER AND EMPLOYEE IDENTIFICATION [NO ARTICLE 19. SEPARABILITY (SAVINGS CLAUSE) [NO ARTICLE 20. EMERGENCY REOPENING [NO ARTICLE 21. WAGES [MODIFY CONSISTENT WITH NATIONAL ECONOMIC SETTLEMENT] ARTICLE 22. SPECIAL LICENSES AND DRUG/ALCOHOL TESTING [MODIFY CONSISTENT WITH NATIONAL ECONOMIC SETTLEMENT] For any employee required to obtain a classified or special license or security clearance requiring DOT mandated drug or alcohol testing, the Employer shall have the right to perform drug and alcohol testing of such employee consistent only in accordance with the terms set forth below and in the Appropriate Operational Supplement. of Article 35 of the 2013 National Master Freight Agreement (NMFA). T/A For any other employee covered by the terms of this Agreement, the Employer shall have the right to perform drug and alcohol testing of such employee consistent with the terms set forth below and in the Appropriate Operational Supplement, of Article 35 of the 2013 NMFA provided that such testing shall be consistent with applicable state and federal law and the Employer shall not have the right to conduct random drug testing of such employee. T/A Insert the language of Section 35, Section 3 & 4 of the revised National Master Freight Agreement (NMFA). ARTICLE 23. NON-DISCRIMINATION [NO ARTICLE 24. LEAVES OF ABSENCE Section 1. Sick Leave [NO Section 2. Eligibility Requirements for Sick Leave [NO Section 3. Bereavement/Funeral Leave [NO Section 4. Jury Duty All regular employees called for jury duty will receive the difference between eight (8) hours pay at the applicable hourly wage and actual payment received for jury service for each day of jury duty to a maximum of fifteen (15) days pay for each contract year. T/A When such employees report for jury service on a scheduled workday, they will not unreasonably be required to report for work that particular day. Time spent on jury service will be considered time worked for purposes of Employer contributions to Health & Welfare and Pension plans, vacation eligibility and payment, holidays and seniority, in accordance with the applicable provisions of the Supplemental Agreements, Regional Supplements and Local Riders to a maximum of fifteen (15) days for each contract year. Section 5. Witness Appearance Leave [NO Section 6. FMLA Leave [NO Section 7. Unpaid Personal Leave of Absence [NO Section 8. Non-Employment Elsewhere [NO ARTICLE 25. HOLIDAYS Section 1. Designated Holidays - All supplements and riders shall maintain the same holidays contained in those labor agreements in effect prior to April 1, 2008 March 31, 2017 unless otherwise set forth in the current Operational Supplements, Supplements and/or Riders. T/A Each of the Holidays shall be observed on the calendar day on which the holiday falls. If a holiday falls on Sunday it shall be observed on Monday. Monday shall be considered as the holiday. If a holiday falls on Saturday it shall be observed on Friday before. Friday shall be considered as the holiday. Section 2. Eligibility Requirements for Holiday Pay [NO Section 3. Holiday Pay [NO Section 4. Pay for Working on a Holiday [NO National Master DHL Agreement Page 3

4 Section 5. Holidays Falling During Vacation Period or Day Off [NO ARTICLE 26. VACATIONS [NO ARTICLE 27. DURATION [SEE ECONOMICS] IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of. COMPANY UNION APPENDIX A. SCOPE [NO APPENDIX B. MEMORANDUM OF UNDERSTANDING: ANTI-HARASSMENT POLICY [NO National Master DHL Agreement Page 4

5 2017 DHL Express Joint Negotiations Tentative Agreement February 9, 2018 Summary of General Monetary Agreement National and all Supplemental Agreements For the period covering April 1, 2017 through March 31, 2022 Note: The general hourly and other benefit increases are as follows and shall be applied in accordance with the appropriate Area Supplement. The following applies only to the Pick Up & Delivery and Office Clerical Operational Supplements. 1) General Wage Increases: Full-Time (Out of Progression) [TA] a) Effective April 1, 2017: $1.00 per hour b) Effective April 1, 2018: $1.00 per hour c) Effective April 1, 2019: $1.00 per hour d) Effective April 1, 2020: $1.00 per hour e) Effective April 1, 2021: $1.00 per hour Increases for Part-time employees out of progression equal to fifty percent (50%) of the applicable full time increases. (1)(a) Part-Time Non Driving Rate: [TA] Start: $ mos: $ mos: $16.50 Part-Time Driving Rate: [TA] Start: $ mos: $ mos: $21.00 If a part-timer performs driving duties for any portion of the day, they shall receive this driver s rate for all time worked that day. [TA] No employee shall suffer a reduction in wage rate as a result of this agreement. [TA] CASUALS: [NO 2) Cost-of-Living Adjustments (COLA): Add Annual COLA language change dates to reflect new agreement. The Company agrees to change the date in Article 21 Section 2 of the National Agreement regarding COLA to April 1, [TA] 3) Health & Welfare and Pension Plans: Parties agree as follows: Maintain plan participation and existing language (except as noted in following bullet point) in PUD and OC Operational Supplements (including up to $1.00 per year to be split between pension and health and welfare to cover increased contribution rates, divided per current practice in each Local Operation) with dates updated to reflect new agreement. [TA] * Clarify Article 20, Section 2 of the PUD Operational Supplement Article 19, Section 2 of the Office Clerical Operational Supplement to state that employees electing to participate in the Company health plan must elect either the Well Choice or Well Select plans. [TA] ADD NEW ARTICLE OR MOU IN PUD AND OC OPERATIONAL SUPPLEMENTS, AS FOLLOWS: The following applies only to operations covered by the PUD Operational Supplement and the Office Clerical Operational Supplement. Effective August 1, 2019, the Employer shall allocate up to an additional $.50 per hour to cover Health and Welfare contribution increases to Taft-Hartley multiemployer plans in the event that the otherwise allocated $1.00 per hour referenced in Articles 20 and 21 of the PUD Operational Supplement and Articles 19 and 20 of the Office Clerical Operational Supplement is insufficient to cover required increases in pension and health and welfare contribution rates necessary to maintain existing health and welfare benefit levels. In the event that the applicable health and welfare fund contribution increase in the benefit year beginning August 1, 2019, combined with any required pension contribution rate increase in that year, is less than $1.50 per hour, the unused portion of the additional $.50 per hour shall be banked for use, if Summary of General Monetary Agreement Page 1

6 necessary, to fund health and welfare increases in the benefit years beginning August 1, 2020, and/or August 1, [TA] Effective August 1, 2021, the Employer shall allocate up to an additional $.50 per hour to cover Health and Welfare contribution increases to Taft-Hartley multiemployer plans in the event that the otherwise allocated $1.00 per hour referenced in Articles 20 and 21 of the PUD Operational Supplement and Articles 19 and 20 of the Office Clerical Operational Supplement, combined with any remaining portion of the additional $.50 allocated on August 1, 2019, and referenced in the previous paragraph, are insufficient to cover required increases in pension and health and welfare contribution rates necessary to maintain existing health and welfare benefit levels during that year. [TA] In those Area Supplements and Local Riders where the Employer is required to participate in the Western Conference of Teamsters Pension Trust, if the increase in applicable Health and Welfare contribution rates in the benefit years beginning August 1, 2019; August 1, 2020; or August 1, 2021, is $.75 per hour or more, the Local Union shall have the option to designate up to $.25 per hour (or the maximum amount remaining in the additional $.50 allocations set forth above, whichever is less) to fund additional pension contributions during that year. [TA] 4) Sick Days/Vacations/Holidays Maintain same holidays and vacation calculations unless agreed to otherwise in Local Supplement/Rider. [TA] All part-time employees shall be entitled to a minimum of five (5) sick days paid at four (4) hours per day. All part-time employees shall be entitled to a minimum of one (1) week of vacation paid at twenty (20) hours per week. After 3 years, part-time employees shall be entitled to two (2) weeks of vacation paid at twenty (20) hours per week. [TA] Part-time employees shall be entitled to recognized holidays at four (4) hours per day. [TA] Any employee who does not utilize any sick days during any contract year will receive a $ payment with 30 days of the expiration of said contract year. [TA] 8) Tuition Assistance The Company agrees to modify Article 21, Section 3 of the National Agreement as follows: All active regular full-time and part-time employees (including those hired after April 1, 2008) who have completed the probationary period are eligible to participate in the Tuition Assistance Program ( TAP ). [TA] DHL will reimburse 100% of the cost of tuition and certain fees which apply to approved course work up to the limit of one three thousand five hundred dollars ($1,53,000) per calendar year for part-time employees. Special fees including, but not limited to parking and add/drop fees, will not be included. Tuition and fees are reimbursed to employees following their successful completion of the course(s). Courses started prior to employment with DHL will not be covered under the provisions of this policy. [TA] Upon successful completion of the course, the employee must submit a copy of the official grade reports and itemized tuition receipts to the Company. Reimbursement should be requested within sixty(60) days of the end of the school term. Requests submitted more than ninety (90) days after the end of the school term will not be eligible for reimbursement. 9) Gateway Economics As negotiated and agreed with Union Gateway subcommittee. 11) Duration Effective April 1, 2017 through March 31, 2022 (five (5) years) TA 5) Uniforms The Parties agree to replace with in Article 8, Section 2 of the PUD Operational Supplement and Article 7, Section 2 of the OC Operational Supplement. [TA] 6) Special Licenses The Parties agree to replace with in Article 22 of the National Agreement. [TA] 7) Attendance Bonus Summary of General Monetary Agreement Page 2