ABM Horton Plaza Collective Bargaining Agreement

Agreement

Agreement between ABM Industry Groups, LLC, dba ABM Parking Services (Horton Plaza location only), and Teamsters Local 481. Effective March 1, 2022 through January 31, 2027.

This Agreement is made and entered into as of March 1, 2022, by and between ABM Industry Groups, LLC, dba ABM Parking Services, herein referred to as the Employer, and Local 481, herein referred to as the Union, an affiliate of the International Brotherhood of Teamsters.

Article 1 - Definitions

1. “Employee” or “employees” is defined as all employees of the Employer whether employed full time, part time or short hour and on call, working within the classifications set forth in Appendix A attached hereto at Horton Plaza and made a part of this Agreement, excluding office and clerical employees, supervisory employees with authority to hire, promote, discharge, discipline or otherwise affect changes in the status of employees or effectively recommend such action.
2. Regular full time employees are defined as those who normally have a set schedule to work at least forty (40) hours per week.
3. Regular part time employees are defined as those who normally have a set schedule to work at least twenty (20) hours per week.
4. Regular part time employees are eligible for vacation pay and holiday pay.
5. Short hour employees are defined as those who normally have a set schedule to work less than twenty (20) hours per week.
6. On-call employees are defined as those who fill in on an as needed basis. They are not regularly scheduled. They can work anywhere from 0-40 hours per week and their assignments are subject to the direction of management.
7. Upon hire, employees shall be notified, in writing, of their status (full time, part time, short hour or on-call). Should this work status change for any reason, such employees shall also be notified by the Employer in writing. Notice of change in work status shall be provided to the Union office on a monthly basis.
8. Any employee currently not classified as full time who works on average thirty (30) hours or more per week during the preceding twelve (12) month measurement period will be reclassified to full time beginning the first day of the following month. Any employee currently not classified as part time and who works a set schedule of twenty (20) hours or more a week for six (6) consecutive months will have their work status changed to part time.

Article 2 - Recognition

The Employer recognizes the Union as the exclusive representative for all parking employees of the Employer in the classifications shown in Appendix A at the Horton Plaza location for the purpose of collective bargaining. This Agreement shall cover all such employees.

Article 3 - Union

1. Only Union members shall be retained in employment. For the purposes of this section, “Union members” shall be defined to mean employees who tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership. All employees covered by this Agreement will be or become members in good standing of the Union. Employees must become a member of the Union by the end of the succeeding payroll period after thirty-one (31) days from the date the employee starts to work.
2. All employees, upon hire, will be requested to sign an authorization for payroll deduction form and the Employer shall deduct from the wages of each employee an amount equal to the regular monthly dues and the amount of the initiation fee of the Union. Such deductions shall be made on the pay day immediately preceding the end of the calendar month, to be applied to the following month's dues, and shall be transmitted together with a list of the names of the employees from whose pay deductions are made.
3. The Employer agrees to deduct from the paycheck of any employee covered by this Agreement voluntary contributions to DRIVE. The Employer shall remit on a monthly basis to Local 481 DRIVE, in one lump sum, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that employee's check.
4. The Employer shall, on or before the fifth (5th) of the month notify the Union of all new hires during the previous month.
5. Upon hiring or rehiring an employee covered by this Agreement, the Employer shall provide the employee with a Union registration form setting forth the hire date, classification, and pay rate and direct the employee to convey the form to the Union office within fourteen (14) calendar days. Upon registration, the Union shall endorse the form and return a copy to the Employer.
6. The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with any of the provisions of this Article, or in reliance on any list, notice or assignment furnished by the Union.
7. The Employer agrees to provide suitable space for a Union bulletin board, located at a place mutually determined by the Employer and the Union. Postings by the Union on the board are to be confined to official business of the Union.
8. The Employer agrees, subject to landowners' approval, to display to the public the Union shop card, which shall be furnished by the Union.
9. Employees shall have the right to wear Union buttons.

Article 4 - Nondiscrimination

Neither the Employer nor the Union, in carrying out their obligations under this Agreement, shall discriminate in any manner whatsoever against any employee because of race, sex, religious affiliation, nationality, physical disability, veteran status, or age.

Article 5 - Probationary Period

Upon hire all employees will undergo an initial 120 calendar day review period during which each employee will be closely observed to determine if they can adapt to the varying pressures of the business and are able to learn and adhere to Company policies. Employees may be terminated at any time during this period without recourse through the grievance procedure.

Article 6 - Seniority

Seniority is defined as an employee's length of continuous service with the Employer within the bargaining unit, measured in calendar days from the first day the employee actually worked for the Employer on or after the employee's most recent date of hire. Seniority shall not accrue to a probationary employee until completion of the probationary period set forth in Article 5, at which time the employee shall possess seniority as defined in this paragraph.

Seniority shall be applicable only as expressly provided in this Agreement. Any employee transferred to any location or facility of the Employer will carry all seniority heretofore established. The rule of seniority shall also apply to requests for time off. As new jobs or vacancies become available, employees in seniority order may be given the opportunity to fill such open job or vacancy if they apply to the Employer, provided the senior employee is capable to perform the work as determined by the Employer.

Seniority shall be broken by discharge for cause unless reinstated through the grievance procedure, voluntary resignation or quit, failure to return to work after a leave of absence or failure to report for work within five (5) calendar days after notice of recall, retirement, or layoff if not recalled within six (6) months, unless Federal, State, County, City or any other government entity requires closure or opening of the Horton Plaza site at reduced capacity beyond six (6) months, but in no cases longer than 12 months (unless employee declines a valid job recall).

Any reduction in force due to automation or other lack of work shall be by seniority within job classification. The last employee hired within a job classification shall be the first employee laid off. The Employer will determine the timing of layoffs, the number of employees to be laid off, and in which job classifications layoffs will occur. If the Employer determines to fill a vacancy in the job classification from which employees have been laid off, such employees shall be recalled in the reverse order of layoff. The Employer will determine the best procedure for notice of recall. An employee laid off in one job classification may not bump an employee with less seniority in a different job classification.

Article 7 - Work Week

1. The Employer shall use its best efforts to provide all full time employees with a schedule of no less than forty (40) hours in each work week.
2. The provisions of this Article shall not apply where no work is available due to any emergency or lack of work beyond the control of the Employer.

Article 8 - Pay Period and Payroll Deduction

1. Employees shall be paid weekly or biweekly or semi-monthly.

Article 9 - Working Hours and Overtime

1. Reporting time pay:

   1. Each workday an employee (full time or part time) is required to report and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more four (4) hours, at the employee's regular rate of pay. This section shall not apply to employees who either quit, are suspended immediately for disciplinary reasons, or are discharged after they report for work or to the employee who themselves take time off during the course of the day when not required by the Employer. At the option of the Employer, this section shall not apply to employees reporting late for work. If a regular full time employee is late for work and a substitute is called, that employee may be laid off for that day without compensation. This section does not apply to short hour and on call employees.
   2. If an employee is required to report to work a second time on any work day and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee's regular rate of pay.
   3. The foregoing reporting time pay provisions are not applicable when operations cannot commence or continue due to threats to employees or property, when recommended by civil authorities, when public utilities fail to supply electricity, water, or gas, when there is a failure in the public utilities or sewer system, or when the interruption of work is caused by an act of God or other cause not within the Employer's control.
2. Employees covered by this Agreement shall be compensated at one and one-half (1-1/2) times their regular straight-time hourly rate for all authorized work performed in excess of forty (40) hours in any workweek, or eight (8) hours in any workday. Hours worked in excess of twelve (12) in any one work day shall be paid at the rate of two (2) times the employee's straight-time hourly rate.
3. Ten-hour work day: the Employer may schedule individual employees for a four-day work week of ten hours per day with all forty (40) such hours at the regular rate of pay and without any overtime premium if permitted by law. When such scheduling and work on a four day, ten-hour day occurs, Section 2 shall not apply insofar as it requires premium pay at one-half for hours worked in excess of eight in any one work day.
4. Overtime premium payments shall not be duplicated or pyramided for the same hours worked or paid for under any of the terms of this Agreement.
5. Employees shall have a paid rest break of ten (10) minutes during each four-hour work segment. The time of such break shall be determined by the Company as close to the middle of such four-hour work segment as practicable. In addition, employees who work more than six (6) hours shall be entitled to an unpaid, uninterrupted thirty (30) minute meal break.

Article 10 - Vacations

Regular full time employees accrue paid vacation based on the number of hours worked. Regular part time employees accrue vacation hours according to a pro-rata amount based on the amount of hours worked each pay period in proportion to full time employees. Short hour and on call employees are not eligible for paid vacation. Vacation time may accrue up to a maximum of one and one-half times the team member's current annual rate of accrual. Once this cap is reached, no further vacation time will accrue until some vacation time is used.

Vacation is accrued at the following schedule:

• 0-6 months: nothing accrues
• 7 months - 1 year: 1 week accrues
• 2 years - 4 years: 2 weeks accrue
• 5 years - 15 years: 3 weeks accrue
• 16 years - 20 years: 4 weeks accrue
• 21 years and beyond: 5 weeks accrue

Vacation accrues while the employee is working so that after one year of employment, the employee will have available one week of paid vacation. After two (2) years of employment, the employee will have available two (2) weeks of paid vacation, and so on. Vacation accruals will be based on the number of all hours worked to a maximum of forty (40) hours per week, including compensated time off for holidays, vacations and sick leave. Employees shall receive their full accrual amount according to the schedule above. Payment for all accrued vacation time shall be made in a manner consistent with federal and state laws. Upon termination, all accrued vacation is due and payable to the employee.

Article 11 - Holidays

1. Upon completion of one hundred twenty (120) days of service (effective March 1, 2022), part-time and full-time employees will be granted nine paid holidays: New Year's Day, Martin Luther King's Birthday, Easter Sunday, Memorial Day, July 4th, Floater Day, Labor Day, Veterans Day (observed), Thanksgiving Day, and Christmas Day. Upon completion of two years of service, part-time and full-time employees will be granted a tenth paid holiday on the employee's birthday.
2. Employees who qualify for the above-mentioned holidays and who are required to work shall receive the holiday pay in addition to the regular compensation as provided for in this Agreement for their services on the holiday. If any of the holidays fall within an employee's vacation period, the employee shall receive an extra day's pay or an extra day of vacation with pay.
3. To be eligible for a holiday, an employee must be available for work on the work day proceeding the holiday, day of the holiday, and the work day following the holiday, unless otherwise mutually agreed upon by the employee and Employer.
4. Should any of the specified holidays fall on Sunday, the following Monday shall be considered the holiday, with exception of Easter Sunday.

Article 12 - Health and Welfare

1. The Employer hereby agrees to offer a comprehensive health and welfare plan (including a Kaiser option or comparable HMO plan) for eligible employees exclusive of dependents. Employees shall contribute the following per pay period for the life of this agreement based upon plan choice and upon ratification:

   • Kaiser (or comparable HMO plan) Basic: $15.00 ($0 for employees hired prior to December 1, 2012)
   • Kaiser (or comparable HMO plan) Premium: $20.00
   • Cigna (or non-Kaiser plan) Basic: $25.00
   • Cigna (or non-Kaiser plan) Premium: $30.00

   Eligible employees are defined as regular full-time employees who are regularly scheduled to work at least thirty (30) hours a week. Should Federal, State or City regulations change affecting health care mandated eligibility, the Employer and the Union agree to meet and reopen negotiations on the subject of Health and Welfare eligibility. The Employer further must offer dependent coverage to all eligible employees. This plan must be maintained in full force for the term of this Agreement. The Employer stipulates and agrees that under said health and welfare plans, benefits will be provided to eligible full-time and part-time employees and their dependents on the first of the month following 60 consecutive days of employment with the Employer.

2. The Employer shall, upon request, notify the Union of the names of all employees covered during the preceding month by the health and welfare plan.

Article 13 - Sick Leave

All employees will accrue paid sick leave at the rate of one (1) hour per every thirty (30) hours worked, up to a maximum of eighty (80) hours that can be used for any of the reasons provided for in the City of San Diego Earned Sick Leave and Minimum Wage Ordinance. Unused sick days will be carried over year to year to a maximum of 10 days. Sick leave may be taken in increments of one hour. Unused sick leave is not paid out upon termination of employment. If an employee is absent for three (3) days or more, the Company may require verification of illness and a certification of the employee's fitness to return to work from a physician before sick pay can be honored. Sick leave will not be granted if all sick time has been taken.

Article 14 - Bereavement Leave

All full-time and part-time employees who have completed one (1) year of continuous service may be granted leave with pay not to exceed three (3) days for the purpose of attending a funeral, making arrangements therefore, or taking care of other matters related to the death of a member of an employee's family. Such leave should be requested and will be granted in relation to the leave time actually required. For purposes of this section, immediate family shall consist of a spouse, registered domestic partner, father, mother, grandparents, grandparent of spouse or registered domestic partner certified by the State of California, current mother-in-law, current father-in-law, stepparents, stepchildren, brother, sister, son or daughter. Verification of death may be required.

Article 15 - Maternity Leave

It is understood that maternity leave shall be granted with no loss of seniority for such period of time as the doctor shall determine that she is physically unable to return to her normal duties. Maternity leave must comply with applicable federal and state laws.

Article 16 - 401(k) Plan

The Employer hereby agrees to offer a 401(k) plan to eligible employees. In the event the payment is made to a 401(k) or profit-sharing plan, the Employer and its plan administrator(s) shall have complete discretion over the administration, design and features of such plan, and the Union waives bargaining of such issues.

Article 17 - Uniforms

The Employer agrees that if any employee is required to wear any kind of uniform as a condition of continued employment, such uniforms shall be furnished by the Employer at no cost to the employee. The employee will be held responsible for these items except for normal wear and tear.

Article 18 - Disciplinary Actions

1. The following disciplinary procedure will apply to all infractions of related work rules except those set forth in Section 2. On first offense, the employee will be given a written warning notice. Such notice shall expire after 12 months provided that there is no additional violation of a similar nature in the 12-month period following the written notice. On second offense, disciplinary suspension (with written notice). On third offense, the employee may be discharged (with written notice). Appeal of any disciplinary procedures, including discharge, shall be made through the grievance procedure provided in this Agreement.

2. The Employer shall not discharge an employee without just cause. When an employee is discharged, the full reason must be provided to the employee in writing and a copy to the Union. No warning notice need be given if the cause for discharge includes, but is not limited to, the following:

   1. Team members are prohibited from manufacturing, cultivating, distributing, dispensing, possessing or using illegal drugs (including marijuana) or other unauthorized or mind-altering or intoxicating substances while on employer and client property (including parking areas and grounds), or while otherwise performing their work duties away from the employer or during lunches and breaks. Included within this prohibition are lawful controlled substances, which have been illegally or improperly obtained. This does not prohibit the possession and proper use of lawfully prescribed drugs taken in accordance with a prescription. Team members are also prohibited from having any such illegal or unauthorized controlled substances in their system while at work (including marijuana), and from having excessive amounts of otherwise lawful controlled substance in their systems. All team members are prohibited from distributing, dispensing, possessing or using alcohol while at work or on duty. Furthermore, off-duty alcohol use, while generally not prohibited, must not interfere with a team member's ability to perform the essential functions of their job.
   2. Failure of detective test, theft of company, customer, employee, or vendor's property or monies, total claim in excess of $5,000, any claim during the first 120 days of employment, two claim damages within a twelve (12) month period, employee failure to follow key handling and safety protocols which results in vehicle being stolen, excessive rudeness to customers or clients (failure to conduct oneself professionally), failure to call in sick prior to a shift, and gross insubordination.
   3. Possession of stolen property, firearms, knives, bats, pipes, or any other weapons that could cause bodily harm on the Employer's and Client's property (including parking areas and grounds), or while otherwise performing their work duties away from the Employer or during lunches and breaks.
   4. Actual or verbal threats of physical violence towards persons or property. Fighting, hitting, pushing or otherwise striking another person while on company or company managed premises, or while on company time or arising out of company business relations. Horseplay or any other action that endangers others, company property, or disrupts work.
   5. Recording another team member's time card. Falsification of one's time card or attempting and causing another team member to falsify, alter, or tamper with a time card.
   6. Making material omission on company forms, records or reports including but not limited to employment applications, payroll, financial or Employer, client and customer records.
   7. Sleeping while on duty.
   8. Violation of the company's policy against harassment or discrimination.

Article 19 - Grievance Procedure

All questions, disputes and controversies arising under this Agreement, or any supplement hereto, shall be adjusted and settled in the manner provided in this Article, unless otherwise expressly provided in the Agreement.

The procedure of such adjustment and settlement shall be as follows:

1. Step 1: Any grievance of an employee shall first be taken up, informally, between such employee and the immediate supervisor.
2. Step 2: Failing settlement under Step 1, the grievance will be reduced to writing, signed by the complainant and presented by the Union Representative to the Human Resources Manager not later than ten (10) calendar days after the grievance arose except in the case of discharge, discipline or alleged seniority provision violation in which case the grievance must be presented within five (5) calendar days of said discharge, discipline or seniority provision violation. The response of the Human Resources Manager to the written grievance must be given within fourteen (14) days from the date it is received by the Human Resources Manager, unless an extension of time is mutually agreed upon by both parties.

Mediation

If the dispute is not resolved at any of the previous steps, the parties may appoint a Mediator from the California Mediation and Conciliation Service to hear the dispute and recommend a settlement to the parties. Such recommendation shall be made in writing immediately upon the conclusion of the hearing or within ten (10) working days thereafter, unless the Mediator requires additional time. If either party objects to the Mediation step, they may refer the matter to Arbitration. The Union and Employer agree that written warnings shall not be referred to Mediation/Arbitration unless said warning(s) is relied upon to support a subsequent and timely suspension or discharge. The employee must file a timely grievance(s) on a disputed warning notice(s) in order for a Mediator/Arbitrator to adjudicate them.

Arbitration

1. If the parties cannot agree on an Arbitrator, said Arbitrator shall be selected from a list of seven (7) names furnished by the Federal Mediation and Conciliation Service, with each side alternately striking one (1) name in order to reduce the list to one (1) person.
2. The fees and expenses of an Arbitrator will be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
3. Limitation of the power of the Arbitrator: The powers of the Arbitrator are limited as follows: they shall have no power to add, subtract from or modify any of the terms of any Agreement. They shall have no power to establish wage scales or, except as they are herein specifically empowered, to change any wage.
4. The decision of the Arbitrator shall be final and binding on all parties.

Article 20 - Business Agent

The business representative or an authorized agent of the Union shall be permitted to visit the place of employment of an employee at any time for the purpose of checking employee's credentials or to gain information concerning matters involved in this Agreement, provided that such representative or agent shall not interfere with the operations of the Employer, shall first request permission of Employer and shall be accompanied by Employer, if Employer so desires.

Article 21 - Management Prerogatives

Subject to the terms of the Agreement, it is understood and recognized that management retains the sole right to determine, without further bargaining with the Union, the type of operations of the Employer, the location of and the schedules of work hours, the methods, processes and means of work, new work processes and procedures, and the need to subcontract work. The Employer reserves the right to transfer employees from one work location to another.

Article 22 - Production

There shall be no work stoppage, no strike, nor any other form of economic reprisal, or lockout during the term of this Agreement. Violation of this clause shall not be subject to the grievance procedure and either party may seek to enjoin such violation through court process.

Article 23 - Union Prerogatives

Should there be any dispute between the Employer and any other Union having bargaining rights with the Employer, which results in an authorized picket line at the place of employment of such pickets, it shall not be cause for discharge or disciplinary action in the event an employee refuses to cross a lawful picket line that has been sanctioned by Joint Council of Teamsters No. 42.

Article 24 - Cooperation

Upon request, the Union agrees to cooperate with the Employer in matters involving governmental rules and regulations, where they affect the business of the Employer, their ability to provide employment, and to pay the wage scale agreed upon.

Article 25 - Job Classifications and Wage Rates

The job classifications and minimum wage rates for all employees covered by this Agreement shall be as set forth in Appendix A attached hereto and made a part of this Agreement.

Article 26 - Term of Agreement

1. This Agreement shall remain in full force and effect from March 1, 2022 until midnight January 31, 2027, and shall automatically renew itself from year-to-year unless written notice of termination is given by either party to the other party not less than sixty (60) days prior to the expiration hereof or any annual renewal. In the event either party desires to negotiate amendments or modifications, written notice of such intention shall be given to the other party not less than sixty (60) days prior to the expiration hereof or any annual renewal. During negotiations on such modification or amendments, the terms hereof shall remain in full force and effect. Provided, however, that if agreement on modifications or amendments has not been reached before the expiration hereof or of any renewal periods hereof, either party may thereafter terminate the entire Agreement by giving ten days written notice of its desire to do so.
2. In the event that any of the foregoing clauses in this Agreement conflict with state or federal laws, either party to this Agreement can, upon ten days written notice, reopen this Agreement for the purpose of amending, deleting, or modifying all clauses in question.
3. This Agreement represents a full and complete understanding as to wages, hours and other conditions of employment and any and all documents presently in existence are hereby superseded and canceled in their entirety.

Execution

In witness whereof, the parties hereto have executed this Agreement the day and year first above written.

Agreed for the Employer: ABM Industry Groups, LLC by Arnold Klauber. Date: 3/25/2022.

Agreed for the Union: Teamsters Local 481 by Victor D. Torre. Date: March 25, 2022.

Agreed for the Union: Elizabeth Lopez. Date: March 25, 2022.

Appendix A - Wage Rates

Wage rates for Cashiers, Traffic Directors, Attendants, Non-Class B Shuttle Drivers, Maintenance, and Ambassadors:

The Company reserves the right to increase an employee's wage rate beyond the minimum wage scale above.

Wage rates for Valets, Bell Person and Door Person:

The Company reserves the right to increase an employee's wage rate beyond the minimum wage scale above.

Employees assigned to the graveyard shift of which at least four (4) hours fall between the hours of 11:00 p.m. and 7:00 a.m. shall receive an additional one dollar ($1.00) per hour above their regular rate for all hours worked for the entire shift duration of their shift.

In the event of a local, city, county, state or federal minimum wage increase above the start rates listed in Appendix A, ABM Parking Services and the Union may open discussions regarding a possible change to the wage table in Appendix A. However, ABM Parking Services is under no obligation to grant a wage increase beyond that which is required by law.

Lead Pay and Valet Captain Pay

The Company may appoint a Lead or Valet Captain up to one (1) per shift. This person shall not have the authority to hire, fire or discipline. Employees appointed as Leadpersons or Valet Captains shall receive a minimum of an additional seventy cents ($0.70) per hour over the amount due under the wage scale shown above. The Company shall have the sole discretion in the appointment of Leadpersons and Valet Captains.

Heavy Duty Maintenance Pay

In recognition that some locations require heavy maintenance duties, employees shall receive an additional fifty cents ($0.50) per hour while performing such duties (use of heavy duty power tools, installing poles, restriping lots, replacement of wheel stops at gates, re-patching holes with asphalt or concrete and climbing more than 10-feet on a ladder to perform duties).