ACE Airport Shuttle Collective Bargaining Agreement

Agreement

This Agreement, made and entered into as of the first day of January 1, 2022, by and between Ace Parking Management, Inc., herein referred to as the Employer, and Local 481, hereinafter 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, short hour, or on call, working within the classifications set forth in Appendix A, excluding office and clerical employees, supervisory employees with authority to hire, promote, discharge, discipline, or otherwise affect changes in status 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, can work anywhere from 0–40 hours per week, and their assignments are subject to management’s direction.
7. Upon hire, employees shall be notified in writing of their status (full-time, part-time, short hour, or on-call). If status changes, employees shall be notified by the Employer in writing, and the Union office will receive notice of changes monthly.
8. Any employee 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 not classified as part-time who works a set schedule of twenty (20) hours or more a week for six (6) consecutive months will have their status changed to part-time.

Article 2. Recognition

The Employer recognizes the Union as the exclusive representative for all shuttle employees of the Employer in the classifications shown in Appendix A in the County of San Diego 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. Employees covered by this Agreement will be or become members in good standing of the Union by the end of the succeeding payroll period after thirty-one (31) days from the date the employee starts work.
2. Upon hire, employees will be requested to sign an authorization for payroll deduction. The Employer shall deduct regular monthly dues and initiation fees from wages and transmit them with a list of employees from whom deductions were made.
3. The Employer agrees to deduct voluntary contributions to DRIVE and remit them monthly to Local 481 DRIVE with the employee’s name, social security number, and amount deducted.
4. The Employer shall, on or before the fifth (5th) of the month, by mail, notify the Union of all new hires during the previous month.
5. Upon hiring or rehiring, the Employer shall provide the employee with a Union registration form showing hire date, classification, and pay rate, and direct the employee to deliver it to the Union office within fourteen (14) calendar days. The Union will endorse the form and return a copy to the Employer.
6. The Employer agrees to provide suitable space for a Union bulletin board, located at a place mutually determined by the Employer and the Union, for official Union postings.
7. Subject to landowners’ approval, the Employer agrees to display to the public the Union shop card furnished by the Union.
8. Employees shall have the right to wear Union buttons.

Article 4. Nondiscrimination

Neither the Employer nor the Union shall discriminate 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 one hundred twenty (120) calendar day review period during which each employee will be observed to determine adaptability, learning, and adherence to Company policies. Employees may be terminated at any time during this period without recourse through the grievance procedure.

Article 6. Seniority

1. 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 worked following the most recent date of hire. Seniority accrues after completion of the probationary period. Employees transferred to any location/facility of the Employer will carry established seniority. Seniority applies to time-off requests and opportunities to fill vacancies when qualified. Seniority is broken by discharge for cause (unless reinstated), voluntary resignation, failure to return from leave or report within five (5) days after recall notice, retirement, or layoff not recalled within six (6) months unless government orders extend closures beyond six months and the employee declines a valid recall. Reductions in force due to lack of work shall be by seniority within job classification, with the last employee hired within a classification laid off first. The Employer determines timing, number, and job classifications affected. Recalls fill vacancies in reverse order of layoff, and the Employer determines recall notice procedure. An employee laid off in one classification may not bump an employee with less seniority in a different classification.
2. When a vacancy in a position or work schedule becomes available (or the workforce increases), it shall be subject to bid by all eligible employees. The open position shall be filled by the most senior bidder according to Company seniority.
3. The opening created by Section 2, if any, shall be subject to bid by all eligible employees and filled by the most senior bidder according to Company seniority.
4. Subsequent openings, if any, shall be filled by seniority among employees who participated in the prior bid under Section 3.
5. Only employees who have worked their current schedule for at least ninety (90) days are eligible to bid on an open position or work schedule. The Company and Union will maintain seniority lists by classification, prepared and posted every six (6) months and made available to the Union upon request.

Article 7. Guaranteed Work Week

1. The schedule of work for all full-time employees shall be not less than forty (40) hours in each workweek.
2. This provision does not apply where no work is available due to an emergency beyond the Employer’s control. Disputes as to the occurrence of an emergency shall be settled through the grievance procedure.

Article 8. Pay Period and Payroll Deduction

1. Employees shall be paid weekly, biweekly, or semi-monthly.
2. Any employee through the Union may avail themselves of the grievance procedure to contest any action taken by the Employer pursuant to this Article, and the Employer agrees to abide by the decision rendered.

Article 9. Working Hours and Overtime

1. Reporting pay:

   1. Employees (full-time or part-time) required to report and who are not put to work or are furnished less than half their usual or scheduled day shall be paid for half the usual or scheduled day, but not less than two (2) hours nor more than four (4) hours, at the regular rate. This section does not apply to employees who quit, are suspended or discharged after reporting, take time off during the day when not required, or report late when the Employer exercises the option not to apply the rule. Short hour and on-call employees are excluded.
   2. If an employee is required to report to work a second time on any workday and is furnished less than two (2) hours of work, the employee shall be paid for two (2) hours at the regular rate.
   3. Reporting time pay provisions are not applicable when operations cannot commence or continue due to threats to employees or property, recommendations by civil authorities, public utility failures, or acts of God or other causes outside the Employer’s control.
2. Employees shall be compensated at one and one-half (1½) times their regular straight-time hourly rate for 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 workday shall be paid at two (2) times the straight-time hourly rate.
3. Ten-hour workday: The Employer may schedule a four-day workweek of ten hours per day with all forty (40) hours at the regular rate of pay and without overtime premium if permitted by law. When such scheduling occurs, Section 2 does not apply to require premium pay for hours over eight (8) in a workday.
4. Overtime premium payments shall not be duplicated or pyramided for the same hours worked or paid for under the terms of this Agreement.
5. Employees shall have a paid rest break of ten (10) minutes during each four-hour work segment, scheduled near the middle of the segment where practicable.

Article 10. Vacations

Regular full-time employees accrue paid vacation based on hours worked. Regular part-time employees accrue vacation on a prorated basis based on hours worked each pay period in proportion to full-time employees. Short hour and on-call employees are not eligible. Vacation may accrue up to one and one-half times the team member’s current annual rate of accrual; once the cap is reached, no further vacation accrues until time is used.

Vacation accrual schedule:

• 0–6 months: no accrual
• 7 months–1 year: 1 week
• 2–4 years: 2 weeks
• 5–15 years: 3 weeks
• 16–20 years: 4 weeks
• 21 years and beyond: 5 weeks

Vacation accrues on all hours worked up to forty (40) per week, including compensated time off for holidays, vacations, and sick leave. Employees receive their full accrual amount and accrued vacation is paid out upon termination consistent with federal and state laws.

Article 11. Holidays

1. Upon completion of sixty (60) days of service (one hundred twenty (120) days effective January 1, 2017), part-time and full-time employees will be granted ten paid holidays: New Year’s Day, Martin Luther King’s Birthday, Easter Sunday, Memorial Day, July 4th, Labor Day, Veterans Day (observed), Thanksgiving Day, Day After Thanksgiving, and Christmas Day. Upon completion of two years of service, employees will be granted an eleventh paid holiday on the employee’s birthday.
2. Employees required to work on a holiday shall receive holiday pay in addition to regular compensation for their services. If a holiday falls 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 workday preceding the holiday, the day of the holiday, and the workday 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 agrees to provide a comprehensive health and welfare plan (including a Kaiser option or comparable plan) at the Employer’s expense for eligible employees, exclusive of dependents. Employees shall contribute the following per pay period for the life of the Agreement based upon plan choice and upon ratification:

   • Kaiser (or comparable HMO plan) Basic: $15.00 (or $0 for employees hired prior to January 1, 2017)
   • Kaiser (or comparable HMO plan) Premium: $20.00
   • United Healthcare (UHC) Basic: $25.00
   • United Healthcare (UHC) Premium: $30.00
   • Simnsa: $0

   Eligible employees are those who average at least 30 hours per week or 130 hours per month in the preceding 12-month measurement period. The Employer must offer dependent coverage to all eligible employees, and benefits begin the first of the month following the third calendar month (90 calendar days).

2. In the event of any violation of this section, the Union is released from its obligations under Article 22. Any economic action on account of such breach shall not be deemed a violation of this Agreement.
3. The Employer shall, on or before the fifth (5th) of the month, by mail, 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 five (5) paid sick days per year in compliance with the San Diego Earned Sick Leave and Minimum Wage Ordinance that can be used for illness, injury, or medical appointments of the employee or their child, parent, or spouse. Unused sick days carry over year to year to a maximum of ten (10) days. Sick leave may be taken in one-hour increments. Unused sick leave is not paid out upon termination. If an employee is absent for three (3) days or more, the Company may require verification of illness and certification of fitness to return to work.

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 to attend a funeral, make arrangements, or take care of other matters related to the death of a member of an employee’s family. Immediate family includes 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

Maternity leave shall be granted with no loss of seniority for such period of time as the doctor determines the employee is physically unable to return to normal duties. Maternity leave must comply with applicable federal and state laws.

Article 16. 401(k) Plan

The Employer agrees to offer a 401(k) plan to eligible employees no later than January 2003.

Article 17. Uniforms

If any employee is required to wear a uniform as a condition of 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:

   • First offense: written warning notice (expires after 12 months if no additional similar violation occurs).
   • Second offense: disciplinary suspension with written notice.
   • Third offense: may be discharged with written notice.

   Appeal of any disciplinary procedures, including discharge, shall be made through the grievance procedure.

2. The Employer shall not discharge an employee without just cause. The full reason must be provided in writing to the employee and the Union. No warning notice is required if the cause includes, but is not limited to:

   1. Prohibited drug or alcohol conduct, including manufacturing, cultivating, distributing, dispensing, possessing, or using illegal drugs (including marijuana) or other unauthorized substances while on employer or client property, while performing duties, or during breaks. This includes having such substances in their system while at work or excessive amounts of lawful controlled substances in their system.
   2. Failure of detective test, theft of company, customer, employee, or vendor property or monies, any claim in excess of $6,750, any claim during the first 120 days of employment, two at-fault claim damages within a twelve (12) month period, excessive rudeness to customers or clients, failure to call in sick prior to a shift, or gross insubordination.
   3. Possession of stolen property, firearms, knives, bats, pipes, or other weapons that could cause bodily harm on employer or client property or while performing duties.
   4. Actual or verbal threats of physical violence toward persons or property; fighting, hitting, pushing, or otherwise striking another person while on company premises, on company time, or arising out of company business relations; horseplay or actions that endanger others, property, or disrupt work.
   5. Recording another team member’s time card; falsification of one’s time card; or attempting to cause another team member to falsify, alter, or tamper with a time card.
   6. Making material omissions on company forms, records, or reports including employment applications, payroll, financial, employer, client, or 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 shall be adjusted and settled in the manner provided in this Article unless otherwise expressly provided.

1. Step 1: Any grievance of an employee shall first be taken up, informally, between the 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 Personnel Director not later than ten (10) calendar days after the grievance arose (five (5) calendar days in cases of discharge, discipline, or alleged seniority provision violation). The Personnel Director or designee must respond within fourteen (14) days unless extended by mutual agreement.

Mediation

If the dispute is not resolved at any of the prior steps, the parties may appoint a Mediator from the California Mediation and Conciliation Service to hear the dispute and recommend a settlement. The recommendation is final and binding and must be made in writing immediately upon conclusion of the hearing or within ten (10) working days unless additional time is required. If either party objects to mediation, the matter may be referred to arbitration. Written warnings shall not be referred to mediation or arbitration unless relied upon to support a subsequent and timely suspension or discharge. The employee must file timely grievances on disputed warnings for a Mediator or Arbitrator to adjudicate them.

Arbitration

1. If the parties cannot agree on an Arbitrator, one 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 until one remains.
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.
3. Limitation of the power of the Arbitrator: the Arbitrator shall have no power to add, subtract from, or modify any terms of the Agreement, or to establish wage scales except as specifically empowered herein.
4. The decision of the Arbitrator shall be final and binding on all parties.

Article 20. Business Agent

The business representative or authorized agent of the Union may visit the place of employment at any time to check employee credentials or gain information concerning matters involved in this Agreement, provided the representative does not interfere with operations, requests permission of the Employer, and is accompanied by the Employer if requested.

Article 21. Management Prerogatives

Subject to the terms of this Agreement, management retains the sole right to determine the type of operations, location and schedules of work hours, methods and processes 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

If there is a dispute between the Employer and any other Union resulting in an authorized picket line at the place of employment, it shall not be cause for discharge or disciplinary action if an employee refuses to cross a lawful picket line 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 Employer’s business, ability to provide employment, and 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 and made a part of this Agreement.

Article 26. Early Termination of Labor Agreement

1. The Union recognizes that the Employer operates the shuttle concession at Lindbergh Field subject to procedures established by the San Diego County Regional Airport Authority. It is understood that the lease granted to the Employer may be terminated by the Airport Authority prior to the expiration of the labor agreement. In recognition of this possibility, the Union agrees that if the Employer loses the right to manage the shuttle concession at Lindbergh Field, this labor agreement shall terminate effective the same date as the Employer’s agreement with the Airport Authority.

2. As of the termination date of this labor agreement, the Employer shall have no further obligations or responsibilities to any employee covered by this Agreement or to the Union. The Employer agrees to pay all accrued wages and accrued but unused vacation to employees as of the last date of operation of the parking concession. No other benefits are owed after termination.

Article 27. License Requirements

The Employer agrees to pay for the cost of the physical examination taken as a condition of employment pursuant to Section 225.5 of the California Labor Code.

Article 28. Successors and Assigns

This Agreement shall be binding in its entirety upon the parties, their successors, assignees, and transferees. No provision, term, or obligation shall be affected, modified, altered, or changed by any change in the regular status, ownership, or management of either party. No employee in the bargaining unit shall be placed in any worse position with respect to pensions, seniority, wages, sick leave, vacation, health and welfare insurance, or other benefits by reason of transfer to a new employing unit that replaces Ace Parking as the employer of parking employees.

Article 29. Term of Agreement

1. This Agreement shall remain in full force and effect from January 1, 2022 until midnight December 31, 2026 and shall automatically renew from year to year unless written notice of termination is given by either party not less than sixty (60) days prior to expiration or renewal. If either party desires to negotiate amendments or modifications, written notice shall be given not less than sixty (60) days prior to expiration or renewal. During negotiations the Agreement remains in effect; if no agreement is reached before expiration, either party may terminate the Agreement with ten (10) days’ written notice.
2. If any clause conflicts with state or federal laws, either party may reopen the Agreement upon ten (10) days’ written notice to amend, delete, or modify the clauses in question.
3. This Agreement represents a full and complete understanding of wages, hours, and other conditions of employment, and all documents presently in existence are superseded and canceled in their entirety.

In witness whereof, the parties have executed this Agreement on July 25, 2022.

• Union: Teamsters Local No. 481, Secretary-Treasurer (signature) and Field Representative E. Lopez (signature).
• Employer: ACE Parking Management, Inc., EVP, Member Services (signature) and additional representative (signature).

Appendix A. Wage Rates

Dispatchers

Upon ratification (2022):

January rates:

The Company reserves the right to increase an employee’s wage rate beyond the minimum wage scale above. The rate of pay in the wage table is determined by the intersection of the employee’s years of service and the current year of the contract. There shall be no stacking.

Class B Shuttle Drivers

Upon ratification (2022):

January rates:

The Company reserves the right to increase an employee’s wage rate beyond the minimum wage scale above. The rate of pay in the wage table is determined by the intersection of the employee’s years of service and the current year of the contract. There shall be no stacking.

CSR/Lot Attendants

Upon ratification (2022):

January rates:

The Company reserves the right to increase an employee’s wage rate beyond the minimum wage scale above. The rate of pay in the wage table is determined by the intersection of the employee’s years of service and the current year of the contract. There shall be no stacking.

Additional Pay Provisions

Graveyard Shift Premium

Employees assigned to the graveyard shift of which at least four (4) hours fall between 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 during the shift.

Training Pay

The Company may appoint trainers. Employees appointed as trainers shall receive a minimum of an additional sixty cents ($0.60) per hour above the employee’s base rate of pay. The Company shall have sole discretion in the appointment of trainers.

Inter-Terminal Pay

Effective January 1, 2022, employees with airbrake endorsement assigned to the Inter-Terminal Route shall receive $1.00 above the Class B base rate. In the event of a state or federal minimum wage increase above the start rates listed in Appendix A, Ace Parking and the Union may open discussions regarding a possible change to the wage table in Appendix A. Ace Parking is under no obligation to grant a wage increase beyond that which is required by law.

Ratification Bonus

Full-time and part-time employees who did not receive the recently administered $1,000.00 sign-on bonus are eligible for the following:

• Shuttle Drivers: more than 1 year $250.00; more than 3 years $350.00.
• Dispatchers, CSR/Lot Attendants: more than 1 year $100.00; more than 3 years $250.00.

Letter of Understanding

This letter of understanding is entered into between Teamsters Local 481 and Ace Parking Management, Inc. The Airport Authority of San Diego currently has two separate contracts for portions of the transportation operations at San Diego International Airport (one with Ace Parking and one with SP+). The Airport Authority has placed both contracts out for bid, and it is possible Ace Parking will be the successful bidder on both pieces of transportation work. This letter is in effect if and only if Ace Parking is the successful bidder on both contracts. The parties recognize that bus operators and shuttle drivers have different requirements. Ace Parking agrees that if it is the successful bidder on both pieces of work, it will recognize the seniority date for all bus drivers employed by SP+ prior to Ace Parking commencing operations. For the first twelve (12) months of combined operations, the Employer shall maintain two separate seniority lists based on the employer for which employees worked prior to combined operations. Thereafter, the Employer shall maintain two seniority lists for operators of buses and drivers of shuttles. The Employer shall preserve the seniority status of the top 30% of all employees on each seniority list working in any position, location, or route, and those employees below the 30% will have their seniority dovetailed or merged using the seniority date the employee maintained with their current Employer prior to the effective date of the Airport Authority merging the two transportation contracts.