ACE Parking Collective Bargaining Agreement

Agreement

This Agreement, made and entered into as of January 1, 2022, by and between Ace Parking Management, Inc., 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” means 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 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, may 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 status change, employees and the Union shall be notified in writing. The Employer will provide notice of status changes to the Union office 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 per 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 parking employees in the classifications shown in Appendix A in the County of San Diego for the purpose of collective bargaining. This Agreement covers all such employees.

Article 3. Union

1. Only Union members shall be retained in employment. Employees must become members in good standing of the Union by the end of the payroll period following thirty-one (31) days from the date they start work.
2. Upon hire, employees will be requested to sign an authorization for payroll deduction form. The Employer shall deduct Union dues and initiation fees from employees’ wages and transmit them to the Union with a list of the employees for whom deductions were made.
3. The Employer agrees to deduct voluntary DRIVE contributions from participating employees’ paychecks and remit them monthly to Local 481 DRIVE with a list of participants.
4. The Employer shall, by the fifth (5th) of each month, notify the Union of all new hires from the previous month.
5. Upon hiring or rehiring, the Employer shall provide the employee with a Union registration form and direct the employee to deliver it to the Union office within fourteen (14) calendar days. The Union will endorse and return a copy to the Employer.
6. The Employer agrees to provide suitable space for a Union bulletin board for official Union business postings.
7. Subject to landowner approval, the Employer agrees to display the Union shop card furnished by the Union to the public.
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 while carrying out obligations under this Agreement.

Article 5. Probationary Period

Upon hire all employees will undergo an initial one hundred twenty (120) calendar day review period during which the employee will be observed for adaptability, adherence to Company policies, and performance. Employees may be terminated without recourse to the grievance procedure during this period.

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 worked following the most recent date of hire. Seniority accrues after completion of the probationary period and applies only as provided in this Agreement. Employees carry seniority when transferred within the Employer’s locations, and seniority applies to time-off requests and opportunities to fill vacancies when qualified.

Seniority shall be broken by discharge for cause (unless reinstated), voluntary resignation, failure to return from leave or respond to recall, retirement, or layoff beyond six (6) months unless government orders extend closures or reduced capacity 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 least senior employee laid off first. The Employer determines timing, number, and classifications affected. Recalls fill vacancies in reverse order of layoff, and the Employer will determine the recall notice procedure. Employees laid off in one classification may not bump employees with less seniority in another classification.

Article 7. Guaranteed Work Week

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

Article 8. Pay Period and Payroll Deduction

1. Employees shall be paid weekly, biweekly, or semi-monthly.
2. An employee, through the Union, may use the grievance procedure to contest any action taken by the Employer under 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 their regular rate. This does not apply to employees who quit, are suspended or discharged after reporting, take time off when not required, or report late when the Employer exercises the option to excuse them without pay. Short hour and on-call employees are excluded.
   2. If an employee is required to report to work a second time in a workday and is furnished less than two (2) hours of work, the employee shall receive two (2) hours at the regular rate.
   3. Reporting pay provisions do not apply when operations cannot commence or continue due to threats, civil authority recommendations, 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 hourly rate for authorized work beyond forty (40) hours in a workweek or eight (8) hours in a workday. Hours worked over twelve (12) in a day shall be paid at two (2) times the straight-time rate.
3. The Employer may schedule individual employees on a four-day, ten-hour schedule at straight time where permitted by law. When such schedules are in effect, the daily overtime provisions in Section 2 for hours over eight (8) do not apply.
4. Overtime premium payments shall not be duplicated or pyramided for the same hours worked or paid under this Agreement.
5. Employees shall receive a paid ten (10) minute rest break during each four-hour work segment, scheduled near the midpoint 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 relative to full-time employees. Short hour and on-call employees are not eligible for paid vacation. Vacation may accrue up to one and one-half times the employee’s annual accrual rate, after which accrual pauses 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 based on all hours worked up to forty (40) per week, including compensated holidays, vacations, and sick leave. Upon termination, accrued vacation is paid out consistent with applicable laws.

Article 11. Holidays

1. After one hundred twenty (120) days of service, part-time and full-time employees receive ten paid holidays: New Year’s Day, Martin Luther King Jr. Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Veterans Day (observed), Thanksgiving Day, Christmas Day, and one floating holiday.
2. Employees scheduled on a holiday who report ready for work receive at least four (4) hours of work or pay at the regular rate in addition to holiday pay. Employees not called in receive eight (8) hours of straight-time pay (prorated for part-time or 4x10 schedules).
3. Employees whose workday does not fall on the holiday but are required to work on the holiday receive one and one-half (1½) times the regular rate plus eight (8) hours of straight-time pay (prorated for part-time or 4x10 schedules).
4. To be eligible for holiday pay, employees must work their full scheduled day before and after the holiday unless they have a legitimate, timely reported excuse.
5. Employees on vacation during a holiday week who would have worked on the holiday receive holiday pay in addition to vacation pay.
6. Employees on funeral leave receive holiday pay if a holiday occurs during their leave.
7. Work begun on a holiday that exceeds eight (8) hours is compensated according to overtime provisions. Once holiday overtime is triggered, no further overtime applies until the employee works more than twelve (12) hours that day, except overtime for more than forty (40) hours in the week.
8. Holiday work does not earn additional overtime premiums beyond those provided above. The Employer assigns holiday work at its discretion, and employees receive holiday pay plus their regular rate for hours worked. Holidays falling during vacation may be paid as an extra day or an additional vacation day with pay.
9. Employees must be available for work the day before, day of, and day after the holiday unless otherwise mutually agreed.
10. If a specified holiday falls on Sunday, the following Monday is observed, except Easter Sunday.
11. Floating holidays must be requested at least two (2) weeks in advance consistent with the vacation request policy.

Article 12. Health and Welfare

The Employer will continue existing benefits for the life of this Agreement and provide health insurance benefits consistent with the San Diego Minimum Wage Ordinance, including medical, dental, vision, life insurance (up to $5,000), and paid time off accruing at not less than one hour per thirty (30) hours worked within the City. The Employer pays the first $135 of benefit premiums for eligible employees, who are responsible for additional costs.

All employees covered by this Agreement are enrolled in the Ace Insurance Policy providing $10,000 life insurance coverage (after sixty (60) days of continuous service) and matching accidental death and dismemberment coverage. Benefits become effective upon ratification for current eligible employees and after completion of the probationary period for newly eligible employees.

Article 13. Sick Leave

Employees accrue five (5) paid sick days per year in compliance with the San Diego Earned Sick Leave and Minimum Wage Ordinance. Sick leave may be used for the employee’s illness, injury, or medical appointments, or for those of their child, parent, or spouse. Unused sick days carry over up to ten (10) days. Sick leave may be taken in one-hour increments and is not paid out upon termination. Absences of three (3) days or more may require verification of illness and fitness for duty. Sick leave is not granted once all accrued time is used.

Article 14. Bereavement Leave

Full-time and part-time employees with one (1) year of continuous service may take up to three (3) consecutive scheduled working days with pay for a death in the immediate family, to be used immediately before or after the funeral or service. Pay is at the straight-time rate and applies only to scheduled workdays. Additional time may be requested as personal leave.

Immediate family includes a spouse, registered domestic partner, father, mother, grandparents, grandparents of a spouse or registered domestic partner, 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 without loss of seniority for the period determined by the employee’s doctor that she is unable to return to normal duties, consistent 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 employees are required to wear uniforms as a condition of employment, the Employer will furnish them at no cost. Employees are responsible for the items except for normal wear and tear.

Article 18. Disciplinary Actions

1. The disciplinary procedure for most work rule infractions is as follows:

   1. First offense: written warning notice (expires after twelve (12) months if no similar violation occurs).
   2. Second offense: disciplinary suspension with written notice.
   3. Third offense: subject to discharge with written notice.

   Disciplinary actions, including discharge, may be appealed through the grievance procedure.

2. The Employer shall not discharge an employee without just cause. When an employee is discharged, the full reason will be provided in writing to the employee and the Union. No warning notice is required for causes including, but not limited to:

   • Dishonesty;
   • Use, possession, or distribution of alcohol or drugs (including marijuana) while on company premises or being under the influence while on duty;
   • Negligence or carelessness resulting in serious injury, death, or property damage;
   • Profane or abusive language toward the public or Employer;
   • Harassment or discrimination, including sexual harassment;
   • Fighting;
   • Verbal or physical abuse or threats against customers, visitors, supervisors, or employees;
   • Sleeping while on duty;
   • Discourteous treatment of the public, Employer, or coworkers;
   • Proven acts of discrimination while performing work functions or using Company facilities;
   • Conduct on or off premises that reflects adversely on the Employer, including threatening, intimidating, or coercive behavior;
   • Willful misconduct;
   • Reporting to work unfit for duty;
   • Possession of unauthorized lethal weapons on Employer premises or time;
   • Vandalism or willful/negligent property damage;
   • Possession or consumption of narcotics or hallucinogens on Employer property or time;
   • Theft or misappropriation of property;
   • Abusive language, threats, or reckless conduct endangering others;
   • Unwarranted or excessive use of force or threatening, abusive, or profane language against violators.
3. No employee shall be disciplined unreasonably. Appeals must be filed by the Union within ten (10) working days of notification. If no appeal is made, the action becomes permanent. The Employer retains the right to discipline or discharge probationary employees.

Article 19. Grievance Procedure

Grievances arising under this Agreement or related policies shall be processed as follows:

1. Step 1: Within ten (10) working days of the incident or knowledge thereof, the employee notifies the immediate supervisor and meets to discuss the issue. If unresolved, the grievance is presented in writing within ten (10) working days after the meeting. If not settled within five (5) working days, it may advance to Step 2.
2. Step 2: Within ten (10) working days of the Step 1 response, the Union submits the formal grievance to the department manager or designee. A meeting occurs within ten (10) working days. If unresolved within five (5) working days after the meeting, the grievance may move to Step 3.
3. Step 3: Within ten (10) working days of the Step 2 response, the Union appeals in writing to the Personnel Director or designee. Employer and Union representatives meet to resolve the grievance. Agreements are documented and binding. If unresolved within ten (10) working days, the Union may submit the grievance to mediation or arbitration, unless time is mutually extended.
4. Mediation: The parties may request a mediator from the California Mediation and Conciliation Service. The mediator’s written recommendation is final and binding unless either party objects, in which case the matter may go to arbitration. Written warnings are not referred to mediation or arbitration unless relied upon for a later suspension or discharge and timely grieved. Warning notices are purged after twelve (12) months if no similar discipline occurs.
5. Arbitration: Unresolved disputes may be submitted to arbitration. The parties attempt to agree on an arbitrator or request a list of seven (7) from the California State Mediator. The parties alternately strike names until one remains. The arbitrator’s decision is final and binding, limited to interpreting or applying express Agreement provisions, and cannot add to, delete, or modify the Agreement. Arbitration costs are shared equally, and each party bears its own representative and witness expenses. No award is retroactive beyond the initial filing date (except payroll errors corrected to the date made). Questions of arbitrability are determined by the arbitrator.
6. Management prerogatives: Nothing herein makes arbitrable the Company’s right to determine welfare, safety, performance standards, production, order, efficiency, staffing, hiring, firing, discipline, assignments, shifts, job assignments, or compliance with laws, except regarding reasonableness and good faith in application where subject to this procedure. The arbitrator may only make the employee economically whole and may be subject to review under California Code of Civil Procedure 1286.6(a)(4).
7. Time limits: Grievances not presented within specified time limits are barred from further action through this procedure.

Article 20. Business Agent

The Union’s business representative or authorized agent may visit employees’ workplaces to check credentials or gather Agreement-related information, provided operations are not disrupted, permission is requested, and the representative may be accompanied by the Employer if desired.

Article 21. Management Prerogatives

Subject to this Agreement, management retains the sole right to determine operations, work locations and schedules, methods and means of work, new processes and procedures, and the need to subcontract. The Employer may transfer employees between locations.

Article 22. Production

There shall be no work stoppage, strike, or other economic reprisal, and no lockout during the term of this Agreement. Violations are not subject to the grievance procedure and may be enjoined through court action.

Article 23. Union Prerogatives

If a dispute with another Union results in an authorized picket line at the workplace, employees may refuse to cross a lawful picket line sanctioned by Joint Council of Teamsters No. 42 without discharge or discipline.

Article 24. Cooperation

Upon request, the Union agrees to cooperate with the Employer on matters involving governmental rules and regulations affecting the business, employment opportunities, and the agreed wage scale.

Article 25. Job Classifications and Wage Rates

Job classifications and minimum wage rates for all employees covered by this Agreement are set forth in Appendix A and form part of this Agreement.

Article 26. Term of Agreement

1. This Agreement remains in effect from January 1, 2022 through December 31, 2026 and renews annually unless either party gives at least sixty (60) days’ written notice of termination before expiration or renewal. Negotiations for amendments also require sixty (60) days’ notice, and the Agreement remains in force during negotiations. If no agreement is reached by expiration, either party may terminate with ten (10) days’ written notice.
2. If any clause conflicts with state or federal law, either party may reopen negotiations with ten (10) days’ written notice to amend, delete, or modify the affected clauses.
3. This Agreement represents the complete understanding of wages, hours, and other conditions of employment, superseding prior documents.

Appendix A. Wage Rates

Minimum hourly wage rates for Cashiers, Traffic Directors, Attendants, Non-Class B Shuttle Drivers, Maintenance, Ambassadors, Valets, and Bell and Door personnel at non-tip locations:

The Company reserves the right to increase an employee’s wage rate above these minimums.

Minimum hourly wage rates for Valets, Bell, and Door personnel at tip locations:

The Company reserves the right to increase an employee’s wage rate above these minimums.

Wage rates for Class B Shuttle Drivers are covered by the Airport Shuttle Driver CBA.

Employees assigned to graveyard shifts with at least four (4) hours between 11:00 p.m. and 7:00 a.m. receive an additional $1.00 per hour for the entire shift.

In the event of a minimum wage increase above the start rates listed, Ace Parking and the Union may discuss adjustments to the wage table, though the Company is not obligated to grant increases beyond legal requirements.

Additional premiums:

• Lead or Valet Captain pay: at least $0.70 per hour above the wage scale for one (1) appointee per shift.
• Heavy duty maintenance pay: additional $0.50 per hour while performing designated heavy maintenance tasks.
• Training pay: appointed trainers receive at least $0.60 per hour above their base rate.

Ratification Bonus

Full-time employees receive the following bonuses based on continuous service:

• 6 months–1 year: $50.00
• 2–4 years: $75.00
• 5–9 years: $125.00
• 10–19 years: $175.00
• 20 years or more: $200.00

Part-time employees with two (2) or more years of service receive $75.00.

Bonuses apply to employees who did not receive the recently administered $200.00 bonus and to current part-time or on-call employees who previously worked full-time or part-time before the pandemic.

Notice to All Members

Members on dues check-off must ensure sufficient earnings for deductions and remain responsible for keeping dues current to maintain good standing.

Members who become unemployed within the Local’s jurisdiction may request a withdrawal card, provided all dues and obligations (including dues for the effective month) are paid.

Members must keep their mailing address current with the Local Union.

For assistance contact:

Printed In-House with Union Labor · 01/22