Parkhouse Tire Collective Bargaining Agreement

Section 1

All employees covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing. Employees who are not members on the effective date shall, on the thirty-first (31st) day following the effective date, become and remain members in good standing. Employees hired after the effective date shall, on the thirty-first (31st) day following the beginning of employment, become and remain members in good standing.

Section 2. Check-Off

At the request of the Union, the Employer will deduct from employees’ wages membership dues (and initiation fees) and promptly transmit the funds to the Union, provided the Employer receives a written assignment from each employee. The assignment shall not be irrevocable for more than one (1) year or beyond the termination date of the applicable collective bargaining agreement, whichever occurs sooner.

Section 3. Indemnification

The Union indemnifies and defends the Employer and holds it harmless against all suits, claims, demands, and liabilities that arise out of any action taken by the Employer to comply with Sections 1 and 2.

Section 4. Successors and Assignees

In the event of a bona fide sale or transfer of Employer’s business covered by this Agreement during the period hereof, the new owner or transferee shall be notified of the obligations of this Agreement by the Owner signatory to this contract.

Section 5. Non-Compliance

The Union agrees that notice shall be given in writing to the Employer and employee at least seventy-two (72) hours before any employee is removed from employment for failure to maintain membership in good standing. Employees who do not comply with the provisions of this Article shall be discharged by the Employer after the Union provides proof that it sent a letter, return receipt requested, informing the employee of:

1. The exact amount due.
2. How the amount was calculated.
3. An exact date that the money must be paid.

Section 6. In Good Standing

Membership in good standing means the timely tender of uniform initiation fees and periodic dues as lawfully required. Compliance with financial obligations shall constitute compliance with the Union security requirements of the Collective Bargaining Agreement.

Section 1

When additional help is employed, the Employer will notify the Union so the Union may send qualified applicants for consideration. Failure of the Employer to employ such applicants shall not be subject to grievance.

Section 2

The Employer is the sole judge of the qualifications and competency of an employee.

Section 3

Upon hiring an employee covered by this Agreement the Employer shall within seven (7) calendar days notify the Union in writing, giving the employee’s name, address, and location of employment.

Section 1

The work week shall be Sunday through Saturday. The regular workday shall be eight (8) hours within nine (9) consecutive hours including a maximum one-hour (60 minute) unpaid lunch period and two (2) paid ten (10) minute rest breaks.

Section 2

A full-time employee who performs work in any given work week shall be guaranteed at least forty (40) hours. The work schedule shall be determined by the Employer with twenty-four (24) hours’ notice or a posted weekly schedule. Nothing precludes approved overtime.

Section 3

The Employer is not required to make wage payments in a general emergency shutdown or lack of work, and guarantees set forth in this Agreement shall not apply.

Section 4

When a five-day work week is scheduled, hours worked in excess of eight (8) straight time hours in a day shall be paid at one and one-half (1 1/2) times the employee’s straight time hourly rate. When a four-day work week is scheduled by mutual agreement, hours worked in excess of ten (10) straight time hours in a day shall be paid at one and one-half (1 1/2) times the employee’s straight time hourly rate. Hours worked in excess of forty (40) straight time hours in a pay period week shall be paid at one and one-half (1 1/2) times the employee’s straight time hourly rate. Overtime hours paid on a daily basis shall not be included in the calculation for weekly overtime.

Section 5

When Sunday is a regularly scheduled workday, if requested, the employee will be given two consecutive days off that week or the following week at the Employer’s option.

Section 6

Hours worked on holidays shall be paid at two and one-half (2 1/2) times the employee’s straight time hourly rate. The wage payment for each holiday on which no work is performed shall be eight (8) hours at the employee’s straight time hourly rate.

Section 7

No duplication or pyramiding of holiday or weekly overtime payments involving the same hours of labor is required.

Section 8

Employees called back to work at least one (1) hour after the expiration of their shift shall be guaranteed a minimum of two (2) hours pay per callback. Employees shall be paid double their regular rate for all hours worked for callbacks between 11 p.m. and 5 a.m.

Section 9

The Employer will, within work and qualification limits, offer premium time or overtime within each classification to immediately available employees from the top of the seniority list. If insufficient volunteers, overtime may be assigned starting from the bottom of the seniority list until enough qualified employees are selected. Employees accepting or assigned scheduled overtime who fail to report shall be considered absent and unexcused and/or insubordinate unless the absence is justifiable and reasonable.

Section 10

Hours compensated but not worked due to a holiday falling on any of the first five days of the work week shall be credited as time worked in computing weekly overtime subject to Article 9.

Section 11. On Call Duty

Management shall establish a list of qualified employees to cover on-call duty. If insufficient, the Employer may assign any qualified employee, with inverse seniority used for guidance only. Employees assigned shall be given specific schedules and rotated weekly.

Section 12

Unless otherwise agreed, employees shall be granted a minimum of ten (10) hours off between regular shift times with no loss of weekly work hours.

Section 1

Employees will be hired on a ninety (90) calendar day probationary trial basis. If retained, they shall be placed on the seniority list with service dating from the date of hire. During probation, the Employer may release an employee without recourse to Article 15. To be eligible for permanent hire, an employee must qualify for a fidelity bond, pass a reference check, and if required pass a physical exam. Employees hired to work in the tire stores must have a valid California Driver’s License. The Employer pays for bonding, reference checks, and physical exams. Failure to meet requirements results in immediate discharge without recourse to Article 14, notwithstanding Article 2.

Section 2

Seniority is defined as continuous service from the employee’s most recent date of hire.

Section 3

Rights granted by this Article are confined to the employee’s classification and store location.

Section 4

In reductions of workforce, the least senior employee in the classification is laid off provided retained employees are qualified. Recall is by longest seniority in classification. For transfers, greater seniority applies when skill, knowledge, and ability are relatively equal.

Section 5

In a reduction of workforce due to a change in method of operation, severance pay and/or retraining shall be negotiable. If the parties cannot agree, the matter is subject to mediation.

Section 6

An employee laid off in a given classification and store location must accept an open position in the employee’s classification at any other store location covered by this Agreement. If more than one open position exists, the employee chooses. Acceptance terminates recall rights to the original store location.

Section 7

Recall notices shall be sent by certified mail to the address on file. The employee has seven (7) calendar days after the date of notice to report for work. Failure to comply results in termination of seniority.

Section 8

Employees laid off shall furnish and maintain a correct address with the Employer.

Section 9

Seniority terminates for: resignation; discharge for just cause or permanent release; layoff in excess of twelve (12) months; failure to report following recall; failure to accept an open position; non-compliance with Article 16; or absence due to non-work injury or illness for nine (9) months.

Section 10

The Employer will not be obligated to rehire or assign an employee returning from leave who cannot meet physical standards.

Section 11

Physical inventories and inventory control remain management functions. Overtime worked by a store employee assisting supervision on these functions is not subject to distribution of overtime.

Section 12

The Employer will observe shift preference by seniority and, as practicable, seniority in vacation assignment. These preferences shall not interfere with efficient operation.

Section 13

An annual list of employees by seniority in each department shall be posted and kept current. Copies shall be made available to the Union upon request. Employees have thirty (30) calendar days to contest the list through the grievance procedure.

Section 14. Bidding for Vacancies

Employees may bid for a new or vacant bargaining unit position for one week after posting. Employees at the same location are considered first. Where skill and ability are relatively equal, seniority applies. If no bargaining unit applicant is qualified, the position may be filled by outside applicants.

Section 1

The following days shall be observed as holidays with pay provided no work is performed:

• Labor Day
• Thanksgiving Day
• 1/2 Day Christmas Eve Day
• Christmas Day
• New Year’s Day
• Memorial Day
• Independence Day
• Two (2) Floating Holidays

The wage payment for each holiday on which no work is performed shall be eight (8) hours at the employee’s current straight time hourly rate.

Section 2

To be eligible for holiday pay when no work is performed, an employee must work the regular scheduled shift immediately prior to and immediately following the holiday.

Section 3

When an approved holiday falls on Sunday, Monday is the holiday. When a holiday falls on Saturday, the Employer may grant an extra day’s pay or consider the preceding Friday as the holiday. The Employer will notify employees one (1) week in advance of the Saturday option selected.

Section 4

If any holiday is changed as to day or date of celebration, the Union and Employer will promptly meet to discuss. There shall be no change in the number of holidays provided in Section 1.

Section 5

On each employee’s anniversary date of hire, the employee shall receive a bonus check equal to sixteen (16) straight time hours. The check will be given on the next payroll period following the anniversary date. This applies only to employees hired on or before July 31, 1996.

Section 6

Unused Floating Holidays may be used as sick leave once accrued sick leave has been exhausted. Unused Floating Holidays shall not be paid out or roll over to the following year.

Section 7

An employee must request a Floating Holiday in writing at least fourteen (14) days in advance and receive Employer approval, which shall not be unduly withheld. Seniority applies if more than one employee requests the same day off. Final approval will be given no less than ten (10) days prior to the requested day.

Section 1

Full-time employees accrue paid vacation benefits as follows:

Years of Service	Vacation Weeks Accrued Annually
1	1 (5 days - 40 hours)
2-4	2 (10 days - 80 hours)
5-14	3 (15 days - 120 hours)
15-19	4 (20 days - 160 hours)
20	5 (25 days - 200 hours)

Section 2

Vacation pay shall be the number of equivalent straight time hours in the employee’s guaranteed 40-hour work week at the employee’s current straight time hourly rate for each week of vacation taken.

Section 3

An employee on vacation during a week in which a holiday in Article 9 occurs shall be compensated with an extra day’s pay or an additional day off with pay, as mutually agreed, based on eight (8) hours at the employee’s straight time hourly rate.

Section 4

Vacations cannot be postponed or accumulated from year to year and must be completed each year. Preference is by seniority. Each year an employee may take up to one week of accrued vacation in increments of less than one week with management approval, which shall not be unreasonably withheld.

Section 5

Employees accrue vacation hours on the first day of service, accruing 1/12 of annual vacation leave each month.

Section 6

Vacations of two different years cannot be taken together or concurrently.

Section 7

Employees shall submit by January 31st a request designating requested vacation dates. Approved schedules may not be changed without Employer approval.

Section 8

Scheduling of vacations shall give preference by seniority while recognizing the need to maintain adequate staffing. All vacations are subject to Employer approval.

Section 9

Employees whose employment is permanently terminated or who are laid off shall receive pay for any accrued and unused vacation hours at the time of termination or layoff.

Section 10

An employee with at least six (6) months of continuous service who is laid off and has no open position under Article 8, Section 6, and whose seniority terminates under Article 8, Section 9(c), shall be paid all accrued and unused vacation hours. Employees laid off or terminated prior to one year of service shall be paid all accrued and unused vacation hours. Employees laid off after completing one year of service shall be paid all accrued and unused vacation hours.

Section 1

Increase all wages as follows, over what employees are currently being paid and increase contract rate accordingly: February 1, 2025 (+5%), February 1, 2026 (+3%), February 1, 2027 (+3.25%).

General Service Employees (hired after 8-1-87)

Perform tire changer, lubrication, warehouse, and truck driver duties. The Employer agrees to furnish one set of small hand tools for tire changers.

Effective	Rate
02/01/25	20.00
02/01/26	20.60
02/01/27	21.27

Commercial Tire Service *

Effective	Starting rate	After 1 year	After 2 years
02/01/25	23.43	24.02	24.60
02/01/26	24.13	24.74	25.34
02/01/27	24.92	25.54	26.16

* Employees must be assigned to and working for the Commercial Department at least fifty percent (50%) of their working time.

Off Road Tire Service *

Effective	Starting rate	After 1 year	After 2 years
02/01/25	27.50	29.00	30.80
02/01/26	28.33	29.87	31.72
02/01/27	29.25	30.84	32.76

* Employees must spend fifty percent (50%) of their working time changing giant off-the-road tires requiring the use of a Boom Truck.

Section 2

Employees shall not be disciplined for lost, stolen, or damaged property except in cases of proven negligence or willful misconduct.

Section 3

Persons with proven experience may be hired at rates commensurate with experience. Employees may be progressed through wage increments faster than indicated. The Employer may pay additional remuneration over and above established rates when warranted.

Section 4

Fully experienced new employees in Tire Services shall be paid the “After” rate within thirty-one (31) days of assignment.

Section 5

Employees working in the Retread Shop on the second shift (starting between 2 p.m. and 10 p.m.) receive an additional twenty cents ($0.20) per hour. Employees working in the Retread Shop on the third shift (starting between 10 p.m. and 6 a.m.) receive an additional thirty cents ($0.30) per hour.

Section 6

If the Employer reintroduces or adds a new classification, the Union shall be furnished with the job description and the parties shall negotiate the rate of pay. Failing agreement, the Union may invoke the grievance procedure.

Section 1

The Employer shall pay into the Western Conference of Teamsters Pension Trust Fund for each employee working under this Agreement a monthly sum for all compensable hours up to 184 hours (190 compensable hours for a four-day, ten-hour schedule), with no maximum on termination of employment. Contributions are paid from the first hour of employment and the Employer agrees to abide by Trust Fund rules for reporting and payment.

Section 2

Effective January 1, 2017, the PEER contribution is six cents ($0.06) per hour, paid on the same basis as the basic plan. PEER contributions are 6.5% of the basic contribution and cannot be decreased.

Section 3

Effective February 1, 2025, increase the pension contribution by two cents ($0.02) to $1.04; PEER contribution is $0.07 for a total of $1.11 per hour. Effective February 1, 2026, increase to $1.06 plus PEER $0.07 for a total of $1.13. Effective February 1, 2027, increase to $1.09 plus PEER $0.07 for a total of $1.16 per hour. A “break in rate” not to exceed $0.10 per hour shall apply during the probationary period.

Section 4

For employees hired on or after February 1, 2008, the Employer shall pay an hourly contribution rate of $0.10 (inclusive of PEER/84) during the probationary period, not exceeding 90 calendar days from first hire. After the probationary period, the contribution increases to the full contractual rate.

Section 1

The Employer shall not discharge an employee without just cause. When an employee is discharged, the full reason must be provided in writing to the employee with a copy to the Union. No warning notice is required for causes including:

1. Proven dishonesty or theft.
2. Drinking and/or intoxicated during assigned shift or possession of intoxicants on Employer premises.
3. Possession, being under the influence of, or use of illegal narcotics during assigned shift or on Employer premises.
4. Willful destruction or defacing of Employer property, vehicles, or premises.
5. Motor vehicle accident while driving the Employer vehicle due to negligence or recklessness.
6. Falsification of employment application.
7. Punching time card or signing work schedules of another employee.
8. Refusal to handle job assignment.
9. Fighting on the premises.
10. Absence for two scheduled working days without arrangements.
11. Violation of reasonable Employer work rules (amended only by mutual consent).
12. Faulty workmanship resulting or potentially resulting in injury or damage.
13. Recklessness or gross negligence resulting in a serious accident on duty.
14. Violation of Article 16 of the Agreement.
15. Continued verified substandard performance.
16. Refusal to undergo a viral test for COVID-19 as requested and paid for by the Employer if not covered by insurance.
17. Reporting to work contrary to government protocols after testing positive for COVID-19.

Section 1

The Union agrees it will not encourage, sanction, or approve any strike, stoppage, slowdown, or other interruption of work arising under the Agreement. The Union, its officers, and members will actively discourage and take lawful steps to prevent any such activity in violation of this Agreement.

Section 2

If an unauthorized strike, sit-down, slow-down, or other curtailment occurs, neither party shall negotiate the subject until the illegal activity has ceased.

Section 3

Any employee participating in unauthorized strike, sit-down, curtailment, or restriction shall be subject to disciplinary action, including discharge.

Section 4

The Employer agrees it will not put into effect any lockout during the term of this Agreement.

Section 5

The Employer agrees it will institute no action for monetary damages against the Union or their officers for breach of Sections 1 and 2.

Section 6

It shall not be a violation of this Agreement or cause for discharge if an employee refuses to enter property away from the Employer’s place of business with a picket line sanctioned by Joint Council of Teamsters #42.

Section 1. Hospital and Medical Coverage

Effective February 1, 2025, the Employer agrees to pay $1501.40 per month to the San Diego County Teamster-Employers Insurance Trust Fund on behalf of each employee covered by this Agreement to provide hospital, medical, and life insurance coverage in Plan E. The Employer shall pay the entire cost and any increases above the rates indicated. For new employees, the monthly payment is due on the first day of each month provided the employee worked or was compensated for at least eighty (80) hours in the previous calendar month.

Section 2. Dental Coverage

Effective February 1, 2025, the Employer agrees to pay $53.00 per month to the San Diego County Teamsters-Employers Insurance Trust Fund for dental insurance coverage under Plan 2-Composite, paying the entire cost and any increases. For new employees, the monthly payment is due on the first day of each month provided the employee worked or was compensated for at least eighty (80) hours in the previous calendar month.

Section 3. Prescription Drug

Effective February 1, 2025, the Employer agrees to pay $83.75 per month to the San Diego County Teamsters-Employers Insurance Trust Fund for prescription drug coverage under Plan 4-Composite, paying the entire cost and any increases. For new employees, the monthly payment is due on the first day of each month provided the employee worked or was compensated for at least eighty (80) hours in the previous calendar month.

Section 4. Vision Coverage

Effective February 1, 2025, the Employer agrees to pay $9.50 per month to the San Diego County Teamsters-Employers Insurance Trust Fund for vision coverage under the applicable plan, paying the entire cost and any increases. For new employees, the monthly payment is due on the first day of each month provided the employee worked or was compensated for at least eighty (80) hours in the previous calendar month.

Section 5

The parties accept the terms of the existing Trust and any amendments required to accomplish this Agreement. The parties agree to execute acceptance documents as required, and payments shall be made as established by the Joint Board of Trustees. Employer report forms with appropriate contributions are due postmarked no later than the 15th of the month following the month in which hours are worked or paid. Delinquent Employers may be sued for accounting, delinquent reports, liquidated damages, attorney’s fees and court costs, auditor fees, and cost of suit.

Section 6

The Employer may recoup part of insurance benefit costs through payroll deduction. Effective July 1, 2025, the Employer shall deduct $41.00 per week. Effective February 1, 2026, deduct $44.00 per week. Effective February 1, 2027, deduct $45.00 per week. The Employer may reopen Article 17 within the first twenty-four (24) months with thirty (30) days’ written notice to the Union.

Section 1

The Employer shall provide eligible employees an unpaid leave of absence for a serious health condition of their own or family member, or to bond with a new child, up to 12 weeks per year in accordance with applicable law. Employees must provide at least 30 days’ advance notice if foreseeable. Eligible employees may also take unpaid pregnancy disability leave. A leave of absence for non-medical personal reasons (not to exceed 30 days and without pay) requires prior written permission. Failure to comply results in loss of seniority. Misrepresenting the reason for leave forfeits seniority and job. Accepting employment elsewhere while on leave results in discharge without recourse to Article 15.

Section 2

In addition to Article 18, unpaid leave for illness or injury over three (3) days shall be permitted for eligible employees as required by law. The Employer may require a physician’s statement and approval for such leaves.

Section 3

An employee who overstays an approved leave without arranging an extension shall be considered to have resigned without notice.

Section 4

During the first 30 days of an approved leave of absence an employee shall continue to accumulate seniority.

Section 1

Employees with one (1) year of continuous service who lose time due to involuntary jury service shall be reimbursed for wages lost, the difference between jury service pay and eight (8) hours at straight time rate per day, up to forty (40) hours per work week. The Employer is not obligated to pay more than five (5) days jury service per year.

Section 2

An employee called for jury service on a regular work day shall report to the Employer for any available time before court or after being excused. Failure to report waives the right to reimbursement.

Section 1

The Employer may employ one (1) part-time employee for every two (2) regular full-time employees. The work week for part-time employees shall not exceed twenty-four (24) hours except for summer help, vacation replacement, peak workload periods, or when regular employees are absent. Hours in excess of forty (40) straight time hours in a pay period week shall be paid at one and one-half (1 1/2) times the employee’s straight time hourly rate. A regular full-time employee shall not be laid off from a classification/store as long as a part-time employee is working in said classification/store. Part-time employees shall be paid weekly.

Section 2

The hourly rate of pay for part-time employees shall be determined by the Employer, but shall not be less than applicable minimum wage.

Section 3

Part-time employees are covered by the preamble to the Agreement; Articles 1, 2, 3, 4, 5, 6, 7 (Section 8), 12, 13, 14, 15, 20, 21, 22, 23, 24, 25, 28, 30, Attachment “A”, and shall not receive other benefits applicable to full time regular employees except as specifically provided in this Article 29.