THIS AGREEMENT made as of the 7th day of November, 2005, by and between SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (hereinafter called the “Authority”) and TRANSPORT WORKERS UNION OF AMERICA, affiliated with the AMERICAN FEDERATION OF LABOR and the CONGRESS OF INDUSTRIAL ORGANIZATIONS, and TRANSPORT WORKERS UNION OF PHILADELPHIA, LOCAL No. 234 (hereinafter called the “Union”), as the exclusive representative of all the employees of the Authority comprising the Transportation and Maintenance Units of the property formerly owned by the Philadelphia Transportation Company (hereinafter called the “Unit”) for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.

WITNESSETH:

WHEREAS, the Union was certified by the Pennsylvania Labor Relations Board in Cases Nos. 41 and 46, Year of 1943, as exclusive representative as above stated; and the Authority and the Union entered into and executed a comprehensive employer-employee Agreement, dated January 15, 1965, which Agreement has been modified and its term extended by certain amendatory and supplementary agreements entered into by and between the Authority and Union; and it is desired by the Authority and the Union that the comprehensive agreement of January 15, 1965 and all agreements amendatory and supplementary thereto be combined and integrated into one comprehensive employer-employee Agreement setting forth the presently effective agreement between them, for the convenience of the parties and the employees:

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed by and between the Authority and the Union as follows:

Article I
UNION

Section 101.              Union Recognition

The Union, having been certified by the Pennsylvania Labor Relations Board as above stated, is recognized by the Authority as the exclusive representative of all the employees of the Authority comprising the Unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment. This Agreement relates to such employees.

Section 102.              Maintenance of Membership

(a)     All present employees in the Unit shall, as a condition of employment, maintain membership in the Union in good standing on and after the thirtieth day following the beginning of such employment or the effective date of this Agreement, whichever is the later.

(b)     Employees who permanently transfer into the Unit from the Unit represented by the I.B.T. Local No. 500 shall, as a condition of employment, become members of the Union and maintain membership therein in good standing on and after the thirtieth day after such transfer becomes permanent, in accordance with Section 304 hereof, or the effective date of this Agreement, whichever is the later.

(c)     All newly hired employees shall, as a condition of employment, become members of the Union and maintain membership therein in good standing on and after the thirtieth day after they are assigned to work in the Unit or the thirtieth day after the effective date of this Agreement, whichever is the later.

(d)     The Union agrees to admit employees to membership without discrimination as to amount of initiation fees or dues or otherwise.

(e)     The provisions of this Agreement and of this Section 102 shall not be construed or applied to require the Authority to take any action which by law is made an unfair labor practice.

(f)      If a dispute arises as to whether an employee (1) is a member of the Union, or (2) has been discriminated against in being admitted to membership in the Union, such dispute shall be submitted for determination by a board of arbitration to be selected in the manner provided in Section 202 hereof. The decision of such board of arbitration shall be final and binding upon the parties.

(g)     Copies of current address lists and location seniority lists of all bargaining unit members employed in a location will be provided to the Union for each location covered by the Labor Agreement by March 15 and August 15 of each year.

Section 103.              Bulletin Boards

The Authority agrees to provide suitable bulletin boards at each of the principal places of business of the Authority at which large groups of employees are required to report, on which bulletin boards the Union may post notices relating to Union matters which notices are first submitted to the Authority’s designated representative and which one then permits to be posted. Such notices shall be restricted to notices of meetings and elections of the Union, of Union appointments to office and the results of its elections, and of Union social, educational or recreational affairs; and no such notice shall contain anything political, controversial or argumentative, or reflecting upon the Authority or any of its employees or any organization thereof. A bulletin board for the Union’s use will also be provided in the waiting room at SEPTA’s Medical Department.

Section 104.              Check-Off

(a)     An election having been held in accordance with the provisions of Section 6(1)(f) of the Pennsylvania Labor Relations Act and the Pennsylvania Labor Relations Board having certified that by such elections the Authority is authorized by a majority vote of all employees in the Transportation Unit and by a majority vote of all the employees in the Maintenance Unit, taken by secret ballot, to deduct from the wages of employees any dues payable to the Union, the Authority agrees that it will check-off dues payable to the Union in accordance with the following provisions:

Upon receipt of a proper written individual authorization from an employee, either direct or through the Union, the Authority will deduct from the wages of the employee such sum for one’s dues in the Union as the employee shall so authorize, so long as such authorization remains in effect. The Authority will accept and act upon only such signed written authorizations as it deems to be in proper form. Such deductions shall be made once each week. The amount so deducted shall be paid over by the Authority to the Union by direct deposit in the same week it is deducted. The dues information that is currently provided to the Union on computer printout will be converted into an ASCII format, downloaded onto computer diskettes, and provided promptly to the Union.

(b)     Upon receipt of a proper written individual authorization from an employee, either directly or through the Union, the Authority will deduct from the wages of the employee such sum as the employee shall authorize as voluntary contribution for candidates for elected public office to the Union Committee on Political Education Fund. Such deductions shall be made each week and shall be promptly paid over by the Authority to the Union’s TWU-COPE Fund.

Section 105.              Excuse From Work of Representatives

(a)     Upon written request by the Union to the Authority’s designated representative, a reasonable number of Union representatives not to exceed on any one day more than three Union Section Officers from one location or section and not more than thirty of such representatives from the Maintenance and Transportation Units respectively will be excused from work for a maximum of two days in any calendar week for the transaction of Union business provided such request is made not less than forty-eight hours prior to the time of such proposed absence and that such absence will not interfere with scheduled work or service; provided, however, that the Superintendent or Foreperson may excuse such a Union representative to handle grievances under Article II hereof without such amount of notice if one’s being excused will not interfere with scheduled work or service.

(b)     Full-time Union Officers who have been granted a leave of absence will be excused from work without limitation.

(c)     Union business as used herein and throughout this Agreement shall consist of the handling of grievances under Article II hereof, the conducting of negotiations with Authority representatives, and the participation in an authorized Union activity which has received prior approval by the Authority.

Section 106.              Additional Representatives

The Authority will pay five (5) employees designated by the Union at the specialist rate of pay for a maximum of forty-four (44) hours per week to perform work on grievances, health and safety and/or other labor management issues.  These employees will be released full-time to perform this work and will report to the Union.  These employees shall be entitled to benefits in accordance with the terms and conditions of this Agreement and will submit weekly time sheets to the Chief Labor Relations Officer on a weekly basis.

Article II
GRIEVANCE PROCEDURE; ARBITRATION

The following provisions of this section 201 shall become effective for all grievances filed subsequent to November 1, 1998. For grievances filed between July 1, 1995 and November 1, 1998 the grievance provisions of the 1995-1998 agreement shall remain applicable.  For grievances filed prior to July 1, 1995, the grievance provisions of the 1992-1995 agreement shall remain applicable.

Section 201.              Grievance Handling

A.      Contract Grievances

In any case where the subject matter of the dispute involves the application, implementation or interpretation of any of the provision(s) of the collective bargaining agreement, the Union may file the grievance directly to the Authority’s Labor Relations Department (a filing hereinafter referred to as the “Labor Relations step”); provided, however, that prior to holding a grievance hearing, an informal meeting must be held at the location, at which time the parties, including the Chief Officer/Senior Director or designee of equivalent grade and the Union, will make an effort to resolve the matter. Any such informal meeting must be held no later than five (5) working days following the filing of the grievance.

When the subject matter of the dispute involves a policy change by the Authority which directly impacts this Labor Agreement, the Union shall have the right to initiate a grievance at the Labor Relations step. Such grievances shall be filed in writing and shall include relevant facts and the sections of the contract which are alleged to be violated and why. The grievance will also state the remedy requested.

All grievances shall be presented initially no later than the fifth day following occurrence of the event giving rise thereto. Any grievance not presented within such time shall not be considered.

A Labor Relations step hearing shall be scheduled by Labor Relations within ten (10) working days from filing of a grievance. At the hearing, the Union will present specific facts, information, documentation, testimony and witnesses in support of its position. No later than forty-eight (48) hours prior to the hearing, the Authority shall deliver to the Union at the Union’s request copies of all documents, reports, memoranda, and other information requested by the Union reasonably related to the subject matter of the grievance. Upon request by the Union, Authority representatives will appear as witnesses at the Labor Relations step.

Not later than seven (7) working days following the hearing the Authority shall issue a written answer stating its disposition of the matter. If the disposition of the matter is not satisfactory, the Union may file the matter for arbitration within thirty (30) working days of receipt of the answer.

B.      Disciplinary Grievance Process

(a)     Investigation/initiation of charges/informal hearing

(1)     Upon receiving information that indicates an employee may have committed a disciplinary infraction, or upon an employee being barred from work under the provisions of paragraph D of this Section 201, the Director, Deputy Director or Assistant Director will place a notice in the Union Section Officer’s mail box indicating that he/she is initiating a comprehensive investigation to determine if disciplinary charges are appropriate. The Authority will provide a mail box at each location that has a Section Officer. Time limits under this section shall not begin to run until such notice has been afforded.  In the case of an investigation triggered by the suspicion that an employee is engaged in knowingly improper fare registration, theft, fraud, or criminal misconduct, the Authority may conduct an investigation to gather evidence of new acts of misconduct that would serve as a basis to discipline an employee without prior notice to the Union, provided, however, that within two (2) working days of obtaining such evidence, notice shall be provided to the Union Section Officer along with all documents, reports and other information related to the matter.

(2)     During the investigation, the Director, Deputy Director or Assistant Director will provide all relevant information, e.g. employee and witness statements to the Section Officer, as this information becomes available, and the Union will similarly provide such information to the Director, Deputy Director or Assistant Director. If, upon completion of the investigation, which must be completed within thirty (30) calendar days of notification that an investigation has begun unless extraordinary circumstances exist, disciplinary charges are to be issued, the Director, Deputy Director or Assistant Director will meet with the employee being charged and the Section Officer at an informal hearing held within seven (7) calendar days of the completion of the investigation to discuss the charges, to provide copies of and review all the evidence supporting the charges, to obtain the employee’s explanation, and to indicate a proposed disposition of the charges. If the disposition of the matter is not acceptable to the employee or the Union either may request a formal hearing within five working days of being advised of the Authority’s proposed disposition of the matter. No discipline will be issued prior to the formal hearing which will be scheduled by the Director, Deputy Director or Assistant Director.

(3)     If an employee fails to respond to the interview list, to satisfy the obligation of conducting an informal hearing within seven (7) calendar days, a hearing will be scheduled thirty (30) minutes prior to his 1st or 2nd half report or thirty (30) minutes after his 1st or 2nd half finish during the next seven (7) days.  If the employee fails to appear at the scheduled meeting, the informal hearing will be held in their absence.

(b)     Formal Hearing

(1)     A formal hearing will be conducted at the aggrieved employee’s location by a Chief Officer/Senior Director or his/her designee, provided, however, that such designee (i) shall not conduct formal hearings at the location to which he or she is assigned and (ii) does not have a rank below Director, at a time mutually acceptable to the Chief Officer/Senior Director or his/her designee and Union Staff Officer. The Union will be represented at the hearing by two Section Officers and one or more Staff Officers of the Union.

Formal hearings shall be held on a weekly basis, if necessary, at the employee’s location at a time mutually acceptable to the Chief Officer/Senior Director or his or her designee and Union Staff Officer.  Formal hearings shall be held no earlier than three (3) working days and no later than ten (10) working days following receipt of the request for a formal hearing.  If the Union Staff Officer postpones the scheduled hearing or is unavailable to schedule one within the prescribed time, the Authority may notify the Union President or his designee, who will schedule a meeting no later than five (5) working days after such notification.

(2)     At the formal hearing in all disciplinary cases, the representative of the Authority who preferred charges will present the evidence upon which the Authority relies to support its position in the matter and the Union will present the evidence upon which it relies to support its position. Authority witnesses must be present and subject to cross examination by the Union. If a witness is not available to attend the hearing, the Director, Deputy Director or Assistant Director and a Union representative will arrange for a joint interview to be conducted by the Director, Deputy Director or Assistant Director and a Union representative at a mutually convenient date, time and place. The information and any documentation received at the joint interview may be considered in determining the results of the hearing. Where a witness fails to appear, the Authority shall not be permitted to introduce reports containing statements by such a witness in support of the disciplinary action, unless such an arrangement is jointly agreed. The employee will have an opportunity to address the Chief Officer/Senior Director or his/her designee and to answer questions. In cases involving public complaints, if the public complainant fails to either testify or provide a joint interview, no disciplinary action will be taken. However, the complaint will be placed in the employee’s file with its disposition noted.

Chain of custody documents may be introduced at formal hearings without authentication of a witness representing the Authority’s Medical Department, however Medical Department witnesses may be called to testify in cases where the chain of custody document itself is material to the dispute.

Police reports may be introduced without a witness on the basis of a joint interview with the officer who wrote the report.

The Chief Officer/Senior Director’s or his/her designee’s decision with respect to charges heard at a formal hearing will be made in writing within five (5) working days of the conclusion of the hearing, a copy of which shall be faxed and mailed to the Union.

When an employee is to be discharged, such discharge will take place in the presence of a Section Officer if one is available. If a Section Officer is not available, or if an employee is discharged or dropped from the rolls by a letter, the Authority will notify the Union within three (3) working days. Such notification shall be done by mailing and/or faxing a copy of the letter to the office of the Union’s President.

(c)     Labor Relations Step

(1)     If the disposition of the matter at the formal hearing is not satisfactory to the Union, it may be referred to the Labor Relations Step of the grievance procedure by the designated representative of the Union giving written notice to the Authority’s Labor Relations Department. Such written notice shall be filed not later than three (3) working days following the receipt of the answer of the Chief Officer/Senior Director or his/her designee by the Union.

(2)     No later than forty-eight (48) hours prior to the hearing, the Authority shall deliver to the Union at the Union’s request copies of all documents, reports, memoranda, and other information reasonably related to the subject matter of the grievance.

(3)     The Labor Relations step of the disciplinary grievance process will be conducted by SEPTA’s Labor Relations Department. There shall be a meeting at least once each week at a time and place that is mutually convenient to discuss disciplinary grievances which have been appealed to such step. Grievances that are to be discussed must be properly scheduled at least two (2) working days prior to the Labor Relations Step hearing. Arrangements will be made to hold hearings on grievances appealing discharges of employees on more than one day each week, as necessary. Either party shall have the right to call a special meeting to discuss emergency matters.

(4)     At the Labor Relations step, the Union will be represented by one (1) Section Officer and at least one Staff Officer of the Union. The facts presented at the earlier steps will be presented by a representative of the Union and of the Authority, and additional information relevant to the case may be presented. Each side may present arguments. The grievant will also be given an opportunity to address the Labor Relations Step hearing officer.

(5)     Not later than seven (7) working days following the Labor Relations Step hearing, the Authority shall give its answer stating its disposition of the matter.

C.      Progressive Discipline

(1)   Positive Performance Counseling Program

(a)(1)      Discipline and Discharge:  The Authority shall have the right to discipline or discharge employees for just cause.

(2)           Progressive Discipline:  When appropriate, progressive discipline will be imposed as follows:

·         Verbal Warning

·         Written Warning

·         1-Day Administrative Suspension

·         3-Day Suspension (2 days administrative and 1 day without pay)

·         Discharge

All suspensions for attendance related infractions will be administrative.  Disciplinary suspensions will not be served until the completion of the Labor Relations step.

(3)           Signal Violations:  Employees who have committed signal violation(s) will receive a five (5) day suspension (4 days administrative and 1 day without pay) and may be subject to drug and alcohol testing in accordance with the Authority’s Drug and Alcohol Policy.  A second signal violation within twenty-four (24) months will receive a ten (10) day suspension (9 days administrative and 1 day without pay) and may be subject to drug and alcohol testing in accordance with the Authority’s Drug and Alcohol Policy.  A third signal violation within twenty-four (24) months will result in discharge.  However, an employee who has tested positive for drugs or alcohol after committing any signal violation shall be subject to immediate discharge.  Nothing in this section shall limit or preclude the Authority from imposing disciplinary measures, up to and including discharge, for serious safety violations other than signal violations, or from requiring an employee who has committed a serious safety violation other than a signal violation from submitting to reasonable cause or post-accident drug and alcohol testing.

(4)           Employees who commit six (6) SQR violations in a rolling one year period will be subject to discipline under the progressive discipline policy. Each violation on a single SQR report shall be counted separately. This provision shall be limited to the following types of violations on SQR reports:(1) uniform and appearance violations; (2) display of correct route and block number; (3) verification of proper senior citizen fares; (4) operational fare box and pass reader; and (5) the announcement of required stops (unless inconsistent with the ADA Consent Decree).

(5)           SEPTA will provide notice of a potential violation from an SQR ride to a representative of Local 234 within seven (7) days of the SQR ride.

(6)           Positive Performance Counseling Program: The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to foster a more healthful and productive environment in which to address problems in the work place.  Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind.  Employees will be counseled by a Director, Assistant Director, or Maintenance Manager.

The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed.

An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions:

(i)       Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded.

(ii)     If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s active employment will terminate unless the Union requests final settlement of the matter, with a “last chance.” Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer.

(iii)    A “last chance” will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s requesting final settlement of the matter with a “last chance,” the employee will be required to report to his/her Director or designee for “Discharge/Decision Day,” the final and most serious step in the PPCP. On “Discharge/Decision Day,” the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior.  The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services.

(iv)   Should an employee on “last chance” probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 and 202 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge.

(v)     An employee shall be eligible for only one “last chance” in his or her career.

D.      Barred from Work

Employees shall not be barred from reporting for work except for offenses set forth in Section 1203, theft, negligence in registration of fares, willfully leading an unauthorized work stoppage, being under the influence of drugs or alcohol, refusal to obey a direct order, violation of law, fighting, assaulting a supervisor, customer or other employee, and possession of a deadly weapon.

In all progressive discipline cases, employees shall be permitted to continue working until the grievance procedure is concluded.

Employees who have been barred from work will receive a formal hearing not later than fifteen (15) working days from the date barred from work or be returned to work.

Employees who have been barred from work shall, upon reinstatement to employment, except in cases when an employee was operating without a valid license, be compensated for all time lost unless otherwise agreed by the Authority and the Union.

E.      Accidents

(1)     For the purposes of determining discipline in the Transportation Department, two “preventable” accidents shall be treated as the equivalent of one “chargeable” accident.  When an operator claims a vehicle defect contributed to an accident, a section officer, if one is available, will be present when the mechanical investigation is ongoing. Such investigation will take place before “No Trouble Found” (NTF) is issued and used as a justification for operator discipline.

(2)     All accidents resulting in discipline must be classified by the time of the informal hearing. If they are not classified, the hearing will be rescheduled within twenty-four (24) hours.

Where it becomes necessary to reschedule the informal hearing due to an accident not being classified, and a discharge is reduced, the employee will be paid for each day he\she was held off beyond the discipline assessed in his\her case.

F.       Discharges

(1)     In any case where an employee has been discharged, the hearing at the Labor Relations Step of the grievance procedure will not be held until one shall have turned into the Authority all property of the Authority theretofore delivered to one, and the hearing will not be held until the employee shall have settled all accounts with the Authority. If the employee has not settled accounts, he/she will be permitted to settle the outstanding balance within the number of months equal to the total amount owed divided by $50.00 or twelve months, whichever is less. If the employee fails to comply with the above, the employee will be deemed to have abandoned the grievance and it will be processed no further.

(2)     In discharge cases, the Authority shall make available to the Union within seven (7) days after the Labor Relations Step response, copies of the record of the employee for the last three years.

G.      Union Representation

The Authority will allow pay to working employees who are union representatives for loss of work time when attending grievance meetings with Authority representatives during their regularly scheduled working hours in an amount not to exceed 2,112 pay hours per month, the distribution of these hours to be mutually agreed upon by the Union and the Authority quarterly in advance. The allowance of time off with pay will be made in the following manner.

(1)   MAINTENANCE GROUPS

Two (2) Union grievance representatives will be paid for time lost during their regularly scheduled work hours when attending scheduled formal grievance meetings with Authority representatives; provided, however, that no more than one (1) Union grievance representative at a time will be permitted to attend labor relations step hearings.  The Union and Authority shall cooperate in the efficient scheduling of all grievance meetings.

(2)   TRANSPORTATION GROUPS

Two (2) Union grievance representatives will be paid four hours or their second half off with pay when attending scheduled formal grievance meetings with Authority representatives; provided, however, that no more than one (1) Union grievance representative at a time will be permitted to attend labor relations step hearings.  The Union and Authority shall cooperate in the efficient scheduling of all grievance meetings.

(3)   MAINTENANCE AND TRANSPORTATION GROUPS

In addition to the allowances of time off with pay outlined in (l) and (2) above and within the maximum extent of the allowance specified for the respective group, Section Officers who attend grievance hearings who are scheduled to work at night or who attend such hearings on one of their days off or during their vacations will be excused with pay for a half-day on the scheduled work day immediately preceding or following the day of the Labor Relations step grievance hearing.

(4)   GENERAL

The individual Union representatives to whom the allowances will be made will be determined by the Union. Union grievance representatives as defined above will be duly elected or appointed section representatives and will be confirmed as such in writing by letter from the local Union President. Each month will be considered as a separate unit and no allowances will be made for any unused time allowance of any previous month or months.

Aggrieved employees whose presence at grievance hearings is requested by the Authority will be reimbursed by the Authority for loss of any regularly scheduled working time resulting from such attendance.

The word “group” as used herein means the employees, whether at one or more locations of work, who it is mutually agreed by the Authority and the Union shall be represented by particularly specified Union grievance representatives for them.

H.      Joint Labor-Management Alternative Dispute Resolution Program

Effective on November 1, 1998, the parties agree to establish a joint labor-management alternative dispute resolution program to be funded by the Authority at the rate of 0.7 cents ($.007) multiplied by 40 hours multiplied by the number of bargaining unit members, payable weekly into a jointly administered fund.  The program shall be chaired, and the funds administered, by the Chief Labor Relations Officer and the President of the Union.  This fund will be used for the purpose of developing alternate dispute resolution mechanisms and the mediation of disputes arising under this labor agreement, including to pay the salary of one (1) Union staff person to assist in this effort.

The parties agree to form a Joint Labor-Management Committee, which, with a third-party facilitator, will consist of two (2) representatives appointed by the President of the Union and two (2) representatives appointed by the Chief Labor Relations Officer of the Authority, to consider issues relating to discipline and morale and to develop and recommend solutions that will cause a reduction in grievances.

I.        Miscellaneous

(1)     Any employee believing oneself to be aggrieved will be interviewed by their location Director or designee  for the purpose of trying to resolve the matter without resorting to the grievance procedure.

(2)     No employee or representative of the Union shall leave one’s work or fail to appear for one’s work for the purpose of presenting any grievance or in connection with the handling of any grievance without first having obtained the consent of one’s Director or designee or Foreperson.

(3)     The Union will notify the Labor Relations Department, in writing, when an employee who is dropped from the rolls for expiration of sick leave has a disputed workers compensation claim. The time limits for filing a grievance included in Section 201 for such employee will not begin until the workers compensation claim is resolved and the Union receives notice of resolution from the Authority.

(4)     Once a grievance has been presented by any Section Officer and disposed of through the prescribed grievance machinery, the same subject matter shall not again be presented for reconsideration as a grievance by any other Section Officer. No grievance shall be discussed except in accordance with this procedure.

(5)     In any case where an employee elects to appear on behalf of oneself, one’s Union section officer shall be notified by the Director or designee or Foreperson, or if an employee has been represented by the Union Section Officer at a hearing before the Chief Officer and later elects to appear on behalf of oneself at a subsequent step of the grievance procedure, the Union shall be notified by the Authority, and the appropriate Union representative shall also have the right to be present at all hearings and negotiate with respect to the disposition of the grievance. In any case where an employee elects to appear on behalf of oneself and the Union representative does not find it convenient to attend a hearing within three (3) days of such notification, such employee need not wait longer for such Union representative to attend the hearing and the same may then be held at the mutual convenience of such employee and the representative of the Authority.

(6)     If a public complaint is entered in an employee’s record, the employee will be given a copy of that complaint if he/she signs for such copy.  Public complainants will be interviewed in the presence of a Union representative, provided that if the Union representative does not show up for the interview, the interview will proceed without the Union representative.  Any evidence obtained at the interview will be admissible regardless of whether the Union representative was present.

(7)     All discipline entries including white card verbals must be initialed by the employee or by his/her Section Officer if the employee refuses. Employees shall be given a copy, upon request, of everything they sign including documents signed at SEPTA Medical. This requirement shall not apply to Cashiers. Cashier interviews that do not involve discipline will be conducted on the telephone or in person by a Supervisor visiting the Cashier’s work location.

Section 202.              Arbitration

The following provisions of this section 202 shall become effective for all grievances submitted to arbitration subsequent to July 1, 1995. For grievances submitted to arbitration prior to July 1, 1995 the arbitration provisions of the 1992-1995 agreement shall remain applicable.

(a)