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Home My WebLink About29123 / 77-16Septe�rber 15 , 19 7 7 # 16 RESOIdJTION PURPQSE: ENTER INPO AGREII�4QVT WITH F��IPLOYEFS' UNION OF CITY TRI�NSIT LINFS, INC. INITIATED BY : DEPARTMQ�IT UF COM[`�[3NITY DEVEIAPME'N'I' BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached 13-C Agrcement with the employees' union of Cit_y Transit Lines, Inc. ,_�__ - -- -------__._______ _ �__.�.�, - 16 - � AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED WHEREAS, the City of Oshkosh (hereinafter referred to as the "City") has filed applications under the Urban Mass Transportation Act of 1964, as amended (hereinafter referred to as the "Act") for 1975, 1976, and 1977 operating assistance to assist in the financing of Transit Operating deficits for the above years (hereinafter referred to as the "Projects"), as more fully described in the project applications; and WHEREAS, such operating assistance will be used by the City in defraying the operating deficit and providing local bus transportation; and WHEREAS, the City is the unit of government formerly designated as the recipient for receipt of Federal transit aids allocated to the State of Wisconsin for the Oshkosh urbanized area throughout the period for which operating assistance applications have been filed: and WHEREAS, the City contracts for provision of operating and maintaining a passenger transportation system and facilities within its Service Area with the private operater known as City Transit Lines, In c ; and WHEREAS the employees of City Transit Lines, Inc. are represented by Independent Transportation Employees Association of Oshkosh, Wisconsin; (hereinafter referred to as the "Union"); and . � WHEREAS, Sections 3(e) (4) and 13(c) of the Act require as a condition of any assistance equitable arrangements be made as determined by the Secretary of Zabor "to protect the interest of employees affected by such assistance", and WHEREAS, the parties hereto now desire to assist the Secretary of Labor by agreeing upon such arrangements to protect the interests of said employees as will be fair and equitable; NOW, THEREFORE, it is agreed that the following terms and conditions shall apply in the event that this Project is approved for assistance under the Act: (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect the employees covered by this Agreement. (2) All rights, privileges and benefits (including pension rights and benefits) of employees represented by the Union (including employees having already retired) under existing collective bargaining agreements shall be preserved and continued. (3) The collective bargaining rights of the employees covered by this agreement, including the right to arbitrate labor � disputes, to maintain union security and checkoff arrangements, as provided by applicable laws and existing collective bargaining agreements, shall be preserved and continued. (4) Any dispute or controversy regarding the application, interpretation , or enforcement of any of the provisions of this agreement which cannot be settled by the interested parties within thirty (30) days after the dispute or controversy first arises, may be submitted at the written request of the Union or the City to an impartial arbitrator appointed by the Wisconsin Employment Relations Commission. The decision reached shall be final, binding and conclusive and shall be returned within (30) days of the hearing or the filing of briefs, whichever is later. Costs of the arbitration shall be borne equally by both parties. (S) No employee represented by the Union shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto, at any time during his employment as a result of the Projects. An employee shall not be regarded as deprived of employment or placed in a worse position as above provided, in case of his resignation, death, retirement, dismissal for cause in accordance with applicable agreements, failure to work due to disability or discipline or failure to obtain a position available to him in the exercise of his seniority rights in accordance with applicable agreements. In any claims handling procedure under this agreement, the City shall have the burden of coming forward witY� any evidence in its possession affirmatively establishing that any claimed deprivation of employment or other worsening of employment position has not been a result of the projects. In the event of any dispute or controversy regarding the application, interpretation or enforcement of this agreemen�, -the agrieved party may submit the grievance to final and binding arbitration. (6) Any employee represented by the Union who would otherwise be terminated or laid off for lack of work as a result of the Projects, shall be granted priority of employment or reemployment to fill any vacant position under the control of the City for which he is, or by training or retraining can become qualified. In the event training or retraining is required by such employment or reemployment, the City or its designee shall provide or provide for such training or retraining at no cost to the employee, and such employee shall be paid, while training or retraining, the salary or hourly rate of his former job classification. (7) Nothing in this agreement shall be undertaking by the Union or the employees covered to forego any rights or benefits under any other any provision of the law. C2) construed as an by this agreement agreement or under ..r (8) The phrase "as a result of the Projects" shall, when used in this agreement, include events occurring in anticipation of, during and subsequent to the Projects, provided, however, that such are attributable to the Projects. (9)� This agreement shall be binding upon the suceessors and assigns of the parties hereto, and no provisions, terms of obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of arrangements made by the City to acquire, manage and operate the system assisted by the Projects. Any person, enterprise, body or agency, whether publicly- or privately-owned, which shall undertake the acquisition, management or operation of the transit system, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (10) Any persons, enterprise, body, or agency, whether publicly- or privately-owned, which shall undertake the management or operation of the transit system assisted by the Projects or any part thereof, shall offer the employees of that system represented by the Union continued employment on that part of the transit system affected in accordance with the seniority rosters and agreements then applicable to the transit system. (11) In the event any provision of this agreement is held to be invalid or otherwise unenforceable under federal, state or local law,.such provision shall be re-negotiated for purposes of adequate replacement under Section 13(c) of the Act. If such negotiation shall not result in mutually satisfactory agreement, any party may invoke the jurisdicition of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated_in__this �greement�:and_�ny-other--appropriate action, remedy, or relief: - (12) The foregoing terms and conditions shall be made part of the contract of assistance for the Projects between the federal government and the applicant for federal funds, provided, however, that this agreement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties hereto, in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective duly authorized representatives this day of , 1977. CITY OF OSHKOSH By William Frueh, City Manager Independent Transportation Employees Association of Oshkosh, Wisconsin : Witness Converse Marks City Clerk (3) j� - �; ✓_:-� 1� C_-C_.� � _ . -, . . ,� 1 September 15 , 19 77 # 16 RESOLUTICxV (CARRIID 7AST I,AID OST�R WITHDRAL�7N ) PURPOSE : E�1'I�FZ INZ.'p AGREII�IF�tT WITH F��UJY�S' Wi ION QF CITY TRANSIT LINES , INC . INITIATED BY: DEPARTN�IT OF COMMUNITY DEV"jr�PN�1'I' BE IT RESOLVED by the Comm�n Council of the City af Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached 13-C Agree�nt with the e�loyees' union of Cit_y Transit Lines, Inc. _ ,� _ � stcfopletf by the Cour.cil o� i�e City of Oshicosh S 1 5 1977 .:......�t�c:�.,a� �-',� 1 �,�' , ...... _�,,. ....... � �� .� . AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED WHEREAS, the City of Oshkosh (hereinafter referred to as the "City") has filed applications under the Urban Mass.Transportation Act of 1964, as amended (hereinafter referred to as the "Act") for 1975, 1976, and 1977 operating assistance to assist in the financing of Transit Operating deficits for the above years (hereinafter referred to as the "Projects"), as more fully described in the project applications; and WHEREAS, such operating assistance will be used by the.City in defraying the operating deficit and providing local bus transportation; and WHEREAS, the City is the unit of government formerly designated as the recipient for receipt of Federal transit aids allocated to the State of Wisconsin for the Oshkosh urbanized area throughout the period for which operating assistance applications have been filed: and WHEREAS, the City contracts for provision of operating and maintaining a passenger transportation system and facilities within its Service Area with the private operater known as City Transit Lines, In c ; and WHEREAS the employees of City Transit Lines, Inc. are represented by Independent Transporta�ion Employees Association of Oshkosh, Wisconsin; (hereinafter ref erred to as the "Union"); and � WHEREAS, Sections 3(e) (4) and 13(c) of the Act require as a condition of any assistance equitable arrangements be made as determined by the Secretary of Zabor "to protect the interest of employees affected by such assistance", and WHEREAS, the parties hereto now desire to assist the Secretary of Labor by agreeing upon such arrangements to protect the interests of said employees as will be fair and equitable; NOW, THEKEFORE, it is agreed that the following terms and conditions shall apply in the event that this Project is approved for assistance under the Act: (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect the employees covered by this Agreement. (2) All rights, privileges and benefits (including pension rights and benef its) of employees represented by the Union (including employees having already retired) under existing collective bargaining agreements shall be preserved and continued. (3) The collective bargaining rights of the employees covered by this agreement, including the right to arbitrate labor � disputes, to maintain uni.on security and checkoff arrangements, as provided by applicable laws and existing collective bargaining agreements, shall be preserved and continued. (4) Any dispute or controversy regarding the application, interpretation , or enforcement of any of the provisions of this agreement which cannot be settled by the interested parties within thirty (30) days after the dispute or controversy iirst arises, may be submitted at the written request of the Union or the City to an impartial arbitrator appointed by the Wisconsin Employment Relations Commission. The decision reached shall be final, binding and conclusive and shall be returned within (30).days of the hearing or the filing of briefs,� whichever is later. Costs of the arbitration shall be borne equally by both parties. (5) No employee represented by the Union shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto, at any time during his employment as a result of the Projects. An employee shall not be regarded as deprived of employment or placed in a worse position as above provided, in case of his resignation, death, retiremerit, dismissal for cause in accordance with applicable agreements, failure to work due to disability or discipline or failure to obtain a position available to him in the exercise of his seniority rights in accordance with applicable agreements. In any claims handling procedure under this agreement, the City shall have the burden of coming forw3rd with any evidence in its possession affirmatively establishing that any claimed deprivation of employment or other worsening of employment. position has not been a result of the projects. In the event of any dispute or controversy �egarding the application, interpretation or enforcement of this agreement; -�the -agrieved party may submit the grievance to f inal and binding arbitration. (6) Any employee represented by the Union who would otherwise be terminated or laid off for lack of work as a result of the Projects, shall be granted priority of employment or reemployment to fill any vacant position under the control of the City for which he is, or by training or retraining can become qualif ied. In the event training or retraining is required by such employment or reemployment, the City or its designee shall provide or provide for such training or retraining at no cost to the employee, and such�employee shail be paid, while training or retraining, the salary or hourly rate of his former job. classification. (7) undertaking by to forego any any provision Nothing in this agreement shall be the Union or the employees covered rights or benefits under any other of the law. C2) construed as an by this agreement agreement or under . (8) The phrase "as a result of the Projects" shal.l, when used in this agreement, include events occurring in anticipation of, during and subsequent to the Projects, provided, however, that such are attributable to the Projects. � (9)� This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms of obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of arrangements made by the City to acquire, manage and operate the system assisted by the Projects. Any person, enterprise, body or agency, whether publicly- or privately-owned, which shall undertake the acquisition, management or operation of the transit system, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. � (10) Any persons, enterprise, body, or agency, whether publicly- or privately-owned, which shall undertake the management or operation of the transit system assisted by the Projects ar any part thereof, shall offer the employees of that system represented by the Union continued employment on that part of the transit system aff ected in accordance with the seniority rosters and agreements then applicable to the transit system. (11) In the event any provision of this agreement is held to be invalid or otherwise unenforceable under federal, state or local law, such provision shall be re-negotiated for purposes of adequate replacement under Section 13(.c) of the Act. If such negotiation shall not result in mutually satisfactory agreement, any party may invoke the jurisdicitian of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated_ in__this agreement, and_any-other--appropriate action, remedy, or relief-: � - � (12) The foregoing terms and conditions shall be made part of the contract of assistance for the Projects between the federal government and the applicant for federal funds, provided, however, that this agreement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parti:es hereto, in accordance with i.ts terms. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective duly authorized representatives this� - f�L�tPPnth day of September , 19 7 7. CITY OF SHKOSH BY ��' �� r'� �� G3"i liam Frueh, City Manager Independent Transportation Employees Association of�-Oshkosh, Wisconsin : Wi,�ess �onverse Marxs City Clerk '` � � � � �� `J � � a� � �� a� � � a� c� � � v 80 4a Q O U2 N � � y O � O rl f.� � -1-� • � U] • '� rl O N r!� � F-r .I-� � N F-r D, � O Cd o�a �U � � +� � � �W� � �I cn o o ,� � r-I u2 +� ct3 .�-� N •rl � O fz 3 E-� � ti ti rn � � � � � � � N � "'\\ U � vv � f�. �I-� N rl i/2 U - -_ - . -- :-.�=-,��.. _ .. ------�,