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2004-062 Resolution
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2004-062 Resolution
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1/9/2014 3:58:38 PM
Creation date
12/30/2013 9:32:02 AM
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North Olmsted Legislation
Legislation Number
2004-062
Legislation Date
4/6/2004
Year
2004
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ARTICLE 30 <br />JOB SECURITY <br />Section 30.01 The Employer and the Union recognize that the City of North Otmsted derives its <br />authority to the operate the North Olmsted Municipal Bus Line (NOMBL) from an operating agreement <br />between the Greater Cleveland Regional Transit Authority (GCRTA) and the City of North Olmsted. <br />Both the Employer and the Union recognize that said operating agreement provides certain job <br />protections for NOMBL employees in the event that the Employer ceases to operate the NOMBL. <br />Section 30.02 The Employer and the Union agree that the City of North Olmsted shall have no full- <br />time job security obligations, except as are provided for in the agreement between the City of North <br />Olmsted and the GCRTA, in this Agreement, and as provided by law. <br />Section 30.03 The Employer and the Union recognize that wages provided by the Employer pursuant <br />to this Collective Bargaining Agreement, may not excced those available to similarly situated employees <br />of the GCRTA. The parties hereto recognize and agree that some benefits and terms and conditions of <br />employment provided by the Employer may exceed those available to similarly situated employees of the <br />GCRTA. In the Event the Employer no longer contractually provides transit services with GCRTA, all <br />terms and conditions of employment shall be negotiated with GCRTA including but not limited to, <br />wages, hours and fringe benefits. The Union, in the event NOMBL is acquired by GCRTA shall have all <br />rights afforded to employees in ORC 306 as well as any other Sta.te or Federal Law conferring <br />protection on transit employees, as well as the rights set forth herein. It is further mutually understoad by <br />the City of Notth Olmsted and the Union that the City of North Olmsted has no present plans to divest <br />itself of the North Oimsted Municipal Bus Line. Should the City of North Olmsted in the future divest <br />itself of the bus line, the following actions sha11 take place: <br />A. The City of North Olmsted sha.ll notify the AFSCME Ohio Council8 and AFSCME Local 3517, <br />NOMBL in writing, as soon as practicabte of such divestiture, but in no event will the notice be sent <br />later than seven days after the six (6) month period provided for in Section 26.2 of the Running <br />Agreement between the GCRTA and the City. <br />B. The City of North Olmsted shall contact the GCRTA to request negotiations start far the <br />acquisition of the North Olmsted Municipal Bus Line Employees, and inform and keep informed the <br />Union. <br />C. Those employee.s not hired by the GCRTA shali immediately be paid all accruei vacation and <br />holiday pay and be placed on priority hiring list that will be started by the City with the assistance of the <br />Union and will remain in effect for two (2) years; excluding, however, any and all positions where the <br />original appointments are required to be filled by Civil Service competitive testing as weli as any position <br />that is considered to be supervisory in nature. <br />Section 30.04 The Employer may continue to subcontract work for the NOMBL, as long as it does <br />not cause lay-off or reduction in the NOMBL work force. <br />Section 30.05 In the event that the Emptoyer ceases, in whole or in part, to provide transit services <br />and sells, assigns, leases or otherwise transfers all or part of the work covered by this agreement, or in the <br />event GCRTA makes a similar decision such that the Employer ceases to provide transit services, then <br />the Employer shall notify the Unian, in writing; as soon as the City becomes aware. The use of the work <br />"part" above shall not inctude schedule adjustments, route modifications or cancellatiuns, because of <br />changing ridership demographics. <br />27
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