CENTRAL PENNSYLVANIA

ABF OVER-THE-ROAD AND LOCAL CARTAGE

SUPPLEMENTAL AGREEMENT

For the Period:

April 1, 2018July 1, 2023 to June 30, 2023

PREAMBLE

The Employer, ABF Freight System, Inc., its successors, administrators, executors, heirs and

assigns (hereinafter referred to as the Employer) and Local Union Nos. 229, 401, 429, 764, 771,

773 and 776, affiliated with the Eastern Region of Teamsters and the International Brotherhood

of Teamsters (hereinafter referred to as the Union) agree to be bound by the terms and provisions

of this Agreement.

This Over-the-Road and Local Cartage Supplemental Agreement is supplemental to and

becomes a part of the Master Freight Agreement hereinafter referred to as the A.B.F. Master

Freight Agreement for the period commencing April 1, 2018, July 1, 2023 which Master

Agreement shall prevail over the provisions of this Supplement in any case of conflict between

the two, except as such Master Agreement may specifically permit. Questions arising out of

alleged conflicts shall be submitted directly to the National Grievance Committee.

ARTICLE 40. SCOPE OF AGREEMENT

Section 1. Operations Covered

The execution of this Agreement on the part of the Employer shall cover all truck drivers,

helpers, platform men, freight handlers, tow motor operators, checkers, switchers (or hostlers),

Teamster Riggers and such other employees as may be presently or hereafter represented by the

Union, engaged in over-the-road operations and/or in local pickup, delivery and assembling of

freight within the area located within the jurisdiction of the Local Union.

Section 2. Employees Covered

Employees covered by this Agreement shall be construed to mean, but not limited to, any driver,

chauffeur, or driver-helper operating a truck, tractor, motorcycle, passenger or horse-drawn

vehicle, or any other vehicle operated on the highway, street or private road for transportation

purposes when used to defeat the purposes of this Agreement. The term employee also includes,

but is not limited to, all employees used in dockwork, checking, stacking, loading, unloading,

handling, shipping, receiving and assembling.

Employees on student trips shall be paid in accordance with the provisions of this Agreement.

Over-the-road employee shall be any driver, chauffeur, or driver-helper, operating a truck or

tractor, or any other vehicle, for line haul transportation purposes between the terminals operated

by the Employer.

In all cases, hired or leased equipment shall be operated by an employee of the certificated or

permitted carrier. The Employer expressly reserves the right to control the manner, means and

details of, and by which the owner-operator performs his/her services, as well as the ends to be

accomplished.

Section 3.

Over-the-road drivers shall not be permitted to perform dock work, city pickup and delivery

services or peddle run service, except as specifically permitted in Article 57, Section 3,

Subsection 6(b) and Article 60. The prevailing local hourly wage rates shall govern all wages

and conditions of runs exclusively within a radius of the home terminal, provided the hourly

wage rates are equal to or higher than the mileage rates.

Section 4.

(a) This Area Supplement to the A.B.F. Master Freight Agreement does not cover or

prescribe the terms and conditions of employment for the following classifications of

employees which had been covered in the expired Central Pennsylvania Local Motor

Freight Agreement for the period August 15, 1962 through August 31, 1964: office

employees, mechanics, garage employees, garage helpers, greasers.

Wage rates and other conditions of employment covering these job classifications are now

prescribed in the Central Pennsylvania Mechanics and Office Employees Agreement,

effective April 1, 2008. It is agreed, however, that employees in these categories continue to

be a part of the Transport Employers Association, Inc. bargaining unit.

(b) It is agreed that the employees in the classifications of mechanics, garage employees,

garage helpers and greasers which classifications have been excluded from this

Supplemental Agreement, shall continue, however, to accrue, and hold Company and

terminal seniority and the right to claim work in the job classifications remaining in this

Supplemental Agreement, according to their seniority and subject to their qualifications

for the work claimed, where such right has prevailed in the past.

ARTICLE 41. LEAVE OF ABSENCE

Section 1. Time Off for Union Activities

The Employer agrees to grant the necessary time off without discrimination or loss of seniority

rights and without pay, to any employee designated by the Union to attend a labor convention or

serve in any capacity on other official Union business, provided twenty-four (24) hours’ written

notice is given to the Employer by the Union, specifying length of time off. The Union agrees

that, in making its request for time off for Union activities, due consideration shall be given to

the number of men affected in order that there shall be no disruption of the Employer’s

operations due to lack of available employees.

Section 2. Leave of Absence

Any employee desiring leave of absence from his/her employment shall secure written

permission from both the Union and Employer. The maximum leave of absence shall be for

ninety (90) days and may be extended for like periods. Permission for same must be secured

from both the Union and Employer. During the period of absence the employee shall not engage

in gainful employment unless there is an agreement to the contrary between the Employer and

Union. Failure to comply with this provision shall result in the complete loss of seniority rights

for the employees involved. Inability to work because of proven sickness or injury shall not

result in the loss of seniority rights.

Section 3.

Agreements between the individual Employer and the Local Union involved regarding

employees on leave of absence because of employment by the Union shall prevail.

A Union member elected or appointed to serve as a Union official shall be granted a leave of

absence during the period of employment in such position without discrimination or loss of

seniority rights and without pay.

Section 4.

When a driver’s permit has been revoked for reasons other than those for which he/she can be

discharged by the Company, under such circumstances he/she shall be offered available work

other than driving at the bottom of the extra list for the period of revocation; however, he/she

shall be offered such available work before it is assigned to new employees. He/she shall be

granted leave of absence for the time his/her permit is revoked, but not to exceed three (3) years.

ARTICLE 42. SENIORITY

Section 1.

(a) Seniority as measured by length of continuous service with the Employer shall prevail at all

times. The applications of seniority shall be determined by mutual agreement between the

Employer and the Local Union.

(b) A new employee shall work under the provisions of this Agreement but shall be employed

only for a thirty (30) day probationary period, during which period he/she may be terminated

without further recourse; provided however, that the Employer may not terminate a probationary

employee for the purpose of evading this Agreement or discriminating against Union members.

An Employer is not required to give an explanation for termination within the thirty (30) day

probationary period; however, he/she shall advise the Local Union, in writing, when a

probationary employee will not be recalled for work no later than ten (10) days from the date of

termination. After working fifteen (15) days of the probationary period, a probationary employee

will be placed on the regular extra list in accordance with his/her date of hire, and shall be

afforded work opportunity in accordance with such position standing. However, this position

standing does not entitle the probationary employee to any benefits of this Article during such

probationary period. After working thirty (30) days within a six (6) month period, the employee

shall be placed on the regular seniority list. The first day worked in the qualifying six (6) month

period shall be the employee’s seniority date.

In case of discipline within the thirty (30) day period, the Employer shall notify the Local Union

in writing.

Consistent abuse of the above provisions shall subject the Employer to the grievance procedure.

A probationary employee who is terminated by the Employer during the probationary period and

is then worked again at any time during the next full twelve months at any of that Employer’s

locations within the jurisdiction of the Local Union covering the terminal where he/she first

worked, shall be added to the regular seniority list with a seniority date as of the date that person

is subsequently worked. Probationary employees shall be paid at the new hire rate of pay during

the probationary period; however, if the employee is terminated by the Employer during such

period, he/she shall be compensated at the full contract rate of pay for all hours worked

retroactive to the first day worked in such period.

serving a probationary period. A casual may be either a replacement casual or a supplemental

casual as hereinafter provided. Casuals shall not be discriminated against for future employment.

(2) Replacement casuals may be utilized by an Employer to replace regular employees, when

such regular employees are off due to illness, vacation or other absence, except when an absence

of a regular employee continues beyond three (3) consecutive months, a replacement casual shall

not thereafter be used to fill such absence unless the Employer and the Local Union mutually

agree to the continued use of a replacement casual.

(3) Any casual used by the Employer for seventy (70) eight (8) hour shifts within six (6)

consecutive months, shall be automatically processed by the Employer to determine whether the

casual meets the Employer’s hiring standards and qualifications. After working seventy (70)

eight (8) hour shifts in six (6) consecutive months, the casual shall be placed on preferential

status. If after being placed on such preferential hiring list the casual works thirty (30) eight (8)

hour shifts, they shall be added to the seniority list with a seniority date as of the 30

tour.

If the casual employee meets the Employer’s hiring standards and qualifications for regular

employees, he/she shall be placed on a preferential hiring list for future regular employment and

shall be selected for regular employment in the order in which he/she was placed on the

preferential hiring list and he/she shall not be subject to any probationary period. His/her

seniority date will be the date he/she is put on the regular seniority list. Failure of the Employer

to add casuals from the preferential hiring list in this order shall subject the Employer to a

runaround claim.

If the casual employee does not meet the Employer’s hiring standards and qualifications, or

refused to accept regular employment while on the preferential hiring list, the casual and the

Local Union shall be so notified in writing and his/her use as a casual will be discontinued.

Casual employees on the preferential hiring list shall be offered available extra work in seniority

order by classification, as among themselves and shall be afforded the same verification call

procedure as regular employees, if unavailable at the time of a work call. The Employer shall not

be obligated to make more than one (1) call per casual to offer such work. Further, casuals on the

preferential hiring list shall have access to the grievance procedure in the event of disciplinary

action.

(4) When an Employer utilizes any combination of casual employees as a supplement to the

regular work force for thirty (30) days or more in two (2) consecutive calendar months, the

Employer shall be required to add one (1) employee to the regular seniority list from the

preferential hiring list for each such thirty (30) days worked by casual employees as described

above.

If there is no one on such list, the Employer shall select and place one of its currently employed

casual(s) into probationary status. Such probationary employee must be selected from that list of

casuals who worked in the above mentioned two (2) consecutive calendar months that caused the

selection process. The addition of the appropriate number of regular employees to be added must

be completed within sixty (60) days from the first day of the month following the start of the

probationary period. Failure to add regular employees within the prescribed time shall subject the

Employer to runaround claims.

(5) Four (4) hour casuals may be used to supplement the work force and shall not be called for

less than four (4) hours work; and, if worked over six (6) hours, shall be guaranteed eight (8)

hours. When an Employer calls casuals to work, they will inform the casual of their intent on the

length of the tour of duty (i.e., four (4) or eight (8) hours). Failure of the Employer to notify the

employee shall be considered an abuse and is subject to the grievance procedure. If four (4) hour

casuals are worked on a “back-to-back” or overlap basis, they will then be counted as

supplemental casuals as provided in subsection (4) above. Use of four (4) hour casuals in the

road classification shall be prohibited.

(6) A monthly list of all extra (e.g., laid off), casual (supplemental or replacement) and/or

probationary employees used during the month shall be submitted to the Local Union by the

tenth (10th) day of the following month. Such list shall show:

(a) the employee’s name, address and social security number;

(b) the date worked;

(d) the name and date, if applicable, of the employees absent.

This list shall be compiled on a daily basis and shall be available for inspection by a Union

representative and/or the job shop steward.

Any alleged violation or subterfuge of this section may be grieved by the Local Union.

(e) Employee’s Company seniority shall be dovetailed in the opening and closing of terminals

within the Central Pennsylvania Area. In the event of purchase or merger of companies, the

employees of the surviving company shall maintain their seniority standing. The employees of

the company purchased or merged shall be placed at the bottom of the surviving company’s

seniority listing in order of their seniority standing with their former company. The seniority of

such employees shall commence from the first day worked for the surviving company. In the

event of a merger, if there is a dispute in determining the surviving company, it shall be subject

to the grievance procedure.

(f) The provisions of Article 3, Section 3 shall apply to casuals.

Section 2.

(a) Seniority shall be terminated and the Employer-employee relationship shall be severed by

any of the following:

1. Discharge

2. Voluntary quit

3. Layoff for a period of five (5) years from last date of employment

4. Failure to respond to notice of recall

5. Unauthorized leave of absence or unavailable or failure to report for work for five (5)

consecutive workdays.

6. Voluntary retirement

(b) An employee who was removed from his/her Employer’s seniority list because of a total and

permanent related disability and who received total and permanent disability benefits from Social

Security and/or the Central Pennsylvania Teamsters Pension Fund and who recovers within a

period of five (5) years from the date of his/her disability and is physically and mentally

qualified to perform the work of his/her former position with his/her Employer shall be returned

to that position or in the classification of work he/she performed at the beginning of his/her

disability and in the seniority he/she held at that time.

Section 3.

Overtime work shall be assigned to employees within their respective job classifications in

accordance with the rules of seniority. In the application of overtime work, however, it is

understood that the Employer is not required to assign 6th and 7th day work in seniority when it

would result in a premium pay penalty; therefore, employees subject to straight-time pay may be

assigned work before employees subject to 1 1/2 time pay, and employees subject to straight-

time pay or 1 1/2 time pay may be assigned work before work is assigned to employees subject

to double-time pay.

A senior employee will be afforded work opportunity before a junior employee until he/she has

worked forty (40) straight time hours.

An employee that receives pay for a sick day, funeral leave, or jury duty, will be called in his/her

seniority position along with other employees being called for a sixth punch or seventh punch,

however, he/she will be paid in accordance with the provisions of this Agreement.

Section 4.

When it becomes necessary to reduce the working force, the last employee on the seniority list

shall be laid off first, and when the force is again increased, the employees shall be returned to

work in the reverse order in which they were laid off providing they still maintain seniority as

described herein; and further providing the employees retained at the time of layoff, or the

employees recalled at the time of recall from layoff, must be qualified to perform the work

required.

With respect to layoff affecting steward(s), the Employer and the Union agree that in the case of

more than one steward per classification (not shift), the protection against layoff will only be

applicable to that individual steward so designated by the Local Union as the chief steward. In

the absence of such designation by the Local Union, the Employer will recognize the protection

against layoff to the most senior employee by classification (not shift), designated a steward by

the Local Union.

When an employee has not been offered work opportunity for a period of two (2) consecutive

weeks he/she shall be considered as laid off.

When laid off employees are used three (3) days per week for four (4) consecutive weeks, the

senior laid off employee shall be recalled.

In the event of recall, the employees shall be given notice of recall by telegram verified

telephone call, registered or certified mail, sent to the address last given the Employer by the

employee. Within three (3) calendar days after tender of delivery of the Employer’s notice, the

employee must notify the Employer by telephone, telegram, registered letter, certified mail, of

his/her intent to return to work and must actually report to work within seven (7) calendar days.

In the event an employee is unable to report within the seven (7) calendar days, but notified the

Company of his/her intent to return to work and gives them a reasonable time that he/she will

report, said employees will not lose their seniority status. In the event the employee fails to

comply with the above provisions, he/she shall lose all seniority rights under this Agreement and

shall be considered as a voluntary quit.

Section 5.

The Local Union Representative and the Employer shall mutually agree, in writing, on

circumstances under which persons who leave the classification of work covered by this

Agreement, but remain in the employ of the Employer in some other capacity, may retain

seniority rights upon their return to their original unit. In the absence of such written agreement,

such employee shall lose all seniority rights upon leaving.

ARTICLE 43. GRIEVANCE PROCEDURE

Section 1. - Procedure

(a) Employees initiating grievances shall set forth their claim, in writing, to the Employer with a

duplicate copy to the steward and/or the Union Representative within seven (7) calendar days

after he/she returns to his/her home terminal or seven (7) calendar days from the occurrence of

the matter. In the event the employee fails to comply with these provisions of paragraph (a) the

grievance shall be considered untimely, thereby waiving his/her rights under the provisions of

Article 43. The Union shall, in its sole discretion and judgment, determine whether grievances

initiated by employees have sufficient merit to justify their submission through the grievance

procedure established herein. The Union Representative or steward shall first endeavor to settle

the matter by direct negotiations with the Employer, failure to resolve the matter, the grievance

shall be submitted to the A.B.F. Joint Area Grievance Committee within thirty (30) days of the

date of the grievance.

In the event more than one employee initiates a grievance, all employees shall be named in the

grievance. In cases of monetary claims, each named employee shall set forth his/her specific

claim in the grievance.

(b) The Union may initiate grievances by setting forth its claim in writing, signed by a Union

representative and filing the same with the Employer within ten (10) calendar days from the date

of the occurrence of the matter. In the event the Union fails to comply with these provisions of

paragraph (b) the grievance shall be considered untimely, thereby waiving their rights under the

provisions of Article 43. The Union shall have the right to file and obtain adjustment of a

grievance, notwithstanding the fact that it was or could have been the subject of an employee’s

grievance which was not filed by an employee.

authorized representative and filing the same with the Union within ten (10) calendar days from

the date of the occurrence of the matter. In the event the Employer fails to comply with those

provisions of paragraph (c) the grievance shall be considered untimely, thereby waiving their

rights under the provisions of Article 43. The rights and privileges of the Employer under this

paragraph shall be the same as the rights and privileges of the Union under paragraph (b) hereof.

(d) The parties shall attempt to meet and settle a grievance within a period of seven (7) days from

the date of filing of the grievance. Should the parties to any grievance be unable to settle, resolve

or adjust the matter within the period prescribed above, or any extended period, which shall have

been agreed upon between the Union and the Employer, then either the Union or the Employer

shall have the right to submit the grievance to the A.B.F. Joint Area Grievance Committee.

Section 2. - A.B.F. Joint Area Grievance Committee

(a) The A.B.F. Joint Area Grievance Committee shall be composed of the representatives of the

Employer and/or Employer Association, where applicable and the representative or alternate

from each of the Local Union Nos. 229, 401, 429, 764, 771, 773, 776. The expenses incurred by

the A.B.F. Joint Area Grievance Committee shall be borne equally by all the Local Union,

Employer and/or Employer Association, where applicable, members who are parties to this

Agreement. This Section may be modified by the Committee’s Rules of Procedure.

(b) The efficient operation of the Committee including those matters related to but not limited to

the selection and duties of the Secretary, the preparation of the agenda, the scheduling and

hearing of cases and the expenses of the Committee shall be governed by the Committee “Rules

of Procedure”.

The Secretary, if not a member of the A.B.F. Joint Area Grievance Committee, shall have no

voice in making decisions and shall perform only the duties assigned to him/her by the A.B.F.

Joint Area Grievance Committee.

The Secretary shall attend the meetings to prepare and keep the minutes and provide copies of

the minutes to the members of the Committee and shall also provide copies of the decisions of

the A.B.F. Joint Area Grievance Committee to all Employer and/or Employer Association, where

applicable, members and Local Unions who are party to cases heard.

and submitted to the Secretary on the agreed-to submission forms seven (7) days prior to the

meeting of the A.B.F. Joint Area Grievance Committee. It is agreed there shall always be equal

representatives of the Local Unions and Employer and/or Employer Association, where

applicable, members on the A.B.F. Joint Area Grievance Committee and the decision of the

majority of the Committee members present at the meeting shall be final and binding on all

parties with no further appeal.

(d) It is understood and agreed the Employer and the Local Union involved in a proceeding

before the Committee will be ineligible to act as a member of the A.B.F. Joint Area Grievance

Committee during that proceeding.

(e) When the A.B.F. Joint Area Grievance Committee fails to reach a majority decision, the case

shall be considered deadlocked and referred to the A.B.F. Eastern Region Joint Area Committee.

Except in cases involving “cardinal” infractions under the Central Pennsylvania Supplemental

Agreement, an employee to be discharged or suspended shall be allowed to remain on the job

until the discharge or suspension is sustained under the grievance procedure.

“Non-Cardinal” intent to discharge cases shall be docketed to be heard at the next regularly

scheduled A.B.F. Eastern Region Joint Area Committee/A.B.F. Joint Area Grievance Committee

meeting.

Discharge cases, which have been deadlocked by the A.B.F. Eastern Region Joint Area

Committee, shall be referred back to the Central Pennsylvania Negotiating Committee for

resolution. Failure of the Central Pennsylvania Negotiating Committee to resolve the issue, it

shall be submitted to final and binding arbitration as set forth in the Central Pennsylvania Joint

Area Grievance Committee Rules of Procedure.

(f) A pay award of the A.B.F. Grievance Committee referred to above, or a pay claim resolved

between the Local Union and the Employer, shall be paid no later than the 2nd regular pay day

after the Employer has received notice of the decision and award from the Grievance Committee,

or agreed to such pay claim settlement in writing. Consistent abuse of this provision may subject

the Employer to penalty pay.

The term “regular pay day” means the next regular pay day for the week in which the Employer

receives notice of the decision and award from the Committee.

(g) Questions involving interpretations of this Agreement will be referred to the A.B.F.

Negotiating Committee for a decision.

(h) Changes of Operation involving Local Unions bound by the terms and provisions of this

Agreement will be filed directly with the Central Pennsylvania Joint Area Grievance Committee.

Memorandum of Understanding

The undersigned parties have reached agreement with regards to Grievance Handling procedures

within the Eastern Region geographical area and this memorandum of understanding.

The following Joint Area Committees shall meet on a quarterly basis at a location agreed to by

the Company, TMI/Transport Employers (TEA) and the IBT Eastern Region Freight

Coordinator.

Northern New England

New England

New York State

New Jersey/New York

New Jersey/New York 701

Philadelphia & Vicinity

Central Pennsylvania

Maryland/DC

Virginia Freight Council

West Virginia

Additionally the Committee may be required to meet at a Supplemental location for a “special

hearing” of out of service cases, no later than thirty (30) days after the request is received by

TMI/TEA. In such event, any unresolved cases from that same Supplement may also be heard at

this session, if mutually agreed to by the Committee Chairmen, TMI/TEA, and the parties and

notification has been given to the same no less than seven (7) days prior to the scheduled

hearing.

The Committee shall be made up of Local Union representatives from the Supplement involved

and ABF Industrial Relations personnel or their designees. It is agreed that in order for a

Committee to hear a case there shall be an equal number of TMI/TEA Committee members and

Union Committee members sitting, not to exceed three (3) each and not less than two (2). It is

further agreed that local Union representatives who are appearing as presenters or witnesses for

the Local Union involved in a proceeding before a Panel, will be ineligible to act as a member of

that Panel. In addition, a member of a Local Union shall not sit on the Panel to hear cases

docketed by their own Local Union. The Company Panel for cases to be heard at any level shall

consist of not less than two (2) TMI/TEA Committee members (contractors).

In the event a grievance matter is deadlocked at the Joint Area Committee level, it shall be

referred to the ABF/TNFINC Eastern Region Committee for handling. If not resolved at this

level it shall be referred to the ABF/TNFINC Review Committee or to the ABF/TNFINC

National Grievance Committee.

It is incumbent on the Supplemental Committees and the Eastern Region Committee to modify

grievance machinery language and/or Committee Rules of Procedure accordingly to comply with

this MOU. The intent of this MOU is to modify hearing dates and locations to be uniform and

facilitate the grievance process. It is not the intent of this MOU to modify any provision of a

Supplement or Committee Rules of Procedures except as contained herein.

Committee expenses shall be financed by the fees established in the rules of procedure of each

Supplement.

Section 3. Examination of Records

The Local Union or A.B.F. Joint Area Grievance Committee shall have the right to examine time

sheets and any other records pertaining to the computation of compensation of any individual or

individuals whose pay is in dispute or records pertaining to a specific grievance.

Employees shall have the right to review their personnel file once a year upon written request to

the Employer. Such request shall be complied with by the Employer within ten (10) days.

Section 4. Right to Institute Legal Proceedings

Nothing herein shall prohibit legal proceedings by any party hereto for a breach of the provisions

of Article 53, Strikes and Lockouts.

Section 5. Claim for Delinquent Contributions to Health and Welfare and Pension

Funds

It is agreed that in the event any Employer is delinquent at the end of a period in the payment of

his/her contribution to the Health and Welfare Fund and/or Pension Fund, created under this

Agreement, in accordance with the rules and regulations of the Trustees of such Funds, and after

the proper official of the Local Union has given seventy-two (72) hours’ notice, excluding

Saturday, Sunday, and holidays, to the Employer of such delinquency in Health and Welfare or

Pension Fund payments, the employees or their representatives shall have the right to take such

action as may be necessary until such delinquent payments are made, and it is further agreed that

in the event such action is taken, the Employer shall be responsible to the employees for losses

resulting therefrom. Action for delinquent contributions may be instituted by either the Local

Union, or the Conference.

Any delinquent Employer must also pay all attorney’s fees and costs of collection.

Section 6. National Grievance Committee

All questions of interpretation involving any Article in the National Master Agreement not

specifically covered in this Agreement shall be promptly referred to the National Grievance

Committee by the Joint Area Grievance Committee.

ARTICLE 44. DISCHARGE OR SUSPENSION

The Employer shall not discharge nor suspend any employee without just cause but in respect to

discharge or suspension shall give at least one (1) warning notice of the complaint against such

employee to the employee, in writing, and a copy of the same to the Union affected, except that

no warning notice need be given to any employee before he/she is suspended or discharged if the

cause of such suspension or discharge is dishonesty, proven theft, drunkenness, drinking

alcoholic beverages, or while under the influence of alcoholic beverages, or drug intoxication as

provided in Article 35, Section 3, the use of narcotics (as described in the Federal Pure Food and

Drug Act), barbiturates, or amphetamines, or the possession of narcotics named above during a

tour of duty, refusal to submit to a sober-meter, other sobriety or alcohol test, recklessness

resulting in a serious accident while on duty, failure to report an accident, unprovoked assault on

an Employer or management supervisor, carrying of unauthorized passengers, willful abuse of

Company equipment or direct refusal to obey instructions from an authorized management

employee which are not in violation of this Agreement. While this Article clearly indicates

offenses for which an employee may be discharged without prior warning, there may be certain

instances where an employee’s gross misconduct or actions may justify suspension or discharge

without a prior warning. Gross misconduct is defined to mean proven conduct that exposes the

Employer to monetary liability from third parties, governmental entities or other employees.

Disputes arising from such instances shall be resolved by the Grievance Committee. The warning

notice as herein provided shall not remain in effect for a period of more than nine (9) months

from the date of said warning notice, and such warning notice shall be issued no later than seven

(7) days from the date the Employer became aware of the occurrence.

Any employee discharged away from his/her home terminal shall be provided the fastest

available transportation to his/her home terminal at the Employer’s expense. Any employee may

request an investigation as to his/her discharge or suspension. Should such investigation prove

that an injustice has been done an employee, he/she shall be reinstated. The Joint Local City

Grievance Committee and the Joint Area Grievance Committee shall have the authority to order

full, partial or no compensation for time lost. The Employer shall not in any way intimidate or

harass any employee in the performance of his/her duties.

If a letter of investigation is issued, the letter will not remain in effect for longer than thirty (30)

calendar days, unless it is a serious vehicular or tow motor accident.

Although theft of time and excessive absenteeism shall not be cause for immediate discharge, it

is recognized as an offense for which disciplinary measures may be invoked.

Uniform rules and regulations with respect to disciplinary action may be drafted but must be

approved by the Joint Area Grievance Committee. Such approved uniform rules and regulations

shall prevail in the application and interpretation of this Article.

ARTICLE 45. EXAMINATION AND IDENTIFICATION FEES

Section 1. Examinations

Physical, mental or other examinations required by a government body or the Employer shall be

promptly complied with by all employees; provided, however, the Employer shall pay for all

such examinations. The Employer shall not pay for any time spent or cost of such examination in

the case of applicants for jobs, and shall be responsible to other employees only for time spent at

the place of examination or examinations, where the time spent by employees exceeds two (2)

hours, and in that case, only those hours in excess of