Amalgamated Transit Union

Local 1637 Operators and Mechanics of "Citizens Area Transit" The (CAT) System.

2350 South Jones Blvd., Suite 101-C7, Las Vegas, Nevada 89146

Our CBA

SECTION 1 - PARTICIPATIVE WORK AGREEMENT

SECTION 2 - ENTIRE AGREEMENT

SECTION 3 - SUBORDINATION OF AGREEMENT/SAVINGS CLAUSE

SECTION 4 - RECOGNITION

SECTION 5 - UNION RIGHTS

SECTION 6 - MANAGEMENT RIGHTS

SECTION 7 - EMPLOYEE COOPERATION

SECTION 8 - NONDISCRIMINATION

SECTION 9 - WORK STOPPAGES

SECTION 10 - ATTENDANCE

SECTION 11 - FULL-TIME, POST-PROBATIONARY LEAVES OF ABSENCE WITH PAY

SECTION 12 - FULL-TIME, POST PROBATIONARY LEAVES OF ABSENCE WITHOUT PAY

SECTION 13 - VACATION

SECTION 14 - PROMOTIONS

SECTION 15 - INVESTIGATIVE SUSPENSION/DISCHARGE PROCEDURES

SECTION 16 - PERSONNEL FILE

SECTION 17 - FITNESS FOR DUTY

SECTION 18 - PHYSICIAN'S STATEMENT

SECTION 19 - ALCOHOL/DRUG ABUSE POLICY

SECTION 20 - ON THE JOB INJURY/LIGHT DUTY POLICY

SECTION 21 - UNION/MANAGEMENT COMMITTEE

SECTION 22 - SAFETY AND HEALTH

SECTION 23 - ACCIDENT/INCIDENT REPORTING PROCEDURES

SECTION 24 - BENEFITS

SECTION 25 - WORKWEEK AND OVERTIME

SECTION 26 - PROBATIONARY PERIODS

SECTION 27 - LICENSES

SECTION 28 - PART-TIME EMPLOYEES

SECTION 29 - GRIEVANCE PROCEDURES

SECTION 30 - WAGE PROGRESSION/INCENTIVE PLANS

SECTION 31 - BIDDING PROCESS

SECTION 32 - EXTRA-BOARD

SECTION 33 - UNIFORMS

SECTION 34 - CLASSIFICATION/SENIORITY

SECTION 35 - WORKWEEK/OVERTIME

SECTION 36 - APPLICATION PROCEDURES

SECTION 37 - EVALUATION AND TRAINING

SECTION 38 - REPORTING OFF

SECTION 39 - GENERAL BID

SECTION 40 - VACATION BID

SECTION 41 - MISCELLANEOUS - MAINTENANCE DEPARTMENT

SECTION 42 - LAYOFF AND RECALL

SECTION 43 - COPIES OF AGREEMENT

SECTION 44 - TERMINATION OF AGREEMENT

Appendix I – Coach Operator Wage Progression

Appendix II – Mechanic Wage Progression

Appendix III – Service Worker Wage Progression

Appendix IV – Parts Personnel Wage Progression

Appendix V – Accident Review Board

Appendix VI – BRT Sidebar Agreement

Appendix VI – BRT Sidebar Agreement Addendum

SECTION 1 - PARTICIPATIVE WORK AGREEMENT

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1.1 The Union and the Company agree to pursue a partnership that promotes cooperation, education and involvement through maximum communication, trust, and understanding for the material benefit of the Company and its employees.

1.2 The Agreement supports the need for the union/management partnership to investigate, consider and test alternate approaches to work procedures, training, pay systems, etc., in order to facilitate both individual and group contribution toward improved quality and employee/employer satisfaction.

1.3 In support of this Agreement, it is recognized that the Union has a legitimate role in assuring appropriate fairness and due process for employees it represents. In addition, it is expected that Union executives will be active and constructive participants in the evaluation of the union/management partnership. Further, it is recognized that contractual wage rates shall be the base for any new pay systems which may be developed and that seniority rights will prevail.

The Union and the Company are strongly committed to this participative work agreement as a means of promoting strong union/management relations that will provide a workplace that expands the opportunity for each individual to share in the success of the Company.

1.4 The Union may invite company representatives to attend typically Union conferences/meetings--either as observers or participants. Likewise, the Company may invite Union representatives to attend typically management conferences/meetings--either as observers or participants. This will be expanded as needed to further the harmony and mutual trust established in this joint effort.

1.5 The Union and the Company will, in a timely manner, openly share information to ensure that the Agreement is being administered in the spirit intended.

SECTION 2 - ENTIRE AGREEMENT

2.1 The articles and provisions contained in this document constitute a binding collective bargaining agreement (“Agreement”) between Amalgamated Transit Union, Local 1637 (hereinafter referred to as “Union”) and Connex/ATC (hereinafter referred to as “Company”).

2.2 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Company and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. All terms and conditions of employment not covered by this Agreement shall continue to be subject to the Company's direction and control.

Modification Procedure

2.3 If, during the term of this Agreement, the parties jointly determine that the Agreement or sections thereof, require modification, a union/management committee will meet and reach a mutually acceptable solution. It is the intent of the Company and the Union that this innovative approach be based upon mutual trust, respect and cooperation.

SECTION 3 - SUBORDINATION OF AGREEMENT/SAVINGS CLAUSE

3.1 `It is understood that the parties hereto and the employees of the Company are governed by the provisions of applicable Federal, State, County, and City laws. When any Provisions(s) thereof may be in conflict with, or different from, any of the provisions of this Agreement, it is understood by the Union and the Company that the Federal, State, County, and/or City laws are paramount and shall prevail. The parties may, however, should they both desire, and upon the request of either the Union or the Company on or after the passage of the law, statute or ordinance creating the conflict with this agreement, meet at mutually agreeable times and places to seek agreement on appropriate language to replace that which was otherwise found to be in conflict with the new Federal, State, County, or City statute or ordinance. Within seven (7) days of said request, the party receiving same shall acknowledge receipt and respond thereto.

3.2 Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof, and the remaining parts or portions thereof shall remain in full force and effect. Both parties agree to meet within 14 calendar days from notification of the Union or the Company to attempt to negotiate such invalidations to a form acceptable to both parties.

SECTION 4 - RECOGNITION

4.1 The Company recognizes the Amalgamated Transit Union, Local 1637 (hereinafter referred to as (“Union”) as the sole and exclusive representative for collective bargaining and representation of the following classifications of employees:

Fixed Route Coach Operator, BRT Coach Operator, Deuce Strip (Double Decker) Coach Operator, Coach Operator Revenue Instructor, Coach Operator Line Instructor, Mechanic, Service Worker, Parts Clerk, Parts Specialist, excluding all other employees, Guards, and Supervisors as defined in the National Labor Relations Act.

4.2 The Company will notify the Union of any newly created job classification under this Agreement that may occur during the term of the Agreement. After such notification and upon request of the Union the parties will negotiate in an effort to reach agreement on the appropriate scope, duties, and the applicable wage for the new job classification. If, however, the parties hereto are unable to reach a mutually satisfactory resolution by such negotiations of the issues applicable to the new job classification, the Company may, upon written notice to the Union, proceed to implement the last scope, duties, and wages it had proposed to be applicable to the new job classification. Should it not agree with the scope, duties, and wages, or any part thereof, implemented by the Company for the new job classification, the Union may, within seven (7) days of its receipt of the written implementation notice from the Company, demand arbitration of the remaining open item(s) applicable to the new job classification in accordance with all the provisions of the grievance and arbitration sections of this Agreement.

4.3 If The Union or any subordinate body attempt to assign and/or transfer any rights or obligations contained in this Agreement without the express written consent of the Company, the affected location(s) shall cease to be subject to the terms and conditions of this Agreement including but not limited to the Company’s recognition of the Union as a collective bargaining agent.

SECTION 5 - UNION RIGHTS

On-Site Union Business Facility

5.1 The Company agrees to provide a space conducive for Union business, a space with high visibility and appropriate for transactions between the Union and the Company. This new Union office will be used to provide information and assistance to all members of the collective bargaining unit. Should the Company be instructed by its client to disallow the provision of such office, the Union agrees to vacate the office.

5.2 The Union will be provided with one hour of time during which to address newly hired employees covered by this agreement on a day and at a time mutually agreed upon during the final week of the Company’s new employee training period. The Union warrants that during such time it will not present any untruths or other information and/or material to the new-hires, which is derogatory of the Company or detrimental to the Company’s relationship with its client or its customers.

Union Distribution of Collective Bargaining Agreement

5.3 The Union and the Company are strongly committed to cultivating professionalism and stability within the work force. As a part of this commitment the Company will require all new bargaining unit employees to visit the Union On-site Business Facility to obtain a copy of the Collective Bargaining Agreement.

Union Bulletin Board

5.4 The Union will be provided with access to a glass-covered and lockable bulletin board in the Transportation and Maintenance Department Lounges for its exclusive use and under its exclusive control. This bulletin board will be for the posting and hanging of information, material, announcements, notices, documents, pictures and other relevant items of interest to Union members and other Company employees. The Company will maintain one key to this bulletin board for emergency and other appropriate purposes only. Company discomfort, dislike or disagreement with material posted on the Union board is not considered an appropriate purpose. The Union agrees that no material will be posted on or in its bulletin board that may include profanity, or ethnic, racial, religious or sexual slurs or references.

Check-off of Union Membership Dues

5.5 The Company agrees to deduct from the wages of any employee covered by this Agreement who has voluntarily authorized such a deduction, the regular monthly dues of the Union. The Company also agrees to deduct the Union initiation fee and other assessments levied pursuant to Local 1637 and/or ATU International by-laws, or the service fee equivalent. The Company will forward such funds to either a properly accredited financial institution as designated by the Union or to the Union’s Financial Secretary within five (5) days of each regular payday for employees covered by this Agreement. The Company further agrees to abide by the full terms of the Union’s dues check-off authorization document, a copy of which is furnished to the Company for each employee electing to join the Union.

The Company agrees to deduct from the wages of any employee covered by this Agreement who has voluntarily authorized such a deduction, contributions to the ATU Committee on Political Education (COPE) and will forward such funds to either a properly accredited financial institution as designated by the Union or to the Union’s Financial Secretary at the same time as the funds are forwarded pursuant to the subsection(s) immediately above.

The Union will indemnify and save the Company harmless from any and all liabilities resulting from compliance with any or all of the provisions immediately above which deal with Union Dues and/or other voluntary deductions taken for the benefit of the Union.

Leave for Union Officers and Officials

Union President/Financial Secretary

5.6 The Union’s President/Business Agent shall be entitled to request, and will be granted by the Company, leave from performance of his or her duties as an employee (“BA Leave”) for the duration of such time as he or she remains in the position of Union President/Business Agent until he or she is succeeded by a new President/Business Agent for the Union.

BA Leave shall be without pay from the Company, except that any accrued and unused vacation and/or other paid time off which the President/Business Agent may have accumulated up until the commencement of the BA Leave can be paid out to the President/Business Agent in the amounts and at the times the President/Business Agent may so request. While performing his or her duties as President/Business Agent of the Union and on BA Leave, the President/Business agent will continue to accrue contractual seniority for all purposes under the Agreement. During BA Leave, the President/Business Agent’s name will remain on the seniority roster with a special notation indicating his or her continuing use of BA Leave hereunder. The President/Business Agent will not accrue any additional vacation or other paid time off while performing his or her services for the Union and remaining on BA Leave. The purpose of the above section is to allow the President/BA to serve the LU membership and other employees on a full time basis.

Upon request by the Union, the President/Business Agent can, while on BA Leave, continue to be covered by the medical and related benefits provided to full-time employees under this agreement. Said coverage shall, unless the Company is otherwise notified by the President/Business Agent, continue at the coverage level under which he or she was covered prior to the commencement of the BA Leave. The Union will pay the full cost of such medical and related benefits coverage directly to the Company on or before the 15th of every month of the BA Leave after receipt of an invoice representing the then current cost from the Company.

Upon request by the Union, the Financial Secretary will be granted the same consideration and courtesy as the President/BA.

The President/BA and Financial Secretary shall be granted intermittent leave in increments of one shift when they do not use the bulk leave described above. The Financial Secretary is entitled to one-hundred (100) days per calendar year of intermittent leave. In the event that the Financial Secretary may be required by the Union to be granted more than 100 days per calendar year, the Union may request to extend the number of allowable days to be increased with proper justification. These officers must work at least one full shift within each calendar week.

A notice given to the company of regularly recurring intermittent leave shall be considered timely for all occurrences to which it refers and will remain in effect until cancelled by the Union (e.g.: The President/BA will be booked off every Sunday until further notice).

The purpose of this subsection is to allow these officers to properly conduct Union business in the interest of the members and other employees when the size and scope of Union activities is not enough to warrant full time bulk leave.

Executive Board Members (Excluding President and Financial Secretary)

Members of the Union Executive Board (not to exceed eight members) will be granted up to thirty-six days of unpaid Union leave during each calendar year to attend to Union business. Such leave may be used in increments of four (4) hours or more and must be scheduled with the Company at least eighty-four (84) hours in advance except in case of bona-fide emergency or for the mutual convenience of the Company and the Union. Each occurrence of one day or less for which an Executive Board Member is booked off will count as one day toward the 36 days as described above. The Company, at its own discretion, may extend the number of unpaid days of Union leave granted to Executive Board members.

Union Shop Steward

Union Shop Stewards (not to exceed 10 individuals) will be granted up to eighteen (18) days of unpaid leave during the calendar year to attend to Union business. Such leave may be used in increments of four (4) hours or more and must be scheduled with the Company at least eighty-four (84) hours in advance except in case of bona-fide emergency or for the mutual convenience of the Company and the Union. Each occurrence of one day or less for which a Union Shop Steward is booked off will count as one day toward the 18 days as described above. The Company, at its own discretion, may extend the number of unpaid days of Union leave granted to Executive Board members.

Temporary Assignees

Employees designated as Temporary Assignees by the Union and by mutual consent of the Company will be granted up to three (3) days of unpaid leave during the calendar year to attend to Union business. Such leave may be used in increments of four (4) hours or more and must be scheduled with the Company at least eighty-four (84) hours in advance except in case of bona-fide emergency or for the mutual convenience of the Company and the Union.

Notification of Union Leave

Notification of time off must be in writing, signed by the Union President or designee, at least eighty-four (84) hours in advance of requested time off, whenever possible, and notification of such time off must be made to the Senior Supervisor or Foreman on duty with a copy to the director of the appropriate department. Timely notice will be waived for situations mutually agreed upon by the Union and the Company.

Notification may be made by facsimile, memo delivered by hand, regular Mail or electronic mail. Notification may also be made by telephone and followed up by one of the other methods above.

An employee relieved from work for Union business shall not be penalized more than the time lost at the straight-time rate.

Identification of Union Officers and Officials

5.7 Provided the identification nametag issued by the Company is present and clearly visible at all times on the uniform, elected officers, executive board members and shop stewards of the Union may also wear nametags identifying their position with the Union.

Both the Company identification nametag and the Union position nametag may be worn at all times, whether on or off duty. Should the Company client require the removal of the Union position nametag at any time during the term of this Agreement, it is agreed that the provisions of Section 2.3 of the Agreement will be applicable and the procedures set forth therein may be effectuated by either the Company or the Union.

Upon timely official notification from the Union, the Company will recognize the elected and/or appointed Union Representatives or Officials for the position they hold with the Union. Notification will be considered timely if delivered by regular mail, facsimile, or hand delivered memo. Memo delivered by regular mail will be deemed effective only at the time it is received by the company.

Scope of Union Activity in the Workplace

5.8 Union officials shall confine their activities during on-site investigations to matters relating to administration of this Agreement. Company work hours shall not be used by employees or Union officials to conduct Union business.

SECTION 6 - MANAGEMENT RIGHTS

6.1 Except to the extent expressly abridged by a provision of this Agreement, the Company reserves and retains, solely and exclusively, all of its rights to manage its business. Among those rights, and by no means a wholly inclusive list, is the right to decide and assign all schedules, machines, tools, equipment and property to be used to increase efficiency; to hire, promote, assign, transfer, demote, discipline and discharge for just cause; and to adopt and enforce reasonable work rules.

6.2 This section does not preclude the Union's right to file grievances on behalf of the employees.

6.3 Failure of the Company to exercise its rights herein or exercising them in a particular way shall not be deemed a waiver of said rights or of the Company's right to exercise said rights in some other manner not in conflict with the terms of this Agreement.

SECTION 7 - EMPLOYEE COOPERATION

7.1 Employees shall work at all times to the best interest of the Company; they shall perform efficient service in their work; they shall operate and handle the Company's vehicles and tools carefully, safely and with the utmost regard to the safety of passengers, fellow workers, general public and equipment entrusted to their care; and they shall at all times use their influence and best endeavors to preserve and protect the interest of the Company and cooperate in the promotion and advancement of the Company's interest.

SECTION 8 - NONDISCRIMINATION

It is mutually agreed that there shall be no discrimination because of race, color, religion, sex, age, marital status, national origin, sexual orientation, veteran status, or disability (provided that the disability does not prevent proper performance of the essential functions of a position covered by this Agreement) or any other prohibited basis under applicable state, federal or local law. Further, it is mutually agreed that there shall be no discrimination against an employee or applicant for employment based upon Union membership and/or activity, or upon lack of Union membership.

Employees who feel that they may have been the subject of illegal discrimination are encouraged to take advantage of the grievance procedure established by this Agreement in order to resolve such concern prior to seeking relief through other channels that may be otherwise available.

The term “employee” as used throughout this Agreement includes both male and female persons in job classifications covered in the Recognition clause of this Agreement. The language of this Agreement has been drafted to be gender-neutral wherever possible and is to be interpreted as such in all cases.

SECTION 9 - WORK STOPPAGES

9.1 It is mutually desired by the Company and the Union to deliver uninterrupted public service to the citizens of Clark County. Therefore, the Union and its members agree that they will not engage in any job actions including but not limited to picketing, strikes, walkouts, slowdowns, stoppages, sick outs or similar cessation of work, against the Company, for the duration of this contract.

9.2 The Company shall have the right to discipline, up to and including discharge, any employee who is found to be responsible for, participates in or gives leadership to any activity herein prohibited. The right to grievances will not be infringed upon.

9.3 The Company agrees that so long as this Agreement is in effect there will be no lockouts against the Union and its members.

SECTION 10 - ATTENDANCE

10.1 Employee attendance directly impacts service quality, employee morale and other areas of operating efficiency. If an employee is absent or late to work, others must become responsible to ensure that service to the community continues uninterrupted. The primary function of the Company is to provide safe on-time service to the community, and because small increments of time are so critical to the provision of service, it is imperative that employees are reliable and provide adequate advance notice when they are calling off.

10.2 The Company and the Union have developed an attendance policy which provides enough flexibility to allow time off for employee illness and personal business, balanced with the need to have reliable employees to provide service. Regardless of the cause of the absence, employees will not be retained if their overall absenteeism is excessive or there is an established pattern of abuse. Employees are expected to manage their time off and schedule dental and routine medical exams during their off time.

Miss-out

10.3 Miss-out is defined as each failure of an employee to report for duty at the proper time and place, in the required uniform, at which their assigned duties are scheduled to start. An Operator will have a grace period of the 60 seconds it takes the clock to report the next minute.

10.4 An Operator who misses-out may either be sent home or placed at the bottom of the extra board by the Dispatcher depending on manpower needs. It will be at the discretion of management to decide if a maintenance employee will work that day.

In addition to the above, penalties for miss-outs shall be as follows:

A. For the second miss-out within a moving six (6) month period, the employee involved shall receive a written warning.

B. For the third miss-out within a moving six (6) month period, the employee involved shall receive counseling from ATC and ATU.

C. For the fourth miss-out within a moving six (6) month period, the employee involved shall be suspended for the day of the miss-out and will be placed on a Condition of Employment and will remain on the Condition of Employment until their miss-outs total three.

D. For the fifth miss-out within a moving six (6) month period, the employee involved shall be subject to discharge.

10.5 The penalty provisions provided in this article are not intended as a license to "miss-out" within the limits set forth. An employee who "misses-out" consistently over a period of months, although he/she does not reach the limits set forth, may be subject to additional progressive discipline up to and including discharge.

10.6 The Company may waive the imposition of a disciplinary penalty for a miss-out as stated herein provided whenever, in its opinion, a reasonable excuse for such miss-out is provided within forty-eight (48) hours of the miss-out.

No Call/No Show

10.7 Any employee who fails to report for work and fails to call the Company within five (5) hours after their report time is considered no call/no show and also considered to have missed out per Section 10.3. Employees who fail to report for their next scheduled work day or who fail to notify the Company within forty-eight (48) hours of their original report time (whichever occurs first), shall be considered to have abandoned their job.

10.8 The following consequences may apply to no call/no show in a moving twelve (12) month period:

A. 1st offense - Upon receipt of a first No call/No show in a moving twelve (12) month period, the employee will be placed on a condition of employment and will remain on such condition until their No call/No show total equals zero.

B. 2nd offense - Subject to discharge.

Unauthorized Absence (UA)

10.9 An unauthorized absence is any absence from work for which an employee does not use or have scheduled paid time off or emergency paid time off to cover the absence; is not on an approved leave of absence or fails to sign a PTO form within one week after the appropriate payday. All absences classified as unauthorized must be reported to the Company one hour before the Operator's report time.

10.10 One occurrence is one uninterrupted absence up to seven consecutive calendar days.

10.11 The penalties for unauthorized absences are as follows:

A. For the first occurrence of an unauthorized absence within a moving twelve (12) month period, the employee will receive a written warning.

B. For the second occurrence of an unauthorized absence within a moving twelve (12) month period, the employee will receive counseling from ATC and ATU and will also receive a Condition of Employment and will remain on such condition until their Unauthorized Absence total equals one.

C. For the third occurrence of an unauthorized absence within a moving twelve (12) month period, the employee will be subject to discharge.

SECTION 11 - FULL-TIME, POST-PROBATIONARY LEAVES OF ABSENCE WITH PAY

Paid Time Off (PTO)

11.1 Paid time off is inclusive of what was formerly known as paid sick days, floating holidays, and all other recognized holidays. This change was made to allow the maximum flexibility for all employees.

11.2 During their first three years of full-time employment, all full time employees will earn PTO at the rate of 8 hours per month up to a maximum of 96 hours through the third year of employment. These hours will be credited on the first day of each month. Upon completion of three years of full-time employment, all full time employees will earn 10 hours per month up to a maximum of 120 hours per calendar year. These hours will be credited on the first day of each month.

11.3 There are two (2) types of PTO - scheduled and emergency. Employees may only request PTO time which has already been earned and not used.

11.4 The following guidelines apply to the use of all paid time off:

A. Requests for paid time off will be granted at the discretion of the Foreman, Senior Supervisor, or by the Scheduler/Timekeeper on duty, if the supervisor is not available. The decision will be based on the availability of manpower.

B. Each hour of paid time off will be paid at the employee's straight hourly rate. In order to receive payment for paid time off taken, the employee must fill out the appropriate form and submit to dispatch/foreman within that pay period.

C. Paid time off may be taken in increments as small as four (4) hours.

D. No hours may be used prior to being earned.

E. Employees may not take paid time off on a regularly scheduled off day, except as outlined in Subsection F.

F. PTO or cash out for PTO will only be paid on a holiday if an employee works the day before and/or the day after the holiday if scheduled to work. Whether scheduled to work, or scheduled off, employees may elect to cash out a maximum of ten (10) hours paid time off for the following recognized holidays:

New Year's Day* Labor Day

Martin Luther King Day Thanksgiving Day

Memorial Day Christmas Day*

Independence Day*

Payment requests must be submitted to payroll on the appropriate form no later than the preceding payday.

*Employees who are eligible to receive holiday pay for Christmas (2006-2010), New Years day (2007-2010) and Independence Day (2006-2010) may simultaneously elect to cash-out PTO for such holiday(s) even if scheduled to work.

Holiday Pay

Full-time Employees who have been with the Company for a minimum of one year and have worked at least 1560 hours in the twelve months prior to the holidays described below will receive 8 hours straight-time pay. If not otherwise scheduled for duty, the employee will receive this holiday pay without regard to actually working on the holiday. Further, to receive holiday pay, an employee is required to work the day before and the day after a paid holiday if scheduled.

New Year’s Day 2006 Christmas Day, 2008

Christmas Day, 2006 New Year’s Day, 2009

New Year’s Day, 2007 Christmas Day, 2009

Christmas Day, 2007 New Year’s Day, 2010

New Year’s Day, 2008 Christmas Day, 2010

Full-time Employees who have been with the Company for a minimum of five years and have worked at least 1560 hours in the twelve months prior to the holiday described below will receive 8 hours straight-time pay. The employee will receive this holiday without regard to actually working on the holiday. Further, to receive holiday pay, an employee is required to work the day before and the day after a paid holiday if scheduled.

Independence Day, 2006 - 2010

11.5 The following guidelines apply to the use of emergency paid time off:

A. An employee may use up to five (5) PTO days or occurrences per moving twelve months for emergencies. Consecutive multiple day absences will count as emergency days unless the employee has notified their Supervisor, Scheduler, or Foreman before noon the day before. A minimum of one hour's notice is required to use emergency PTO.

B. Documentation will be required for emergency PTO on holidays and the scheduled day immediately before and/or after a holiday.

C. When an employee uses an emergency PTO which has to be extended beyond one day, the employee may be required to submit documentation to substantiate the necessity of continued use of PTO if all scheduled PTO slots are filled.

D. Under extenuating circumstances which can be documented, an employee may be able to use earned PTO as emergency hours above the maximum allowed.

11.6 The following guidelines apply to the use of scheduled paid time off:

A. Employees may not reserve PTO slots beyond the current bid period except when PTO is to be used in conjunction with a vacation.

B. Requests for scheduled PTO will be granted on a first-come-first-served basis. The decision is discretionary with management, but will be based on the availability of manpower. For maintenance employees, the approval must be granted by the employee's assigned foreman.

C. Requests made as far in advance as possible within a bid period help to ensure that paid time off can be granted when possible. Requests for scheduled paid time off must be made before noon on the previous day.

D. Scheduled Paid Time Off will be classified as an authorized absence, and will count against the employee for disciplinary purposes.

11.7 For any absence in excess of a full pay period, PTO hours will not be earned.

Carry Over/Cash Out

11.8 On the last pay period in September and the last pay period of March, an employee will have the option to carry over all unused paid time off up to a maximum of 240 hours or cash out a portion and carry over a portion. If the employee elects to cash out, that employee may receive payment up to two-thirds (2/3) of the remaining balance of hours. Requests for payment must be submitted to payroll on the appropriate form, no later than the preceding payday.

11.9 An employee may cash out any unused paid time off upon retirement or resignation after one (1) year of full-time employment. Any absence during the two weeks notice will require documentation for cash out. Vacation and paid time off will not be approved during the two weeks notice.

11.10 Employees who are discharged for cause, or who quit without two (2) weeks written notice, shall not be entitled to cash out unused paid time off.

Jury Duty

11.11 In order to be eligible to receive benefits under this article, an employee must immediately notify the Company of the receipt of a summons or notice to appear for jury duty and must cooperate with the Company, if required, in requesting a postponement or other consideration of the Company's legitimate business needs.

11.12 An employee required to complete jury duty shall receive pay at their base straight-time rate of pay times the hours he/she would normally have worked within a fifteen (15) day period. For full-time extra-board drivers, the daily pay shall be based on the average number of hours worked for the past two weeks paid at straight time. No pay shall be made for jury service on an employee's regular day off, or during any other leave of absence.

Bereavement Leave

11.13 A full-time employee may be granted three (3) paid bereavement days in the event of the death of a member of their immediate family. For those employees needing to travel five-hundred (500) miles or more one way, an additional two (2) paid bereavement days may be granted. (Normal days off are excluded.) For purposes of this section, immediate family shall be defined as spouse, mother, father, brother, sister, child, step-child, current mother-in-law or father-in-law, grandparent, grandchild, step-parent, foster-child, foster-parent, and child’s current spouse. An additional two (2) days of unpaid bereavement leave will, upon request, be granted provided that the request is made at either the commencement of or during the paid bereavement leave and the two (2) additional days directly follow the paid bereavement leave.

SECTION 12 - FULL-TIME, POST PROBATIONARY LEAVES OF ABSENCE WITHOUT PAY

Medical Leave

12.1 While on medical leave, an employee will be eligible to remain in the group insurance program. Full premium payments will be made by the Company, for the employee and their dependents based on years of service. One (1) year of service earns one (1) months' paid premium; two (2) years' service earns two (2) months' paid premium, etc., up to a maximum of six (6) years service and six (6) months' paid premium.

12.2 Employees with less than one year of service and/or employees on medical leave who qualify under Subsection 12.1 for partial payment may continue insurance coverage by paying employee and company's premium cost.

12.3 An employee on medical leave in excess of twenty-six weeks in a fifty-two week period shall be discharged and shall then be eligible for COBRA coverage if he/she is an active member in the group insurance program.

A. Unless otherwise disqualified for re-employment, employees discharged based Section 12.3 will be eligible for reinstatement, without loss of wage progression or seniority, if able to provide a full-duty medical release within 12 months after being discharged.

(i.) After an employee returns to work in accordance with Section 12.3 such employee may not access the reinstatement benefits of Section 12.3 A.or 20.7 A. until five years of continuous employment have elapsed.

(ii.) Any employee not reinstated pursuant to this procedure must exhaust right to file a grievance before any claim regarding this procedure is asserted in any court of law.

Military Leave

12.4 Emergency military leave, temporary military leave, and indefinite military leave shall be granted to eligible employees in accordance with state and federal law.

Family Leave (FMLA)

12.5 Family Leave will be granted to eligible employees in accordance with the Family and Medical Leave Act of 1993 when employees have complied with the documentation requirements.

12.6 Family Leave may not be used as a pretext to extend personal and medical leaves, but an employee may substitute paid leave for a portion of the twelve (12) weeks provided under FMLA.

Abuse of the leave provisions may result in discipline, up to and including discharge. Employees must fully cooperate with ATC in providing information necessary to establish eligibility. Any employee objecting to the manner of the Company’s administration of the FMLA must utilize the grievance procedure contained herein before exercising any remedies available in any court of competent jurisdiction.

Personal Leave

12.7 The purpose of a personal leave of absence is to provide unpaid time off from work for an extended period of time for an emergency or hardship, and not simply for personal convenience or vacation. Requests must be made in writing in advance on the appropriate form and with appropriate documentation when available. Employee's payment for their dependent medical coverage may be required.

12.8 A personal leave of absence without pay may be granted at the Company's discretion, for a period not less than seven (7) days and not to exceed thirty (30) days in any one (1) year period. In exceptional cases, this period may be extended by the Company. Leave of absence will not be charged to an employee's regular attendance record.

12.9 During the period of leave, an employee may neither accept employment elsewhere nor may he/she continue to work elsewhere; acceptance or continuation of employment elsewhere shall be grounds for discharge. Any employee who fails to return to work on their first scheduled working day following the last day of approved leave shall be considered to have abandoned their job.

SECTION 13 - VACATION

13.1 Upon completion of probation, full-time employees shall accrue vacation in accordance with the following schedule:

Length of Employment	Amount of Accrued Vacation Per Pay Period	Approximate Yearly Equivalent
4 Months to Anniversary Date	2.28	1 week per year
Second through Fourth Year	3.076	2 weeks per year
After 5 Years	4.62	3 weeks per year
After 10 Years	6.15	4 weeks per year
After 15 Years	7.69	5 weeks per year

13.2 Vacations are used on a calendar year. At the end of the first calendar year, earned vacation will be prorated.

13.3 Vacation will be accrued on a calendar year basis. All accrued vacation will

become “earned” at the beginning of the next calendar year and will be available for use during that calendar year.

13.4 A vacation week is equivalent to the days regularly scheduled for work between 0001 on Sunday and 2400 on the following Saturday for regular Operators and maintenance employees. Extra-board Operators working a hold down are considered regular Operators for vacation purposes. For extra-board Operators who are not working hold downs, a vacation week will be forty (40) hours.

13.5 Vacation calendars for Operators will be posted for bid on or about November 15 for the following calendar year. Vacation calendars for maintenance employees will be posted twice per year, the first two weeks in May and the first two weeks in November. Vacation bids will be based on department seniority.

13.6 To accrue vacation, an employee must be actively at work or on paid leave for a portion of each pay period.

13.7 Employees who are discharged for cause, or who quit without two (2) weeks' written notice, shall not be entitled to receive payment for any vacation accrued and/or earned.

13.8 Operators submitting their letter of resignation should have their letter date-stamped and initialed by the Senior Supervisor. Maintenance employees submitting their letter of resignation should have their letter date-stamped and initialed by the Director of Maintenance or his designee.

13.9 Dependent upon manpower, requests for single days of vacation/unbid vacation will be approved at the discretion of the Scheduling Department for Operations personnel and Foreman for Maintenance personnel. Vacation shall be scheduled so as to meet the operating requirements of the Company and the preferences of the employees.

13.10 An employee who takes vacation after the last pay period in November must turn in an early vacation pay request form to Payroll no later than the last full pay period in November. Otherwise, December vacations will be paid on the last pay day in December.

13.11 Part-time employees shall not earn vacation.

SECTION 14 - PROMOTIONS

14.1 Any employee promoted to a position not included within the scope of this Agreement may return to their previous job classification, whether at the Company's direction or the employee's request, within six (6) months of such promotion without forfeiting any department seniority. After six (6) months of the initial promotion, all department seniority is lost.

SECTION 15 - INVESTIGATIVE SUSPENSION/DISCHARGE PROCEDURES

15.1 An investigative suspension from employment is the removal of an employee covered by this agreement from his or her position by the Company for an indeterminate or determined period, with or without pay. Employees will not remain on Investigative Suspension longer than ten calendar days. If the suspension lasts longer than ten calendar days, the suspension will become a paid suspension, beginning on the eleventh day. If, however, misconduct is established, any pay received during the suspension will be deducted from the employee’s final paycheck.

It is mandatory for employees to participate in and cooperate with investigative proceedings and to remain available for duty upon completion of the investigation.

In the event the company requires more than ten calendar days to complete its investigation, a written waiver must be requested by the Company from the Union. Such waiver will be granted by the Union if the Union believes the waiver is warranted.

C. The above sections do not apply to employees suspended pursuant to Section 23.6 and 23.7.

At the time an investigative suspension begins, the employee will be provided with a written explanation of the suspension from the Company. When a serious offense occurs, written explanation of suspension at the time of suspension is waived. If the investigation reveals the employee did not, in fact, engage in any misconduct which would otherwise lead to discipline, the employee will be reinstated to his or her position with no loss of seniority, wages, or benefits.

15.2 A discharge from employment is the separation of any employee from his or her continuing employment with the Company and the removal of that employee from his or her position with the Company thereafter. Upon discharge from employment, an employee shall no longer be entitled to any of the benefits or protections of this Agreement unless otherwise provided for by this Agreement other than the right to have the Union represent him or her, should the discharged employee so choose, during the timely filing and processing of a grievance in connection with said discharge from employment.

SECTION 16 - PERSONNEL FILE

16.1 One (1) official personnel file shall be maintained in the Human Resources Department for each employee.

16.2 The contents of an employee's official personnel file, exclusive of pre-employment materials, shall be open to their review and review by a Union representative when authorized in writing by the employee. The review of a personnel file will be in the presence of a representative of the Human Resources Department.

16.3 An employee or their Union representative may request an appointment for the purpose of reviewing the employee's personnel file. Such requested appointments shall be scheduled during the normal business hours. The manner of access to the official personnel file shall be subject to reasonable conditions.

16.4 An employee shall be provided with a copy of material which could lead to an adverse personnel action prior to the placement of such material in their personnel file.

16.5 An employee may submit information pertaining to their job performance or a rebuttal statement to material in their personnel file. A submitted rebuttal will be placed in the employee’s personnel file.

16.6 If, after review of their records, an employee believes that any portion of the material is not accurate, the employee may request in writing to the Director/Manager of Human Resources for correction of the record.

SECTION 17 - FITNESS FOR DUTY

17.1 Each employee covered by this Agreement agrees to take a medical examination at any time designated by the Company. The examining physician shall be selected by the Company and the cost of such examination shall be borne by the Company.

17.2 Should such a medical examination indicate the unfitness of an employee to perform their duties, such employee shall not be allowed to return to duty unless medically certified, by a physician designated by the Company, as able to safely perform the full range of their duties.

SECTION 18 - PHYSICIAN'S STATEMENT

18.1 Prior to returning to work, an employee who has been off work for medical reasons for four (4) days or more may be required to provide the Company with a physician's written certification that he/she is able to resume their duties without risk of harm to himself/ herself or others.

SECTION 19 - ALCOHOL/DRUG ABUSE POLICY

19.1 The Company and the Union agree that each employee has a responsibility to the public to deliver services in a safe and conscientious manner. In order to perform their jobs as safely as possible, employees must be able to work in a drug-free/substance-free environment and themselves be free from the effects of job-impairing substances.

19.2 In support of a drug-free/substance-free environment, the Union and the Company agree to support the policies of the Company and the regulations entitled Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations (49 CFR Part 655) as revised and Procedures for Transportation Workplace Drug and Alcohol Testing programs (49 CFR Part 40) as revised and any other applicable Federal Transit Administration guidelines and regulations.

SECTION 20 - ON THE JOB INJURY/LIGHT DUTY POLICY

20.1 Light duty allows employees with work restrictions to perform productive work during their recovery. Eligible employees are those who cannot perform the essential duties of their positions.

20.2 An employee injured or incapacitated in the actual discharge of duty shall receive pay for injuries and light duty as provided for under workers' compensation laws of the State of Nevada.

20.3 An employee injured on the job must report the injury to their supervisor and complete the required forms as soon as possible after the injury.

20.4 The employee's eligibility for payment and the extent thereof will be based upon the determination of the State of Nevada Workers’ Compensation statutes.

20.5 An employee who has been incapacitated, to a degree that warrants restricted duty or temporary total disability, by occupational injury or illness arising out of and in the course of their employment with the Company may return to work when given clearance by a physician as long as eligible to do so by this Agreement.