contractart9

Section 1. A regular shift bid shall be held by each Employer no less than two (2) times each year. More frequent bids may be held at the sole discretion of each Employer. The bids for all Employers shall be conducted within a consecutive three (3) week period. Notice of the bid date and time for each Employer, together with a bid seniority list for each Employer, shall be posted during the week prior to the scheduled bid. Each Employer shall also post, during the week prior to the scheduled bid, a list of the cabs available for bid, designating the make and year of each vehicle. Each Employer shall, prior to the scheduled bid, post the total number of each day off available for bid. Each Employer shall also post a copy of the blank bid sheet reflecting the starting and ending times of each shift to be bid.

Section 2. Bids shall be effective on the first Monday after the bid is held.

Section 3. A bid document for each Employer showing the shift times of each driver, the cab and the days off resulting from the bid will be posted in drivers' training room in the "C" building during the period of time covered by the bid. Drivers will be allowed to review the bid document upon request.

Section 4. Full-time employees of affected Employers shall be permitted to bid in order of bid seniority within that Employer. Except as provided below, every employee must be physically present and personally enter his bid. Except as provided below, any employee who does not appear to enter his bid at the scheduled time waives his right to bid, and he shall be assigned to the extra board for the bid period involved.

(a) If an employee is scheduled to be on vacation and unavailable when the bid is conducted, he shall have the option of submitting a maximum of three (3) written bids prior to his vacation leave designating the priority of each bid submitted. If an employee on vacation and unavailable at the time of the scheduled bid has submitted bids in writing, the Employer representative conducting the bid will enter a bid for that employee in accordance with the employee’s bid seniority. Such bid shall be as close as possible to the written bids submitted by the employee. The employer representative shall consult with the Union representative (if one is present) before entering a bid for that driver. However, any dispute concerning the bid entered for that employee shall not be subject to Article 15 - Grievance and Arbitration Procedure. If an employee on vacation and unavailable for the scheduled bid does not submit any written bid, he will be treated like any other employee who falls to appear and enter a bid.

(b) A dispatcher will give sufficient advance notice to employees on duty when the scheduled bid for their Employer is being conducted, advising which drivers, designated by employee numbers, are to return to the Employer’s premises for the purpose of bidding.

(c) If an employee on duty at the time of a scheduled bid is unable to return to the yard when his turn to bid occurs, he will be contacted by radio and he will be allowed to enter a bid by radio. The representative of the Employer conducting the bid will enter a bid for that driver as close to the bid made by radio by that employee. Any dispute regarding the bid made for that employee shall not be subject to Article 15 - Grievance and Arbitration Procedure.

(d) If an employee does not appear to bid when his turn in bid seniority occurs, and he is not covered by paragraphs (a) or (c) above, he will be passed and the bid will proceed. If that employee does appear later, while the bid is in progress, he will be allowed to bid immediately after the employee currently entering his bid. However, the employee making such a late bid may not affect bids already made and may not bump any less senior employee who has already bid.

(e) An employee who is temporarily not available and not physically present to enter his bid due to illness or an authorized leave of absence may submit a maximum of three (3) written bids if they are received by the General Manager of the Employer at least twenty-four (24) hours prior to the start of the scheduled bid. If a timely written bid

is received on behalf of such employees, a bid will be entered for such an employee in accordance with his bid seniority by the representative of the Employer conducting the bid. The bid entered on behalf of such employee shall be as close to the written bid submitted as judged by the person conducting the bid. Any dispute concerning the bid entered for such an employee shall not be subject to Article 15 - Grievance and Arbitration Procedure. This provision shall not apply to any employee on an indefinite medical leave or indefinite leave of absence. Any employee covered by this provision who does not submit a written bid in accordance with this provision shall be assigned to the extra board.

Section 5. In the event a regular or a relief shift becomes available between regular bids, it shall be posted for bid among extra board drivers of the Employer in which the vacancy occurs. The posting shall be within a reasonable time after the vacancy occurs. Extra board drivers of the affected Employer will have five (5) calendar days from the date of posting to submit bids for the shift. The Employer shall have the sole discretion to fill the vacant shift during the period of posting. The Employer shall assign the vacancy to the most senior extra board driver who bids for the vacancy. If no bid is submitted during the posting period, the Employer shall have the sole discretion in snaking assignments to fill the vacancy until the next regular bid is held and in effect.

Section 6. In the event a cab bid by an employee at a scheduled bid becomes disabled during the period covered by the bid, the Employer shall have total discretion in selecting the vehicle to replace that cab until the most senior who bid that cab has the opportunity to select a replacement vehicle from the Employer's spare cab list. Once the most senior driver who bid that cab has made the selection from the spare cab list, the cab selected will be used on all shifts in lieu of the disabled cab until the disabled cab is back in operation; or, if not, until the end of the period of the bid. The Employer has the sole discretion in determining which vehicles are placed on hte spare cab list, which does not include all cabs not in operation.

Section 7. Regular full-time employees who are eligible to bid at a scheduled bid and who physically appear to enter their bid may bid any regular scheduled or relief shift, cab and one (1) or two (2) days off (including split days off) available at the time that employee enters his bid. If an employee bids a relief shift, he will be designated as relief #1, relief #2, relief #3, etc. depending on the number of more senior drivers who have bid a relief shift before him. A relief driver must specify in his turn, which cab and shift he is relieving on his scheduled days of work from those still available. This is done after all regular shifts are filled.

Section 8. An employee eligible to bid may bid the extra board rather than bidding a regular shift or relief shift. An employee who bids the extra board shall have the option of bidding between day shift extra board and swing (night) shift extra board, as long as there are extra board positions available on that shift. An employee bidding the extra board will be placed on the extra board in accordance with his bid seniority.

Section 9. For the purpose of this Article, the handicapped vans or other vans utilized by the Employers as cabs will be considered as cabs and subject to bid.

Section 10. Employees who are assigned to the extra board because they failed to bid in accordance with the provisions of this Article will be placed on the extra board on the shift worked during the prior bid period, if available, in accordance with their bid seniority. The Employer will determine how many total positions will be available on the extra board on each shift. The Employer, at its discretion, may place all other employees assigned to the extra board on either day shift or swing (night) shift in reverse order of seniority.

The Employer has the sole discretion to assign a show-up time to each extra board driver. No extra board driver shall be required to wait in excess of two (2) hours after his assigned show-up time prior to being released from duty upon request.

Section 11. If, during the period covered by a bid, the Nevada Taxicab Authority authorizes a temporary increase in authorized medallions, the Employer shall have the discretion to assign extra board employees to those additional cabs or to assign drivers on their scheduled days off who volunteer to work those days off.

Section 12. If the Nevada Taxicab Authority or any successor governmental agency authorizes any permanent increase in medallions for any Employer covered by this Agreement, the affected Employer shall post the cabs and shift involved for bid among the extra board drivers of each Employer. Extra board drivers of each Employer will have five (5) calendar days from the date of posting to submit bids for the cabs and shift involved. The Employer shall have the sole discretion to assign drivers to the cabs and shifts involved during the period of posting. The Employer shall assign the cabs and shift is involved to the most senior extra board driver who bids the cab and shifts involved. If no bid is submitted during the posting period, the Employer shall have the sole discretion in assigning drivers to the cabs and shifts for which no bid was submitted, until the next regular bid is held and in effect.

Section 13. Assignments of extra board personnel to vacancies in any regular or relief shift which occur during the period of a bid shall be made by the Employer. Extra board personnel are obligated to be present at the Employer’s premises for assignment except on their scheduled days off. Any extra board driver who refuses an assignment by an Employer when there is no driver with less seniority on the extra board with the same assigned show-up time available to take the assignment shall be subject to immediate discharge.

An Employer will offer vacancies to extra board drivers in the order in which they are listed on the extra board for that assigned show-up time . The Employer will make mandatory assignments to qualified extra board drivers in the reverse order in which they are listed on the extra board.

An Employer, at its sole discretion, may offer a vacancy in its Company to qualified available drivers of other Employers before making mandatory assignments to its drivers. However, an Employer is not required to make such offers prior to making mandatory assignments to its drivers.

Section 14. Days off for extra board personnel shall be assigned by the Employer after a scheduled bid is held. The Employer will question employees on the extra board in order of bid seniority of their preference for days off prior to assigning days off.

Section 15. The bid seniority dates and/or position of all current employees of Ace, Union, Vegas-Western and A-N.L V. as of the effective date of this Agreement shall not be modified unless a current employee suffers a loss of seniority in accordance with Article 5, Section 3 of this Agreement.

Section 16. After the effective date of this Agreement, only newly hired regular full-time employees of Ace, Union, Vegas-Western and A-N.L.V. will have bid seniority and will be placed on the bid seniority list in accordance with their date of hire. Newly hired regular part- time drivers will be assigned to the extra board in accordance with their date of hire, and they shall not have bid seniority unless and until they become regular full-time drivers of their Employer. At that time, the bid seniority of such an employee would be his date of hire with the Employer.

Section 17. Employees on vacation leave or on an approved medical leave or leave of absence on whose behalf a bid is entered in accordance with Section 4 (a) or (e) above will be entitled to work their bid shift in their bid cab upon their return from leave during the period covered by that bid.

Section 18. The Employers retain the right to modify the starting times and/or the ending times of any shift covered by a bid up to two (2) hours at any time during the period covered by the bid, as long as such changes do not affect more than 25% of the employees of that Employer. In the event the Employer intends to modify the starting or ending time of more than 25% of the drivers of an Employer during the period covered by the bid, a new bid will be held. An Employer shall give the Union seven (7) days notice prior to any planned change in starting times and/or ending times of any shift.

Section 19. A regular shift shall consist of five (5) days of work with two (2) days off, (six (6) days of work with one (1) day off if the employee elects to bid six (6) days at the time of the bid). A regular shift employee will ordinarily drive the cab he bid unless it is disabled and replaced.

Section 20. A relief shift shall consist of five (5) days of work with two (2) days off (six (6) days of work with one (1) day off if the employee elects to bid six (6) days at the time of the bid). A relief shift employee will ordinarily drive the cab of the regular shift driver being relieved.

Section 21. A regular shift employee or a relief employee may choose to work on their bid day or days off. In such event, they will work off the bottom of the extra board in accordance with their bid seniority.

Section 22. A union representative, either a full-time employee of the Union or an employee of the affected Employer, may be present at the time of a regular bid to observe the bid. Said union representative shall not interfere with or delay the conduct of the bid. If he believes an error has occurred during the bid, he will discuss that matter with the employer representative conducting the bid at the time, in an effort to correct the alleged error.

Subject to the provisions of this Section, the Union representative is not prohibited from bringing an error to the immediate attention of the General Manager or to the attention of the supervisor conducting the bid, in an effort to correct any error that might occur.