LABOR AGREEMENT - DISTRICT COUNCIL OF TRADE UNIONS - REPRESENTED EMPLOYEES AND COMMERCIAL DRIVER'S LICENSE
Binding City Policy
BCP-BHR-17.43
PURPOSE
Section 1. The Council finds:
1. The City requires employees working in certain classifications to possess a valid Commercial Driver’s License (CDL) if they perform or have any expectation of performing safety-sensitive duties as defined by the US Department of Transportation Federal Motor Carrier Safety Administration regulations.
2. On March 28, 2012, the City and the DCTU entered into a Letter of Agreement (LOA) in which the parties agreed that when DCTU represented employees who do not possess a valid CDL are laid off, they have up to 60 days to obtain a valid CDL when they exercise their bumping rights and move to a position that requires a valid CDL. The 60 day period begins on the date any such employee moves to the new position.
3. The parties further agreed that a DCTU represented employee without a valid CDL who bumps to a position that requires a valid CDL shall be accommodated for up to 60 days in a non-CDL assignment until he or she obtains a valid CDL.
4. The LOA provides that if an employee is unable to obtain a valid CDL within the 60 day period, he or she shall be laid off according to the provisions of Article 14.
5. The LOA shall sunset on June 30, 2013.
POLICY
NOW, THEREFORE, the Council directs:
a. The LOA between the City and the DCTU attached as Exhibit A is hereby ratified by the Council.
b. This ordinance is binding City policy.
Section 2. The Council declares that an emergency exists because delay would create problems in determining overtime pay; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.
Link to Exhibit A - Letter of Agreement (PDF Document, 175 kb)
HISTORY
Emergency Ordinance No. 185306, passed by City Council and effective May 9, 2012.