June 17, 2021 June 16, 2024
MASTER SERVICES AGREEMENT
Between
DISNEYLAND PARK
A Division of
Walt Disney Parks and Resorts U.S.
(“Employer”)
And
THE MASTER SERVICES COUNCIL
(“UNION”)
June 17, 2021 June 16, 2024
MASTER SERVICES AGREEMENT
Between
DISNEYLAND PARK
A Division of
Walt Disney Parks and Resorts U.S.
(“Employer”)
And
THE MASTER SERVICES COUNCIL
(“UNION”)
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2021
MASTER SERVICES AGREEMENT
Between
Walt Disney Parks and Resorts U.S.
d.b.a., Disneyland Park
(Hereinafter referred to as the “Employer”)
And
TEAMSTERS AUTOMOTIVE, INDUSTRIAL, THEME PARK, SERVICE SECTOR, AND
ALLIED WORKERS LOCAL NO. 495; SERVICE EMPLOYEES INTERNATIONAL
UNION UNITED SERVICE WORKERS WEST, UNITED FOOD AND COMMERCIAL
WORKERS UNION LOCAL NO.324, AND BAKERY, CONFECTIONERY, TOBACCO
WORKERS AND GRAIN MILLERS INTERNATIONAL UNION, LOCAL NO. 83 AFL-
CIO
(Hereinafter collectively referred to as the “Union”)
For the purpose of collective bargaining the aforementioned Unions shall serve as a single unit.
Amending Agreement entered into June 17, 2018. Amendment shall be effective as of June 17,
2021, or at subsequent dates as set forth in this Agreement, hereinafter entitled the 2021 Agreement.
WITNESSETH:
SECTION 1.
INTENT OF THE PARTIES
A. It is the intent of the parties of this Agreement to promote an increasing spirit of harmony
between the Employer, party of the first part, and the employees of the aforementioned Employer,
members of the Unions, parties of the second part. There shall be no cessation of work through
strikes against the Employer or lockouts by the Employer for the duration and term of this
Agreement and all employees covered by this Agreement shall perform the work customarily
performed by them and will cooperate and work with members of the other organizations, both
independent and those affiliated with the AFL-CIO, without regard to past, present or future disputes
based on jurisdictional claims.
B. 1. All jurisdictional disputes between the Master Services Unions shall be determined
between the involved Unions and no jurisdictional stoppages or slow-downs shall be imposed upon
Disneyland as a result.
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2. The Employer agrees to notify the Unions signatory to this Agreement prior to the
acquisition of any concessionaire or lease department operating within the Park and performing
work or services customarily performed by one (1) or more of the Unions signatory to this
Agreement. The Employer further agrees to discuss with said Unions the issue of which Union(s)
shall represent the employees performing work in the classifications listed in Section 38 of this
Agreement.
C. The Employer and the Union agree there shall be no discrimination against any employee or
prospective employee on any basis prohibited now or in the future by Company policy or
local, state or federal law.
Both the Employer and the Union recognize their mutual obligation to comply and foster
compliance with the Americans with Disabilities Act Amendments Act (ADAAA). Nothing in
this agreement shall be construed as inconsistent with, or as requiring Employer to act in any way
inconsistent with, such Act.
SECTION 2.
RECOGNITION
The Employer recognizes the Unions parties to this Agreement as the sole collective
bargaining representatives of all of the Employer's employees who are in the classifications of work
listed in Schedule A at Disneyland, located at Anaheim, California, except salaried supervisory
employees, office and administrative employees, nurses, and any other classification of employees
excluded under the Labor Management Relations Act of 1947, as amended.
SECTION 3.
UNION SECURITY
A. The Employer agrees that all employees on the Employer's payroll as of the effective date of
this Agreement, or who are subsequently employed by the Employer, shall become and remain
members of the appropriate Union in good standing within thirty-one (31) days of the effective date
of this Agreement or their date of employment, whichever is the later, as a condition of continued
employment.
B. The Employer agrees to notify the Union of new employees that have been hired at the time
that such employees start to work. The Employer also agrees to notify the Union promptly when
any employee leaves the employment of the Employer.
C. All new employees shall be notified before commencing employment that the Employer is
operating under a Union contract.
D. The Union will advise the Employer, in writing, when any regular employee has failed to
acquire or maintain Union membership as required by this Agreement. The Union shall notify the
employee and the Employer that the employee has fourteen (14) days in which to comply with
paragraph A, above, or be subject to termination at the end of fourteen (14) calendar days.
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E. The Employer will provide a Union Representative the opportunity to meet with new
employees at the conclusion of Operations orientation at a location designated by the
Company. The purpose of the meeting is for distribution of Union literature which shall be
reviewed by the Employer prior to distribution. The meeting with the Union Representative shall
be on paid Employer time of no longer than fifteen (15) minutes and Section 33 (H) shall not
apply. Union Representatives present at new employee orientation shall not be on paid Employer
time.
SECTION 4.
NOTICES
The Employer agrees to recognize the various craft jurisdictions of work of the Union
parties hereto, but shall not be required to recognize any conflicting areas of work jurisdiction. All
notices given under this Agreement shall be given by and to the Employer on the one side and each
signatory Local Union on the other. The Parties agree that all notices referenced herein may be sent
electronically, at the discretion of the Employer.
SECTION 5.
ACCESS TO UNION REPRESENTATIVES/
BULLETIN BOARDS
Representatives of each signatory Local Union, designated in writing to the Employer by
letter from an authorized officer of such signatory Local Union, shall be permitted to enter the
Disneyland area to make proper investigation for the purpose of determining that this agreement is
being complied with by the Employer and for the presentation and handling of grievances. Such
representatives, who shall not be more than three (3) in number for each Local Union, shall comply
with the security regulations of the Employer, and shall not unnecessarily interrupt the performance
of employee work assignments.
The Employer shall provide bulletin boards in areas which are frequented by employees
for the posting of official Union notices and a list thereof. The minimum size of the bulletin
boards will be 2’ high by 3’ wide for a single bulletin board or 3’ high by 4’ wide for a double
board. The boards shall be covered with glass and under lock and free of obstructions.
These boards shall be used for the display of the following notices: Union meetings, Union
appointments, Union elections and official Union social affairs. The Union agrees not to post
material of a derogatory nature regarding the Employer or its personnel. It is agreed that no
Union matter of any kind shall be posted in and about the premises of the Disneyland Resort
except on said boards.
SECTION 6.
WORK STOPPAGES AND LOCKOUTS
A. No Strike - No Lockout
During the existence of this Agreement, there shall be no strikes, picketing, work stoppages
or disruptive activity by the Union or by an employee, and there shall be no lockout by the
Employer.
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B. Failure to Cross Picket Line - Violation of Agreement
Failure of any employee covered by this Agreement to cross any picket line established at
Disneyland is a violation of this Agreement and may result in the immediate discharge of any
employee who commits such violation.
C. Union's Responsibility to Prevent Work Stoppage, Strike or Disruptive Activity
The Union shall not encourage or condone a work stoppage, strike or disruptive activity at
the Disneyland Resort and shall undertake all possible steps to prevent or to terminate any strike,
work stoppage, or disruptive activity. No employee shall engage in activities that violate this
Section. Any employee who participates in or encourages any activities which interfere with the
normal operation of the Disneyland Resort shall be subject to disciplinary action, including
discharge. The Union shall not be liable for acts of employees for which it has no responsibility.
The failure of the Employer to exercise this right in any instance, shall not be deemed a waiver of
this right in any other instances, nor shall the Employer’s right to discipline all employees for any
other cause be in any way affected by this paragraph C.
D. Disputes With Concessionaires
Disputes between the Union parties hereto and any concessionaire operating in the
Disneyland Resort shall be so handled as not to interfere with the Employer's business or the
business of any other concessionaire not a party to such disputes. No picketing or concerted action
against any one or more of the concessionaires will be conducted at the Disneyland Resort or near
or around the entrance or exits of the Disneyland Resort. "Concessionaire" as used herein includes
a concessionaire and also a licensee, lessee, contractor, or subcontractor. In the event any other
organization pickets at or near the Disneyland Resort, the Unions signatory hereto agree to use
their best efforts to see that such picket line does not affect the operations of the Employer or
concessionaires who are not involved in the dispute.
SECTION 7.
GRIEVANCE & ARBITRATION PROCEDURES
STEP 1.
A. Any employee who believes they have a specific justifiable request or complaint in regard
to wages, hours, conditions of employment or interpretation of this Agreement, shall discuss the
same with their immediate supervisor with, or without, a Union Representative being present,
as the employee may elect in an attempt to settle the issue. If an employee discusses an issue
with their Supervisor without a Union Representative being present, and a satisfactory solution is
not reached, the employee may request the Union Representative's presence to assist in resolving
the issue. Any solution or settlement shall be consistent with the terms and provisions of this
Agreement. Any issue not raised within fifteen (15) working days after its occurrence, shall be
deemed waived or abandoned. If the issue is not settled within three (3) working days after its
presentation to the Supervisor, the employee or the Union Representative may proceed to Step 2 of
the Grievance Procedure.
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B. Once the Employer has an opportunity to become aware of an occurrence, discipline will
be presented and discussed within twenty-one (21) calendar days, based on employee availability.
The Employer reserves the right to extend an investigation when necessary, due to extenuating
circumstances, and/or employee availability, and shall notify the Union of such extension.
C. In the case of suspension or discharge, either party may unilaterally waive Steps 1 and/or 2
and proceed directly to the next appropriate Step. In all other grievances, the parties may mutually
agree to waive Steps 1 and/or 2 and proceed directly to the next appropriate Step.
D. Should the Employer feel that there is a just complaint the matter shall be taken up with the
Union Representative and if a satisfactory settlement is not reached, the Employer may proceed in
an attempt to settle the issue in the same manner as outlined herein for the adjustment of an
employee complaint.
E. Verbal or written warnings concerning employee misconduct with respect to safety and guest
courtesy shall not be considered as a basis for further disciplinary action after eighteen (18)
months from the date of issue. The use of verbal or written warnings as a basis for further
discipline in all other matters shall be limited to twelve (12) months from the date of issue.
The employee so notified shall be required to sign such notice, but such signing shall in no
way constitute agreement with the contents of such notice. Anytime an employee signs a
disciplinary memorandum, they shall automatically be given a copy. A copy of the warning notice
will be sent to the Union.
F. Employees receiving written safe work practices and/or training information or materials
from the Employer may be required to sign for receipt of such information and/or material in order
to document that employees have been given said information and/or materials.
G. The Employer will provide a written notice of termination, stating the reason(s) for
termination, to Regular employees who have passed their probationary period and are terminated by
the Employer. This written notice will be given to the employee at the time of termination, at
wh i ch t i m e th e Emplo ye e will also be ve rbal l y p r ov i ded t he spec i fic
in c i den t ( s) lea d ing t o t he t erm i n atio n. T h e wri t t en n o tic e shall be signed
by the employee in acknowledgement that a copy of the notice has been received by the employee.
This notice requirement will apply only to employees who are terminated in person by the Employer.
Said requirement shall not apply to employees who are terminated by other means, such as by
telephone, letter, fax, etc., or for employees who fail to appear for a termination meeting with
management. The failure of the Employer to provide the written notice of termination to the
employee shall not be a basis for the discharge to be set aside under the provisions of this agreement.
H. Recording Devices: The Parties agree that no recording devices of any kind shall be
permitted to be utilized during Step 1, 2, or 3 of the grievance procedure.
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I. Periodically the Employer places an employee on investigatory suspension for the
purposes of adequately investigating the facts surrounding an incident. When this occurs and the
Employer ultimately determines that the affected employee should receive no disciplinary action
or disciplinary action for less than the time that the employee was on investigatory suspension,
the employee will be paid for the scheduled shifts that they may have missed, including
scheduled overtime and premiums.
J. When an employee is placed on an investigatory suspension, the Employer will inform
the employee of the s p eci f i c issue(s) being investigated. However, failure to specifically
inform any employee of issues being investigated shall not preclude the Employer from
proceeding with appropriate discipline as a result of such investigation, nor preclude the
Employer from expanding such investigation into areas not communicated to the employee at
the time of the investigatory suspension.
STEP 2.
Any complaint not settled pursuant to Step 1, must be presented to the employee's Division
Head within five (5) working days from the date of the Supervisor's decision under Step 1. The
Division Head or their designated representative and the Union Representative shall meet within
three (3) working days after invocation of Step 2, in an attempt to settle the complaint. If a
satisfactory solution is not arrived at within two (2) working days after the parties have met, Step 3
of the Grievance Procedure may be invoked, within seven (7) working days.
STEP 3.
Upon invocation of Step 3, the Company and the Union agree to expedite the grievance
process. Any complaint not resolved under Step 2 shall be reduced to writing, setting forth the
Section of the Agreement alleged to have been violated, th e date, those involved and t h e
location and presented to the Labor Relations office. The Labor Relations Representative and the
Union Business Representative shall meet within five (5) working days to attempt to settle the same.
The answer to a grievance shall be reduced to writing and forwarded to the grievant's Representative
within five (5) working days after the parties have met.
If a satisfactory solution was not arrived at in Step 3, then Step 4 may be invoked within
seven (7) working days following receipt of the unsatisfactory written answer by notifying the
Employer’s Labor Relations Representative in writing.
STEP 4.
A. Should the parties fail to reach agreement as provided for in Step 3, the Company and the
Union agree to expedite the grievance process. The Union and the Employer shall meet within five
(5) working days after a timely demand for Step 4 has been invoked to select a mutually-agreed-
upon Arbitrator from the permanent jointly selected panel (Kenneth Perea, Fred Horowitz, Jonathan
Monat, John LaRocco, Sara Adler, Lou Zigman and Jan Stiglitz) of seven (7) to hear and determine
the specific grievance. Said Arbitrator shall expeditiously meet to consider the grievance in
accordance with the provisions of Step 4.
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B. In the event an Arbitrator cannot be mutually agreed upon within five (5) working days after
the written demand for arbitration has been served, the Union shall first strike one (1) name from the
list and the Employer shall then strike one (1) name, thus alternating until the remaining name shall
be the Arbitrator. The Arbitrator selected shall be the sole Arbitrator to hear and determine the
matter. The Arbitrator shall expeditiously meet to consider and decide the grievance and shall be
encouraged by both parties to render an immediate, oral "bench" decision upon hearing and
considering all evidence presented, followed by a timely written confirmation of the decision. The
Arbitrator may, upon request and mutual agreement of both parties to the dispute receive additional
time to deliberate on the matters presented, but in no case shall the decision by delayed beyond five
(5) working days following the close of the hearing, unless either party requests the filing of post-
hearing briefs, in which case said briefs shall be submitted to the Arbitrator within fourteen (14)
days from the close of the hearing. The Arbitrator shall have ten (10) working days from the receipt
of the post-hearing briefs to notify the parties in writing as to the final decision. The decision of the
Arbitrator shall be reduced to writing by the Arbitrator and shall be final and binding on the
Employer, the Union and the aggrieved employee. If an arbitrator is permanently no longer
available, the Employer and the Union may meet and agree on a new individual as a replacement.
C. Any expense incurred when witnesses are used, other than employees who are on duty, shall
be borne by the party requesting the witnesses to appear. For the purposes of this Section, time
spent as a witness shall not be construed as working time under the provisions of this Agreement.
D. The Arbitrator shall have no authority to modify, add to, or take away any of the terms of
this Agreement. Jurisdictional disputes shall not be subject to the Grievance and Arbitration
Procedures set forth. It is agreed that any grievances, except as provided herein, involving the
interpretation or application of this Agreement, or any supplements or amendments thereto, will be
subject to arbitration.
E. All expenses and fees of the Arbitrator shall be borne by the party against whom the
Arbitrator makes a decision.
F. Any grievance shall be deemed to be waived or abandoned, unless all the steps and time
limits are properly invoked within the periods specified unless otherwise mutually agreed upon.
G. In the event that a grievance is scheduled for arbitration, all other Union Locals signatory to
this Agreement shall be sent notice by the Local involved in the grievance of the nature and details
of the grievance.
SECTION 8.
NEW CLASSIFICATIONS
If the Employer hereafter establishes any new or substantially changed job classification or
work operation, it will give as much notice thereof to the Unions as is possible. The question of
proper classification and wage rate shall be negotiated with the Employer and the affected Union. If
not resolved by the parties either party may request arbitration of the proper classification and rate
under the procedures set forth in Section 7, preceding. Pending resolution of the problem by
arbitration, the Employer may install the new or substantially changed classification or work
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operation at the rate which it has proposed. In the event any higher rate is agreed upon by the parties
or awarded after arbitration, it shall be effective retroactively as of the date the classification or
operation was installed.
SECTION 9.
PROBATIONARY PERIOD
A. All new Regular Full-Time employees employed after the effective date of this Agreement
will be considered probationary employees for a period not to exceed sixty (60) calendar days. All
new Casual Regular employees who are first employed after the effective date of this Agreement
will be considered probationary employees for a period of one hundred twenty (120) calendar days.
The above referenced probationary periods may be extended for thirty (30) days by mutual
agreement of the Employer and the Union. If a Casual Temporary employee converts to Casual
Regular status and has continuous service within the same job classification, the Casual
Temporary employee’s time accrued will count towards their probationary period.
Probationary employees shall be compensated in accordance with the terms of this
Agreement. However, probationary employees will accrue no rights for the future until they have
successfully completed their probationary period. At such time, except for Casual Temporary
employees and new Casual Regular employees, all of their respective rights shall date back through
their most recent date of hire. Furthermore, neither the provisions of the Grievance Procedure nor
holiday benefits shall be available to probationary employees. Casual Temporary employees
returning for their fourth (4th) consecutive and subsequent summer seasons may utilize the
provisions of the Grievance and Arbitration Procedure, as stated in Section 7.
Any probationary period interrupted by any leave of absence(s) shall automatically be
extended by the same number of days as such leave of absence(s).
B. Regular eligible employees who have been continuously on the payroll for six (6) months or
longer and who are terminated will receive payment for unused vacation and unused sick leave pay
provided for in Section 13, Vacation Pay, Section 26, Sick Leave.
C. In the event an employee who has become a Regular employee is laid off (not dismissed or
voluntarily terminated) before they have completed the period required to be eligible for vacation and
sick leave benefits, the record of their vacation and eligibility will be retained and added to any future
hours of employment at Disneyland, provided that they are rehired within one (1) year from the date
of their most recent layoff date.
D. A Casual Temporary employee, as defined hereinafter, will not be eligible for Holiday,
Vacation, or Sick Leave benefits unless such Casual Temporary employee(s) should be converted to
a Regular employee(s) status in accordance with eligibility requirements in Sections 13, 14, and 26.
Casual Temporary employees shall receive pay rates in accordance with Schedule A of this
Agreement.
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E. Casual Temporary employees shall be considered probationary employees until they have
completed the applicable probationary period as a Regular employee as stated in paragraph A above.
However, Casual Temporary employees who are converted to a Regular employment status as
provided for in Section 20.C., who have worked for the Employer two (2) or more consecutive summer
seasons shall not be required to serve the probationary period referred to in paragraph A above.
The Summer season, for the purpose of this paragraph only, is defined as beginning work for
the Employer no later than July 1, and being employed through Labor Day week.
F. Casual Temporary employees shall be defined as those hired primarily to supplement the
Regular personnel during the Christmas, Easter, and Summer seasons (as defined in Section 20.C.)
or when Regular personnel are not available at straight-time hours. Casual Temporary employees
shall not be used to circumvent promotion into Regular job openings.
SECTION 10.
WAGE RATES AND WORKING CONDITIONS, SAFETY AND WELLNESS
A. Attached hereto and marked as Schedule A are the classifications, wage rates and special
conditions which shall be supplements to this Agreement for the Unions signatory thereto.
Additional Unions may become signatory to Schedule A of this Agreement by the execution of an
agreement signed by such Unions, the Employer, and all other signatory Local Unions to this
Agreement, setting forth its wage rates and special conditions. Additional Local Unions and
Councils may become a party to this Agreement without becoming a party to Schedule A by signing
this Agreement with the consent of the Employer and all signatory Local Unions.
B. The Employer is committed to providing a safe and healthy workplace and promoting
the health and well-being of employees. The Employer will follow all local, state and federal
workplace safety laws and regulations.
C. Where the Employer, for safety purposes, requires the use of protective clothing, shoes,
or other safety devices, they will be furnished without cost to the employees. The Union agrees
to notify its members that they are required to use the devices furnished.
D. Health and safety will be a standing agenda item at all shop steward meetings with
management, which will occur once every other month upon Union request.
E. Upon receipt of notification of a potential safety/hazard condition the Employer will take
prompt action to assess the concern and determine what corrections, if any, are necessary to
ensure a safe working environment.
F. The Employer may implement workplace safety and wellness initiatives and other
voluntary programs contributing to the health and well-being of employees. The Employer
shall notify the Union prior to implementation of such programs and upon request by the Union
shall negotiate over the effects of such programs.
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SECTION 11.
UNIFORMS/COSTUMES
A. If the Employer requires an employee to wear a uniform or costume, it will be furnished at
the Employer's expense. Shoes shall be furnished at the employee's cost even if uniformity is
required, provided such shoes can be purchased in a regular retail outlet. The Company will
provide a wide range of costume sizes. In cases of extreme weather, the Company shall
authorize a temporary and appropriate themed costume exception.
B. The cost of maintaining, cleaning, or laundering the clothing furnished under this Section to
the employees shall be paid by the Employer. Such clothing, shoes, and other devices will at all
times remain the property of the Employer and the employee who is issued any of these items will
be fully responsible for seeing that they are properly cared for.
C. 1. Employer agrees to post, three (3) weeks prior to commencement, notices of intent to
clear all lockers on a specified date. Such clear-out shall be for the purposes of fumigation
and repair of locker facilities.
2. Company property recovered during such clear-out will be returned to the
Costuming Department.
3. Personal property recovered during such clear-out will be identified by the name of
the employee and retained for a period of thirty (30) days, or until such time as claimed by
the employee owning such personal property, whichever occurs first. If an employee is on
an extended Leave of Absence, the thirty (30) day period becomes effective on the date the
employee returns to work.
4. In the event the Employer deems it necessary to inspect an employee's locker, other
than during pre-notified clear-out periods, the following personnel shall be present when
such inspection occurs:
(a) The employee and/or their duly appointed Union Representative.
(b) A member of management from other than the area of the inspecting
Supervisor or the employee.
(c) The Employer agrees to post three (3) days prior to commencement, notices
of intent to open lockers for fumigation purposes in the event of an immediate health
or safety problem. A Shop Steward shall be present when such lockers are opened
and inspected.
D. With respect to clothing furnished by the Employer, all new employees hired on or after
3/15/02, may, at the sole discretion of the Employer, be required to take their costumes home
with them at the end of their shift. Further, the Employer may designate all or some costumes to
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be cleaned or maintained (where washable in a washing machine, not dry-cleaned) by the
employees who shall take normal and reasonable care in so doing. Nothing herein shall be
construed as requiring the Employer to provide lockers for employee use. Such clothing, shoes
and other devices will, at all times remain the property of the Employer and the employee who is
issued any of these items will be fully responsible for seeing that they are properly cared for.
SECTION 12.
HEALTH AND WELFARE, DENTAL & VISION PLANS
A. The Employer agrees to offer Health & Welfare coverage, on the same basis as offered to
non-bargaining unit employees (including its salaried employees) of the Employer, including
participation in the Employer's Flex Benefit Plan known as Signature, to all eligible employees.
Eligible employees shall be defined as Regular Full-Time employees, as outlined in Section 35.
Eligible employee’s coverage shall become effective no later than the first day of the month
following completion of sixty (60) days of continuous service as a Regular employee, or as subject
to federal/state mandates.
B. Eligible employees shall have an option, on an annual basis, to determine the type of
coverage they desire under the Employer’s Signature Plan.
C. If the Employer agrees to or implements, a “maintenance of benefits” or freeze with
regard to employee Health & Welfare contributions with any hourly or salaried employee unit at
Disneyland during the term of this Agreement, the eligible employees covered under the terms of
this Agreement shall be given this same benefit on the same basis and on the same date as such
hourly or salaried employee unit.
D. In the event a Federal, State, County or City law, ordinance or regulation regarding health
and welfare benefits impose requirements upon the Company to provide any new, additional or
varying benefits to employees, there will be no duplication of benefits under the Company’s
Signature Benefits Plan or any other health or welfare benefits plan offered or paid by the
Company.
E. The Company agrees to meet and discuss any changes to the administrative process
for monitoring continued eligibility of Regular Full-Time employees for Disney Health & Welfare
benefits as set forth in the Memorandum of Understanding: Administrative Process for Monitoring
Continued Eligibility of Regular Full-Time Employees for Disney Health & Welfare Benefits.
SECTION 13.
VACATIONS
I. Eligibility
A. 1. Each Regular Full Time status employee and each Casual Regular statused employee
hired prior to April 16, 2006, is eligible to accrue credits towards a vacation and shall receive a
vacation in accordance with Subsection II, below.
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2. Not eligible are Casual Temporary employees, Casual Regular employees hired on
or after April 16, 2006 and Probationary employees as defined in Section 9.
In the event an employee fails to accrue the maximum amount of sick leave as a result of
vacation hours paid, such vacation hours shall be added to hours worked to maximize the
employee’s sick leave accrual.
B. A Regular Full Time status employee is one who has agreed to accept Full-Time
employment on a year-around basis and who has completed their probationary period.
C. Continuous service for the purpose of this section shall not be broken by time absent on
authorized sick leave or injury leave or by an authorized absence for other reasons not in excess of
thirty (30) calendar days, provided the employee works for a period of thirty (30) calendar days
following return from the authorized leave of absence.
D. Maximum vacation allowance will be based upon the appropriate formula credited straight-
time hours worked as well as vacation hours paid as set forth in Subsection II, below. Payment will
be at the straight-time hourly rate plus any applicable shift or Lead premium being regularly
received at the time the vacation is taken.
E. 1. No employee shall accrue more than two (2x) times their annual vacation hours.
For example, if an employee is eligible for eighty (80) hours of vacation, they may accumulate a
maximum of one-hundred and sixty (160) hours of vacation; if eligible for one-hundred and
twenty (120) hours of vacation, they may accumulate two-hundred and forty (240) hours of
vacation; and if eligible for one-hundred and sixty (160) hours of vacation, they may accumulate
three-hundred and twenty (320) hours of vacation.
2. When the maximum vacation accrual is reached, an employee will cease to accrue
any additional vacation time until vacation hours are taken. An employee will again begin to
accrue vacation once they are below their maximum. Vacation accrual is not retroactive to the
beginning of the calendar year.
F. The Employer may not grant pay in lieu of time off for vacation, except as hereinafter
specified.
II. Vacation Accrual by Calendar Year
A. All eligible employees shall receive vacation based on the number of straight-time hours
worked as well as vacation hours paid from the date of hire to the end of the calendar year in which
hired and for each succeeding calendar year thereafter, however an employee on an authorized leave
of absence for illness or injury, shall not accrue additional vacation time.
B. 1. Vacation hours accrued during the calendar year shall become available to be taken
by the employee during the calendar year in which they are accrued in eight (8) hour daily
increments or forty (40) hour weekly increments, except as noted in paragraph two (2) below.
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2. Regular employees may, at their option, take vacation hours in increments of less
than eight (8) hour daily increments or forty (40) hour weekly increments on the following basis:
a. Regular employees may take vacation hours in daily (minimum of four (4) hours)
or weekly amounts equal to the anticipated hours that they are regularly scheduled to
work during that time of the year.
b. Regular employees may utilize vacation hours for unplanned absences in
accordance with the policies for utilizing sick leave in Section 26, Sick Leave.
C. 1. Eligible Regular employees shall accrue vacation benefits on the two (2) week
vacation accrual formula beginning with the start of employment as a Regular employee through the
end of the 4th year of service based upon formula "A" below.
2. Eligible Regular employees shall accrue vacation benefits on the three (3) week
vacation accrual formula beginning with the start of the 5th year of service through the end of the
14th year of service based upon formula "B" below.
3. Eligible Regular employees shall accrue vacation benefits on the four (4) week
vacation accrual formula beginning with the start of the 15th year of service based upon formula "C"
below.
4. Effective 1/1/99, eligible Regular employees shall accrue vacation benefits on
the five (5) week vacation accrual formula beginning with the start of the 20
th
year of service
based upon formula “D” below.
Example: Regular employee hired on 1/1/90
Year
Dates of Employment
Maximum
Accrual
Maximum Hours
Available to Take
1
1/1/90-12/31/90
80 hrs
0
2
1/1/91-12/31/91
80 hrs
80 hours
3
1/1/92-12/31/92
80 hrs
80 hours
4
1/1/93-12/31/93
80 hrs
80 hours
5
1/1/94-12/31/94
120 hrs
80 hours
6
1/1/95-12/31/95
120 hrs
120 hours
7-13
1/1/96-12/31/2002
120 hrs
120 hours
14
1/1/03-12/31/03
120 hrs
120 hours
15
1/1/04-12/31/04
160 hrs
120 hours
16
1/1/05-12/31/05
160 hrs
160 hours
17
1/1/06-12/31/06
160 hrs
160 hours
18
1/1/07-12/31/07
160 hrs
160 hours
19
1/1/08-12/31/08
160 hrs
160 hours
20
1/1/09-12/31/09
200 hrs
160 hours
21
1/1/10-12/31/10
200 hrs
200 hours
14
FORMULA "A"
Two (2) Week Vacation Accrual Formula
HOURS
WORKED
PAID VACATION
HOURS
EQUIVALENT
DAYS OFF
1800
80
10
1620
72
9
1440
64
8
1260
56
7
1080
48
6
900
40
5
720
32
4
540
24
3
360
16
2
180
8
1
FORMULA "B"
Three (3) Week Vacation Accrual Formula
HOURS
WORKED
PAID VACATION
HOURS
EQUIVALENT
DAYS OFF
1800
120
15
1680
112
14
1560
104
13
1440
96
12
1320
88
11
1200
80
10
1080
72
9
960
64
8
840
56
7
720
48
6
600
40
5
480
32
4
360
24
3
240
16
2
120
8
1
15
FORMULA "C"
Four (4) Week Vacation Accrual Formula
FORMULA "D"
Five (5) Week Vacation Accrual Formula
HOURS
WORKED
PAID VACATION
HOURS
EQUIVALENT
DAYS OFF
1800
160
20
1710
152
19
1620
144
18
1530
136
17
1440
128
16
1350
120
15
1260
112
14
1170
104
13
1080
96
12
990
88
11
900
80
10
810
72
9
720
64
8
630
56
7
540
48
6
450
40
5
360
32
4
270
24
3
180
16
2
90
8
1
HOURS
WORKED
PAID VACATION
HOURS
EQUIVALENT
DAYS OFF
1800
200
25
1728
192
24
1656
184
23
1584
176
22
1512
168
21
1440
160
20
1368
152
19
1296
144
18
1224
136
17
1152
128
16
1080
120
15
1008
112
14
936
104
13
864
96
12
792
88
11
720
80
10
16
D. Regular eligible employees who have been continuously on the payroll for six (6) months or
longer and who are terminated or laid off by the Employer will receive payment for all of their
accrued vacation credits on the basis of hours worked during the six (6) months or longer in
accordance with the formulas shown heretofore.
E. 1. Vacations may, at the option of the employee, be scheduled by mutual agreement of the
employee and the Employer, subject to the Employer's determination of the need for the employee's
services. In the event of conflict in the dates affecting two (2) or more employees, the employee(s)
with the greater length of service in the job classification and Group Classification will be given the
preference. (Also applies to I.E.2., above).
2. Pre-approved vacation requests for the periods listed below must be submitted
on a timely basis and the approved vacations (as determined by the Employer’s need for the
employee’s services) will be posted by the dates listed below.
Vacation requests which carry over from one Requested Period to another set forth above
will be approved or denied in their entirety.
Collection Period: Results Posted: Requested Period:
Jan. 1 Feb. 1 March 1 May 1 July 31
Apr. 1 May 1 June - 1 Aug. 1 Oct. 31
July 1 Aug. 1 Sept. - 1 Nov. 1 Jan. 31
Oct. 1 Nov. 1 Dec. - 1 Feb. 1 - Apr. 30
Following the posting of results for each selection period above, any employee may
submit a request for vacation for the remainder of the period. Each week, vacation requests
submitted in the previous week will be reviewed. Consideration will be given first to requests
that were submitted during the pre- approved period and not approved, followed by those
requests submitted within the same week by week ending date. When multiple requests for the
same time period are submitted in the same week, paid time off will be granted by seniority.
For vacation requests submitted no less than eight (8) weeks prior to the start date of the
request, the Company will approve or deny as soon as possible, but no later than six (6) weeks
prior to the start date of such request. Vacation requests submitted with less than eight (8) weeks
advanced notice of the requested start date will be approved or denied within two (2) weeks
of submittal.
648
72
9
576
64
8
504
56
7
432
48
6
360
40
5
288
32
4
216
24
3
144
16
2
72
8
1
17
Any employee whose request has not been approved during a prior selection period must
resubmit their vacation request to be eligible for consideration during the next selection period.
Any employee’s vacation request that has been approved in a prior selection period will not later
be bumped by a more senior employee requesting a vacation in a later selection period.
Employees who fail to request a vacation as herein outlined will be granted vacation at a
mutually agreeable time subject to the Employer’s need for the employee’s services. The
Employer shall endeavor to allow as many employees as is practical to take vacations in any
given week of the calendar year, subject to the Employer’s scheduling needs.
Requests for holidays off will be approved in accordance with eligibility and terms in
Section 14. Holidays, and requests for Personal Days Off in accordance with eligibility and terms
in Section 26. Sick Leave, may be submitted for consideration during the pre-approved periods
above. Posting of approvals, consideration of requests that were not approved, and
consideration of requests submitted after the selection periods will follow the same processes
above.
In the event that it becomes necessary for the Employer to cancel a pre-approved vacation,
the Employer will reimburse the employee for any proven monetary loss to the employee caused by
such change in their vacation plans.
3. Vacations shall be scheduled to commence on any day, except that in the case of
Casual Regular employees, the vacation shall be scheduled to commence at a mutually agreeable
time.
4. Vacations granted by the Employer utilizing the pre-approved vacation request
process described in E.2, above, will not be canceled without four (4) weeks prior notice, except in
the case of force majeure.
F. The Employer may elect that some or all employees take their vacations at one time and
during a period when Disneyland is closed. In the event the Employer does so, employees will be
given vacations at the time of the shutdown, on a pro-rata basis of vacation accrued to that time, and
in accordance with the formulas shown heretofore. This will include pro-rata vacations for Regular
employees of less than six (6) months' continuous service.
G. Upon the request of an eligible employee, the Employer shall provide payment of up to one-
half (½) of an employees total accrued vacation to a maximum of three (3) weeks (120 hours) on an
annual basis.
Such request for payment will be accepted two (2x) times per calendar year during any
payroll week of the calendar year.
H. An eligible employee must utilize accrued vacation in excess of two (2) weeks while on
Family Care Leave, and may request that all accrued vacation be utilized while on Family Care
Leave.
18
I. Upon the request of the employee, accrued vacation hours as outlined herein may be paid
to eligible employees until such time as State Disability or Workers Compensation benefits
begin. When State Disability or Workers Compensation benefits begin any accrued vacation
hours shall be integrated with State Disability or Workers Compensation benefits, paying the
difference between State Disability or Workers Compensation benefits and the employee’s full
wages for time missed from work until such time as the employee has been released from
Disability and returns to work, or until such time as accrued vacation hours have been used up,
whichever comes first.
SECTION 14.
HOLIDAYS
I.A. Full-Time Employee Holidays:
The following shall be paid holidays for Full-Time employees who have completed their
probationary period:
Martin Luther King Jr. Day Labor Day
Presidents Day Thanksgiving Day
Easter Sunday December 24
Memorial Day December 25
Independence Day (July 4) December 31
B. Full-Time Eligibility for a Holiday Not Worked:
1. Employees must have a recorded payroll classification of Regular Full-Time and
have completed the probationary period.
2. Not eligible are Casual Regular, Casual Temporary, or Probationary employees as
defined in Section 9, Probationary Period, and Regular Full-Time employees and who are on
a leave of absence and whose availability for a work schedule during the week containing
the holiday is not known to the Employer.
3. An eligible Regular Full-Time employee will receive pay for their regular
schedule at their straight-time rate, including any shift premium and Lead pay, for each such
holiday not worked.
C. Full-Time Eligibility for a Holiday Worked:
1. Employees must have a recorded payroll classification of Regular Full-Time and
have completed the probationary period, to be eligible for the ten (10) holidays listed in A
above.
2. Not eligible are Casual Temporary or Probationary employees, as defined in
Section 9, Probationary Period.
19
3. An eligible Regular Full-Time statused employee who works on a recognized
holiday shall receive pay at double (2x) their straight-time rate, including any shift
premium and Lead pay, for all hours worked in their regularly scheduled shift, subject to
paragraph III (B).
4. An eligible Regular Full-Time statused employee shall receive double (2x) the
employee's straight-time rate, including any shift premium and Lead pay, for all hours
worked in excess of eight (8) on a paid holiday, provided that the starting time of the
overtime hours occurs within an eight (8) hour period following the ending time of the
employee's regularly scheduled shift.
5. An eligible Full-Time employee who works on a recognized holiday, and is also
terminating their employment with the Employer on that day, shall receive pay at double
(2x) their straight-time rate, including any shift premium and Lead pay, for all hours worked
in their regularly scheduled shift.
D. Additional Full-Time Holiday Provisions:
1. A holiday which falls on a normally scheduled work day but is not worked due to the
holiday shall be counted as time worked for the purpose of computing overtime.
2. Should a holiday fall during the period of an employee's vacation, the employee shall
be granted an extra day's pay subject to paragraph III (B).
II.A. Casual Regular Employees - Holiday Premium for Hours Worked:
1. Casual Regular employees hired prior to April 16, 2006 who have completed their
probationary period and work on the following days shall be paid at time and one half their
straight-time rate, including any shift premium and Lead pay, for all hours worked in their
regularly scheduled shift, subject to paragraph III (B):
Martin Luther King Jr. Day Labor Day
Presidents Day Thanksgiving Day
Easter Sunday December 24
Memorial Day December 25
Independence Day (July 4) December 31
2. Casual Regular employees hired on or after April 16, 2006 who have completed
their probationary period and work on the following days shall be paid at time and one half
their straight-time rate, including any shift premium and Lead pay, for all hours worked in
their regularly scheduled shift, subject to paragraph III (B):
Memorial Day December 25
Independence Day (July 4) December 31
Thanksgiving Day
20
The following two (2) additional paid holidays will become effective for Casual
Regular employees hired on or after April 16, 2006 after 2 years of continuous service:
Labor Day
Presidents Day
The following three (3) additional paid holidays will become effective for Casual
Regular employees hired on or after April 16, 2006 after 3 years of continuous service:
Martin Luther King Jr. Day
Easter Sunday
December 24
B. Additional Holiday Premium Eligibility for Holiday Hours Worked:
1. Not eligible are Casual Temporary, or Probationary employees, as defined in Section
9, Probationary Period.
2. An eligible Casual Regular statused employee shall receive one and one-half times
(1½ x) the employee’s straight-time rate, including any shift premium and Lead pay, for all
hours worked in excess of eight (8) on a paid holiday, provided that the starting time of the
overtime hours occurs within an eight (8) hour period following the ending time of the
employee’s regularly scheduled shift.
3. An eligible Casual Regular employee who works on a recognized holiday, and is
also terminating their employment with the Employer on that day, shall receive pay one and
one-half times (1½ x) their straight-time rate, including any shift premium and Lead pay,
for all hours worked in their regularly scheduled shift.
III. Other Applicable Full-Time and Casual Regular Holiday Provisions:
A. Recognized holidays designated by the Federal Government to be celebrated on a
particular day shall be celebrated on that day. All other recognized holidays shall be celebrated on
the day on which they fall.
B. By job classification and by descending seniority order, Regular status employees will be
offered the opportunity to not work on a recognized holiday. The offer will be made first to Regular
Full-Time employees, and last to Casual Regular employees. Also, it is the intent that before
bringing in Casual Temporary status employees on a holiday, all Regular status employees who are
available to work at the straight-time rate will be offered the holiday work. For information relating
to the process for obtaining pre-approved holiday time off, please refer to Section 13. II. (E) 2
Vacations.
C. An employee who is scheduled to work on a recognized holiday and who does not work
shall not receive holiday pay.
21
IV. Casual Regular Paid Days Off:
Effective January 1
st
of each year, Casual Regular (CR) employees, hired on or after
April 16, 2006, who have been paid the required number of hours and have the required years of
continuous service as a Casual Regular employee, shall be eligible for Paid Days Off (PDO) in
accordance with the chart below:
PDO Eligibility Requirements and Allotments
Years of Continuous CR
Service As of January 1
st
Each Year
Minimum Hours Paid
Threshold in Previous
Calendar Year
Number
of PDOs
Total
2
Y
ea
rs
1040
2
2
3
Y
ea
rs
1040
1
3
4
Y
ea
rs
1040
1
4
5
Y
ea
rs
1040
1
5
The 1040 hours and years of continuous service eligibility requirements noted in this Section
shall apply on January 1
st
of each consecutive calendar year. PDOs shall not be granted
retroactively if an employee fails to meet the eligibility requirements above.
Pre-approved PDO requests must be submitted on a timely basis during the same collection periods
outlined in Section 13 (Vacations) paragraph II (E).
Employees are expected to use all PDOs no later than December 31
st
of each calendar year. If an
employee does not use all of their full allotment of PDOs by the end of the calendar year,
then they will be granted additional PDOs in the new calendar year to bring them up to no more
than the total number of PDOs allowed for the new year in accordance with the chart above.
Employees may use allotted PDOs as paid days off upon approval, based on business need.
A Casual Regular employee’s PDOs shall be used and paid in whole day increments, and may
not be used in increments of less than a whole day. Pay in lieu of unused PDOs shall not be
granted. If the PDO is requested and approved prior to schedule production, eight (8) hours will be
paid.
SECTION 15.
PAY DAY
A. Employees shall be paid weekly, every other week, or twice (2x) a month and their pay will
not be delayed more than six (6) days from the end of each payroll period.
When the Employer has at least thirty (30) days notice of a change in pay days, it will
provide the Union with thirty (30) days notice. If the Employer has less than thirty (30) days
notice, it will provide the Union with as much notice as it has.
22
B. The Employer and the Unions agree to mutually resolve any problems growing out of the
distribution of an employee's paycheck when the regular weekly Pay Day falls on an employee's day
off or on a paid holiday. Problems regarding the availability of an employee's paycheck at time of
starting their vacation will be resolved in similar manner.
C. Any payroll discrepancies shall be addressed as soon as practical and if denied, the
employee will be provided a written response as to the reason the payroll discrepancy has been
denied.
SECTION 16.
REPORT
PAY
A. Regular Report Pay
1. Subject to paragraph 4 below, employees who report for work and who are not given prior
notice not to report and who are not put to work will be given the greater of 2 hours or half their
scheduled straight time shift, not to exceed four (4) hours of pay. Each employee shall keep Human
Resources informed of their current address and phone number.
2. Employees who report for work and are put to work will be given four (4) hours of work or
pay.
3. Employees who report for work and are put to work and who work in excess of four (4) hours
will be permitted to complete their regular scheduled shift for that day.
4. It shall be the obligation of each employee to verify their scheduled shift prior to
reporting when it is raining or threatening rain. Employees who call to verify their scheduled shift
prior to reporting to work (beginning no earlier than 5:30 PM on the day prior to shift start for
shifts beginning at or before 7:00 AM) when it is raining or threatening rain, and are told by
management or their scheduler to report to work, will be given four (4) hours of pay if not put to
work.
B. Call-Back Pay
1. Call-back pay shall apply to that period of time starting after an employee leaves the Park
following completion of their regular shift, to a time which is four (4) hours or more prior to the
beginning of their regularly scheduled shift the next following day.
2. An employee who, during such period of time, is called back to work, but is not put to work,
shall be paid, as a minimum, wages equal to four (4) hours at their regular straight-time hourly rate.
For all hours actually worked the employee shall be paid at one and one-half (1½x) times their
regular straight-time hourly rate; if less than two (2) hours are worked the employee shall
nevertheless receive a minimum of two (2) hours at time and one-half (1½) their straight-time hourly
rate and two (2) hours at their regular straight-time hourly rate. If the hours actually worked
require overtime pay under Section 33.A., the employee shall receive whichever amount is the
greater.
23
3. Employees who are called to report to work at a time which is less than four (4) hours prior
to their regular scheduled shift shall not suffer a reduction in hours as a result of such schedule
change, and shall be informed of what their revised schedule will be at the time of the call.
Employees called to work prior to their regular scheduled shift shall be on a voluntary basis.
C. Shift Scheduling
1. The Employer agrees that it will endeavor to schedule at least ten (10) hours between the
end of any employee's regularly scheduled shift and the beginning of the employee's next regularly
scheduled shift.
2. In the event that there are less than ten (10) hours, between any two (2) shifts, the affected
employee shall receive time and one-half (1½) pay during the second (2
nd
) shift until ten (10) hours
have elapsed from the termination of the employee's first (1
st
) shift.
In the event there are six (6) hours or less between any two (2) shifts, the employee shall
receive one and one half time (1½x) pay during the entire second (2
nd
) shift.
SECTION 17.
LEAVES OF ABSENCE
A. A Regular status employee's request for leave of absence not to exceed thirty (30) days will
be given consideration by the Employer and will be granted if there is good cause for it and the
employee's services can reasonably be spared. All leaves of absence will be granted in writing. No
leave of absence will be extended beyond thirty (30) days except for compelling reasons.
B. A Regular status employee who requests a leave of absence because of an occupational or
non-occupational illness, injury or pregnancy will, upon certification of the employee's condition in
writing by the employee's physician before each extension, be granted extended leave of absence in
units of up to thirty (30) days but not in excess of twelve (12) consecutive months. An employee
who by the end of the authorized leave of absence notifies Health Services of their availability for
re-assignment to work will be re-employed without loss of the last previous employment status,
provided both the employee's and the Employer's physician in writing releases the employee to
perform all of the essential elements of the job classification and without jeopardizing the health and
safety of the employee and/or others. Should the Employer's physician fail to release an employee
to perform all of the essential elements of the job classification and without jeopardizing the health
and safety of the employee and/or others, the Employer shall employ a neutral third physician to
examine the employee and if the neutral third physician releases the employee to perform all of the
essential elements of the job classification and without jeopardizing the health and safety of the
employee and/or others, the Employer's physician shall take into consideration the neutral
physician's release in making final determination of the employee's release to work. Should the
Employer's physician fail to agree with the findings and not allow the employee to return to work,
they shall contact the employee's personal physician and request that the employee be reinstated
to disability benefits. Should the Employer wish to verify an employee's ability and/or inability
to perform the work required due to medical reasons, the Employer may have the employee examined
by the Employer's physician.
24
C. Prior to returning to work an employee on a medical leave of absence must provide Health
Services with documentation from their physician releasing them to return to work. The release
documentation must specifically state the date that the employee’s physician has cleared them to
return to work. Health Services must clear the employee before they return to work and may
require a medical examination or additional documentation from the employee’s physician to ensure
fitness for duty.
D. Notwithstanding anything else contained in this Section 17, no Regular employee shall be
granted leaves of absence that total more than fifteen (15) months in any twenty-four (24) month
period.
E. The Employer shall provide Family Care Leave in accordance with the California Family
Rights Act and Federal Family and Medical Leave Act.
Any leave of absence taken under CFRA or FMLA shall apply towards the maximum
leave available under paragraphs B. and D. above.
SECTION 18.
RETIREMENT PLAN
I. Pension
A. The Employer agrees it will provide a contributory Pension Plan as follows:
1. A Pension Benefit Schedule for employees with five (5) through ten (10)
Credited Years of Service at the rate of $20.00 per year with a minimum monthly
benefit of $100.00 for 5 years and a minimum monthly benefit of $200.00 for 10
years.
2. Pension Benefit Schedule for employees with eleven (11) through twenty
(20) Credited Years of Service at the rate of $21.50 per year with a minimum
monthly benefit of $221.50 for 11 years and a minimum monthly benefit of $415.00
for 20 years.
3. Pension Benefit Schedule for employees with twenty-one (21) through
twenty-five (25) Credited Years of Service at the rate of $23.50 per year with a
minimum monthly benefit of $438.50 for 21 years and a minimum monthly benefit
of $532.50 for 25 years
4. Pension Benefit Schedule for employees with twenty-six (26) through thirty
(30) or more Credited Years of Service at the rate of $23.50 per year with a
minimum of $556.00 for 26 years and a minimum of $650.00 for 30 years.
5. Pension Benefit Schedule for employees with thirty-one (31) through thirty-
five (35) or more Credited Years of Service at the rate of $23.50 per year with a
minimum monthly benefit of $673.50 for 31 years and $767.50 for 35 years.
25
6. Pension Plan Benefit Schedule for employees with thirty six (36) through
forty (40) or more Credited Years of Service at the rate of $23.50 per year with a
minimum monthly benefit of $791.00 for 36 years and a maximum monthly
benefit of $885.00 for 40 or more years.
7. Effective 3/15/02, Employer to provide a new Pension Plan Benefit
Schedule for employees with forty (40) through forty-five (45) or more Credited
Years of Service at the rate of $23.50 per year with a minimum monthly benefit of
$885.00 for 40 years and a maximum monthly benefit of $1,002.50 for 45 or more
years.
8. Effective July 1, 2013, Employer to provide a new Pension Plan Benefit
Schedule for employees with forty-six (46) through fifty (50) or more Credited
Years of Service at the rate of $23.50 per year with a minimum monthly benefit
of $1,026.00 for 46 years and a maximum monthly benefit of $1,120.00 for 50 or
more years.
B. Early retirement benefit for employees with twenty-five (25) or more Credited Years
of Service as follows:
Retirement
At Age
Percent Employee Will
Receive of Benefit at
Normal Retirement (Age 65)
64
100%
63
100%
62
100%
61
95%
60
90%
59
85%
58
80%
57
75%
56
70%
55
65%
C. 1. Effective 1/1/93, Health and Welfare Benefits for Early Retirees between ages
55 to 65, to permit those employees who have 20 Credited Years of Service with at least
30,000 Credited Hours to PURCHASE Major Medical Plan coverage from the Employer.
For purposes of this Agreement, Years of Service and Credited Hours will include all
years and hours earned by an employee prior to January 1, 1993. Years and hours earned
beginning January 1, 1993 will include the amount determined under the previous
sentence plus hours and years earned after December 31, 1992 and after the employee
has attained age 35. Rates for this coverage would be billed to Early Retirees at Employer
ongoing actual costs. At age 65 a Retiree with 20 Credited Years, and 30,000 Credited
26
Hours, (determined as described above) is provided Major Medical coverage on the same basis
as current active employees. In order to be eligible for Health & Welfare Benefits as a
retiree under the terms of this section, an employee must be actively employed by the
Employer at the time they elect to take such early or normal retirement (Age 55 to 65).
2. Employees who were hired on or after September 15, 1995, shall not be
eligible for Retiree Health and Welfare Benefits.
D. An employee who elects to participate in the Plan shall be required to sign a payroll
authorization for the deduction of seven cents (7¢) for all straight-time hours worked, and
the Employer will make such deduction and remit same to the Plan Fund. After five (5)
years of participation, employees shall cease their seven cents (7¢) hourly contribution, and
the Employer shall make the full contribution in behalf of the employee.
E. For participation purposes, an employee shall be given a year of service for each
anniversary year (measured from employment date) ending on or after March 1, 1981, in
which they have at least 750 hours of service. For benefit accrual and vesting purposes an
employee shall be given a Credited Year of Service for each Plan Year ending after March
1, 1981, in which they have at least 750 hours of service. All prior years will be on the prior
1,000 hour basis. For full benefit accrual in a year, 1,500 hours are required.
F. Qualified participants, without additional cost to the participant, are covered by the
spouse’s pre-retirement income protection benefit upon the completion of five (5) or more
Credited Years and 7,500 Credited Hours of service.
If a participating employee becomes eligible for this benefit and dies, the
participant’s spouse will receive a lifetime benefit in an amount equal to one-half of the
benefit the participant would have received under the Joint and 50% Survivor basis. Payments
to the spouse may begin, at the election of the spouse, on the first day of any month
following the later of; the date of the employees death or the date the employee would
have attained age fifty-five (55), but not later than age sixty-five (65).
G. Any participating employee who attains age sixty-five (65) as an active employee
becomes immediately vested in their accrued benefit. The benefit payable to such a
participant upon retirement will be based on the participant’s completed Credited Years and
Credited Hours of service and the Pension Benefit Schedule in paragraph I. below. If a
participant’s credited years are less than five credited years, the participant’s benefit will be a
pro rata amount of benefit on the schedule for 5 years.
H. The Plan, as established, shall be administered by a seven (7) member administrative
committee. One member of the committee shall be selected by the Unions signatory to this
Agreement.
27
I. It is agreed that the current provisions of the Pension Plan relative to benefits,
qualifications of employees and rates of contribution, as amended effective September 15,
1992, shall not be changed prior to September 15, 1995 except for any improvements
negotiated as provided under this Section 19 or as may be required by federal regulations.
J. Pension Benefit Schedule
Completed Credited
Years of Services
Completed Credited
Hours of Service
Monthly Benefit
At Age 65
5
7,500 or more
$100.00
6
9,000 or more
120.00
7
10,500 or more
140.00
8
12,000 or more
160.00
9
13,500 or more
180.00
10
15,000 15,749
15,750 or more
200.00
210.75
11
16,500 17,249
17,250 or more
221.50
232.25
12
18,000 18,749
18,750 or more
243.00
253.75
13
19,500 20,249
20,250 or more
264.50
275.25
14
21,000 21,749
21,750 or more
286.00
296.75
15
22,500 23,249
23,250 or more
307.50
318.25
16
24,000 24,749
24,750 or more
329.00
339.75
17
25,500 26,249
26,250 or more
350.50
361.25
18
27,000 27,749
27,750 or more
372.00
382.75
19
28,500 29,249
29,250 or more
393.50
404.25
20
30,000 30,749
30,750 or more
415.00
426.75
21
31,500 32,249
32,250 or more
438.50
450.25
22
33,000 33,749
33,750 or more
462.00
473.75
23
34,500 35,249
35,520 or more
485.50
497.25
24
36,000 36,749
36,750 or more
509.00
520.75
28
25
37,500 38,249
532.50
38,250 or more
544.25
26
39,000 39,749
556.00
39,750 or more
567.75
27
40,500 41,249
579.50
41,250 or more
591.25
28
42,000 42,749
603.00
42,750 or more
614.75
29
43,500 44,249
626.50
44,250 or more
638.25
30
45,000 45,749
650.00
45,750 or more
661.75
31
46,500 47,249
673.50
47,250 or more
685.25
32
48,000 48,749
697.00
48,750 or more
708.75
33
49,500 50,249
720.50
50,250 or more
732.25
34
51,500 51,749
744.00
51,750 or more
755.75
35
52,500 or more
767.50
53,251 or more
779.25
36
54,000 54,750
791.00
54,751 or more
802.75
37
55,500 56,250
814.50
56,251 or more
826.25
38
57,000 57,750
838.00
57,751 or more
849.75
39
58,500 59,250
861.50
59,251 or more
873.25
40
60,000 60,749
885.00
60,750 or more
896.75
41
61,500 62,249
908.50
62,250 or more
920.25
42
63,000 63,749
932.00
63,750 or more
943.75
43
64,500 65,249
955.50
65,250 or more
967.25
44
66,000 66,749
979.00
66,750 or more
990.75
45
67,500 68,249
1,002.50
68,250 or more
1,014.25
29
K. Employees hired on or after October 1, 2013 shall not be eligible to join or participate
in the Disneyland and Associated Companies’ Retirement Plan.
Eligible employees hired prior to October 1, 2013 will remain eligible for
participation in the Disneyland and Associated Companies’ Retirement Plan according to
the Plan eligibility and requirements.
L. Hourly 401(k) Plan
The Company agrees to provide and implement the Disney Hourly 401(k) Plan on October
1, 2013 on the following basis:
1. Eligible employees as defined in paragraph (2) below may contribute up to
fifty percent (50%) of their annual hourly straight time wages on a pretax
basis, up to the maximum provided by Federal Law. The Employer will
make a matching contribution equal to seventy-five percent (75%) of the first
four (4%) percent of the employee contribution, for a maximum Employer
contribution of three percent (3%) of straight time wages up to the IRS
maximum. The Employer matching funds may be invested by the employee
in any of the investment option(s) available under the Disney hourly 401(k)
plan.
2. All Employees over the age of eighteen (18) are eligible to make
contributions to the 401(k) plan.
3. The Company reserves and retains the right to administer the Plan internally
or through the use of an outside administrator, to change or modify the
investment choices available to the participants of the Plan, to charge an
administrative fee directly to participant accounts, to charge transaction fees
directly to a participant account (for example, loan setup and ongoing
processing fees), to modify the Plan as necessary to remain in compliance
with applicable law, and to make any other design decision, change or
modification to the Plan deemed appropriate by the Employer, with the
exception of vesting requirements, eligibility for participation and Employer
matching contributions.
46
69,000 69,749
1,026.00
69,750 or more
1,037.75
47
70,500 71,249
1,049.50
71,250 or more
1,061.25
48
72,000 72,749
1,073.00
72,750 or more
1,084.75
49
73,500 74,249
1,096.50
74,250 or more
1,108.25
50
75,000 or more
1,120.00
30
SECTION 19.
JURY SERVICE
A. Whenever a Regular status employee covered by this Agreement with one (1) or more years'
seniority is summoned for Jury Service and makes prompt application to their department head and
is directed to Human Resources and is then excused from regularly scheduled work and reports for
Jury Service and furnishes the Employer with a certification of Jury Service, signed by an
official of the court reflecting Jury pay received, the employee shall be paid the difference between
Jury pay received and the amount they would have normally received for their regularly scheduled
shift at their regularly scheduled straight-time hourly rate as provided below.
B. Any employee who is called for Jury Service and loses time from work, but is not accepted,
released or their services are terminated, must report to their job promptly, provided that three (3)
hours or more of work time remains on their regularly scheduled shift.
C. An employee who is working on either the second (2
nd
) or the third (3
rd
) shift at the time of
receiving official notice to report for active Jury service shall promptly notify their supervisor of
the fact. The employee shall then as soon as possible be temporarily rescheduled to work on the
first (1
st
) shift for the duration of their period of Jury service. When an employee is notified that
their Jury service obligation has expired, they shall promptly notify their supervisor of the fact. At
least eight (8) hours of non-work time shall elapse between the old and the new shift.
D. Jury service pay shall not exceed twenty (20) working days in any one (1) calendar year.
E. The Employer reserves the right not to excuse any eligible employee for Jury service when
such employee's services are needed by the Employer because qualified replacements are not
available or the employee's absence would result in a hardship to the Employer if the Employer can
get the employee excused from Jury service.
F. Any eligible employee who is selected to serve on a trial that requires the employee to be in
court Monday through Friday shall, if the employee so requests with three (3) days prior notice, be
allowed to take either Saturday or Sunday as an authorized day off without pay. The selection of
which day is allowed off shall be determined by the Employer based upon the need for the
employee's services.
SECTION 20.
SENIORITY
A. 1. a. The principles of seniority shall be observed in furloughs, layoffs, recalls,
and scheduling of hours on a weekly basis according to job and group classification and
availability by department, provided additional training is not required. Employees changing their
availability shall not be able to claim hours regularly assigned other employees, but will be entitled
to additional hours as they become available. The parties hereto recognize that there may be
certain deviations from these principles. The Employer agrees in such instances to discuss proposed
deviations from the application of the seniority principles with the appropriate Union Representative.
The applicable seniority date within job and group classification for the purpose of layoff,
furlough, and recall shall be thescheduling senioritydate.
31
b. The Employer shall adhere to the following principles of seniority when
recalling employees from layoff and furlough:
(i) Recall shall be implemented by park, job classification, and group
classification (Full-Time, Casual Regular, Casual Temporary). If positions
remain after location/scheduling group, recall will be by classification seniority.
(ii) Job knowledge may be contemplated in recall. The Union may
request the reason for job knowledge decisions, and any disputes will be subject
to the Section 7 grievance process.
(iii) The Employer will provide the Union at least three (3) calendar
days’ advance notice of recall including a list of employees to be recalled.
(iv) The employee will be notified of their recall at least seven (7)
calendar days before their required report to work date.
(v) The Unions and the Employer shall negotiate any further details
regarding layoff, furlough, and recall procedures consistent with the above
provisions.
c. Selection to Regular Full-Time Group Classification
Criteria for Full-Time Conversions/Openings
The following is the selection criteria for Full-Time openings under the
Disneyland Master Services Agreement.
Where skill and ability, qualifications, work record, and demonstrated
performance are relatively equal, the principles of seniority shall be observed
when making the final determination as to which Cast Member(s) shall be selected
for Regular Full Time positions. However, the final selection shall be at the
discretion of the Employer, but shall not be arbitrary or capricious in nature.
Work record must be clear of all of the following:
6 months for attendance discipline
6 months for general discipline
12 months for safety and courtesy discipline
Consideration will be made regarding the following skills and abilities:
Exhibits excellent Guest Service skills.
Meets performance measures where applicable and/or has specific job skills,
e.g., Distribution Center, Merchandise Back of House, Seamstress, etc.
A minimum of 1 year relevant work experience is preferred.
32
Selection Process
The Employer will post Regular Full-Time openings. The Employer will
consider all Regular Full-Time and Casual Regular Cast Members for these
opening(s) who apply in writing to their area management and who also meet the
selection criteria referenced above. If there are no Cast Members who meet
the selection criteria, the Employer, may hire directly from the external market to
fill the available opening(s).
The Employer will select qualified Cast Members in the following order:
Current Casual Regular Cast Members previously recast from a Regular Full
Time position through the medical accommodation process due to an occupational
injury or illness.
Current Regular Full Time Cast Members being recast through medical
accommodation process due to an occupational injury or illness.
Current Regular Full-Time Cast Members from another job classification
within the Master Services Agreement. (For example, an RFT Merchandise to
an RFT Attractions.) These Cast Members will be placed at the bottom of the
RFT Attractions job classification for seniority and scheduling purposes.
Casual Regular Cast Members from the same job classification (e.g.,
Attractions CR to Attractions RFT) who have averaged thirty (30) or more hours
per week during the preceding twelve (12) months.
All other Casual Regular Cast Members in the same classification.
Casual Regular Cast Members from another job classification within the Master
Services Agreement (e.g., CR Custodial to Merchandise RFT)
Any Casual Regular Cast Member who accepts a RFT role under a different
classification within the Master Services Agreement must remain in that
classification for a period of eighteen (18) months prior to transferring to a RFT
role in a different classification.
Grievance Procedure
Any dispute on the application of the seniority principle shall be subject to the
grievance procedure.
2. In the event that more than one (1) employee has the same group classification
seniority date, the employee with the most seniority in the lower permanent group classification
shall be scheduled the greater number of straight-time hours, provided additional training is not
required.
33
3. Additional Work
(a) If the Employer deems it necessary to utilize overtime on the posted schedule,
the principles of seniority shall be observed to distribute additional hours first to qualified (job
knowledge and skills and ability) employees who have advised the Employer in writing or
electronically of their availability and preference for overtime; and second, in reverse seniority
order to qualified, available employees if involuntary overtime is required.
(b) If the Employer deems it necessary to add shifts to the posted schedule, the
Employer will call, on a seniority basis by job and group classification employees who have
advised the Employer of their interest in additional straight-time hours for that specific day
or specific work week to distribute additional hours first to qualified (job knowledge and
skills and ability); and second, on an overtime basis as defined in 3.(a) above.
(c) If the Employer deems it necessary to extend shifts during the course of daily
operations, due regard will be given to seniority by location or grouping of locations in close
physical proximity where costume changes are not required.
4. The principles of seniority shall be considered in the selection of working leads and
general leads. However, the final selection shall be at the discretion of the Employer.
5. It is further agreed that the seniority principle as herein outlined shall be by job
classification and shall not apply where employees are being transferred and/or promoted from
a bargaining unit classification to a non-bargaining unit classification. When this occurs the
employee shall maintain their classification seniority for a period of fifty-two (52) consecutive
payroll weeks for purposes of transferring back to such classification. The above referenced
fifty-two (52) weeks may be extended by mutual agreement of the parties.
6. Any dispute on the application of the seniority principle shall be subject to the
grievance procedure.
7. Employees on layoff for twelve (12) months or less who are recalled will maintain their
seniority date and their continuous service date for purposes of Employer benefits.
8. A Regular employee who accepts an assignment to a higher group classification, other
than a temporary assignment, shall be given a new seniority date for that group classification
which is identical to the date of conversion to the new classification.
9. When an employee is permanently transferred to another classification within the
Disneyland Park and thereafter is laid off, such employee may exercise their seniority to
the extent of their length of service to return (bump) to their most recent prior job classification
which would not be subject to layoff provided both positions are covered under this
Agreement and the employee has remained continuously employed prior to layoff. The
Employer and Union will meet and agree on the determination of employees eligible for
bumping rights under this provision.
34
10. A Casual Regular employee who has been converted to Regular Full-Time, as in
Section 20.A.1.c., preceding, may in lieu of layoff accept Casual Regular employment with
retention of their Regular Full-Time rate and seniority date for the purpose of reclaiming a
Regular Full-Time position. Regular Full-Time employees who have held such position for six
(6) months or longer and elect to accept Casual Regular employment in lieu of layoff shall have
precedence over those employees having a Casual Regular seniority date. Regular Full-Time
employees who have held such position for less than six (6) months and elect to accept Casual
Regular employment in lieu of layoff shall utilize their previously held Casual Regular seniority
date for scheduling purposes.
11. Any employee who accepts a position with the Union as an official, other than a shop
steward under this Agreement, will be terminated, but shall be entitled to return to their
former position with no loss of seniority if they return to their former position within fifty-two
(52) consecutive payroll weeks from the date of accepting such position with the Union.
The above referenced fifty-two (52) weeks may be extended by mutual agreement of the
parties.
12. Training
(a) The Employer will determine the necessary training and cross-training of
its employees, in each job classification, dependent on the Employer’s need.
(b) Employees who are interested in receiving additional training or cross-
training in other work locations, within their job classification, shall make this
interest known to the Employer, in writing on an appropriate form provided by the
Employer.
(c) 1. Where skill and ability, qualifications work record, and demonstrated
performance are relatively equal, the principles of seniority and the submission
of a cross-training interest form shall be observed when making the final
determination of which employees will be trained or cross-trained in additional
work locations, subject to the determination by the Employer, that the selected
employee(s) possesses the availability, proper work status, and seniority that
would likely result in the employee(s) being scheduled in a different location. Any
employee who fails to receive the additional training on the basis of seniority will
be provided the specific reasons upon their request.
2. In addition, the Training language referred in paragraph (c). 1. above
shall also be utilized in determining which Cast Members will be trained or cross-
trained for the purposes of scheduling Flexibility of Job Classifications (Section
38.C.) and Interchangeability between Disneyland Park and Disney California
Adventure (Section 20.E.).
13. The Employer shall make the determination of the number of shifts and
appropriate shift starting and ending times in each job classification based upon the needs of
the business.
35
In making such determination it is not the intent of the Employer, to restrict the
number of eight (8) hour shifts nor to limit the number of eight (8) hour shifts with early
start times, other than is dictated by legitimate business needs. An average of at least
fifty percent (50%) of opening shifts (defined as the first shifts of the day) over a six
month period across the Disneyland Park in job classifications covered by this
agreement shall be eight (8) hours or longer.
B. Temporary Full-Time or Temporary Part-Time employment is defined as follows:
1. Employment during that period of time which is defined in subsection C.1., as the
summer season.
2. During the winter season, which is that period of time not included in the summer
season, a Regular employee may be assigned intermittently to a higher Group Classification,
but not to exceed a period of four (4) consecutive workweeks, otherwise a Regular job
opening will be deemed to exist, unless the position filled is one created by a leave of
absence or vacation.
C. Conversion from Casual Temporary to Regular status:
1. The summer season is deemed to begin with the week containing May 1st and ends
on the last Sunday in September.
2. The Christmas season is deemed to begin on Monday two (2) weeks preceding the
week which contains Christmas Day (December 25), and ends on the Sunday following New
Year's Day (January 1).
3. The Spring Break season is deemed to begin two (2) weekends (Friday, Saturday
and
Sunday) preceding Easter Sunday and ends the next Sunday that follows Easter Sunday.
The
two (2) weeks preceding Easter Sunday shall be available to be counted towards
eligibility for attaining a higher group classification.
4. An employee who is hired on a Casual Temporary status shall either be laid off not
later than the ending of the summer season or shall be converted to Regular status the next
following week, unless worked under the provisions of C6 below.
5. A Casual Temporary employee, who is converted to Regular status, shall receive a
seniority date which is identical with their conversion date.
6. Casual Temporary employees shall be defined as those hired primarily to
supplement the Regular personnel during the Christmas, Easter, and summer seasons, or
when Regular personnel are not available at straight-time hours. Casual Temporary
employees shall not be used to circumvent promotion into Regular job openings.
36
7. Casual Regular employees shall be defined as those who are hired primarily to work
one of the following options:
a. Weekends (Friday 5pm to closing Sunday) and Holiday Periods;
b. Weekdays (Monday through Thursday after 5pm) and Holiday Periods;
or
c. Seven Day (After 5pm Monday through Friday, all day Saturday and
Sunday) and Holiday Periods.
8. Seniority shall be separate for Regular Full-Time, and Casual Regular group
classifications.
9. Casual Regular employees are required to be fully available for work assignments
during the as specified above in subsection C(7):
Holiday Periods are defined as the week before and the week after Easter, the
week containing Thanksgiving, the week before the week of Christmas Day through
the week after the week containing New Year’s Day, and the other individual named
holidays in Section 14.11.A.
Casual Regular employees who make known to the Employer their unavailability
for work assignments outside of the times defined above, shall not be required to work
nor shall they be able to claim more hours on a seniority basis.
Casual Regular employees willing to accept work assignments outside of the
times defined above may make that interest known to the Employer. Such work
assignments will be provided based on business need and will be scheduled in seniority
order after all employees regularly in the work assignments defined above have been
scheduled.
Casual Regular employees will be given the opportunity a minimum of four (4)
times per year following the full-time conversion process to change their availability
as defined above based on business need and seniority with the exception that the
Seven Day option will be available to all Casual Regular employees upon request.
The Employer agrees to excuse Casual Regular employees from work if the
employee provides proof of conflicting class exam schedules and provides alternate
availability. The employees shall provide reasonable notice of their class and exam
schedules to the Employer to facilitate scheduling.
D. The Employer will give consideration to seniority for scheduled days off and shift
preferences (i.e., shift starting times). Scheduling of days off and shift preferences shall not be
arbitrary or capricious in nature and under no circumstances, will scheduled days off or shift
preference be used as a form of disciplinary action against an employee.
37
E. Interchangeability of Cast Members between Disneyland Park and Disney California
Adventure.
Disneyland Park may utilize employees from Disney California Adventure or utilize
Disneyland Park employees at Disney California Adventure, including Downtown Disney & Hotel
Stores, when Regular employees are not available at straight time rates of pay.
F. Disneyland Resort College Program
1. The Disneyland Resort College Program (“DRCP”) is a unique internship that
blends learning components with a paid work experience.
2. The Program components consist of the Disney College Program and the Disney
Career Start Program.
a. The Disney College Program is offered to students who are currently
enrolled in a college or university.
b. The Disney CareerStart Program is offered to recent high school
graduates.
c. Both programs are generally scheduled for a five (5) to seven (7) month
period of time and are generally scheduled to coincide with the spring and fall
semesters of each school year based on the needs of the business.
d. As part of the requirements in the Disneyland Resort College Program, all
participants must meet the same standards as other employees.
3. Work Status
a. Disneyland Resort College Program employees will be statused as Casual
Regular employees under the Agreement. However, this Disneyland Resort
College Program section of the agreement will take precedence over any Casual
Regular terms and conditions set forth in this agreement where there is an actual
or perceived difference in Casual Regular terms and conditions of employment.
All other terms and conditions contained in the agreement pertaining to Casual
Regular employees will remain in effect and apply to Disneyland Resort College
Program employees.
4. Rate of Pay
a. An employee working under the Disneyland Resort College Program will be
paid the Regular Start Rate during the duration of their entire five (5) to seven (7)
month program.
38
5. Hours Worked Per Week
a. Disneyland Resort College Program employees must be fully available to
work an average of up to thirty two (32) hours per week during non-Peak seasons,
and up to forty (40) hours or more per week during Peak seasons as defined in
Section 20. (Seniority), paragraph C., based on the needs of the business.
6. Benefits
a. An employee working under the Disneyland Resort College Program will
be eligible to receive the benefits available to non-DRCP Casual Regular
employees after completing the one hundred twenty (120) day Casual Regular
probationary period as defined in Section 9., Probationary Period.
b. However, under no circumstances will a Disneyland Resort College
Program employee be eligible for the Disney Signature Health & Welfare Benefit
Program while they are employed under the terms and conditions of the
Disneyland Resort College Program.
7. Seniority
a. Any and all employees working under the Disneyland Resort College
Program will be assigned a scheduling seniority date of three years prior to the
start date of the College Program in which they are enrolled.
b. Seniority after completing the Disneyland Resort College Program
1. A Disneyland Resort College Program employee who completes
the Program may apply for either a Regular Full-Time or Casual Regular
position. If selected, the employee will be given a new scheduling seniority
date based on their new hire date.
SECTION 21.
SHOP STEWARD
A. The Union shall have the right to designate Shop Stewards. The Local Union shall, in
writing, notify the Labor Relations office of the Employer as to the identity of the designated Shop
Stewards. The Shop Stewards shall have the right to receive, but not to promote complaints
or differences and to discuss and assist in the adjustment of the same with the appropriate Supervisor.
The Employer will not discriminate against the Shop Stewards in the proper performance of Union
duties provided that such duties do not unreasonably interfere with regular work or with the work of
other employees and the Shop Stewards shall not leave their work station without first notifying their
appropriate Supervisor as to the intent, the reason therefore, where they can be reached and the
estimated time they will be gone.
39
B. Where the complaint or difference involves more than one (1) employee, it must be presented
to Management by the Shop Steward alone for the employees involved unless presented outside of
regular working hours, or unless the division head involved gives permission for other employees
or more than one Shop Steward to attend such presentation.
C. The Employer agrees upon discharge of an employee, to promptly notify the Shop Steward.
The Employer will notify the Union in the event of the layoff or discharge of a Shop Steward in
advance of the termination, if possible.
D. An employee may request that a steward be present during an investigatory conference with
supervision. When operationally feasible, the steward provided will be from the employee’s
Union.
SECTION 22.
WAIVER
The Unions agree that in the event of any violation of Section 1 or Section 6 of this
Agreement by any signatory Union they will in good faith inform their members that such action by
the other Union is a violation of this Agreement and instruct their members that they are to continue
to perform work for the Employer in the usual manner. After they have done so, no signatory Union
or Council shall be liable in damages for any violation of the provisions of Section 1 or Section 6 of
this Agreement so long as they do not assist or participate in such violation.
SECTION 23.
DURATION
A. This Agreement shall be in full force and effect from June 17, 2021 to June 16, 2024, and
from year to year thereafter, subject to the right of either party to terminate same on June 16, 2024,
or at any anniversary of June 16, following June 16, 2024, upon the giving of written notice of
termination not less than ninety (90) days next preceding the effective date of such termination.
B. Either party shall have the right to open this Agreement for revision or amendment without
termination upon the giving of ninety (90) days written notice of intention to revise or amend prior
to the expiration of the Term.
Except by mutual agreement, negotiations on all such proposals and/or revisions shall
commence no later than May 1, 2024, or on May 1, of any subsequent year, providing the steps for
revision or amendment have been timely instituted in accordance with this paragraph.
C. It is agreed that Disneyland and the Unions signatory to this Agreement shall be and each of
them are hereby precluded from raising issues pertaining to wages and working conditions during
the period commencing June 17, 2021 to June 16, 2024, or thereafter, except as shown in Section 8,
heretofore.
40
SECTION 24.
GENERAL SAVINGS CLAUSE
It is not the intent of either party hereto to violate any laws or any rulings or regulations of
any Governmental authority or agency having jurisdiction of the subject matter of this Agreement
and the parties hereto agree that in the event any provisions of this Agreement are held or
constituted to be void as being in contravention of any such laws, rulings or regulations,
nevertheless, the remainder of this Agreement shall remain in full force and effect, unless the parts
so found to be void are wholly inseparable from the remaining portion of this Agreement.
SECTION 25.
QUALIFICATIONS
A. Each of the parties hereto warrants and agrees that it is under no disability of any kind,
whether arising out of its compliance status within the meaning of the National Labor Relations Act
or out of the provision of its Articles of Incorporation, Constitution, By-Laws, or otherwise, that will
prevent it from fully and completely carrying out and performing each and all of the terms and
conditions of this Agreement, and, further, that it will not by the adoption or amendment of any
provision of its Articles of Incorporation, Constitution, or By-Laws, or by any contract or any means
whatsoever take any action that will prevent or impede it in the full and complete performance of
each and every term and condition hereof. The warranties and agreements contained in this
paragraph are made by each of the signatories hereto on their own behalf and on behalf of each
organization for which they are acting hereunder. The individuals signing this Agreement in their
official capacity and the signatories hereto hereby guarantee and warrant their authority to act for
and bind the respective parties or organizations whom their signatures purport to represent, and the
Local Unions on whose behalf the said parties are signing the said Agreement.
B. This Agreement contains all of the covenants, stipulations, and provisions agreed upon by
the parties hereto, and no agent or representative of either party has authority to make and none of
the parties shall be bound by nor liable for any statement, representation, promise, inducement, or
agreement not set forth herein; that any provision in the working rules of the Unions, with reference
to the relations between the Employer and its employees, in conflict with the terms of this Agreement
shall be deemed to be waived and any such rules or regulations which may hereinafter be adopted
by the Unions shall have no application to the work hereunder.
SECTION 26.
SICK LEAVE
A. Each Regular Full-Time statused employee will accrue credits toward sick leave and will
be entitled to sick leave in accordance with the formula of straight-time hours worked as described
hereinafter. Upon completion of the aforementioned requirements, eight (8) hours of sick leave
accrual shall be accrued for each two hundred forty (240) hours worked, up to a maximum of fifty-
six (56) hours in any twelve (12) month period. O n o r a f t e r t h e f i r s t n i n e t y
( 9 0 ) d a y s o f e m p l o y m e n t , said sick leave benefit may be used at any time after
accrual without regard to the anniversary year.
41
B. Unused sick leave may be accumulated up to a maximum of two hundred (200) work hours.
Subject to the amendment outlined in the next following paragraph, sick leave may be used only for
absences due to illness or injury, except that upon termination an employee with unused sick leave
credits will be paid all such credits at the employee's regular straight-time rate. Employees will not
be entitled to sick leave pay for illness occurring during vacation or on days on which they are not
scheduled to work.
An eligible employee who accrues in excess of two hundred (200) hours of unused sick
leave will, when requested, be granted additional paid vacation hours equaling the amount of excess
hours. Sick leave credits will be accrued on a floating calendar year basis.
C. Sick leave will be paid for the number of hours in the employee's regularly scheduled shift at
the time the sick leave was taken, except as set forth in paragraph F of this Section. "Continuous
service" for the purpose of this Section shall be computed in the same manner as for vacation.
D. The formula for computing Sick Leave is as follows:
FORMULA
After 1680 hours, 56 hours Sick Leave
After 1440 hours, 48 hours Sick Leave
After 1200 hours, 40 hours Sick Leave
After 960 hours, 32 hours Sick Leave
After 720 hours, 24 hours Sick Leave
After 480 hours, 16 hours Sick Leave
After 240 hours, 8 hours Sick Leave
E. If six (6) or more consecutive regularly scheduled shifts of sick leave are applied for, the
Employer may request a physician's written statement certifying the nature and length of the
illness and, if so requested, must accompany the request for sick leave pay. The Employer may
require proof of illness in any case if it desires and an employee not furnishing such proof will not be
entitled to sick leave pay.
F. In the event an employee incurs a non-occupational illness while at work and the employee
cannot complete their shift, the employee may apply under the provisions of paragraph E of this
Section for sick leave pay covering the unworked balance of their regularly scheduled shift, in units
of one (1) hour.
G. Upon the request of the employee, full sick leave benefits as outlined herein may be paid to
eligible employees until such time as State Disability or Workers Compensation benefits begin.
When State Disability or Workers Compensation benefits begin any accrued sick leave benefits
shall be integrated with State Disability or Workers Compensation benefits, paying the difference
between State Disability or Workers Compensation benefits and the employee's full wages for time
missed from work until such time as the employee has been released from Disability and returns to
work, or until such time as the sick leave benefits have been used up, whichever occurs first.
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H. Eligible employees who have accrued sick leave may utilize sick leave to care for an ill or
injured dependent or as personal days off. For information relating to the process for obtaining pre-
approved time off utilizing sick pay, please refer to Section 13.II. (E) 2. Vacations.
I. Upon the request of an eligible employee, the Employer shall provide for payment of up to
all accrued Sick Leave in excess of ninety-six (96) hours. Such request for payment of an accrued
Sick Leave will be accepted two (2x) times per calendar year during any payroll week of the
calendar year.
SECTION 27.
CHECKOFF
A. The Employer agrees to withhold, on a weekly basis, the authorized monthly dues,
initiation fees, and/or weekly shift fees of the appropriate Union for each employee who signs
a written authorization for such deduction. The money so withheld will be paid over promptly
through direct deposit into the Union’s bank account certified to the Employer in writing by electronic
transfer.
B. The Unions will give the Employer a written statement of the authorized monthly
dues, initiation fees, and/or weekly shift fees to be withheld and agree that the Employer will suffer
no loss because of any withholding from employee’s pay pursuant to this Section.
SECTION 28.
MANAGEMENT ’S R IG HTS
The operation of the business including but not limited to: its right to determine
qualifications; to establish and change work schedules and assignments; to lay off, or otherwise release
employees from duty for lack of work; to determine the product, price, method of operation and
supervision of the workforce; to create, add, amend, alter, terminate and/or rescind any or all Resort-
wide employee privileges and perquisites (including, but not limited to; employee discounts,
complimentary admission, Main Entrance Passes, recognition awards, celebrations, etc.); to establish,
modify and enforce policies and rules, including standards of conduct and personal appearance; to
determine hours of operation and appropriate equipment and supplies required; to alter, relocate,
suspend and/or discontinue all or any part of its operations; select and direct employees;
determine the number of classifications and employees required; to institute technological
changes; and otherwise to take such measures as Management may reasonably determine to be
necessary to the orderly, efficient and economical operation of the business, but shall not be used so
as to defeat any provision of this Agreement. Except as provided in Section 3, (Union Security), of
this Agreement the Employer has the right to establish standards of employment and to hire,
di s c ipli n e discharge or suspend an employee for any just cause which it deems sufficient,
but shall not exercise this right so as to defeat any provision of this Agreement. Furthermore, no
employee shall be discharged or discriminated against because of Union membership or proper
activity on behalf of the Union.
The employer shall make reasonable efforts to give the Union notice of major
operational changes or work rules; however, failure to provide such notice will not affect the
Company’s right to implement such changes.
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SECTION 29.
SUBCONTRACTING
During the term of this Agreement, the Employer agrees that it will not subcontract work for
the purpose of evading its obligations under this Agreement. However, it is understood and agreed
that the Employer shall have the right to subcontract when:
1. Where such work is required to be sublet to maintain a legitimate manufacturer's
warranty; or,
2. Where the subcontracting of work will not result in the termination or layoff, or the
failure to recall from layoff, any permanent employee qualified and classified to do the
work; or,
3. Where the employees of the Employer lack the skills or qualifications or the
Employer does not possess the requisite equipment for carrying out the work; or,
4. Where, because of size, complexity, or time of completion, it is impractical or
uneconomical to do the work with Employer equipment and personnel.
Notwithstanding anything contained elsewhere in this Section 29 the Employer may
subcontract a portion of its operation on either a temporary or permanent basis as long as 90% of its
operations, functions and facilities subject to this Agreement are staffed and operated according to
the terms of this Agreement.
SECTION 30.
BEREAVEMENT LEAVE
A. A Regular statused employee bereaved by the death of a member of their immediate family
may take time off with pay.
B. The deceased must have been a spouse, eligible domestic partner, child, step/foster
child, parent, step/foster parent, sibling, grandchild, grandparent, or parent-in-law. If a closer than
normal relationship or responsibility existed between the employee and a relative other than those
named, consideration will be given toward payment of the bereavement benefit.
C. Paid bereavement leave may be taken up to a maximum of five (5) days for each
occurrence. Payment is available only for scheduled work shifts which the individual misses and
will be based on the employee's current rate. The relationship of the deceased must be noted on the
request for bereavement pay status.
D. Bereavement leave benefits may not be accumulated, nor will any employee be paid in lieu
of any unused Bereavement Leave.
E. An employee who is on an authorized leave of absence is not eligible for Bereavement
Leave.
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SECTION 31.
FOUR (4) DAY, TEN (10) HOUR PER DAY WORKWEEK
A. The Employer shall have the right to establish a four (4) day, ten (10) hour per day
workweek in any and all departments and/or locations as determined by the Employer. The Union
may present to the Employer a request to establish a four (4), ten (10) hour per day workweek in any
and all departments covered under this agreement, however, the final decision shall be based upon
business needs as determined by the Employer. The Union may request the reason for the denial of a
particular request.
B. The Employer shall give employees assigned to a four (4) day, ten (10) hour per day
workweek, five (5) days notice of such assignment. The five (5) day notice shall include the day
notice is given.
C. In assigning employees to a four (4) day, ten hour per day workweek, the Employer will
select employees, including volunteers for such assignment, utilizing the principles of seniority
where skill and ability are relatively equal.
D. All employees assigned to a four (4) day, ten (10) hour per day workweek shall be scheduled
for three (3) days off in the workweek, at least two (2) days of which will be consecutive days off.
The Employer will endeavor to schedule three (3) consecutive days off in the workweek, where
possible. However, the final schedule shall be at the discretion of the Employer.
E. All time worked over ten (10) hours in any one (1) day or forty (40) hours in any one (1)
workweek shall be compensated for at the rate of one and one-half times (1½x) the employee's
regular rate, including any applicable premium rate. All time worked over twelve (12) consecutive
hours in any one (1) day shall be compensated for at the rate of two times (2x) the employees
regular straight-time classification rate, including any applicable premium rate.
F. 1. When a holiday falls on an eligible employee's (as defined in Section 14) regularly
scheduled day of work, and they are not required to work on that day, and their regularly
scheduled workweek consists of four (4), ten (10) hour days, they shall be paid as a holiday
premium, ten (10) hours' pay at their regular straight-time rate of pay including any shift
premium and/or lead pay for that day and that shall be considered as ten (10) hours worked
for the purposes of computing overtime in that workweek.
2. When a holiday falls on an eligible employee's (as defined in Section 14) regularly
scheduled day of work and the employee works that day, they shall be paid two times (2x),
if they are a Regular Full or Part-Time employee, and one and one half times (x), if they
are a Casual Regular employee, their regular straight-time rate of pay for all hours worked
in that day.
3. When a holiday falls on an eligible employee's (as defined in Section 14) regular day
of rest, and they do not work, they shall receive a holiday premium of eight (8) hours' pay
at their straight-time rate of pay including any shift premium and/or lead pay.
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4. In the event a holiday falls on an eligible employee's (as defined in Section 14)
regular day off, and the employee is required to work, they shall be paid at two times (2x)
their rate of pay for all hours worked.
SECTION 32.
DRUG AND ALCOHOL ABUSE POLICY
A. The Employer and the Union recognize that it must endeavor to provide safe and efficient
operations for the protection and benefit of the general public, its guests and its employees. As part
of its effort to achieve that goal, it must require that its work be performed by employees who do not
use illegal drugs or misuse alcohol as follows. In implementing this Drug and Alcohol policy, the
Employer and the Union encourage employees with a substance abuse problem to voluntarily come
forward and seek medical treatment, as it is the goal of this procedure to offer employees the
opportunity to seek treatment for substance abuse in order that they may avoid the necessity of
discipline by the Employer for illegal use/misuse of drugs and/or alcohol. Notwithstanding this
objective, the Employer retains the right to discipline employees who violate this policy, consistent
with the above stated goals. For purposes of this Agreement, the terms "drugs" or "drug tests" shall
include both drugs and alcohol, as appropriate.
B. Bargaining unit employees will be subject to drug testing under the following circumstances:
1. Drug tests for bargaining unit employees may be required where there is an objective
reasonable suspicion that an employee has an in-system presence of drugs on the job. For
purposes of this Agreement, the terms "employee" or "bargaining unit employee" includes
not only persons employed in positions covered by the collective bargaining agreement, but
also persons being recalled into such positions.
2. Drug tests for bargaining unit employees may be required as part of a post-mishap
investigation in cases where:
(a) The individual(s) subject to testing is directly linked to the mishap.
(b) The mishap resulted in death, injury requiring medical treatment other than
basic first aid, or property damage estimated to exceed $5,000.
(c) Testing associated with a mishap will take place as soon as possible,
under the circumstances.
3. In the event that any government agency duly concerned with Disneyland advises
the Employer that employees in specified classifications will be required to undergo job
certification physical examinations, including drug tests as a condition of future
employment, the Union shall be given immediate notice of any such requirement or proposed
requirement. Such testing shall be conducted in accordance with the procedures established
by this Agreement and shall not commence until the Union and the Employer have had a
reasonable opportunity to discuss the impact of the government directive.
C. An employee will not be tested under paragraph B-1 above unless their conduct or other
related circumstances provide an objective reasonable basis to believe that the employee may have
ingested drugs or alcohol and/or is suffering from impairment of some sort while on the job site.
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(An objective reasonable basis would include, but not be limited to, slurred speech, unsteady gait,
glazed eyes, dilated pupils, odor of alcohol, and/or erratic behavior.) Such observation will be
confirmed by another member of management wherever possible.
D. Any employee directed for testing shall be entitled to request the presence of a Union
representative in pre-test meetings with management. Provided a Union representative has been
requested, no specimen will be collected until the Union representative can discuss the matter with
management and/or the employee. The Union agrees that the procedures described in Paragraph C
and D shall not operate in a manner that will impede timely collection of a biological specimen.
Refusal to provide a biological specimen will result in immediate discharge without an opportunity
at a later date to reconsider/retract the refusal.
E. Any employee who tests negative to any drug test under this Agreement (other than random
tests as a follow-up to rehabilitation) shall be compensated for any scheduled hours lost, at the
appropriate wage rate. Hours lost under such circumstances shall be treated as time worked for
purposes of overtime premium eligibility.
F. Specimen collection for a drug test will be accomplished in a manner compatible with
employee dignity and privacy. Specimen collection shall be accomplished at the laboratory facilities
designated by the Employer. There will be no strip searches or opposite sex observation. In the
usual case, the Employer will not observe specimen production, but the Union agrees that specimen
production may be closely monitored in those cases where the Employer has an objective reason to
believe that the employee may attempt to contaminate a test specimen.
G. Test specimens shall be sent only to Laboratory facilities certified by an appropriate federal
or state agency. If a dispute should arise over the selection of drug test Laboratories, such dispute
shall be subject to the grievance and arbitration procedure. The Laboratory(s) selected must, upon
request, identify the drugs tested for, the methods used, the manufacturers of the test, the analytical
limits and levels used, the methods of reporting results and the chain of custody procedures used to
produce forensically acceptable test results. To be qualified under this section, the laboratory must
participate in a program of "blind proficiency" testing where they analyze samples sent by an
independent party. The laboratory(s) selected will make such results available to an authorized
representative of the Employer and the affected employee. At the employee's request, the Manager
of Labor Relations, will report test results to the Union Business Manager. All samples will be
tested twice. The first test may be a screening test, but positive screen test results may be confirmed
by the Gas Chromatography/Mass Spectrometry (GC/MS) or an equivalent scientifically accepted
method of confirmation. All final positive tests results will be reviewed by a toxicologist or a
physician prior to release and only confirmed results will be reported to the employer.
H. The standard drug test thresholds for positive screen and GC/MS confirmation tests shall be
the same as those called out in the Federal Register, and may be modified whenever changed by the
Department of Health and Human Services as advances in technology or other considerations
warrant identification of these substances at other concentrations.
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DRUG
Marijuana
Cocaine
Opiates
Amphetamines
Phencyclidine
In the event that the Employer elects to utilize tests other than the EMIT screen or the
GC/MS Confirmation, the Employer will give the Union written notice of the test methodology used
and the threshold levels employed. Positive thresholds for any other test methodologies will be
reviewed with the Union before they are applied. Any dispute over the acceptability of such
alternative test methodologies or the positive test threshold to be applied shall be resolved through
the grievance and arbitration procedure.
I. The laboratory shall preserve a sufficient aliquot specimen as to permit independent
confirmatory testing by the Union and follow-up re-testing at the request of the Union or the
employer. The laboratory shall endeavor to notify the employer and the Union of positive test
results within two (2) working days after receipt of the specimen. The Union or employee may
request a re-test within three (3) working days from notice of positive test result. Additionally, or as
an alternative, the Union may have the sample tested at a certified laboratory of its choice. Should
any test result be negative, the Employer and the Union may jointly select a third certified laboratory
and have the sample tested. The results of the various tests will be considered by the Employer in
determining the appropriate disciplinary action.
J. Initial tests and re-tests requested by the Employer will be paid by the Employer; costs of re-
tests for reconciliation will be split between the employee and the Company. In the event the
Employer test is proven to be a false positive, the employee shall be reimbursed for cost of test
procedures paid for by the employee.
K. The drug test laboratory and the specimen collection facility must: establish and maintain a
forensically acceptable chain of custody.
L. When required, alcohol testing will be conducted using breath samples although blood
samples may be required under exceptional circumstances. Blood samples will be taken at an
appropriate medical facility. Where employees are required under this policy to submit samples for
alcohol testing, the medical facility and laboratory will use the same or equivalent chain of custody
procedures and exercise the same or an equivalent level of professional care and scientifically
accepted standards and procedures in the collection and testing of samples for the presence of
alcohol as with urine samples for the presence of drugs. For the purposes of this policy, if a test
reveals the presence of alcohol at a level of .08% or more by weight, it shall be presumed that the
employee has violated this policy. If the test reveals the presence of alcohol in excess of .05% by
weight, but less than .08%, the results of the test will be considered along with all other relevant
information (e.g. employee conduct, speech, performance, etc.) in determining whether the
employee is in violation of this policy. If a test reveals the presence of alcohol of less than .05% by
weight, it shall be presumed that the employee is not under the influence of alcohol in violation of
this policy.
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M. Test results shall be communicated by the laboratory to the Employers medical officials or
Manager of Labor Relations. The Employer shall be responsible for maintaining confidentiality of
test records and test results will be communicated to job site management strictly on a "need to
know" basis. Employee drug test records shall not be released outside Health Services unless
required by administrative action initiated by the employee or the Union. The employee shall be
entitled to written notification of positive drug test results. Copies of such reports will be provided
to the Union when authorized by the affected employee.
N. When and if it becomes necessary to impose discipline for drug-related conduct or job
performance, discipline will be judged by the contractual just cause standard and will be subject to
the grievance/arbitration procedure. Except to the extent the employee(s) withholds consent as to
particular documents personal to them, the Employer agrees to provide the Union with whatever
documentation or information the Union reasonably requires to process the grievance and/or
arbitration. By establishing this drug policy, neither the Employer nor the Union waive any legal
rights. The parties agree that this drug policy shall not diminish the rights of individual employees
under state or federal law relating to drug testing.
O. The employer recognizes that employees have a right to privacy and that any adverse action
taken against an employee for off-duty conduct shall take into account the employee's right to
privacy, the impact of the employee's conduct on their job performance, and the Employer’s image
and reputation. Any disciplinary action for such drug-related conduct will be subject to the
grievance procedure with respect to any alleged off-duty related conduct. The Employer will
attempt to balance the employee's right to privacy in their off-duty time with other legitimate job-
related concerns in weighing the contractual propriety of disciplinary action.
P. At the determination of the Company, a random drug/alcohol testing program may be
implemented for certain positions within this Agreement. If such a decision is made, the Company
will meet with the Union to mutually agree to which positions will be subjected to such random
drug/alcohol testing. Such positions that are deemed to be subject to a random drug/alcohol testing
pool will include testing of the previously mentioned list of drugs in H above and tested at the same
levels as the Federal Register. The Company will provide thirty (30) days advance notice to Union
and employees before instituting the random drug/alcohol testing program.
If such employee whom is subject to the random drug/alcohol testing pool is subsequently
tested and has a positive drug result, such employee will be offered a one-time opportunity to be
referred to the Company’s Employee Assistance Program (EAP) for rehabilitation. Said employee
shall be placed on a leave of absence [not to exceed the time limits as outlined in Section 17 (Leave
of Absence)] until their rehabilitation program is completed or until they provide medical
documentation that their presence on the job will not jeopardize their own health and safety, or
the health and safety of others. They may be subject to further testing for up to one year, in addition
to being placed back in the random drug pool. Should said employee test positive in a future
drug/alcohol test subsequent to such return to work, said employee will be terminated.
If any employee refuses to participate in the random drug/alcohol program or refuses to
submit to a requested test as outlined above, such employee shall be terminated.
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Q. Any employee who voluntarily comes forward and/or admits to the use of drugs will not be
subject to discipline, but will be referred to the Employer’s Employee Assistance Program (EAP)
for rehabilitation. Said employee shall be placed on a leave of absence [not to exceed the time
limits as outlined in Section 17 (Leave of Absence)] until their rehabilitation program is completed
or until they provide medical documentation that their presence on the job will not jeopardize
their own health and safety, or the health and safety of others.
SECTION 33.
WORKDAY AND WORKWEEK
A. Scheduling and Definition
1. As a matter of general practice, employee work schedules will be posted
electronically by Sunday preceding the effective date of the new work schedule. The
Employer shall send a time and date stamped copy (in .pdf format) of work
schedules to the representative affiliates. Upon request by an employee, the
Employer shall print the employees individual schedule. It shall be the
responsibility of each employee to check their schedule. There shall be no split shifts and
all time worked shall be continuous except for the meal periods.
2. For all Full-Time employees the regular workday shall be eight (8) hours and for all
employees the regular workweek shall be from 12:00 a.m. (midnight) on Sunday through
11:59 p.m. the following Saturday.
The regular workweek may be changed by the Employer upon the giving of two (2) weeks
notice to the Union.
3. All time worked over eight (8) hours in any one (1) day or forty (40) hours in any
one (1) workweek shall be compensated for at the rate of one and one-half (1½) times the
employee's regular straight-time classification rate, including any applicable premium rate,
subject to the modification outlined in paragraph 4 of this subsection. All time worked over
twelve (12) consecutive hours in any one (1) day shall be compensated for at the rate of two
(2) times the employee's regular straight-time classification rate, including any applicable
premium rate.
4. Each Full-Time employee shall be assigned two (2) consecutive days off. However,
the Employer may grant two (2) non-consecutive days off to an employee who requests such
a schedule. Any Full-Time employee who works five (5) straight-time days in the
workweek and who is off work on the first (1st) of their two (2) days off but is required to
work on the second (2nd) of their two (2) days off in that workweek shall receive double
time (2x) pay for that day. Regular Part-Time employees who are temporarily assigned
to work a regular Full-Time schedule will also be eligible for this benefit.
5. All employees who work on each of seven (7) consecutive days in the workweek at
the Employer's request will be paid for the seventh (7th) day at the rate of twice (2x) their
regular rate even if their total time is less than forty (40) hours.
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6. Casual Regular employees not eligible to accrue vacation may request unpaid
time off to be considered for approval after Pre-approved vacation requests have been
considered as stated in Section 13., II. E.2. After the posting period, consideration will be
given first to requests that were submitted during the Pre- approved period and not
approved, followed by those requests submitted within the same week by week-ending
date. When multiple requests for the same time period are submitted in the same week,
paid time off will be granted before unpaid time
off. Such requests will be considered in
advance of the schedule.
B. The Payroll week will be Sunday through Saturday. When the Employer has at least thirty
(30) days notice of a change in payroll weeks, it will provide the Union with thirty (30) days notice.
If the Employer has less than thirty (30) days notice, it will provide the Union with as much notice
as it has.
The Employer will use its best efforts to avoid scheduling any employee to work more
than seven (7) consecutive days in any combination of workweeks unless requested to do so by
the employee.
In the event the Employer’s need for employees necessitates scheduling an employee(s)
for more than seven (7) consecutive days in any combination of workweeks, the Employer will
attempt to alter such schedule for any employee(s) who so requests. In making their revised
schedule, the Employer will attempt to approximate an equivalent number of hours.
C. After the schedule has been posted, the Employer will endeavor to provide as much
notice as practical of a change in the employee’s schedule, including overtime.
Once the Employer has posted a schedule and deems it necessary to switch an
employee’s shift to another day, and/or switch their days off, the Employer will first contact
the employee(s) affected by the move of the shift and confirm they are available for the new
shift. This provision will not apply when an entire schedule, or significant portion thereof,
is reposted due to unforeseeable circumstance.
D. Pyramiding Premiums:
1. When two (2) or more premium or penalty rates apply to the same hour of work, the
higher will be paid, and there will be no pyramiding of any premium or penalty rates, except
as indicated below in number 2.
2. Working Lead, General Lead, or a Trainer will receive both the highest skill
and ability premium and the Working Lead, General Lead, or Trainer premium
when the requirements of 2(a) and 2(b) are met.
a. When an employee receiving Working Lead, General Lead, or Trainer premium
possesses the job knowledge to perform the function; and
b. When an employee receiving Working Lead, General Lead, or Trainer premium
is leading or training employees receiving a specific skill and ability premium.
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c. No employee will receive more than two (2) premiums at any given time.
E. Each employee shall receive a fifteen (15) minute rest period in each half of each employee's
work shift. Such rest periods shall be as close to the midpoint of the half shift as is practicable. The
actual schedule of the rest periods shall be determined by the Employer. An additional rest period
will be scheduled for every two (2) hours worked, or major fraction thereof, beyond eight (8) hours.
F. All Regular employees who are to be laid off shall be given five (5) days' advance notice of
such layoff.
G. In the event an employee incurs a serious occupational illness or injury and Health Services
excuses the employee from further work on that day, they shall be paid the unworked balance of
their regular scheduled shift.
H. Each employee employed under the terms of this agreement will be relieved of all duties
and released twenty (20) minutes prior and shall be paid to the end of their assigned shift. This
paid early departure time is to compensate employees for all pre-shift or post-shift work-related
activities which might occur.
I. Employees required to stay beyond their scheduled shift due to a “slow close” (“slow
close” is defined as a situation where the operating hours of Disneyland Park are informally
extended by management) are to be notified at least two (2) hours in advance of the end of their
shift that they will be required to work a “slow close. Employees not so notified shall not be
required to work beyond their scheduled shift. Employees required to work beyond the end of
their scheduled shift for all other reasons will be given as much notice as possible.
Employees required to stay beyond their scheduled shifts for reasons other than a “slow
close” are to be notified at least one (1) hour in advance of the end of their scheduled shift, when
management is aware at least one and one half (1 ½) hours prior to the end of the employee’s
shift that the shift is going to be extended. When management is aware at least one and one half
(1 ½) hours prior to the end of the employee’s shift that the shift is going to be extended, and one
hour advance notice is not given, the employee shall be paid at one and one half (1 ½) times the
employee’s regular straight time rate of pay for all extended hours under eight (8) hours and two
(2) times the employee’s regular straight time rate of pay for over eight (8) hours.
J. Meal periods will be provided in accordance with applicable CA Labor Code. Where
applicable, the meal period may be waived by written mutual consent of both the employee and the
Employer.
An employee may request that the above referenced meal period be from one-half (½) hour
to one (1) hour in duration with the final determination to be made by the Employer.
K. The Employer will provide adequate paid time for those employees who are required to
verify, before leaving the Currency Services office, the amount of cash and admission media given
to them. The Employer will also provide adequate paid time for those employees who are required
to drop off cash at the Currency Services office at the end of their shift.
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L. The Unions party to this Agreement agree to cooperate fully with the Employer to assist the
Employer in meeting its obligations as imposed by the S.C.A.Q.M.D. (So. Calif. Air Quality
Management District), and agrees to consider the implementation of suggested methods which
would enable the Employer to meet such obligations.
M. When the Employer requests the appearance of an employee in a legal proceeding, the
employee shall receive straight-time pay for time spent in such proceeding (not to include travel
time). Payment under this provision shall not be counted as time worked under this Agreement.
N. Employees required to park at a designated parking lot where the Employer provides a
“shuttle” service to transfer employees from the designated parking lot to the work place, shall
not be held responsible for any tardies that occur as a result of the “shuttle” service having a
mechanical breakdown, malfunction, becoming nonoperational due to driver negligence, or other
reasons beyond the control of the employees after boarding the “shuttle.”
O. The Employer agrees to implement in this Agreement any Paid Travel Time for Off-site
Parking that may be negotiated with any other collective bargaining Agreement at the
Disneyland Resort, in the same manner and on the same date that it becomes effective in any
other said Agreements.
SECTION 34.
ATTENDANCE POLICY
Employees must report to work for each scheduled shift, be on time and remain for the full shift.
Absenteeism and tardiness may subject the employee to disciplinary action in accordance with the
Disneyland Resort attendance policy. The Employer will notify the Union and, upon request, meet
and confer in good faith and will give due consideration to the Union’s expression of concerns and
suggestions for any change to the attendance policy at least sixty (60) days prior to implementation,
and, if requested, will bargain with the Union over the impacts of such changes. Any such effects
bargaining, however, shall not alter or limit the Employer’s right to implement the policy change
sixty (60) days after the notice to the Union.
Absences due to work-related injuries, FMLA and/or CFRA leave, paid sick time,
authorized early release from shifts, and approved leave of absence (where the Employer is given
reasonable advanced notice), shall not result in discipline. Attendance discipline will not be
considered as a basis for other disciplinary action after twelve (12) months from the date of issue.
SECTION 35.
GROUP CLASSIFICATIONS
A. It is recognized that the total number of hours of work in a workweek are divided into two (2)
Group Classifications.
Regular Full-Time Regularly scheduled to work a minimum of thirty (30) hours per week up to forty
(40) hours per week. Such hours shall be worked in five (5) days of the
workweek or four (4) days of the workweek when assigned to a four (4) day, ten
(10) hour per day workweek, as determined by the Employer.
53
Casual Regular Regularly scheduled to work less than thirty (30) hours* per week, subject to
need and availability.
*A Casual Regular employee may work in excess of thirty (30) hours per week and still
maintain the Casual Regular status provided that the employee is not regularly scheduled to work
five (5) days in the workweek.
The above defines the classifications of work, but is not a guarantee of hours, except as
outlined in the Job Classifications Memorandum of Understanding. Employees will be
scheduled in accordance with Section 20, A.1. and A.2. above.
SECTION 36.
PREMIUMS
A. 1. Any shift which begins at or after 7:00 p.m. and before 10:00 p.m. will be paid a
shift premium of fifteen cents (15¢) per hour in addition to the regular straight-time rate.
2. Any shift which begins at or after 10:00 p.m. and before 5:00 a.m. will be paid a
shift premium of seventy-five (75¢) cents per hour in addition to the regular straight-time
rate.
3. An employee who is contacted by the Employer after completing a work shift and
is required to report for work for their next scheduled shift the following day at a time
prior to the original scheduled start time, and that original start time would have resulted
in a shift premium, shall still be entitled to the shift premium for the hours worked during
that shift.
B. 1. Employees assigned the responsibility of directly leading other employees
shall receive a Working Lead premium of o n e d o l l a r a n d s e v e n t y
f i v e ( $ 1 . 7 5 ) cents per hour, in addition to their individual statused base rate of
pay, and employees assigned as General Leads shall receive two dollars ($2.00) per hour,
in addition to their individual statused base rate of pay.
Working Leads are not supervisors or managers, and have no authority to make
personnel decisions such as hiring, terminations, transfers, promotions or disciplinary
action.
2. Employees assigned to other significant duties and responsibilities above and
beyond those assigned to employees working in the same location(s) that do not include
the responsibility of directly leading other employees, shall receive a Support premium of
one dollar and seventy five ($1.75) cents per hour.
3. Employees shall receive Lead or Support premiums only if they are in fact
assigned by the Employer to perform these duties and nothing in this Agreement
nor any past practice shall require the Employer to assign any minimum number of
employees to perform Lead or Support duties nor preclude the Employer from
performing supervisory or administrative duties with management personnel that
54
previously and or currently is being performed by Leads. General Lead is defined as
a lead person assigned to duties which include being in charge of one or more
Working Leads.
4. Employees assigned as “Schedulers,” shall receive one dollar and seventy five
($1.75) cents per hour in addition to their individual statused base rate of pay. Employees
shall receive the Scheduler premium only if they are in fact assigned by the Employer
to perform Scheduler duties.
C. Employees assigned to perform special work service in the stroller or wheelchair shop to
receive fifty (50¢) cents per hour for all hours or fraction thereof worked, in one hour increments,
in addition to their regular straight-time hourly rate of pay. (See Premium Schedule below).
D. Employees selected and assigned by the Employer to act as Trainers shall receive a
premium of one dollar and seventy five ($1.75) cents per hour in addition to their individual
statused base rate, to be paid in one (1) hour increments. Employees assigned as Trainers, that
are receiving a Lead or Support premium, shall not also be eligible for the Trainer premium. Also,
Working Leads that are leading Trainers or Support, shall not receive the Trainer o r S u p p o r t
Premium in addition to the Lead Premium.
E. The premium rates listed below shall also be paid for all hours or fraction thereof worked,
in one hour increments, as follows:
PREMIUM AMOUNT
*Merchandise Assigned to Candle/Hat Decorator/ 25¢
Leather Writing/Embroidery Writing
*Silhouette Paster 25¢
*Merchandise Assigned to Stock Duties 50¢
*Merchandise assigned to Stroller Repairs 50¢
*Merchandise assigned to Watch Assembler 65¢
*Merchandise or Candy Maker assigned to Inventory Control Specialist (ICS) $1.50
*Merchandise assigned to Visual Specialist $1.25
*Merchandise assigned to Mail Order $1.00
*Attractions Assigned to Motor Vehicle 75¢
Driver Parking Lot Trams/Parking Lot Vans/Backstage Trams/Flyover
*Attractions Assigned to Keel Boats/Motor Vehicle
Driver Main Street Vehicles 20¢
*Attractions assigned to Premium Designated Attraction 40¢
Grizzly River Run, Incredicoaster, Goofy’s Sky School, Guardians of the
Galaxy Mission: BREAKOUT, Indiana Jones™ Adventure, Big Thunder
Mountain Railroad, Matterhorn Bobsleds, Space Mountain, Radiator Springs
Racers, Rafts (including shuttle and river driver), Monorail, Red Car Trolley,
Main Street Vehicles
*Livestock Driver 60¢
*Harness Maker $1.25
55
*Equine Trainer $1.25
*Shipping/Receiving assigned to DC Equipment Specialist $1.25
*Shipping/Receiving assigned to Property Control Specialist $1.25
*Custodial Assigned to Restrooms $1.00
(paid only during normal Park Operating hours when the Park is open to
guests)
*Custodial Assigned to Recycle Sorters 75¢
(paid only during normal Park Operating hours when the Park is open to
guests)
*Custodial Assigned to Space Mountain Roof Cleaning 50¢
(applies only to employees tied off on roof)
*Vacation Planner 20¢
*Candy Cane Maker 25¢
F. Employees training as a Working Lead, Trainer, Scheduler, etc. (any position receiving a
premium for additional responsibilities) shall not be eligible to receive the premium in question,
until assigned to perform such responsibilities in full.
SECTION 37.
INDIVIDUAL
LEGAL
RIGHTS
The Employer and the Union have a mutual interest in retaining trained employees. To
this end, if the employment of a non-probationary Regular employee is terminated solely because
of the employee's loss of United States employment eligibility, such termination shall not in and
of itself bar reinstatement of such employee's employment status provided that, within one
hundred eighty (180) days of such termination, such employee presents to the Employer
acceptable evidence of current United States employment eligibility or documentation of lawful
change of name, Social Security number, and/or employment authorization document. Any such
reinstatement shall include restoration of the seniority status accrued by such employee as
of the date of termination; under no circumstances will seniority and benefits accrue or be
deemed to have accrued during the period of termination.
For placement purposes, any employee whose employment status is reinstated under this
provision will be placed in any classification, status or unit as would have occurred if the
employee had been continually employed, less all seniority time which would otherwise have
accrued during the period of termination; under no circumstances shall such employee have
rights greater than they would have had if their employment had not been interrupted.
56
The Employer agrees to provide to the Union a copy of the written notification to an
employee that their United States employment eligibility must be re-verified pursuant to applicable
law or regulations, on or about the date the written notification is sent to the employee. An
employee receiving such written notification may request the Employer to confirm in writing the
contents of this provision in a letter to whom it may concern. Notwithstanding the foregoing, the
failure of the Employer to provide such written notification and/or written confirmation shall not,
under any circumstances, be a basis to rescind the termination of any individual's employment or
to require the Employer to reinstate any individual's employment status.
SECTION 38.
JOB CLASSIFICATIONS AND WAGE RATE SCHEDULES
A. The job classifications titles listed in this Section of the Agreement shall define the general
areas of responsibility for employees working in those classifications, but shall not limit the
Employer from continuing to make more specific assignments of duties to those classifications.
B. The minimum starting rate shall be as set forth herein, but no less than State or Federal
minimum wage, whichever is applicable.
C. Flexibility of Job Classifications
1. The Employer will hire and status each employee in the appropriate job
classification listed in Section 38, in accordance with Section 3 - Union Security and Section
4 - Notices. The Employer shall then have the ability to assign, or direct employees to
various job assignments or work locations within any other job classification title listed in
Section 38 of this Agreement, however, no employee shall be assigned to a job classification
or work assignment as a means of discipline or punishment, and assignment to job
classifications or locations shall be made only where the employee is qualified to do the
assigned work in a safe manner.
2. Any employee who requests additional training for such temporary assignment shall
be given adequate training as necessary.
3. An employee assigned to a higher classification of work shall receive the rate
applicable to the higher classification for the hours during which they performed work in
the higher classification.
57
4. Job Classification Flexibility
Group 1
Group 2
Attractions
Custodial
Candy Maker
Custodial Marine
Children’s Matron
Custodial Windows
Day Custodial
Messenger
Main Entrance Receptionist
Merchandise
Merchandise Markers
Shipping/Receiving
Truck Driver
- Distribution Services
- Bobtail
- Semi
Vacation Planner
Valet Runner
Costume Entertainment
Costume Operations
Group 3
Group 4
Milliner
Stable Attendant
Seamstress Fitter
Sewing Machine
Costume Entertainment
Costume Laundry
Costume Laundry Att.
Costume Operations
Costume Specialist
5. See Section 20. (Seniority), Subsection E. regarding the Interchangeability of
Cast Members between Disneyland Park and Disney California Adventure.
58
D. Wage Rates
Effective 06/16/2021
All current Regular employees will receive a $1.00 individual increase.
Effective 11/17/2021
All current Regular employees will receive a $1.00 individual increase.
Effective 06/16/2023
All current Regular employees will receive a $1.00 individual increase.
*Excluded are all Tipped employees.
**Effective date of June 16, 2021 is contingent on an executed Memorandum of
Understanding remaining in effect and extending the contract through ratification.
***If the increase would take the employee above the Max Rate, any balance of the
increase over the Max Rate will be paid by taking the balance of the outlined common
date increase and multiply it by 2,080 hours for Regular Full Time employees and
1,040 hours for Regular Part Time employees.
59
60
SCHEDULE A
Disneyland Resort
Master Services Wage Rates
Classification
Effective 6/16/2021
Effective 11/17/2021
Effective 6/16/2023
Start
Max
Start
Max
Start
Max
Attractions
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Candy Maker
$17.35
$29.25
$18.35
$30.25
$19.35
$31.25
Children's Matron
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Costume Entertainment
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Costume Operations
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Costume Laundry Att
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Costume Dresser Advanced
$16.75
$29.72
$17.75
$30.72
$18.75
$31.72
Costume Specialist
$17.00
$28.97
$18.00
$29.97
$19.00
$30.97
Costume Support Asst I
$17.00
$28.97
$18.00
$29.97
$19.00
$30.97
Costume Support Asst II
$19.30
$31.43
$20.30
$32.43
$21.30
$33.43
Costumer Asst
$17.30
$29.25
$18.30
$30.25
$19.30
$31.25
Crush/Academy Artist
$17.85
$29.79
$18.85
$30.79
$19.85
$31.79
Custodial
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Custodial 3rd Shift
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Custodial Marine
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Custodial Windows
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Main Entrance Receptionist
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Merchandise
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Merchandise Marker
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Messenger
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Milliner
$16.80
$28.70
$17.80
$29.70
$18.80
$30.70
Seamstress-Fitter
$16.30
$28.15
$17.30
$29.15
$18.30
$30.15
Seamstress-Fitter II
$16.80
$28.70
$17.80
$29.70
$18.80
$30.70
Sewing Machine
$16.30
$28.15
$17.30
$29.15
$18.30
$30.15
Shipping/Receiving
$18.05
$29.79
$19.05
$30.79
$20.05
$31.79
Stable Attendant
$16.30
$28.21
$17.30
$29.21
$18.30
$30.21
Sublimation I
$20.30
$32.43
$21.30
$33.43
$22.30
$34.43
Sublimation II
$20.80
$32.93
$21.80
$33.93
$22.80
$34.93
Truck Driver - Bobtail
(1)
$22.05
$34.16
$23.05
$35.16
$24.05
$36.16
Truck Driver - Dist Services
$17.80
$29.79
$18.80
$30.79
$19.80
$31.79
Truck Driver - Semi
(2)
$27.05
$36.90
$28.05
$37.90
$29.05
$38.90
Vacation Planner
$16.00
$27.88
$17.00
$28.88
$18.00
$29.88
Valet Runner
(3)
$14.00
NA
$15.00
NA
$15.00
NA
(1) Rate applies only when driving Company vehicle off property (Class A Driver’s license required).
(2) Rate applies only when driving Company vehicle off property.
(3) This role is currently paid California minimum wage and will be adjusted based on any future changes in the
state of California or Federal minimum wage law.
Casual Temporary (CT) employees will be paid the effective start rate.
Rates may be increased periodically by the Employer to meet hiring necessities. Additional inducements or
incentives to meet hiring or retention needs may be implemented by the Company with notification to the Union.
61
62
63
64
65
66
67
68
69
70
71
72
Section Index
SECTION 1. -
INTENT OF THE PARTIES-----------------------------------------------------
Page
1
SECTION 2. -
RECOGNITION-------------------------------------------------------------------
2
SECTION 3. -
UNION SECURITY---------------------------------------------------------------
2
SECTION 4. -
NOTICES---------------------------------------------------------------------------
3
SECTION 5. -
ACCESS TO UNION REPRESENTATIVES/BULLETIN BOARDS----
3
SECTION 6. -
WORK STOPPAGES AND LOCKOUTS-------------------------------------
3
SECTION 7. -
GRIEVANCE & ARBITRATION PROCEDURES--------------------------
4
SECTION 8. -
NEW CLASSIFICATIONS------------------------------------------------------
7
SECTION 9. -
PROBATIONARY PERIOD-----------------------------------------------------
8
SECTION 10. -
WAGE RATES AND WORKING CONDITIONS, SAFETY AND
WELLNESS--------------------------------------------------------------------------------
9
SECTION 11. -
UNIFORMS/COSTUMES--------------------------------------------------------
10
SECTION 12. -
HEALTH AND WELFARE, DENTAL & VISION PLANS----------------
11
SECTION 13. -
VACATIONS-----------------------------------------------------------------------
11
SECTION 14. -
HOLIDAYS-------------------------------------------------------------------------
18
SECTION 15. -
PAY DAY---------------------------------------------------------------------------
21
SECTION 16. -
REPORT PAY---------------------------------------------------------------------
22
SECTION 17. -
LEAVES OF ABSENCE---------------------------------------------------------
23
SECTION 18. -
RETIREMENT PLAN------------------------------------------------------------
24
SECTION 19. -
JURY SERVICE-------------------------------------------------------------------
30
SECTION 20. -
SENIORITY------------------------------------------------------------------------
30
SECTION 21. -
SHOP STEWARD-----------------------------------------------------------------
38
SECTION 22. -
WAIVER----------------------------------------------------------------------------
39
SECTION 23. -
DURATION------------------------------------------------------------------------
39
SECTION 24. -
GENERAL SAVINGS CLAUSE------------------------------------------------
40
SECTION 25. -
QUALIFICATIONS---------------------------------------------------------------
40
SECTION 26. -
SICK LEAVE----------------------------------------------------------------------
40
SECTION 27. -
CHECKOFF------------------------------------------------------------------------
42
SECTION 28. -
MANAGEMENT’S RIGHTS----------------------------------------------------
42
73
SECTION 29. - SUBCONTRACTING-------------------------------------------------------------- 43
SECTION 30. - BEREAVEMENT LEAVE-------------------------------------------------------- 43
SECTION 31. - FOUR (4) DAY, TEN (10) HOUR PER DAY WORKWEEK---------------- 44
SECTION 32. - DRUG AND ALCOHOL ABUSE POLICY------------------------------------- 45
SECTION 33. - WORKDAY AND WORKWEEK------------------------------------------------ 49
SECTION 34. - ATTENDANCE POLICY--------------------------------------------------------- 52
SECTION 35. - GROUP CLASSIFICATIONS---------------------------------------------------- 52
SECTION 36. - PREMIUMS------------------------------------------------------------------------- 53
SECTION 37. - INDIVIDUAL LEGAL RIGHTS------------------------------------------------ 55
SECTION 38. - JOB CLASSIFICATIONS AND WAGE RATE SCHEDULES------------- 56
SIGNATURE SHEET------------------------------------------------------------- 59
SCHEDULE A - WAGE RATES ------------------------------------------------ 60
I
INDEX
ACCESS TO UNION REPRESENTATIVES/BULLETIN BOARDS------------------
Section
5
Page
3
BEREAVEMENT LEAVE---------------------------------------------------------------------
30
43
CHECKOFF--------------------------------------------------------------------------------------
Initiation Fee & Dues Deduction------------------------------------------------------
27
42
DRUG AND ALCOHOL ABUSE POLICY------------------------------------------------
32
45
DURATION-------------------------------------------------------------------------------------
23
39
FOUR (4) DAY, TEN (10) HOUR PER DAY WORKWEEK --------------------------
31
44
GENERAL SAVINGS CLAUSE-------------------------------------------------------------
24
40
GRIEVANCE & ARBITRATION PROCEDURES----------------------------------------
7
4
GROUP CLASSIFICATIONS-----------------------------------------------------------------
Hours of Work--------------------------------------------------------------------------
35
52
HEALTH AND WELFARE, DENTAL & VISION PLANS------------------------------
12
11
HOLIDAYS---------------------------------------------------------------------------------------
14
18
I. A. Full-Time Employee Holidays---------------------------------------------------
18
B. Full-Time Eligibility for a Holiday Not Worked-----------------------------
18
C. Full-Time Eligibility for a Holiday Worked----------------------------------
18
D. Additional Full-Time Holiday Provisions-------------------------------------
19
II. A. Casual Regular Employees - Holiday Premium for Hours Worked
19
B. Additional Holiday Premium Eligibility for Holiday Hours Worked
20
III. Other Applicable Full-Time and Casual Regular Holiday Provisions
20
IV. Casual Regular - Paid Days Off--------------------------------------------------
21
INDIVIDUAL LEGAL RIGHTS---------------------------------------------------------------
---------
37
55
INTENT OF PARTIES--------------------------------------------------------------------------
1
1
JOB CLASSIFICATIONS AND WAGE RATE SCHEDULES--------------------------
38
56
Flexibility of Job Classifications------------------------------------------------------
56
Job Classification Flexibility----------------------------------------------------------
57
Wage Rates------------------------------------------------------------------------------
58
JURY SERVICE---------------------------------------------------------------------------------
19
30
LEAVES OF ABSENCE-----------------------------------------------------------------------
17
23
MANAGEMENT’S RIGHTS------------------------------------------------------------------
28
42
NEW CLASSIFICATIONS--------------------------------------------------------------------
8
7
NOTICES-----------------------------------------------------------------------------------------
4
3
PAY DAY----------------------------------------------------------------------------------------
15
21
PREMIUMS--------------------------------------------------------------------------------------
36
53
A. Shifts---------------------------------------------------------------------------------
53
B. Pay Provisions for Working Leads, General Leads & Schedulers----------
53
C. Stroller Shop------------------------------------------------------------------------
54
D. Trainer Rates------------------------------------------------------------------------
54
E. Premium Rates---------------------------------------------------------------------
54
F. Working Lead, Trainer, Scheduler Premiums---------------------------------
55
PROBATIONARY PERIOD------------------------------------------------------------------
9
8
QUALIFICATIONS----------------------------------------------------------------------------
25
40
II
INDEX Section Page
RECOGNITION--------------------------------------------------------------------------------
Definition of the Bargaining Unit--------------------------------------------------
REPORT PAY----------------------------------------------------------------------------------
2
16
2
22
A. Regular Report Pay---------------------------------------------------------------
22
B. Call-Back Pay---------------------------------------------------------------------
22
C. Shift Scheduling------------------------------------------------------------------
23
RETIREMENT PLAN------------------------------------------------------------------------
18
24
Pension Benefit Schedule-------------------------------------------------------
27
Hourly 401 (k) Plan--------------------------------------------------------------
29
SCHEDULE A WAGE RATES-------------------------------------------------------------
60
SENIORITY------------------------------------------------------------------------------------
20
30
A. Application of Seniority Principles--------------------------------------------
30
B. Temporary Full-Time or Temporary Part-Time------------------------------
35
C. Conversion from Casual Temporary to Regular status----------------------
35
D. Seniority Scheduling of days off-----------------------------------------------
36
E. Interchangeability between Disneyland Park and Disney California
Adventure--------------------------------------------------------------------------
37
F. Disneyland Resort College Program-------------------------------------------
37
SHOP STEWARD-----------------------------------------------------------------------------
21
38
SICK LEAVE-----------------------------------------------------------------------------------
26
40
SIGNATURE SHEET-------------------------------------------------------------------------
59
SUBCONTRACTING-------------------------------------------------------------------------
29
43
UNIFORMS/COSTUMES--------------------------------------------------------------------
11
10
UNION SECURITY---------------------------------------------------------------------------
3
2
VACATIONS-----------------------------------------------------------------------------------
13
11
I. Eligibility---------------------------------------------------------------------------
11
II. Vacation Accrual by Calendar Year--------------------------------------------
12
WAGE RATES AND WORKING CONDITIONS, SAFETY AND WELLNESS
---------------------------
10
9
WAIVER----------------------------------------------------------------------------------------
22
39
WORK STOPPAGES AND LOCKOUTS-------------------------------------------------
6
3
A. No Strike No Lockout----------------------------------------------------------
3
B. Failure to Cross Picket Line Violation of Agreement---------------------
4
C. Union’s Responsibility to Prevent Work Stoppage, Strike or Disruptive
Activity-----------------------------------------------------------------------------
4
D. Disputes With Concessionaires-------------------------------------------------
4
WORKDAY AND WORKWEEK-----------------------------------------------------------
33
49
A. Scheduling and Definition-------------------------------------------------------
49
B. Payroll Week Defined------------------------------------------------------------
50
C. Day Off Change-------------------------------------------------------------------
50
D. Pyramiding Premiums------------------------------------------------------------
50
E. Rest Periods------------------------------------------------------------------------
51
F. Notice of Layoff-------------------------------------------------------------------
51
G. Occupational Illness or Injury---------------------------------------------------
51
H. Walking Wardrobe Time---------------------------------------------------------
51
III
INDEX Section Page
I. Slow Close------------------------------------------------------------------------- 33 51
J. Meal Period------------------------------------------------------------------------- 51
K. Paid Time for Cash & Media Counting----------------------------------------- 51
L. SCAQMD Requirements--------------------------------------------------------- 52
M. Legal Proceedings Appearance-------------------------------------------------- 52
N. Tardies as a Result of Shuttle Service------------------------------------------- 52
O. Offsite Parking--------------------------------------------------------------------- 52