By-LAws & constitution

EFFECTIVE MARCH 1, 2020 TO MARCH 31, 2024

26th Constitutional Convention

Approved September 22, 2020

Approved April 17, 2021 – Updated May 4, 2022

Executive Union business continuance – memorandum of understanding

This Memorandum of Understanding (“MOU”) is effective as of May 25, 2021 (“MOU Effective

Date”) by and between Transportation Workers Union, AFL-CIO (the “Union”) and Motivate,

LLC (“Company” or “Employer”) (together referred to as the “parties”), and constitutes an

amendment to the Collective Bargaining Agreement effective March 1, 2020 to March 31, 2024

(“CBA”), to the extent provided herein.


In consideration for the mutual covenants contained herein, the Union and Company agree as

follows:


  1. Union-paid Union representation release for the Local 320 President and Local 320 Secretary-

Treasurer (“Officers”) shall be coded as EUBC (Executive Union Business Continuance). The

Officers shall be relieved from their regular work duties and for a predetermined period to handle

Union-related matters with unit employees and/or the Employer. The Union will notify the

Employer in writing of the name of the Officers. Based on current membership density it is agreed

that EUBC be available to the:

• President - up to 20 hours per week

• Secretary-Treasurer - up to 10 hours per week

Eastern Regional Representative - up to 10 hours per week


2. Scheduling of EUBC shall be coordinated between the Officers and their respective local

management team to minimize disruption to scheduled work/service and maximize opportunity

for cooperative labor relations. Preference is that EUBC should follow a regular weekly schedule

to minimize operational disruption and ensure proper service coverage. Should there be variations

to the regular weekly schedule (e.g. change in day/time of EUBC) the Officers must notify

management at least two (2) weeks in advance.


3. If the Officers believe hours in excess of those outlined above, but less than five (5) days, is

necessary, it should be requested as Short Term Union Leave under Article 8 § 7 of the Collective

Bargaining Agreement. If additional time beyond five (5) days is necessary, it should be requested

as Extended Union Leave under Article 8 § 8 of the Collective Bargaining Agreement.


4. The Officers shall be granted the release time without discrimination or loss of seniority rights,

without pay, and without loss of accrual of Sick Time or PTO


5. The Employer shall invoice the Union on a monthly basis for the cost of all EUBC release hours.

This shall include the Officer’s hourly rate, and an agreed upon premium rate of 25% of each dollar

spent by the Employer to cover Employer paid taxes and fringe benefits paid by the Employer. At

the end of each quarter, the Employer’s People Operations team will calculate the actual amount

spent above the Officer’s hourly rate, and either invoice the Union for any additional cost, or issue

a credit to the Union for any amount paid above the actual cost.


6. Two weeks notice must be given to the Employer before an Officer chooses to waive the release

for a particular day and work said day directly for the Employer. Motivate will make every

reasonable effort to accommodate this type of request.