Common use of Discipline On Standards Clause in Contracts

Discipline On Standards. In Arbitration Board Case No. 1664 the Impartial Chairperson said that "the mere presence of proof of failure to meet a rate of production requires the Chairperson to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (4.1)) it is established that the fault did not lie with the employee." Nevertheless, the undersigned agree that the provisions of Section (44) (c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Arbitration Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Letter (4.2), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Arbitration Board or the Chairperson to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Arbitration Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (1.2) reserves to the Company, including the right to establish and maintain work standards or rates of production and to discipline employees. (c99) (4.1) Work Standards (a) Establishing Work Standards 1. When the Company establishes work standards, by whatever method it may select, it shall do so on the basis of fairness and equity in that such standard shall be based on the reasonable working capacities of normal experienced employees working at a normal pace to produce quality work in the manner that the Company prescribes. 2. When a work standard is established and is not disputed, or is disputed and settled, such standard shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. When a change is made in a work standard for any of the above reasons, only the elements of the operations that are affected by such change will be adjusted. Job assignment changes shall be made on the day shift with advance notice given to the Union regarding changing standards. For the purposes of clarifying and resolving issues pertaining to job assignment changes, implementation of elemental moves will commence no later than the lunch period. This does not preclude the Company from reviewing operators at any time throughout the year. The Company agrees it is desirable to establish work standards on a new operation as early as is feasible. Where a standard is not established, the Union Official, upon request, will be given management's reasons for not establishing the standard. When a standard is not established, an employee, who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. When imposing discipline for failure to follow a prescribed method or for failure to use the tools provided in a proper manner, an employee will be informed in writing in what respect the employee failed to follow the method or use the tools. Upon request, the Union Official will also be given the reason. 3. When a work study is to be made for the purpose of establishing a standard, advance notice will be given to any normal experienced employee to be studied and to the employee's Union Official. When a work standard is established, notice will be given to the employee and to said Union Official advising them of the established work standard. When a study is made for purposes other than establishing a standard, the purpose of the study will be made known to a Union representative. 4. Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a work standard are known as non-standard conditions. When such non-standard conditions exist and are brought to the attention of management, the employee concerned shall be advised of the rate of production at which said employee will be required to perform the job under such non- standard conditions.

Discipline On Standards. In Arbitration Board Case No. 1664 the Impartial Chairperson said that "the mere presence of proof of failure to meet a rate of production requires the Chairperson to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (4.1)) it is established that the fault did not lie with the employee." Nevertheless, the undersigned agree that the provisions of Section (44) (c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Arbitration Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Letter (4.2), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Arbitration Board or the Chairperson to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Arbitration Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (1.2) reserves to the Company, including the right to establish and maintain work standards or rates of production and to discipline employees. (c99)) * (4.1) Work Standards (a) Establishing Work Standards 1. When the Company establishes work standards, by whatever method it may select, it shall do so on the basis of fairness and equity in that such standard shall be based on the reasonable working capacities of normal experienced employees working at a normal pace to produce quality work in the manner that the Company prescribes. 2. When a work standard is established and is not disputed, or is disputed and settled, such standard shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. When a change is made in a work standard for any of the above reasons, only the elements of the operations that are affected by such change will be adjusted. Job assignment changes shall be made on the day shift with advance notice given to the Union regarding changing standards. For the purposes of clarifying and resolving issues pertaining to job assignment changes, implementation of elemental moves will commence no later than the lunch period. This does not preclude the Company from reviewing operators at any time throughout the year. The Company agrees it is desirable to establish work standards on a new operation as early as is feasible. Where a standard is not established, the Union Official, upon request, will be given management's reasons for not establishing the standard. When a standard is not established, an employee, who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. When imposing discipline for failure to follow a prescribed method or for failure to use the tools provided in a proper manner, an employee will be informed in writing in what respect the employee failed to follow the method or use the tools. Upon request, the Union Official will also be given the reason. 3. When a work study is to be made for the purpose of establishing a standard, advance notice will be given to any normal experienced employee to be studied and to the employee's Union Official. When a work standard is established, notice will be given to the employee and to said Union Official advising them of the established work standard. When a study is made for purposes other than establishing a standard, the purpose of the study will be made known to a Union representative. 4. Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a work standard are known as non-standard conditions. When such non-standard conditions exist and are brought to the attention of management, the employee concerned shall be advised of the rate of production at which said employee will be required to perform the job under such non- standard conditions.

Discipline On Standards. In Arbitration Appeal Board Case No. 1664 the Impartial Chairperson Chairman said that "the mere presence of proof of failure to meet a rate of production requires the Chairperson Chairman to approve the propriety of discipline unless, by some means other than a showing of non-compliance with Sections (46)-(48) (now Section (4.1)) it is established that the fault did not lie with the employee." Nevertheless, the undersigned agree that the provisions of Section (44) (c) of the National Production and Maintenance Agreement dated November 2, 1961, give the Arbitration Appeal Board power and authority to determine the propriety of the penalty imposed by management in disciplinary discharges and layoffs for violation of Letter (4.2), Work Standards, of said Agreement, and that the mere presence of proof of an employee's failure to meet a disputed work standard does not require the Arbitration Appeal Board or the Chairperson Chairman to approve the propriety of the discipline assessed to an employee. The disposition of any such case shall be on the merits but shall not involve the propriety of any disputed work standard or work load assignment performed by the grievant or grievants. In any such determination, the Arbitration Appeal Board will take into consideration any relevant facts occurring prior and subsequent to the time the penalty in question was imposed. This letter shall not be construed to limit or otherwise impair any right Section (1.2) reserves to the CompanyCorporation, including the right to establish and maintain work standards or rates of production and to discipline employees. (c99) (4.1) Work Standards (a) Establishing Work Standards 1. When the Company Corporation establishes work standards, by whatever method it may select, it shall do so on the basis of fairness and equity in that such standard standards shall be based on the reasonable working capacities of normal experienced employees working at a normal pace to produce quality work in the manner that the Company prescribes. 2. When a work standard is established and is not disputed, or is disputed and settled, such standard shall remain unchanged and not subject to dispute unless and until the operation is changed as a result of change in method, layout, tools, equipment, materials or product design. When a change is made in a work standard for any of the above reasons, only the elements of the operations that are affected by such change will be adjusted. Job assignment changes shall be made on the day shift with advance notice given to the Union regarding changing standards. For the purposes of clarifying and resolving issues pertaining to job assignment changes, implementation of elemental moves will commence no later than the lunch period. This does not preclude the Company from reviewing operators at any time throughout the year. The Company Corporation agrees it is desirable to establish work standards on a new operation as early as is feasible. Where a standard is not established, the Union OfficialXxxxxxx, upon request, will be given management's reasons for not establishing the standard. When a standard is not established, an employee, who is following the prescribed method and using the tools provided in the proper manner and performing at a normal pace, will not be disciplined for failure to obtain an expected amount of production. When imposing discipline for failure to follow a prescribed method or for failure to use the tools provided in a proper manner, an employee will be informed in writing in what respect the employee failed to follow the method or use the tools. Upon request, the Union Official Xxxxxxx will also be given the reason. 3. When a work study is to be made for the purpose of establishing a standard, advance notice will be given to any normal experienced employee to be studied and to the employee's Union OfficialXxxxxxx. When a work standard is established, notice will be given to the employee and to said Union Official Xxxxxxx advising them of the established work standard. When a study is made for purposes other than establishing a standard, the purpose of the study will be made known to a Union representative. 4. Circumstances affecting the time of performance of a particular job that were not taken into account in establishing a work standard are known as non-non- standard conditions. When such non-standard conditions exist and are brought to the attention of management, the employee concerned shall be advised of the rate of production at which said employee will be required to perform the job under such non- non-standard conditions.