Common use of RETROGRESSION Clause in Contracts

RETROGRESSION. (a) An employee who, in the service of the Company becomes incapacitated for his regular work may be placed on any job he can do without regard to the seniority provisions of this Agreement except that if his being placed in another job would cause displacement of another employee, the Company will not so displace another employee who has greater plant seniority. (b) Such employee's pay will be determined according to his years of service with the Company. If he has less than fifteen (15) years of service, his regular straight- time rate will be the maximum regular straight-time rate for the job classification in which he is placed. (c) If an employee has fifteen (15) or more years of service, he will receive the maximum regular straight-time rate for the job classification in which he is placed, plus a percentage of the difference between his former regular straight-time rate and such maximum for the new job classification. Such percentage will be twenty (20) percent for fifteen (15) years of service and increased by three and three-fourths (3-3/4) percent for each additional year of service, but not to exceed in total, seventy-six (76) percent of such difference. (d) If an employee with fifteen (15) or more years of service is retrogressed due to a disability resulting from an Occupational Illness or Injury occurring in the course of and arising out of his employment with this Company, he will receive the maximum regular straight-time rate for the job classification in which he is placed, plus a percentage of the difference between his former regular straight-time rate and such maximum for the new job classification. Such percentage will be twenty (20) percent for fifteen (15) years of service and increased five (5) percent for each additional year of service up to a maximum of one hundred (100) percent of such difference. (e) Such an employee will be provided the above opportunity only with full approval of the Company in respect to his ability to perform the job in question. (f) An employee who has been retrogressed under the provisions of this Section 11 shall retain his seniority in the classification from which he was so retrogressed for a maximum period of two (2) years, but not more than a period equal to his total continuous length of service within the department at the time of his retrogression. If he recovers from the disability during the period in which he has such retained seniority to the extent that he is considered by the Company to be qualified to perform the normal duties of the classification from which he was removed due to the disability, or to any interim classification, this will be done provided his retained seniority is sufficient to displace other employees who occupy the job to which he is being restored. The Company may require medical evidence of the extent of his recovery on which to base its consideration. (g) As long as such an employee is paid more than the maximum regular straight-time rate for the job classification in which he is placed, he shall receive only fifty (50) percent of any general wage increase which fifty (50) percent shall be calculated on his personal regular straight-time rate. (h) Where an employee was receiving an Alternate Straight-Time Rate immediately prior to his retrogression, his former regular straight-time rate of pay will be determined by reference to such Alternate Straight-Time Rate only in the event his new job is paid at an Alternate Straight-Time Rate.