Exhibit 10.31
AGREEMENT
BETWEEN
Maverick Tube Corporation
Ferndale Plant
and the
UNITED STEELWORKERS
OF AMERICA
PRODUCTION AND MAINTENANCE EMPLOYEES
LOCAL UNION 2659-29
Effective ____________, 2002
FERNDALE, MICHIGAN
INITIAL COLLECTIVE BARGAINING AGREEMENTS
("ICBA") BETWEEN MAVERICK TUBE CORPORATION
AND THE USWA TO BE APPLICABLE AS NOTED AT THE USWA
BARGAINING UNIT AT THE FERNDALE, MICHIGAN PLANT
ENTERED INTO: ____________, 2002
EFFECTIVE DATE: ___________, 2002
TABLE OF CONTENTS
Article Section Page
AGREEMENT........................... 10
ONE PURPOSE AND SCOPE
Purpose.............................1 11
Observance..........................2 12
TWO RECOGNITION
Coverage............................1 14
Employee Defined....................2 14
Disputed Exclusions.................3 15
Supervisors Working.................4 15
Scope...............................5 16
Contracting Out.....................6 16
THREE COMPANY AND UNION ACTIVITY
Interference or Discrimination......1 22
Union Activity......................2 22
Intimidation or Coercion............3 23
Nondiscrimination...................4 23
Civil Rights Committee..............5 23
FOUR UNION MEMBERSHIP
AND CHECKOFF
Union Membership....................1 24
Checkoff............................2 25
Indemnity Clause....................3 27
FIVE WAGES
Standard Hourly Wage Scales.........1 27
Application of the Standard Hourly
Wage Scales......................2 28
Further Application of the
Standard Hourly Wage Scales......3 29
TABLE OF CONTENTS
Article Section Page
FIVE WAGES (Continued)
Production and
Maintenance Jobs...................4 30
Trade, Craft or Multiple-
Related Jobs....................5 30
Apprentice or Learner Jobs.........6 31
Profit Sharing.....................7 32
Inequity Complaints or
Grievances Prohibited...........9 37
Correction of Errors..............10 37
Inconsistent Pay Practices........11 37
Shift Differentials...............12 37
Sunday Premium....................13 39
SIX HOURS OF WORK
Definitions........................1 39
Normal Work Pattern................2 39
Scheduling.........................3 40
Schedules Posted...................4 40
Schedule Changes...................5 40
Reporting Time.....................6 41
Overtime...........................7 42
Allowance for Jury or
Witness Service.................8 47
Allowance for Funeral Leave........9 47
Overtime Distribution.............10 47
SEVEN HOLIDAYS
Holidays Enumerated ...............1 48
Pay for Holidays Not Worked........2 49
Vacation...........................3 50
Part-Time Employee.................4 50
Rate of Pay........................5 51
Part-Shift Work on Holiday........ 6 51
TABLE OF CONTENTS
Article Section Page
EIGHT VACATIONS
Eligibility........................1 51
Benefits Forfeited.................2 52
Service Date.......................3 53
Length of Vacations................4 54
Scheduling - General...............5 54
Scheduling of Vacations............6 55
Vacation Scheduling Complaints
and Grievances..................7 57
Vacation Pay or Allowance..........8 58
Scheduling.........................9 61
NINE SUSPENSION AND
DISCHARGE CASES
Procedure - Discharges.............1 61
Suspensions........................2 63
Personal Reports...................3 64
Union Representation...............4 64
Temporary Xxxxxxx..................5 64
TEN SENIORITY
Promotions and Layoffs.............1 65
Units..............................2 66
Continuous Service Record..........3 68
Probationary Employees.............4 70
Interplant and Intraplant
Transfers.......................5 71
Temporary Vacancies................6 71
Distribution of Work...............7 72
Filling of Vacancies...............8 73
Union Officers.....................9 75
Leaves for Union Business.........10 75
Continuous Service Lists..........11 77
Seniority Pools...................12 77
TABLE OF CONTENTS
Article Section Page
TEN SENIORITY (Continued)
Xxxxxxx of New Facilities.........13 81
Permanent Vacancies and
Transfer Rights................14 84
Veteran Limitation................15 88
ELEVEN ADJUSTMENT OF COMPLAINTS
AND GRIEVANCES
Purpose and Definitions............1 88
Complaint and Grievance
Procedure.......................2 89
A. Processing of Complaints
...and Grievances 89
Step 1........................ 89
Step 2........................ 91
Step 3........................ 94
Step 4........................ 96
B. General Provisions............ 97
Arbitration Review.................3 103
Union Grievance Representation.....4 103
Access to a Plant..................5 105
Expedited Arbitration Procedure....6 106
TWELVE SAFETY AND HEALTH
General Provisions.................1 108
Unusual Conditions.................2 110
Joint Safety and Health
Committee.......................3 111
Use of Disciplinary Records........5 116
Alcoholism and Drug Abuse..........6 117
Safety and Health Training.........7 117
Medical Records 8 118
TABLE OF CONTENTS
Article Section Page
THIRTEEN EMPLOYEES IN MILITARY
SERVICE
Reemployment.....................1 119
Training Program.................2 119
Leave of Absence.................3 119
Educational Leave of Absence.....4 120
Disabled Veterans................5 120
Vacations........................6 121
Military Encampment Allowance....7 121
FOURTEEN SEVERANCE ALLOWANCE
Permanent Closing................1 122
Eligibility......................2 123
Other Job........................3 123
Transfer.........................4 124
Benefits.........................5 124
Duplication......................6 124
Election Concerning Layoff
Status.........................7 125
Payment of Allowance.............8 125
FIFTEEN MANAGEMENT........................ 126
SIXTEEN STRIKES AND LOCKOUTS
Strikes Prohibited...............1 126
Lockouts Prohibited..............2 127
SEVENTEEN
EIGHTEEN
NINETEEN TERM OF AGREEMENT
Term...............................1 131
Notice 2 131
APPENDICES
Appendix Page
A Standard Hourly Wage Scale of Rates
Incumbent Employees as of 11/15/00
and all Trade and Craft Employees
hired after 11/15/00...................133
A-1 Standard Hourly Wage Scale of Rates
For all Employees hired after
11/15/00 except Trade and Craft
Employees..............................134
B Special Hourly Additive
Incumbent Employees as of
11/15/85...............................135
C
C-1
C-2 C-3
D Letter Agreement Concerning the
Employee Profit Sharing Plan,
Ferndale Plant.........................142
E Letter Agreement Concerning
Ratification Bonus.....................143
F Letter Agreement Concerning Bonus
Payments...............................144
G
H Memorandum of Understanding on
Grievance and Arbitration..............147
H-1 Memorandum of Understanding on
Back Pay Calculations..................149
I Understanding with Reference to
Progression and Regression Charts
and Rules Applicable Thereto...........150
J Memorandum of Understanding on
Miscellaneous Matters..................152
K
L
M Memorandum of Understanding on
Apprenticeship.........................158
N Memorandum of Understanding on
Checkoff...............................162
O Memorandum of Understanding on
Substitute Xxxxxxx.....................163
P Memorandum of Understanding on
Supervisors Working....................164
Q
R
S Memorandum of Understanding on
Plant Problem Discussions..............168
T Memorandum of Understanding on
Employee Profit Sharing Plan...........169
___ Memorandum of Understanding
Overtime Equalization Guidelines
Letter Agreement November 15, 2000
New Employee Orientation Program
Letter Agreement November 15, 0000
Xxxxxxxxxx Safety Shoe Allowance
Letter Agreement November 1, 2000
Meal Allowance
Letter Agreement November 15, 2000
Single Days of Vacation
Letter Agreement November 15, 2000
Concerning Vacations and Holidays
Letter Agreement November 15, 2000
Posting Schedules for Weekend and Holiday Work
Letter Agreement November 15, 2000
Concerning Job Content
Letter Agreement November 15, 20000
Concerning Job Content
Letter Agreement November 15, 1997
Confirming Several Understandings
Appendix HH Letter Agreement November 15, 1997
Confirming Continuous Operation
Appendix JJ Letter Agreement November 15, 1997 Confirming Concerning 10
Hour Turns, Step I Grievance After Scheduled Hours, Galvanizing
Department to Shutdown for Union Meetings, Provide Tools for
Production, Informing of Need to Work Saturdays, Shift Preference, and
Visitor Parking Spaces
Appendix LL Letter Agreement November 15, 1997
Confirming Concerning Transfer of Bid Winners
Appendix MM Letter Agreement November 15, 1997
Confirming Concerning Job Bidding During Term of Agreement
Additional Matters - Successorship
Additional Matters - 401(k) Plans
Additional Matters - Health Care, Life Insurance, and LTD Plans
Additional Matters - Employees of LTV Who Do Not Become Employees of
Maverick
Additional Matters - Settlement Agreement to this Printed Collective
Bargaining Agreement
Additional Matters - Ratification Bonus
AGREEMENT
This Agreement, dated _________________, 2002 is between, Maverick Tube
Corporation, Ferndale Plant (hereinafter referred to as the "Company"), acting
herein only in respect to employees of the Company in the bargaining unit set
forth in Article Two - Recognition - of this Agreement, and United Steelworkers
of America, acting in behalf of Local Union No. 2659 - 29, or its successor
(hereinafter referred to as the "Union").
Except as otherwise expressly provided herein, the provisions of this
Agreement shall be effective ________________, 2002.
The Union having been designated the exclusive collective bargaining
representative of the Employees of the Company as defined in Article Two -
Recognition, the Company recognizes the Union as such exclusive representative.
Accordingly, the Union makes this Agreement in its Capacity as the exclusive
collective bargaining representative of such Employees. The provisions of this
Agreement constitute the sole procedure for the processing and settlement of any
claim by an Employee or the Union of a violation by the Company of this
Agreement. As the representative of the Employees the Union may process
complaints and grievances through the complaint and grievance procedure,
including arbitration, in accordance with this Agreement or adjust settle the
same.
ARTICLE XXX - XXXXXXX XXX XXXXX
XXXXXXX 0 - XXXXXXX
Xx is the intent and purpose of the parties hereto to set forth herein the
agreement covering rates of pay, hours of work, and conditions of employment to
be observed between the parties hereto for the Employees of the Company in the
bargaining unit of the Company set forth in Article Two - Recognition - of this
Agreement.
The parties recognize that for their joint benefit, increases in wages and
benefits should be consistent with the long-term prosperity and efficiency of
the Ferndale Plant.
SECTION 2 - OBSERVANCE
The Union (its officers and representatives at all levels) and all
Employees are bound to observe the provisions of this Agreement.
The Company (its officers and representatives at all levels) is bound to
observe the provisions of this Agreement.
SECTION 3 - LOCAL WORKING CONDITIONS
See ADDITIONAL MATTERS - SETTLEMENT AGREEMENT TO THIS PRINTED COLLECTIVE
BARGAINING AGREEMENT, Section 5.1.17 as to Local Working Conditions
ARTICLE TWO - RECOGNITION
SECTION 1 - COVERAGE
In accordance with and subject to the provisions of the Labor Management
Relations Act, 1947, as amended, the Company recognizes the Union as the
exclusive bargaining agency of the production and maintenance Employees (with
the exceptions hereinafter specified in this Article Two) of the Company
employed at its Ferndale, Michigan Plant for the purpose of collective
bargaining in respect to rates of pay, hours of work, and conditions of
employment.
SECTION 2 - EMPLOYEE DEFINED
The term "Employee" as used in this Agreement, shall mean the production
and maintenance Employees, but shall not include executives, foremen, assistant
foremen, supervisors who do not work with tools, draftsmen, timekeepers,
first-aid men and nurses, plant protection, office and salaried employees.
Notwithstanding any provisions of any prior LTV/USWA labor agreement
applicable to the Ferndale, Michigan plant Employees are: (1) persons actually
performing work on a job in the bargaining unit the pay period immediately
preceding the Closing; and (2) persons who would be actually performing work in
a job in the bargaining unit in the pay period immediately preceding the Closing
but who are absent from work in such pay period because of scheduled vacation,
funeral leave, military service or encampment or other authorized absence for
which absence the person continued to receive his/her regular wage in such pay
period; and (3) such persons as described in provisions (1) or (2) who has not
quit, retired or otherwise ceased active employment with LTV as of the day
before the Closing and who accept employment with Maverick and who actually
perform work in a job in the bargaining unit after Closing. Closing as used in
this provision means the date on which Maverick Tube Corporation became the
owner and operator of the assets of the Ferndale plant and the Employer of
Employees covered by this labor agreement.
SECTION 3 - DISPUTED EXCLUSIONS
Any differences which shall arise between the Company and the Union as to
whether or not any individual employee is or is not included within the term
"Employee" as defined in this Article Two shall be handled as a complaint or
grievance in accordance with the procedure set forth in Article Eleven -
Adjustment of Complaints and Grievances - of this Agreement.
SECTION 4 - SUPERVISORS WORKING
Any supervisor shall not perform work on a job normally performed by an
Employee in the bargaining unit provided, however, this provision shall not be
construed to prohibit supervisors from performing the following types of work:
(a) experimental work;
(b) demonstration work performed for the purpose of instructing and training
Employees;
(c) work required of the supervisors by emergency conditions which if not
performed might result in interference with operations, bodily injury, or
loss or damage to material or equipment; and
(d) work which, under the circumstances then existing, it would be unreasonable
to assign to a bargaining unit Employee and which is negligible in amount.
Work which is incidental to supervisory duties on a job normally performed
by a supervisor, even though similar to duties found in jobs in the bargaining
unit, shall not be affected by this provision.
If a supervisor performs work in violation of this Section 4 and the
Employee who otherwise would have performed this work can reasonably be
identified, the Company shall pay such Employee the applicable standard hourly
wage scale rate for the time involved or for four hours, whichever is greater.
SECTION 5 -
SECTION 6 - CONTRACTING OUT
Contracting out section is deleted and replaced with the following two
sections:
Section 1
The Company recognizes that the Union's concern about contracting out work
and with regards thereto the Company will not regularly contract out work to be
performed in the plant that the bargaining unit employees normally perform while
there are bargaining unit employees available who are capable of performing the
subject work. It is further agreed that no work to be performed in the plant
will be regularly contracted out which results in diminishing the size and scope
of the bargaining unit with exception of temporary surge work due to major
construction or major repairs, emergencies, or when specialized skills or trades
or equipment are not available. In applying the above provisions, one of the
considerations shall be the costs involved.
Section 2
The Company will provide notice to the Local Union President (Unit
Chairperson) or his/her designee of all such contracting out. The parties will
meet to discuss particular work or general issues as a meeting to be scheduled
for that purpose. Awaiting the meeting will not require the Company to refrain
from contracting out the work in question.
ARTICLE THREE
COMPANY AND UNION ACTIVITY
SECTION 1 - INTERFERENCE OR
DISCRIMINATION
The Company recognizes and will not interfere with the rights of its
Employees to become members of the Union. There shall be no discrimination,
interference, restraint, or coercion by the Company or any of its agents against
any Employee because of membership in the Union.
SECTION 2 - UNION ACTIVITY
No Employee shall engage in any union activity on the property of the
Company in any manner which shall interfere with production or engage in union
activity on company time.
SECTION 3 - INTIMIDATION OR COERCION
The Union, its officers, agents and members, shall not intimidate or coerce
Employees into joining the Union or continuing their membership therein.
SECTION 4 - NONDISCRIMINATION
It is the continuing policy of the Company and the Union that the
provisions of this Agreement shall be applied to all Employees fairly and in
accordance with Federal and State employment laws, without regard to race,
color, religious creed, national origin, or sex. The representatives of the
Union and the Company in all steps of the complaint and grievance procedure and
in all dealings between the parties shall comply with this provision. The
Company and the Union will take all actions necessary to comply with the
Americans with Disabilities Act.
SECTION 5 - CIVIL RIGHTS COMMITTEE
A joint Committee on Civil Rights shall be established at the plant. The
Union representation on the committee shall be no more than three members of the
Union, in addition to the Local Union President and Chairman of the Grievance
Committee. The Union members shall be certified to the Plant Superintendent by
the Union and the Company members shall be certified to the Union. The Company
and Union members of the joint committee shall meet at mutually agreeable times,
but no less than once each month. The joint committee shall review matters
involving civil rights and advise with the Company and the Union concerning
them, but shall have no jurisdiction over the initiating or processing of
complaints or grievances. This provision shall not affect any existing right to
initiate a complaint or grievance nor does it enlarge the time limits for
initiating and processing complaints or grievances.
ARTICLE FOUR
UNION MEMBERSHIP AND CHECKOFF
SECTION 1 - UNION MEMBERSHIP
A. Each Employee who on the effective date of this Agreement is a member of
the Union in good standing and each Employee who becomes a member after
that date shall as a condition of employment, maintain his membership in
the Union.
B. Each Employee hired on or after, ____________________, 2002 shall, as a
condition of employment, beginning on the 30th day following the beginning
of such employment or the effective date of this Agreement, whichever is
the later, acquire and maintain membership in the Union.
C. On or before the 25th day of each month the Union shall submit to the
Company a notarized list showing the name, department symbol, and check or
badge number of each Employee who shall have become a member of the Union
in good standing other than pursuant to Subsection B above since the last
previous list of such members was furnished to the Company. The Company
shall continue to rely upon the membership lists which have been certified
to it by the Union as of____________, 2002, subject to revision by the
addition of new members certified to it by the Union between such date and
the date of this Agreement and to the deletion of the names of Employees
who have withdrawn from membership during such period.
D. For the purpose of this Section 1, an Employee shall not be deemed to have
lost his membership in the Union in good standing until the International
Treasurer of the Union shall have determined that the membership of such
Employee in the Union is not in good standing and shall have given the
Company a notice in writing of that fact.
E. The foregoing provisions shall be effective in accordance and consistent
with applicable provisions of federal and state law.
SECTION 2 - CHECKOFF
A. The Company will check off dues, assessments, and initiation fees each as
designated by the International Treasurer of the Union, as membership dues
in the Union, on the basis of individually signed voluntary checkoff
authorization cards in forms agreed to by the Company and the Union.
B. At the time of his employment the Company will suggest that each new
Employee voluntarily execute an authorization for the checkoff of union
dues in the form agreed upon. A copy of such authorization card for the
checkoff of union dues shall be forwarded to the Financial Secretary of the
Local Union along with the membership application of such Employee.
C. New checkoff authorization cards other than those provided for by
Subsection B above, will be submitted to the Company through the Financial
Secretary of the Local Union at intervals no more frequent than once each
month. On or before the last day of each month the Union shall submit to
the Company a summary list of cards transmitted in each month.
D. Deductions on the basis of authorization cards submitted to the Company
shall commence with respect to dues for the month in which the Company
receives such authorization card or in which such card becomes effective,
whichever is later. Dues for a given month shall be deducted from the last
pay closed and calculated in that month.
E. In cases of earnings insufficient to cover deduction of dues, the dues
shall be deducted from the next pay in which there are sufficient earnings,
or a double deduction may be made from the last pay of the following month;
provided, however, that the accumulation of dues shall be limited to two
months. The International Treasurer of the Union shall be provided with a
list of those Employees for whom double deduction has been made.
F. The Union will be notified of the reason for nontransmission of dues in
case of interplant transfer, layoff, discharge, quit, leave of absence,
sick leave, retirement, death, or insufficient earnings.
G. Unless the Company is otherwise notified, the only union membership dues to
be deducted for payment to the Union from the pay of the Employee who has
furnished an authorization shall be the monthly union dues. The Company
will deduct initiation fees when notified by notation on the lists referred
to in Subsection C of this Section 2, and assessments as designated by the
International Treasurer. With respect to checkoff authorization cards
submitted directly to the Company, the Company will deduct initiation fees
unless specifically requested not to do so by the International Treasurer
of the Union after such checkoff authorization cards have become effective.
The International Treasurer of the Union shall be provided with a list of
those Employees for whom initiation fees have been deducted under this
Subsection.
H. The parties will make mutually satisfactory arrangements at the local level
to insure that those Employees who have signed effective checkoff
authorizations will be picked up so long as the Company is not required to
compile additional records.
I. The provisions of this Section 2 shall be effective in accordance and
consistent with applicable provisions of federal law.
SECTION 3 - INDEMNITY CLAUSE
The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits, or other forms of liability that shall arise out of or
by reason of action taken or not taken by the Company for the purpose of
complying with any of the provisions of this Article Four, or in reliance on any
list, notice or assignment furnished under any of such provisions.
ARTICLE FIVE
WAGES
SECTION 1 - STANDARD HOURLY WAGE SCALES
A. The standard hourly wage scales of rates for the respective job classes and
the effective dates thereof shall be those set forth in Appendix A and A-1
of this Agreement.
B. In addition to the standard hourly wage scales of rates outlined in
Paragraph A above, all Employees listed on Appendix B will receive a
Special Hourly Additive in accordance with Appendix B of this Agreement.
C. In the event an Employee is transferred temporarily at the direction of
Management from his regular job to another job, he shall be paid at the
established rate of pay for the job to which transferred; provided that, if
such rate of pay is less than the rate of pay for the job from which
transferred, the Employee shall receive the difference as a temporary
out-of-line differential; such out-of-line differential shall apply only to
the individual transferred and for the period of transfer; provided further
that nothing in this Subsection shall affect the rights of any Employee or
the Company under any other Article of this Agreement. The new out-of -line
differential multiplied by hours paid for on the job shall be added to the
earnings of the Employee.
SECTION 2 - APPLICATION OF THE STANDARD
HOURLY WAGE SCALES
The standard hourly wage scale rate for each job shall be as set forth in
Appendix A or A-1. In addition:
(a) A schedule of trade or craft rates and rates applicable to multiple-rated
jobs, containing: (1) a standard rate equal to the standard hourly wage
scale rate for the respective job class of the job; (2) an intermediate
rate at a level two job classes below the standard rate; and (3) a starting
rate at a level four job classes below the standard rate shall be
established for each multiple-rated job and for each of the following
repair and maintenance trade or craft jobs: Electrician (Xxxxxxx) Machinist
Millwright Special Electronic Instrument Repair Technician
(b) A schedule of apprentice rates for the respective apprentice training
period of 1040 hours of actual training experience with the Company in the
trade or craft in each training period shall be established at the level of
the standard hourly wage scale rates for the respective job classes as
follows:
Training Periods of 1040 Hours
Trade or Craft 1st 2nd 3rd 4th 5th 6th 7th 8th
Apprenticeship Job Classes
Electrician
(Xxxxxxx) 6 7 8 9 10 11 12 13
Machinist 6 7 8 9 10 11 12 13
Millwright Special 6 7 8 9 10 11 12 13
Electronic
Instrument Repair
Technician 9 10 11 12 13 14 15 16
SECTION 3 - FURTHER APPLICATION
OF THE STANDARD
HOURLY WAGE SCALES
Each hourly wage rate established under Section 2 of this Article Five
shall be as specified in Appendix A or A-1, whichever applies.
SECTION 4 - PRODUCTION AND
MAINTENANCE JOBS
The established rate of pay for each production of maintenance job, other
than a trade or craft or multiple-rated job or apprentice job as defined in
Section 2 of this Article Five, shall apply to any Employee during such time as
the Employee is required to perform such job except as otherwise provided in
Subsection C of Section 1 of this Article Five.
SECTION 5 - TRADE, CRAFT OR
MULTIPLE-RATED JOBS
A. The established starting rate, intermediate rate, or standard rate of pay
for a trade or craft job or multiple-rated job, as defined in Subparagraph
(a) of Section 2 of this Article Five, shall apply to each Employee during
such time as the Employee is assigned to the respective rate
classification. B. Article Five, Section 5-B, of the September 1, 1965
Basic Labor Agreement provided for an increase of two full job classes for
each of the trade and craft jobs listed in Article Five, Section 2(a), of
such Agreement, and similarly other jobs were increased by two full job
classes pursuant to the Trade and Craft Memorandum of Understanding of such
Agreement. Article Five, Section 5-B, of the September 1, 1965 Agreement
further provided that this addition should be identified as a trade or
craft convention and should be recorded as a separate item in Factor 7 of
the agreed-upon classification.
SECTION 6 - APPRENTICE OR LEARNER
JOBS
A. The established apprentice rates of pay shall apply to an Employee in
accordance with the apprentice training periods as defined respectively in
Subparagraph (b) of Section 2 of this Article Five.
B. The Company may continue learner jobs where such jobs are now in existence
and may establish additional learner jobs by mutual agreement with the
Union.
Learner jobs are not to be described nor classified, but shall be assigned
to a job class four job classes below the job class of the job being
learned, except that an Employee transferred from another job to a learner
job shall remain in the job class for his former job unless, by mutual
agreement between the Union and Management, he shall be assigned to a lower
job class.
An Employee shall be assigned to a learner job only until he can perform
satisfactorily the job for which he is being trained and in no event for
more than 520 hours of actual work.
SECTION 7 - PROFIT SHARING
A.
B. Effective at the start of the night shift on January 1, 1986, the Company
will install the Employee Profit Sharing Plan for the Ferndale Plant
(Plan). The Plan shall continue indefinitely unless otherwise modified,
cancelled or replaced by the Company. Such action will be designed so as to
preserve the earnings opportunity of the Plan as demonstrated by a current
reference period.
The terms of the Profit Sharing Plan as last agreed to by the USWA and LTV
shall apply, provided, however, the plan must be able to be calculated
solely on the basis of the financial and production performance at the
Ferndale plant. The plan shall be effective on the effective date of this
labor agreement with no retroactive liability whatsoever prior to the
effective date of this labor agreement.
C. All Employees will participate in the Plan.
SECTION 8 -
SECTION 9 - INEQUITY COMPLAINTS
OR GRIEVANCES PROHIBITED
No basis shall exist for an Employee to allege that a wage rate inequity
exists and no complaint or grievance on behalf of an Employee alleging a wage
rate inequity shall be initiated or processed during the term of this Agreement.
SECTION 10 - CORRECTION OF ERRORS
Notwithstanding any provisions of this Article Five, errors in application
of rates of pay shall be corrected.
SECTION 11 -
SECTION 12 - SHIFT DIFFERENTIALS
A. For hours worked on the afternoon shift there shall be paid a premium rate
of 25 cents per hour. For hours worked on the night shift there shall be
paid a premium rate of 35 cents per hour.
B. Shifts shall be identified as follows:
(1) Day shift includes all shifts scheduled to commence between 6:00 a.m.
and 8:00 a.m., inclusive;
(2) Afternoon shift includes all shifts scheduled to commence between 2:00
p.m. and 4:00 p.m., inclusive:
(3) Night shift includes all shifts scheduled to commence between 10:00
p.m. and 12:00 midnight, inclusive.
C. Any hours worked by an Employee on a shift which commences at a time not
provided for in Subsection B of this Section 12 shall be paid as follows:
(1) For hours worked which would fall in the prevailing day shift of the
department no shift differential shall be paid;
(2) For hours worked which would fall in the prevailing afternoon shift of
the department the afternoon shift differential shall be paid;
(3) For hours worked which would fall in the prevailing night shift of the
department the night shift differential shall be paid.
D. Shift differential shall be included in the calculation of overtime
compensation. Shift differential shall be computed by multiplying the hours
worked by the applicable differential and the amount so determined added to
earnings.
E. Shift differential shall be paid for allowed time or reporting time
provided for in Section 6 of Article Six - Hours of Work - of this
Agreement when the hours for which payment is made would have called for a
shift differential if worked.
SECTION 13 - SUNDAY PREMIUM
All hours worked by an Employee on Sunday, which are not paid for on an
overtime basis, shall be paid for at 1-1/2 times the Employee's regular rate as
defined in Subsection A (3) of Section 7 of Article Six - Hours of Work - of
this Agreement.
For the purpose of this provision, Sunday shall be deemed to be the 24
hours beginning with the turn-changing hour nearest to 12:01 a.m. Sunday.
Sunday premium based on the standard hourly wage scale rate in Appendix A
or A-1, whichever applies, shall be paid for reporting allowance hours.
ARTICLE SIX - HOURS OF WORK
This article is intended only to provide a basis for calculating overtime
and establishing normal work schedules and shall not be construed as a guarantee
of hours of work per day or per week, or a guarantee of days of work per week.
SECTION 1 - DEFINITIONS
The normal workday shall be 8 consecutive hours of work followed by 16
consecutive hours of rest (exclusive of such lunch or rest periods as are now
granted in accordance with the practice prevailing). The normal weekly hours of
work shall be 40 hours. Parties at the plant level will negotiate with respect
to non-traditional work schedules which will be implemented only upon mutual
agreement.
SECTION 2 - NORMAL WORK PATTERN
The normal work pattern shall be 5 consecutive workdays beginning on the
first day of any 7-consecutive-day period. The 7-consecutive-day period is a
period of 168 consecutive hours and may begin on any day of the calendar week
and extend into the next calendar week. On shift changes, the 168 consecutive
hours may become 152 consecutive hours depending upon the change of shift.
A work pattern of less or more than 5 workdays in the 7-consecutive-day
period shall not be considered as deviating from the normal work pattern
provided the workdays are consecutive.
Parties at the plant level will negotiate with respect to non-traditional
work schedules which will be implemented only upon mutual agreement.
SECTION 3 - SCHEDULING
All Employees shall be scheduled on the basis of the normal work pattern
except where: (a) such schedules regularly would require the payment of
overtime; (b) deviations from the normal work pattern are necessary because of
breakdowns or other matters beyond the control of Management; or (c) schedules
deviating from the normal work pattern are established by agreement between
Plant Management and the Grievance Committee.
Parties at the plant level will negotiate with respect to non-traditional
work schedules which will be implemented only upon mutual agreement.
SECTION 4 - SCHEDULES POSTED
Schedules of the Employees' regular workdays shall be posted or otherwise
made known to Employees in accordance with prevailing practices, but not later
than Friday noon of the week preceding the calendar week in which they shall be
effective, unless otherwise provided by local agreement.
Management will establish a procedure, where such does not already exist,
affording any Employee whose last scheduled turn ends prior to the posting of
his schedule for the following week, an opportunity to obtain information
relating to his next scheduled turn. This procedure will also be applicable with
respect to Employees returning from vacation.
SECTION 5 - SCHEDULE CHANGES
Determination of the starting time of the daily and weekly work schedules
and changes in schedules may be made by the Company, provided that changes be
made known to the grievance committeeman of the Union, or other Union
representative if said committeeman is not available, as far in advance of such
changes as is possible; and provided further that no changes in such schedules
shall be made after Friday noon, except in case of breakdowns or other
conditions beyond the control of Management. Should changes be made in schedules
contrary to this Section 5 so that an Employee is laid off and does not work on
a day that he was scheduled to work, he shall be deemed to have reported for
work on such day and shall be eligible for reporting allowance in accordance
with the provisions of Section 6 of this Article Six, excluding Article Six,
Section 6 (d).
SECTION 6 - REPORTING TIME
An Employee who is scheduled or notified to report and who does report for
work shall be provided with and assigned to a minimum of 4 hours of work on the
job for which he was scheduled or notified to report or, in the event such work
is not available, shall be assigned or reassigned to another job of at least
equal job class for which he is qualified. In the event, when he reports for
work, no work is available he shall be released from duty and credited with a
reporting allowance of 4 times the standard hourly wage scale rate of the job
for which he was scheduled or notified to report.
When an Employee who starts to work is released from duty before he works a
minimum of 4 hours, he shall be paid for the hours worked in accordance with
Article Five - Wages - of this Agreement, and credited with a reporting
allowance equal to the standard hourly wage scale rate of the job for which he
was scheduled or notified to report multiplied by the unutilized portion of the
4-hour minimum. The foregoing payment shall be either at the regular or overtime
rates of earnings depending upon which pertain in accordance with provisions of
this Agreement; provided, however, that hours not worked, for which payment is
made, shall not be considered as time worked in determining daily, weekly, or
other form of overtime.
The provisions of this Section 6 shall not apply in the event that:
(a) picketing, strikes, stoppages in connection with labor disputes at the
plant, failure of utilities beyond the control of Management, or acts of
God interfere with work being provided; or
(b) an Employee is not put to work or is laid off after having been put to
work, either at his own request or due to his own fault; or
(c) an Employee refuses to accept an assignment or reassignment within the
first 4 hours as provided above in this Section 6; or
(d) Management gives reasonable notice of a change in scheduled reporting time
or that an Employee need not report. Local Management and the Grievance
Committee shall promptly determine what constitutes reasonable notice.
SECTION 7 - OVERTIME
A. For the purpose of determining:
(1)the number of hours worked in a day by each Employee, a workday shall be
a period of 24 consecutive hours beginning at the time the Employee
starts to work; provided, however, that the same hours shall not be
included in more than one such period; provided further that a tardy
Employee's workday shall begin at the time it would have begun had he
not been tardy;
(2) the number of hours or days worked in a workweek, a workweek shall be
a 7-consecutive-day period commencing at 12:01 a.m. Sunday (or turn
starting closest thereto):
(3) the regular rate of pay as used in this Agreement, the term shall mean
the hourly rate including any applicable Special Hourly Additive which
the Employee would have received for the work had it been performed
during non-overtime hours.
B. Each Employee shall be paid overtime at the rate of 1-1/2 times his rate of
pay for all time worked by him:
(1) In excess of 8 hours in any one workday, or
(2) In excess of 40 hours in any one workweek, or
(3) On any day in any workweek after he shall have worked on 5 previous
days in such workweek. Solely for the purpose of determining whether
or not work has been performed on 5 previous days in the workweek:
(a) Should changes be made in schedules after Friday noon of the week
preceding the calendar week in which the changes are to be
effective, except for breakdowns or other matters beyond the
control of Management, so that an Employee is laid off within any
scheduled 5 days and is required to work on what would otherwise
have been the sixth or seventh workday in his workweek, the day
on which such Employee was laid off shall be counted as a day
worked; and
(b) If work is performed by an Employee on a day in the workweek
subsequent to any of the holidays enumerated in Article Seven -
Holidays - of this Agreement, such holiday shall be considered as
a day worked in that workweek, whether or not any work is
performed on such holiday and regardless of whether such holiday
was scheduled as a day of work or of rest. For purposes of this
Article Six, if any of such holidays shall fall on a Sunday, the
following Monday (and not such Sunday) shall be observed as such
holiday; or
(4) On the sixth or seventh workday of a 7-consecutive-day period during
which the first 5 days were worked by the Employee, whether or not all
of such days fall within the same workweek, except when that day is
worked pursuant to a schedule approved by the Grievance Committee;
provided, however, that no overtime compensation under this provision
will be due unless the Employee shall notify his Xxxxxxx of a claim
for overtime within a period of one week after such sixth or seventh
day is worked or, if he fails to do so, initiates a complaint claiming
such overtime within 30 days after such day is worked; and provided
further that on shift changes the 7-consecutive-day period of 168
consecutive hours may become 152 consecutive hours depending upon the
change in the shift. For the purposes of this clause (4) all working
schedules now normally used in any department of the plant shall be
deemed to have been approved by the Grievance Committee. Such approval
may be withdrawn by the Grievance Committee by giving 60 days prior
written notice thereof to Plant Management; or
(5) On a second reporting in the same workday where the Employee has been
recalled or required to report to the plant after working less than 8
hours on his first shift, provided that his failure to work 8 hours on
his first reporting was not caused by any of the factors mentioned in
Section 6 of this Article Six for purposes of disqualifying an
Employee for reporting allowance.
C. No Employee shall be paid more than 1-1/2 times his regular rate of pay for
any time worked by him (except as provided in Section 5 of Article Seven -
Holidays - of this Agreement), and in the event overtime for any time
worked is paid any Employee in compliance with any of the foregoing clauses
(1), (2), of Subsection B of this Section 7 or for the holidays enumerated
in Article Seven - Holidays - of this Agreement, the time for which
overtime is once paid shall not be counted as hours or days worked for the
purpose of determining whether or not overtime is to be paid such Employee
under any one or all of the other foregoing clauses or holidays enumerated
in Article Seven - Holidays - of this Agreement; provided, however, that an
enumerated holiday, whether worked or not, shall be counted as a day worked
in determining overtime under clause (4) of Subsection B of this Section 7,
and as time worked in determining overtime under clause (1) of such
Subsection B, subject to the limitation contained in Section 5 of Article
Seven - Holidays - of this Agreement.
D. When Employees qualified to perform the work could be recalled because it
is reasonably foreseeable that there will be work for such Employees for a
period of two or more weeks, and Management determines that such work
should nevertheless be done on an overtime basis instead of recalling such
Employees, it will first notify the Union and, upon the request of the
appropriate grievance committeeman, will discuss its reasons and review
with him any suggested alternative in an effort to reach a mutually
satisfactory solution. Such discussion and review will constitute full
compliance with the requirements of this provision. Nothing in this
provision shall prejudice any other rights which may exist under any other
provision of this Agreement, nor affect local agreements or practices
existing as of the date of this Agreement.
E. The parties at the plant level may by mutual agreement limit daily overtime
as part of the agreement as to non-traditional schedules.
SECTION 8 - ALLOWANCE FOR JURY
OR WITNESS SERVICE
An Employee who is called for jury service or subpoenaed as a witness shall
be excused from work for the days on which he serves (service, as used herein,
includes required reporting for jury or witness duty when summoned, whether or
not he is used). Such Employee shall receive, for each day of service on which
he otherwise would have worked, the difference between the payment he receives
for such service in excess of $5.00 and the amount calculated by the Company in
accordance with the following formula. Such pay shall be based on the number of
days the Employee would have worked had he not been performing such service
(plus any holiday in such period which he would not have worked) and the pay for
each day of service shall be 8 times his average straight-time hourly rate of
earnings (including any applicable Special Hourly Additive but excluding shift
differentials and Sunday and overtime premiums) during the last pay period
worked prior to such service. The Employee will present proof that he did serve
or report as a juror or was subpoenaed and reported as a witness, and the amount
of pay, if any, received therefor.
SECTION 9 - ALLOWANCE FOR FUNERAL
LEAVE
When death occurs to an Employee's spouse, mother, father, mother-in-law,
father-in-law, son, daughter, brother, sister, grandparents or grandchildren
(including stepfather, stepmother, stepchildren, stepbrother or stepsister when
they have lived with the Employee in an immediate family relationship), an
Employee, upon request, will be excused and paid for up to a maximum of three
scheduled shifts (5 scheduled shifts in the case of the death of an employee's
legal spouse, son, or daughter including stepchildren when they have lived with
the employee in an immediate family relationship) (or for such fewer shifts as
the Employee may be absent) which fall within a three-consecutive-calendar-day
period (or 5-consecutive-calendar-day period in the case of the death of an
employee's legal spouse, son, or daughter including stepchildren when they have
lived with the employee in an immediate family relationship); provided, however,
that one such calendar day shall be the day of the funeral and it is established
that the Employee attended the funeral. Payment shall be 8 times his average
straight-time hourly earnings as computed for jury pay. An Employee will not
receive funeral pay when it duplicates pay received for time not worked for any
other reason. Time thus paid will not be counted as hours worked for purposes of
determining overtime or premium pay liability.
SECTION 10 - OVERTIME DISTRIBUTION
Rules and regulations for distribution of overtime work have been mutually
agreed upon by the department supervisor and the grievance committeeman. Such
agreements shall remain in effect unless and until modified or replaced by local
written agreement signed by the department supervisor and the grievance
committeeman.
If mutually agreed between the representatives of Management and the Union
at the local level, meetings may be held between the department supervisor and
the grievance committeeman in the locations where no such agreements presently
exist. Such meetings would be for the purpose of discussion and possible mutual
agreement to an equitable method of overtime distribution.
ARTICLE SEVEN - HOLIDAYS
SECTION 1 - HOLIDAYS ENUMERATED
Whenever used in this Agreement, the term "holiday" means one of the
following days:
January 1 Xxxxxx Xxxxxx Xxxx, Xx.'s Birthday, which shall be the third
Monday in January Good Friday Memorial Day, which shall be the last Monday in
May Independence Day Labor Day Thanksgiving Day The day after Thanksgiving Day
The day before Christmas Day Christmas Day In addition, there will be one
Floating Holiday in each of the years 2001, 2002, 2003, 2004, and 2005. The
local parties shall agree on which day the floating holiday shall be observed by
not later than November 1, of the preceding year. The floating holiday must be
the same day for all employees in the plant.
If any such holidays shall fall on a Sunday, the following Monday (and not
such Sunday) shall be observed as such holiday.
A holiday shall be deemed to begin at 12:01 a.m. of the holiday or turn
starting closest thereto, and shall end 24 hours later.
SECTION 2 - PAY FOR HOLIDAYS
NOT WORKED
An eligible Employee who does not work on a holiday shall be paid 8 times
his average hourly earnings, including any applicable Special Hourly Additive,
for the pay period preceding the pay period in which the holiday is observed (if
he has no earnings in such pay period the average hourly earnings of his
occupation, including any applicable Special Hourly Additive, in such pay period
shall be used), exclusive of overtime, shift differentials, and Sunday premiums;
provided, however, that if an eligible Employee is scheduled to work on any such
holiday, but fails to report and perform his scheduled or assigned work, he
shall become ineligible to be paid for the unworked holiday, unless he failed to
perform such work because of sickness or because of death in the immediate
family (mother, father (including in-laws), children, brother, sister, husband,
wife, and grandparents) or because of similar good cause. Holiday allowance
shall be adjusted by an amount per hour to reflect any general wage changes in
effect at the time of said holiday, but not in effect in the period used for
calculating holiday allowance.
As used in this Article Seven, an eligible Employee is one who:
(a) has worked 30 turns since his last hire;
(b) performs work or is on vacation in the pay period in which the holiday is
observed or, if he is laid off for such pay period, performs work or is on
vacation in both the pay period preceding and the pay period following the
pay period in which the holiday is observed and
(c) works as scheduled or assigned both on his last scheduled workday prior to
and his first scheduled workday following the day on which the holiday is
observed, unless he has failed to so work because of sickness or because of
death in the immediate family or because of similar good cause.
SECTION 3 - VACATION
When a holiday occurs during an eligible Employee's scheduled vacation, he
shall be paid for the unworked holiday in addition to his vacation pay without
regard to the provisions of Subparagraph (c) of Section 2 above. The provisions
of this Section 3 shall apply to (1) an Employee whose vacation has been
scheduled prior to his layoff and who thereafter is laid off and takes his
vacation as scheduled, or (2) an Employee who is not at work at the time his
vacation is scheduled, but who thereafter returns to work and then is absent
from work during a holiday week because of his scheduled vacation. An Employee
who is not at work at the time of scheduling his vacation and is not working at
the time his vacation commences is not eligible for holiday pay for a holiday
occurring during his vacation within the meaning of Subparagraph (b) of Section
2 above or this Section 3.
SECTION 4 - PART-TIME EMPLOYEE
An eligible part-time Employee shall receive pay for holidays in accordance
with the foregoing provisions of this Article Seven, but the pay that he shall
receive for any such holiday shall be an amount equal to his applicable average
hourly earnings (as defined in Section 2 above) times the lesser of 8 or the
average number of hours worked by him per day in the preceding two pay periods.
A part-time Employee shall mean an Employee who regularly, for his own
convenience, is not available for full-time employment.
SECTION 5 - RATE OF PAY
For all hours worked by an Employee on any of the holidays specified in
Section 1 above, overtime shall be paid at the overtime rate of 2-1/2 times his
regular rate of pay. However, no Employee shall receive more than the above
specified rate for hours worked on any holiday.
SECTION 6 - PART-SHIFT WORK ON HOLIDAY
If an eligible Employee performs work on a holiday, but works less than 8
hours, he shall be entitled to the benefits of Section 2 of this Article Seven
to the extent that the number of hours worked by him on the holiday is less than
8 (or in the case of a part-time Employee the number of hours determined in
accordance with Section 4 of this Article Seven). This Section applies in
addition to the provisions of Section 6 of Article Six - Hours of Work - where
applicable.
ARTICLE EIGHT - VACATIONS
SECTION 1 - ELIGIBILITY
To be eligible for a vacation in any calendar year during the term of this
Agreement, the Employee must:
(a) have one year or more of continuous service; and
(b) not have been absent from work for 6 consecutive months or more in the
preceding calendar year; except in the case of an Employee who
completes one year of continuous service in the vacation calendar
year, he shall not have been absent from work for consecutive months
or more during the 12 months following the date of his original
employment; provided, that an Employee with more than one year of
continuous service who in any year shall be ineligible for a vacation
by reason of the provisions of this Subparagraph as a result of an
absence on account of layoff or illness shall receive one week's
vacation with pay in such year if he shall not have been absent from
work for 6 consecutive months or more in the 12 consecutive calendar
months next preceding such vacation. Any period of absence of an
Employee while on vacation pursuant to this Article Eight or while
absent due to a compensable disability in the year in which he
incurred such disability, or while in military service in the year of
his reinstatement to employment, shall be deducted in determining the
length of a period of absence from work for the purpose of this
Subparagraph.
SECTION 2 - BENEFITS FORFEITED
An Employee, even though otherwise eligible under Section 1 above, forfeits
the right to receive vacation benefits under this Article Eight if he quits,
retires, or is discharged prior to January 1 of the vacation year, or if such
Employee dies prior to January 1 of the vacation year.
SECTION 3 - SERVICE DATE
Continuous service for vacation purposes only shall date from the date of
first employment at any plant of the Company or subsequent date of employment
following a break in continuous service, whichever of the above two dates is the
later. Such continuous service shall be calculated in the same manner as the
calculation of continuous service set forth in Article Ten - Seniority - of this
Agreement, except that there shall be no accumulation of service in excess of
the first 2 years of any continuous period of absence on account of layoff or
physical disability (except, in the case of compensable disability, as provided
in Section 3 (c) (5) of Article Ten - Seniority) in the calculation of service
for vacation eligibility.
SECTION 4 - LENGTH OF VACATIONS
A. An eligible Employee who has completed the years of continuous service
indicated in the following table in any calendar year during the term of
this Agreement shall receive a vacation corresponding to such years of
continuous service as shown in the following table:
Years of Service Weeks of Paid Vacation
1 but less than 3 1
3 but less than 8 2
8 but less than 15 3
15 but less than 24 4
24 or more 5
B. A week of vacation shall consist of 7 consecutive days.
C. The entire vacation shall be taken in one continuous period unless
otherwise authorized by the Company.
SECTION 5 - SCHEDULING - GENERAL
A. On or promptly after October 1 of each year, each Employee entitled or
expected to become entitled to take vacation time off in the following year
will be requested to specify in writing (not later than 30 days after the
receipt of such request), on a form provided by the Company, the vacation
period or periods he desires.
B. Notice will be given an Employee at least 60 days in advance of the date
his vacation period is scheduled to start, but in any event not later than
January 1 of the year in which the vacation is to be taken.
C. Vacations will, so far as practicable, be granted at times most desired by
Employees (longer service Employees being given preference as to choice);
but the final right to allot vacation periods and to change such allotments
is exclusively reserved to the Company in order to insure the orderly
operation of the plant.
D. Any Employee absent from work because of layoff, disability or leave of
absence at the time Employees are requested to specify the vacation periods
they desire and who has not previously requested and been allotted a
vacation period for the calendar year, may be notified by Management that a
period is being allotted as his vacation period but that he has the right
within 14 days to request some other vacation period. If any such Employee
notifies Management in writing, within 14 days after such notice is sent,
that he desires some other vacation period, he shall be entitled to have
his vacation scheduled in accordance with Subsection C above.
E. If any Employee is on layoff from the plant at any time before the
beginning of his scheduled vacation, hereunder, he may request to have his
vacation start at any time during such layoff and if Management agrees to
grant his request, it shall have the right to set the appropriate
conditions under which it grants his request.
F. Where an Employee transfers from one seniority unit to another subsequent
to January 1 in any given year, he shall take his vacation in accordance
with the schedule established in his old seniority unit except as orderly
operations of his new seniority unit preclude it. He shall not be entitled
to have any vacation schedule previously established in his new seniority
unit changed because of his entry into that unit; should there be a
conflict between the transferred Employee and an Employee in the unit, the
Employee in the unit shall retain his preference in competition with the
transferred Employee regardless of continuous service.
SECTION 6 - SCHEDULING OF VACATIONS
A. Vacations may be taken throughout the calendar year.
B. The Company may, with the consent or upon the request of the Employee, pay
him vacation allowance, in lieu of time off for vacation, for any week of
vacation in excess of one week in any one calendar year.
C. Vacation shall be scheduled in a single period of consecutive weeks,
provided, however, that in the event the orderly operations of the plant
require vacations of two or more weeks may be scheduled in two periods,
neither of which may be less than one week. With the consent of the
Employee, vacation may be scheduled in any number of periods, none of which
may be less than one week.
D. In case Management desires to schedule vacations for Employees eligible
therefor during a shutdown period instead of in accordance with the
previously established vacation schedules for that year, Management shall
give affected Employees 60 days' notice of such intent; in the absence of
such notice, an affected Employee shall have the option to take his
vacation during the shutdown period or to be laid off during the shutdown
and to take his vacation at the previously scheduled time.
E. Any Employee otherwise entitled to vacation, pursuant to this Article Eight
in the calendar year in which he retires under the terms of any pension
agreement between the parties which makes him eligible for a special
initial pension amount, but who has not taken such vacation prior to the
date of such retirement, shall not be required to take a vacation in that
calendar year and shall not be entitled to vacation pay for that calendar
year.
F. The calendar week containing New Year's Day may be taken as a week of
vacation for either the year preceding New Year's Day or the year in which
New Year's Day falls, except when New Year's Day falls on Sunday, provided
such vacation week has been scheduled as vacation in accordance with this
Article Eight. If the Company in its sole discretion schedules a shutdown
of any operation during the calendar week containing Christmas Day, any
Employee who is not scheduled to work due to the shutdown in such week and
who has completed his vacation entitlement for that year may elect to
reschedule a week of vacation for which the Employee has qualified and will
be entitled in the following calendar year into the shutdown week;
provided, however, that vacation pay for such vacation week, calculated as
though the week were scheduled and taken in the next following year will be
paid on the regular payday for the pay period in which the shutdown
vacation falls; and provided further that no vacation pay for a vacation
rescheduled hereunder will be paid to an Employee who quits, retires, dies,
or is discharged prior to January 1 of the year from which the shutdown
vacation was rescheduled. In the application of this Subsection F, when the
basis for calculation of an Employee's vacation pay for the following
calendar year is not available, his vacation payment hereunder shall be
made on the basis for calculation of his vacation pay in the current
calendar year with appropriate adjustment to be made when the basis for the
following calendar year becomes available.
SECTION 7 - VACATION SCHEDULING
COMPLAINTS AND GRIEVANCES
A. It is recognized that the parties locally have the burden of resolving
complaints relating to the scheduling of individual vacations pursuant to
Section 5 and 6 of this Article Eight. Should they be unable to do so in
Step 1 of the complaint and grievance procedure provided in Article Eleven
- Adjustment of Complaints and Grievances - of this Agreement, any such
complaint must be referred to Step 2 not later than 15 days after
notification of the scheduled vacation (or changed scheduled vacation) is
given to the Employee.
B. Such complaint must be so handled in the complaint and grievance procedure
that the Step 2 meeting is held and a draft of minutes prepared not later
than 80 days prior to the starting date of the scheduled vacation; the Step
3 meeting is held and the written answer is prepared not later than 70 days
prior to the start of the scheduled vacation; and if necessary, the
decision in arbitration shall be issued by the earlier of: (1) 30 days
prior to the scheduled starting date of the vacation; or (2) 30 days prior
to the starting date requested by the Employee.
C. In the resolution of complaints or grievances initiated under this Section
7, the Company's determination as to the scheduling required to conform to
the requirements of operations shall be evaluated on the same basis as
heretofore.
SECTION 8 - VACATION PAY OR ALLOWANCE
A. Each Employee granted a vacation under this Article Eight will be paid at
his average rate of earnings per hour for the prior calendar year. Average
rate of earnings per hour (for the purposes of this Article Eight) shall be
computed by:
(1) Totaling (a) pay received for all hours worked including any
applicable Special Hourly Additive (total earnings including premium
for overtime, holiday, Sunday, and shift differential), (b) vacation
pay, including pay in lieu of vacation and (c) pay for unworked
holidays, and
(2) Dividing such earnings by the total of (a) hours worked, (b) vacation
hours paid for, including hours for which pay in lieu of vacation was
paid, and (c) unworked holiday hours which were paid for.
Such average rate of earnings will be adjusted to reflect intervening
general wage changes and retroactive pay adjustments, if any, for the
job or jobs performed or paid for.
B. Hours of vacation pay for each vacation week shall be the average hours per
week worked by the Employee in the prior calendar year. Any weeks not
having 32 hours of actual work shall be excluded from the calculation.
Average hours per week worked shall be computed by:
(1) Totaling the following hours in payroll weeks with 32 or more hours of
actual work: (a) Hours worked (b) Hours paid for unworked holiday or
vacation hours falling in such week (c) Hours paid for funeral leave
(d) Hours paid for jury service (e) Hours paid for witness service (f)
Hours excused from scheduled work and not paid for because of union
business, and
(2) Dividing such hours by the number of such weeks in which 32 or more
hours were worked.
The minimum number of hours paid for each week of vacation shall be 40 and
the maximum number of hours paid for each week of vacation shall be 48.
C. Effective January 1, 2001, a vacation bonus of two-hundred-fifty dollars
($250) per week will be paid to employees for each week of vacation taken
in the ten (10) consecutive calendar week period beginning with the first
full week following the calendar week containing New Year's Day.
D. Any Employee who did not work in the prior year shall have his vacation pay
computed on the basis of his last calculated vacation rate and hours,
adjusted in accordance with the last sentence of Subsection A of this
Section 8.
E. The definitions contained herein are designed for and shall be used
exclusively for the purpose of calculating vacation pay.
F. Vacation pay or vacation allowance shall be paid to each Employee in
advance of such Employee's vacation period.
G. In the case of a part-time Employee, as defined in Section 4 of Article
Seven - Holidays - of this Agreement, the average rate of earnings and
hours of vacation pay for each vacation week shall be computed in the same
manner as in Subsections A and B of this Section 8, except that the period
of time used shall be the last two completed and closed pay periods next
preceding his vacation; there shall be no exclusion of weeks having less
than 32 hours of actual work; and the minimum of 40 hours of pay for each
week of vacation shall not apply.
SECTION 9 - SCHEDULING
The Union and the Company agree that their mutual objective is to afford
maximum opportunity to the Employees to obtain their vacations and to attain
maximum production. All Employees eligible for vacation shall be granted their
vacation from work except as provided in Section 6, Subsection B, of this
Article Eight. Any payment of vacation allowance shall not require the Company
to reschedule the vacation of any other Employee.
ARTICLE NINE - SUSPENSION AND
DISCHARGE CASES
SECTION 1 - PROCEDURE - DISCHARGES
In the exercise of its rights as set forth in Article Fifteen - Management
- of this Agreement, the Company agrees that no Employee shall be peremptorily
discharged from and after the date hereof but that in all instances in which the
Company may conclude that an Employee's conduct may justify discharge he shall
be first provisionally discharged. Such provisional discharge shall be for not
more than 5 calendar days (excluding Saturdays, Sundays, and holidays). During
this period of provisional discharge the Employee may, if he believes that he
has been unjustly dealt with, request a hearing and a statement of the offense
before his Plant Superintendent or his representative with or without the member
or members of the Grievance Committee present as he may choose. Such hearing
shall be held within 5 calendar days (excluding Saturdays, Sundays, and
holidays) after the date of such request. If any such Employee shall not request
a hearing within the 5-day provisional discharge period his discharge shall
become final. The notice of provisional discharge shall be given in writing to
the Employee affected and his grievance committeeman.
At any such hearing the facts concerning the case shall be made available
to both parties. After such hearing, the Company shall conclude within 5
calendar days (excluding Saturdays, Sundays, and holidays) whether the discharge
shall become final or, dependent upon the facts of the case, that such discharge
shall be revoked. If the discharge is revoked the Employee shall be returned to
employment and receive compensation on the basis of an equitable lump sum
payment mutually agreed to by the parties or, in the absence of agreement, shall
be made whole in the manner set forth below, unless it is agreed by the parties
hereto that such Employee shall be disciplined without pay as a condition of
such revocation. If the discharge of the Employee is affirmed, the Employee may
within 5 calendar days (excluding Saturdays, Sundays, and holidays) after such
disposition, file a grievance at Step 2 of the procedure for adjustment of
complaints and grievances set forth in Article Eleven of this Agreement and such
grievance shall thereafter be handled in accordance with the provisions of such
Article Eleven and Appendix D of this Agreement. If any such Employee shall not
file a grievance within such 5-day period, his discharge shall become final.
Grievances involving discharge which are appealed to arbitration shall be
docketed, heard, and decided within 60 days of appeal, unless the arbitrator
determines that circumstances require otherwise and so notifies the parties.
Such grievances shall be identified by the Union as discharge grievances in the
appeal to arbitration.
Final decision on all discharge cases shall be made by the Company within 5
calendar days (excluding Saturdays, Sundays, and holidays) from the date of
filing of the grievance, if any. Should it be determined by the Company or by an
arbitrator in accordance with Article Eleven - Adjustment of Complaints and
Grievances - or Appendix D of this Agreement that the Employee has been unjustly
discharged, the Company shall reinstate the Employee and make him whole for the
period of his suspension or discharge, which shall include providing him such
earnings and other benefits as he would have received except for such suspension
or discharge, and offsetting such earnings or other amounts as he would not have
received except for such suspension or discharge. In suspension and discharge
cases only, the arbitrator may, where circumstances warrant, modify or eliminate
the offset of such earnings or other amounts as would not have been received
except for such suspension or discharge.
SECTION 2 - SUSPENSIONS
Suspensions of more than 4 days shall be handled in accordance with the
procedure outlined in Section 1 above and Appendix D. Suspensions of 4 days or
less shall be entered directly in the complaint and grievance procedure and
processed in accordance with such procedure and Appendix D.
In all cases of suspension of one day or more, a notice of such suspension
shall be given promptly in writing to the Employee affected and his grievance
committeeman.
SECTION 3 - PERSONAL REPORTS
When a personal report is written concerning an Employee, and after the
Employee has initialed the report to indicate receipt of same, a copy of that
report will be given to the Employee.
Personal reports of previous disciplinary action against the Employee
involved will not be used by the Company in any arbitration proceeding where the
disciplinary action occurred two or more years prior to the date of the event
which is the subject of such arbitration. This section does not apply to the
type of disciplinary report specifically dealt with in Section 5 of Article
Twelve.
SECTION 4 - UNION REPRESENTATION
Any Employee who is summoned to meet in the office of a supervisor for the
purpose of discussing possible disciplinary action against such Employee shall
be entitled to be accompanied by his grievance committeeman or his departmental
representative if he requests such representation, provided such representative
is then available.
SECTION 5 - TEMPORARY XXXXXXX
An Employee assigned as a temporary xxxxxxx will not issue discipline to
Employees, provided that this provision will not prevent a temporary xxxxxxx
from relieving an Employee from work for the balance of the turn for alleged
misconduct. An Employee will not be called by either party in the grievance
procedure or arbitration to testify as a witness regarding any events involving
discipline which occurred while the Employee was assigned as a temporary
xxxxxxx.
ARTICLE TEN - SENIORITY
SECTION 1 - PROMOTIONS AND LAYOFFS
The parties recognize that promotional opportunity and job security in
event of promotions, decrease of forces, and recalls after layoffs should
increase in proportion to length of continuous service, and that in the
administration of this Section the intent will be that wherever practicable full
consideration shall be given continuous service in such cases.
Except where a local seniority agreement provides for some greater measure
of service length than plant continuous service, plant continuous service
(hereinafter plant service) shall be used for all purposes in which a measure of
continuous service is utilized.
Employees hired by Maverick on or after the Closing shall have the
seniority each had under the USWA/LTV labor agreement as of the day before
Closing.
In recognition, however, of the responsibility of Management for the
efficient operation of the plant, it is understood and agreed that in all cases
of:
(1) Promotion (except promotions to positions excluded from the bargaining unit
set forth in this Agreement, the following factors as listed below shall be
considered; however, only where factors (a) and (b) are relatively equal
shall length of continuous service be the determining factor: (a) ability
to perform the work, (b) physical fitness, (c) continuous service.
(2) Decrease in forces or recalls after layoffs, the following factors as
listed below shall be considered; however, only where both factors (a) and
(b) are relatively equal shall continuous service be the determining
factor: (a) ability to perform the work, (b) physical fitness, (c)
continuous service.
Nothing in this Section shall prevent Plant Management and the Grievance
Committee from mutually agreeing to fill an equal or lower job in a promotional
sequence with a senior Employee; nor from executing an agreement in writing to
provide an opportunity to any Employee displaced in the course of a reduction of
forces from exercising his seniority to the extent appropriate to obtain a job
paying higher earnings; provided such Employee is otherwise qualified with
respect to relative ability to perform the work and relative physical fitness as
provided above. Plant Management and the Grievance Committee may mutually agree
to provide training for Employees disabled in the plant and to assign them to
vacancies for which they are qualified on the basis of such seniority
arrangements as they may determine.
SECTION 2 - UNITS
The existing seniority units, departments, job progression and regression
charts and rules and regulations governing their application, to which the
factors referred to in Section 1 of this Article Ten shall be applied, have been
mutually agreed upon by Plant Management and the Grievance Committee. Such
agreements shall remain in effect unless and until modified by local written
agreement signed by Management and the Chairman and Secretary of the Grievance
Committee of the Local Union. Local seniority agreements in effect as of the
date of this Agreement shall be consistent with Consent Decree 1. Hereafter all
future local seniority agreements shall provide that; all promotions (including
step-ups), decreases in forces (including demotions and layoffs), recalls after
layoff and other practices affected by seniority shall be in accordance with
plant service, provided that (a) demotions, layoffs and other reductions in
force shall be made in descending job sequence order starting with the highest
affected job and with the Employee on such job having the least length of plant
continuous service, and (b) the sequence on a recall shall be made in the
reverse order so that the same Employees return to jobs in the same positions
relative to one another that existed prior to the force reductions. Future local
agreements may provide for a procedure varying from the foregoing upon joint
approval by designated officials of the Company and the International Union.
Hereafter, local seniority agreements, including agreements covering departments
or units thereof, shall be signed on behalf of the Union by the Chairman and
Secretary of the Grievance Committee of the Local Union, and shall be posted in
the plant.
Provided, however, the parties agree after Closing to negotiate with the
purpose of reaching mutual agreement with respect to reducing the number of
departments and units and streamlining job progression and regression charts.
In any case in which local agreement cannot be consummated as to the
seniority unit in which a new job or new jobs, including those in new, merged or
transferred operations, are to be placed, or the rules for application of the
seniority factors to such jobs (including the appropriate progression and
regression structure), Management shall include such job or jobs in the most
appropriate seniority unit or, if more appropriate, establish a new seniority
unit, and establish rules for application of the seniority factors to such jobs
(including its determination of the appropriate progression and regression
structure), subject to the complaint and grievance procedure of this Agreement.
SECTION 3 - CONTINUOUS SERVICE RECORD
The continuous service record of any Employee shall be determined as
follows:
(a) Each present Employee shall have such continuous service record as is shown
on the employment records of the Company for such Employee, and he shall
accumulate additional continuous service in accordance with Subparagraph
(c) below, until his continuous service record shall be broken in which
event his continuous service record shall end and be cancelled. All
continuous service dates posted pursuant to Section 3 of Article Eleven -
Seniority - of the April 30, 1947 Agreement and about which no grievance
was filed as therein provided shall continue to be conclusively considered
as correct.
(b) Each new Employee and each person rehired after the cancellation of his
continuous service record shall accumulate continuous service from the date
of such hiring or rehiring, as the case may be, in accordance with
Subparagraph (c) below, until his continuous service record is broken, in
which event his continuous service record shall end and be cancelled.
(c) The rules of determining a break in a continuous service record, which were
first adopted at each separate unit on the date of its first labor
agreement and as subsequently amended in the respective labor agreements
since that time, and which shall have no application at each separate unit
prior to that respective time, shall continue to be used to determine the
occurrence of a break in a continuous service record prior to August 1,
1968. From August 1, 1968, forward, the following rules shall be used to
determine a break in a continuous service record:
(1) Voluntarily quitting the service;
(2) Discharge from the service, provided that if the Employee is rehired
within 6 months the break in continuous service shall be removed;
(3) Termination in accordance with Article Fourteen Severance Allowance;
(4) Absence in excess of 2 years, except as provided in Subparagraph (c)
(5) below; or
(5) Absence due either to layoff or physical disability, or both, which
continued beyond the period specified in this Subparagraph (c) (5). If
an Employee is absent because of layoff or nonoccupational physical
disability, or both, in excess of two years, he shall continue to
accumulate continuous service during such absence for an additional
period equal to (i) 3 years, or (ii) the excess, if any, of his length
of continuous service at commencement of such absence over 2 years,
whichever is less. Any accumulation in excess of 2 years during such
absence shall be counted, however, only for purposes of this Article
Ten, including local agreements thereunder, and shall not be counted
for any other purpose under this or any other agreement between the
Company and the International Union. In order to avoid a break in
service within the above period after an absence in excess of 2 years,
an Employee absent because of layoff or nonoccupational physical
disability, or both, must report for work promptly upon termination of
either cause, provided, in the case of layoff, the Company has mailed
a recall notice to the last address furnished to the Company by the
Employee. An Employee absent because of a compensable disability
incurred during the course of employment shall accumulate continuous
service, provided such person is returned to work within 30 calendar
days after the end of the period for which he is unemployed and for
which workers' compensation is payable to him.
SECTION 4 - PROBATIONARY EMPLOYEES
New Employees and those hired after a break in continuity of service will
be regarded as probationary Employees for the first 720 hours of actual work and
will receive no continuous service credit during such period. For all such
employees hired after November 15, 2000, the probationary period will be one
thousand (1,000) hours. Probationary Employees may initiate complaints under
this Agreement but may be laid off or discharged as exclusively determined by
Management; provided that this will not be used for purposes of discrimination
because of race, color, religious creed, national origin or sex or because of
membership in the Union. Probationary Employees continued in the service of the
Company subsequent to the first 720 (or one thousand (1000)) hours of actual
work shall receive full continuous service credit from date of original hiring.
Where a probationary Employee is relieved from work because of lack of work and
his employment status terminated in connection therewith, and he is subsequently
rehired at the same plant within one year from the date of such termination, the
hours of actual work accumulated by such probationary Employee during his first
employment shall be added to the hours of actual work accumulated during his
second employment in determining when the Employee has completed 720 (or one
thousand (1000)) hours of actual work; provided, however, that should such an
Employee complete 720 (or one thousand (1000)) hours of actual work in
accordance with this sentence, his continuous service date will be the date of
hire of his second hiring. If, however, such an Employee is rehired within two
weeks of his last termination from employment at the same plant, his continuous
service date will be the date of hire for his prior employment.
SECTION 5 - INTERPLANT AND
INTERPLANT TRANSFERS
It is recognized that conflicting seniority claims among Employees may
arise when plant or department facilities are created, expanded, added, merged,
or discontinued, involving the possible transfer of Employees. It is agreed that
such claims are matters for which adjustment shall be sought between Management
and the appropriate grievance representatives of committees.
In the event the above procedure does not result in agreement, the
International Union and the Company may work out such agreements as they deem
appropriate irrespective of existing seniority agreements or may submit the
matter to arbitration under such conditions, procedures, guides and stipulations
as to which they may mutually agree.
SECTION 6 - TEMPORARY VACANCIES
In the case of a temporary vacancy exceeding 5 days involving temporary
reassignment of Employees within a seniority unit, the Company shall, to the
greatest degree consistent with efficiency of the operation and safety of
Employees, fill such vacancy by assigning thereto the Employee whose continuous
service or progression chart standing entitles him to the next consideration for
promotion to such job. Any time spent in filling such temporary vacancy of 5
days or less shall not be used to the detriment of himself or of other Employees
when making a selection to fill a permanent vacancy.
SECTION 7 - DISTRIBUTION OF WORK
In the event a decrease of work, other than decreases which may occur from
day to day, results in the reduction to an average of 32 hours per week for the
Employees in the seniority unit and a further decrease of work appears imminent,
which in the Company's judgment may continue for an extended period and will
necessitate a decrease of force or a reduction in hours worked for such
Employees below an average of 32 hours per week, the Management of the plant and
the Grievance Committee will confer in an attempt to agree as to whether a
decrease of force shall be effected in accordance with this Article Ten or the
available hours of work shall be distributed as equally among such Employees as
is practicable with due regard for the particular skills and abilities required
to perform the available work. In the event of disagreement, Management shall
not divide the work on a basis of less than 32 hours per week.
SECTION 8 - FILLING OF VACANCIES
A. When a vacancy (other than a temporary vacancy) develops, or is expected to
develop, in the promotional line in any seniority unit, Management shall,
to the greatest degree practicable, post notice of such vacancy or expected
vacancy, or job assignments where such is the present practice, for such
period of time, in such manner, and at such places as may be appropriate at
the plant.
B. Employees in the seniority unit who wish to apply for such vacancy or
expected vacancy may do so in writing in accordance with rules developed by
Management at the plant.
C. (1) A permanent vacancy on an entry level job in department-wide
competition shall be brought to the notice of all Employees within the
department in accordance with administrative rules presently in effect
or as may be mutually changed by Plant Management and the Chairman and
Secretary of the Grievance Committee. Where necessary such notice
shall be posted and, in any event, the rules developed shall insure
complete and adequate notice to all affected Employees of (a) the
vacancies and, subsequently, (b) the Employees selected, including
their plant continuous service dates.
(2) A permanent vacancy on an entry level job in plant-wide competition
shall be posted on a plant-wide basis in accordance with
administrative rules presently in effect or as may be mutually changed
by Plant Management and the Chairman and Secretary of the Grievance
Committee, as to location of posting, duration of posting period,
method of bidding, period for selection, notice of selection, and
method or procedure for contesting a selection. Such rules shall
require that (a) the notice of vacancy posted shall indicate the
department, job title, job class, estimated number of Employees
needed, date of posting, and the time and location where bids can be
filed for the vacancy involved, (b) the bids shall be in writing, and
(c) the subsequent notice of the prevailing bidders shall indicate
their plant continuous service dates.
(3) A permanent vacancy may be filled by temporary assignments in
accordance with applicable seniority agreements until such time as the
prevailing bidder is selected and assigned.
D. Management shall, if in its judgment there are applicants qualified for
such vacancy or expected vacancy, fill same from among such applicants in
accordance with the provisions of Sections 1 and 2 of this Article Ten.
E. The term "entry level job" refers to the job or jobs in a seniority unit or
line of promotion in which permanent vacancies remain after all Employees
with incumbency status in such unit or line have exercised their
promotional and other seniority rights.
SECTION 9 - UNION OFFICERS
When Management decides that the work force in any seniority unit in the
plant is to be reduced, the member of the plant Grievance Committee, if any, in
that unit shall, if the reduction in force continues to the point at which he
would otherwise be laid off, be retained at work and for such hours per week as
may be scheduled in the work area in which he is employed, provided he can
perform the work of the job to which he must be demoted. The intent of this
provision is to retain in active employment the plant grievance committeemen for
the purpose of continuity in the administration of the labor agreement in the
interest of Employees so long as a work force is at work; provided that no
grievance committeeman shall be retained in employment unless work which he can
perform is available to him in the designated work area which he represents. The
Local Union shall designate and advise the Company of such area of
representation.
This provision shall apply also to the Employees who hold the office of
Unit Chair, President and Vice President in the Local Union in which the
Employees of the plant are members.
SECTION 10 - LEAVES FOR UNION BUSINESS
Leaves of absence for the purpose of accepting positions with the
International or Local Union shall be available to a reasonable number of
Employees. Adequate notice of intent to apply for leave shall be afforded local
Plant Management to enable proper provision to be made to fill the job to be
vacated.
Leaves of absence for the purpose of accepting other than temporary
positions with the International Union shall be for a period not in excess of 2
years. Leaves of absence may be extended for an additional period equal to (i) 3
years, or (ii) the excess, if any, of an Employee's length of continuous service
at commencement of the leave of absence over 2 years, whichever is less;
provided, however, that any accumulation of continuous service in excess of 2
years from the commencement of the leave of absence shall be counted only for
purposes of this Article Ten - Seniority - of this Agreement, including local
agreements thereunder, and shall not be counted for any other purpose under this
or any other agreement between the Company and the International Union.
Leaves of absence for the purpose of accepting a temporary position with
the International Union shall be for a period of 6 months and the accumulated
periods of such temporary absences shall be considered for purposes of
determining the maximum leave of absence available to an Employee as set forth
above; provided, however, in no event shall an Employee be entitled to more than
2 years of cumulative leaves of temporary absence.
Leaves of absence for the purpose of accepting an elective office with the
Local Union shall be for a period not in excess of 3 years and may be renewed
for further periods of 3 years each.
SECTION 11 - CONTINUOUS SERVICE LISTS
The Company shall make available to the Local Union lists showing the
relative continuous service of each Employee in each seniority unit. Such lists
shall be revised by the Company from time to time, as necessary, but at least
every 6 months, to keep them reasonably up to date. Except as provided in
Section 3 of this Article Ten, the seniority rights of individual Employees
shall in no way be prejudiced by errors, inaccuracies, or omissions in such
lists.
SECTION 12 - SENIORITY POOLS
A. Purpose
The purpose of this Section 12 is to increase intra-plant job security for
longer service Employees. The application of seniority provisions other
than those established under this Section 12 to jobs in a seniority unit
shall not be affected by the inclusion of such jobs in the pool except to
the extent necessary to comply with the provisions of this Section 12.
B. Establishment of Seniority Pools
It is the objective of the parties that there shall be at the plant the
minimum number of seniority pools as described below consistent with the
efficient operation of the plant. As a minimum, the agreed-upon area
covering a single seniority pool in each case shall be as broad as
practicable and in no event shall be less than a major operating unit such
as Blast Furnace, Coke Plant, Open Hearth, etc.; however, rolling
facilities need not necessarily be considered as one unit but shall
nevertheless be as broad as practicable. For this plant the area shall be
as broad as practicable but shall in no event be less than a substantial
portion of the plant.
Each seniority pool within an agreed-upon area as established or revised
pursuant to the above objectives shall be regarded as being a single seniority
pool for the purposes of layoff and recall. Each such pool shall be made up of
all jobs in Job Classes 1, 2, and 3, and such jobs in Job Class 4 or higher as
shall be agreed upon by the local parties. The number of jobs in Job Class 4 or
higher to be included in the pool shall be no less than the total number of Job
Class 4 jobs in the agreed-upon area. The job opportunities provided by the jobs
in Job Class 4 or higher included in the pool as of the pay period including the
90th day after the effective date of this Agreement shall be approximately
equivalent to the job opportunities provided by all Job Class 4 jobs in the
agreed-upon area as of such date. If a particular job required to be included in
the pool by the foregoing provisions is inappropriate for inclusion in the pool,
the local parties may agree to remove it from the pool provided that another
suitable job (or jobs) is concurrently added to the pool which does not reduce
significantly the number of job opportunities provided by the job which was
removed from the pool. The jobs in the pool shall also be included in
appropriate seniority units for the application of seniority provisions other
than those included in this Section 12.
C. Operation of a Seniority Pool
An Employee who, at the time he is or otherwise would be laid off, has 2 or
more years of plant continuous service shall be assigned to a job for which
he is qualified in his seniority pool, if a job in his seniority pool is
held by an Employee having less plant continuous service; provided,
however, that Management shall not be required to assign him to any such
job before the expiration of 30 days (or such shorter period as may have
been heretofore agreed upon by the local parties) after the date of his
layoff. In filling other than temporary vacancies in jobs in any seniority
pool, Management will recall Employees laid off from the seniority units
covered by the pool in the order of their plant continuous service;
however, the Employee must be qualified to perform the job. Where
practicable, however, Management will make a reasonable effort to assign,
on the basis of plant continuous service, an Employee laid off from his
seniority unit to a pool job he prefers which is not held by an Employee of
that unit. However, Management shall have the right to the extent
necessary, to designate the specific job in any pool to which an Employee
shall be assigned (and to change such assignments) in order to provide jobs
for longer service Employees who would otherwise be unable to qualify for
an available job in the pool. In order to maintain efficiency, Management
need not assign laid-off Employees to a job in any operating or service
unit where such assignment would result in less than the required minimum
of experienced Employees in such unit. The local parties may by agreement
determine whether there are circumstances under which an Employee need not
accept a pool job.
D. Operation of Multiple Seniority Pools
If there is established more than one agreed-upon area as defined in
Subsection B above, the following shall apply; in the event of a permanent
shutdown as defined in Article Fourteen - Severance Allowance - or layoff
of one or more Employees for a period which extends for 6 months or more or
which the parties believe will extend for such a period, an Employee
affected who has 2 or more years of plant continuous service at time of
layoff shall be given the right to a job in any seniority pool in the plant
if a job in that pool is held by an Employee with less plant service
provided he is qualified to perform the job. Such assignments to jobs shall
be subject to the same rules as apply in Subsection C above. An Employee
who has been assigned to a job in a different seniority pool under this
provision and who has been subsequently laid off from that pool shall have
recall rights to that pool until he is recalled to a job in the agreed-upon
area from which he was originally laid off; provided, however, that such
recall rights shall be limited to his own pool and the last pool from which
he was laid off; and provided, further, that the Company shall not be
required under this Subsection D to displace a shorter service Employee
with such laid-off Employee before the expiration of 30 days after the date
of any such layoff.
E. Retention Rights
An Employee assigned under any pool arrangement to a seniority unit for
purposes of retention shall have no seniority rights for promotional
purposes in that unit, except in competition with an Employee in such unit
who has been employed less than 31 days prior to the retained Employee's
assignment in that seniority unit.
F. Miscellaneous
(1) Employees shall be recalled directly to jobs in their seniority units
or promotional sequences above the seniority pool, if that is in
accord with applicable seniority practices or agreements.
(2) If the Company recalls the wrong Employee from a layoff to a job in a
pool, it will not be liable for any retroactive pay to the Employee
who should have been recalled with respect to any period prior to 4
days or the beginning of the workweek, whichever is later, after
receipt by the Company of specific written notice by him (on a form to
be provided therefor) of its alleged error.
(3) If the local parties deem it helpful in facilitating the assignment of
Employees in the pool, they are empowered to agree in writing that
schedule changes arising from movements of Employees into, within or
out of the seniority pools in accordance with the provisions of this
Section 12 shall be deemed not to be, even though it otherwise would
be, a violation of the provisions relating to schedule changes and
shall not provide a basis for a claim for sixth or seventh day
overtime compensation or reporting allowance.
SECTION 13 - XXXXXXX OF NEW FACILITIES
A. In the xxxxxxx of jobs on new facilities in the plant, the jobs shall be
filled by qualified Employees who apply for such jobs in the order of
length of plant continuous service from the following categories in the
following order but subject to the other provisions of this Section 13:
(1) Employees displaced from any facility being replaced in the plant by
the new facilities;
(2) Employees being displaced as the result of the installation of the new
facilities;
(3)Employees presently employed on like facilities in the plant;
(4) Employees presently on layoff from like facilities in the plant;
(5) Employees in the plant with 2 or more years of plant continuous
service, provided that if sufficient qualified applicants from this
source are not available, Management shall fill the remaining
vacancies as it deems appropriate.
B. The local parties shall meet to seek agreement on the standards to be used
to determine the qualifications entitling Employees otherwise eligible to
be assigned to the jobs in question. It shall be the objective of such
meetings to reach agreements on xxxxxxx which reflect the parties' mutual
intent to facilitate efficient xxxxxxx and preserve job security for longer
service Employees.
C. Should the local parties fail to agree on the standards for determining
qualifications, an applicant otherwise eligible shall have:
(1) The necessary qualifications for performing the job.
(2) The ability to absorb such training for the job as is to be offered as
is necessary to enable the Employee to perform the job satisfactorily.
(3) The necessary qualifications to progress in the promotional sequence
involved to the next higher job to the extent that Management needs
Employees for such progression. In determining the necessary
qualifications to advance in the promotional sequence involved, the
normal experience acquired by Employees in such sequence shall be
taken into consideration. However, it is recognized that Management
can require that a sufficient number of occupants of each job in a
promotional sequence be available to assure an adequate number of
qualified replacements for the next higher job.
D. An applicant who is disqualified under Subsection C above shall have the
right to apply for another job for which he believes he can qualify.
E. When new facilities are to be manned pursuant to this Section 13, the local
parties shall meet and may establish, in appropriate circumstances, rules
for allowing an Employee not placed initially a second opportunity to elect
transfer to the new facility consistent with its efficient operation. In
establishing such rules, the local parties shall consider matters such as:
(1) The job level in the promotional sequence in the new unit up to which
an Employee will be allowed a second opportunity to elect transfer.
(2) The date on which the second opportunity must be exercised following
start-up of the new facility, but not more than 3 years thereafter.
(In determining such date, the parties shall give due consideration to
possible Management abandonment of the old facility or an extended
period of its nonuse).
In lieu of or in addition to the foregoing, the local parties may develop a
method for filling permanent vacancies in the new facility between the time
of initial xxxxxxx and the final election to transfer.
F. Should Management deem it necessary to assign an Employee to his regular
job on the old facility in order to continue its efficient operation, it
may do so on the basis of establishing such Employee on the new job and
temporarily assigning him to his former job until a suitable replacement
can be trained for the job or its performance is no longer required. In
such event, such Employee shall be entitled to earnings not less than what
he would have made had he been working on the job on which he has been
established.
G. Where new facilities replace facilities of more than one plant in the same
general locality, appropriate representatives of the Company and the
International Union shall meet in conjunction with the local parties for
the purpose of seeking an agreement on xxxxxxx consistent with the parties'
mutual intent to facilitate efficient xxxxxxx and preserve job security for
longer service Employees. In such situations, Company service may be
considered in addition to plant service.
SECTION 14 - PERMANENT VACANCIES
AND TRANSFER RIGHTS
Permanent transfers shall not be made through the operation of the pool
procedures. An Employee who is assigned under a pool arrangement to a unit for
purposes of retention shall not be able to effectuate a permanent transfer to
that unit by refusing a recall to his home unit. (However, nothing contained
herein shall preclude such an Employee from effectuating a permanent transfer by
bidding for a permanent vacancy in such a unit or any other unit. Moreover,
nothing contained herein shall affect the rights of such Employees under a
permanent shutdown situation). In addition such a retained Employee shall have
only such promotional rights in the unit to which he is assigned for retention
purposes as are provided for by Subsection E of Section 12 of this Article Ten.
(a) Subject to the exception provided by Paragraph (c) below for entry into
trades and crafts, a three-step procedure for filling permanent vacancies
shall be retained as presently agreed to. A permanent vacancy shall be
filled from within the first step of competition (whether it be unit, line
of progression, etc.). Each succeeding vacancy shall be filled in the same
manner, and the resulting vacancy in the entry level job shall thereafter
be filled on a departmental basis (the second step of competition) by
Employees with at least six months of plant service on the date the vacancy
is posted or such lesser period as has been mutually agreed to by the local
parties. Resulting entry level departmental vacancies shall be filled on a
plant-wide basis (the third step of competition) by Employees with at least
six months of plant service on the date the vacancy is posted or such
lesser period as has been mutually agreed to by the local parties.
(b) However, where operating circumstances so warrant (such as size, geography,
job relationships, physical proximity, safety, and other appropriate
factors), a two-step procedure for filling permanent vacancies shall be
retained as presently agreed to. Under a two-step procedure, a permanent
vacancy shall be filled from within the first step of competition (whether
it be unit, line of progression, department, etc.). Each succeeding vacancy
shall be filled in the same manner, and the resulting vacancy in the entry
level job shall thereafter be filled on a plant-wide basis by Employees
with at least six months of plant service on the date the vacancy is posted
or such lesser period as has been mutually agreed to by the local parties.
(c) As an exception to the procedures for filling vacancies provided for by
Paragraph (a) above, all permanent vacancies in apprenticeships and in
entry level jobs in lines of promotion containing occupations which in fact
lead to craft jobs shall be filled on a plant-wide basis from among
qualified bidding Employees. Similarly, permanent vacancies in craft jobs
which are not filled by the promotion or assignment of apprenticeship
graduates, or by the promotion of an Employee from a non-craft job in a
line of promotion leading to a craft job, or by the transfer of a craft
Employee from one unit to another within the same trade or craft shall be
filled on a plant-wide basis from among qualified bidding Employees. An
Employee shall not be disqualified for bidding on any such vacancy by
reason of any minimum length of service requirement. Should Management deem
it necessary to retain an Employee on his former job in order to continue
efficient operation, it may do so on the basis of establishing such
Employee on the new job and temporarily assigning him to his former job
until a suitable replacement can be trained for the job or its performance
is no longer required. In such event, such Employee shall be entitled to
earnings not less than what he would have made had he been working on the
new job on which he has been established and, where applicable, shall be
paid as though such hours were credited to any apprenticeship.
(d) Vacancies shall be made available in accordance with the seniority factors
set forth in Section 1 of this Article Ten subject to the following:
(1) An Employee must be qualified to perform the job.
(2) With respect to entry level jobs classified at Job Class 5 and below
that are filled on a departmental or plant-wide basis, such jobs shall
be filled from among qualified bidding Employees in order of length of
plant continuous service, subject, however, to Subparagraph (3) below.
(3) With respect to jobs in promotional sequences leading to trade or
craft or special-purpose maintenance jobs or to highly skilled
operating or technical jobs, Management may require an Employee to
have the necessary qualifications to progress in the promotional
sequence involved to the next higher job to the extent that Management
needs Employees for such progression. In determining the necessary
qualifications to advance in the promotional sequence involved, the
normal experience acquired by Employees in such sequence shall be
taken into consideration. However, it is recognized that Management
can require that a sufficient number of occupants of each job in a
promotional sequence be available to assure an adequate number of
qualified replacements for the next higher job.
(e) If an Employee accepts transfer under this Section 14, his continuous
service in the unit from which he transfers will be cancelled 30 days after
such transfer; provided, however, that during such 30-day period such
Employee may voluntarily return to the unit from which he transferred or
Management may return him to that unit because he cannot fulfill the
requirements of the job. In the event an Employee accepts transfer under
this Section 14, he may not again apply for transfer during the period of 6
months after such transfer. In the event an Employee refuses a transfer
under this Section 14 after applying therefor or voluntarily returns to the
unit from which he transferred, he may not again apply for transfer to such
unit during the period of 6 months after such event.
(f) Where a job sequence or line of progression includes jobs in the pool, such
pool jobs in that job sequence or line of progression shall be considered
as a single job in filling permanent vacancies above the pool.
SECTION 15 - VETERAN LIMITATION
All of the provisions of this Article Ten are subject to, and limited by,
the rights of Employees returning from military service of the United States
with statutory reemployment rights and Article Thirteen - Employees in military
service - of this Agreement.
ARTICLE ELEVEN - ADJUSTMENT OF
COMPLAINTS AND GRIEVANCES
SECTION 1 - PURPOSE AND DEFINITIONS
A. The purpose of this Article is (1) to provide opportunity for discussion of
any complaint and (2) to establish procedures for the processing and
settlement of complaints or grievances as defined in Subsection B of this
Section.
All complaints and grievances shall be handled and disposed of solely in
accordance with the procedures prescribed in this Agreement.
B. (1) "Grievance," as used in this Agreement, is limited to a complaint of an
Employee which involves the interpretation or application of, or compliance
with, the provisions of this Agreement.
(2) "Day", as used in Section 2, Subsection A, of this Article Eleven,
shall mean calendar day, but shall not include any Saturday, Sunday,
or holiday unless otherwise indicated herein.
(3) "Complaint" as used in this Agreement, shall be interpreted to mean a
request or complaint.
SECTION 2 - COMPLAINT AND
GRIEVANCE PROCEDURE
A. Processing of Complaints and Grievances
STEP 1 (ORAL). Any Employee who believes that he has a justifiable
complaint shall discuss the complaint with his Xxxxxxx as promptly as
possible after the date of the facts or events upon which such alleged
complaint is based shall have existed or occurred. The Xxxxxxx shall have
initial responsibility for resolving the complaint, with or without the
Union representative for his plant area being present, as the Employee may
elect, in an attempt to resolve same. However, any such Employee may
instead, if he so desires, report the matter directly to his Union
representative and in such event the Union representative, if he believes
the complaint merits discussion, shall take it up with the Employee's
Xxxxxxx in a sincere effort to resolve the problem. The Employee involved
shall be present in such discussion unless otherwise agreed by the Xxxxxxx
and the Union representative.
If the Xxxxxxx and the Union representative, after full discussion in a
meeting, feel the need for aid in arriving at a solution, they may by
agreement invite such additional Company or Union representatives or
witnesses from the plant as may be necessary and available to participate
in further discussion at a mutually convenient time. Such additional
participants shall not relieve the Xxxxxxx and the Union representative
from responsibility for solving the complaint. The Xxxxxxx shall have
authority to resolve the complaint. The Union representative shall have
authority to settle, withdraw, or refer the complaint as provided below.
If the complaint concerns only the individual or individuals involved, and
its resolution will have no effect upon the rights of other Employees, the
individual or individuals involved may effectively request that the matter
be dropped. If no such request is made, the Union representative shall have
authority to resolve, withdraw, or refer the complaint as provided below.
The foregoing procedure of direct communication and discussion should
result in a full disclosure of facts and a fair and speedy resolution of
most of the complaints arising our of day-to-day operations of the plant.
The resolution of a complaint in Step 1 shall be without prejudice to the
position of either party.
Whenever the Union representative concludes that further discussion of the
complaint cannot contribute to its resolution the Xxxxxxx shall be so
notified. Upon such notice the Xxxxxxx shall have not more than 3 days to
give his oral response to the complaint.
If a complaint is not resolved in Step 1, the Xxxxxxx and the Union
representative may refer it to Step 2 by jointly completing within 3 days
of the Xxxxxxx'x oral response an Employee Complaint Appeal Form which
shall include, among other items, the signatures of the Union
representative and the Employee and the date signed. Upon completion of
such form, the parties shall sign and date the form and two copies of the
completed form shall be returned to the Union representative.
STEP 2 (WRITTEN). A complaint received in Step 2 shall be discussed in an
attempt to settle the complaint at a mutually convenient time between the
Grievance Committee along with the Local Union President (if he so desires)
and the Plant Superintendent or his representative but not later than 7
days from the referral from Step 1. The Chairman of the Grievance Committee
and the Plant Superintendent or his representative (who has thorough
knowledge of the complaint and authority to make a settlement) shall be
responsible for conducting the Step 2 hearing.
Other Step 2 participants shall include, unless otherwise agreed, the
involved Grievance Committeeman, Employee and Xxxxxxx, and, by agreement,
other Employees who may be called as witnesses. Such additional
participants shall not relieve the Chairman of the Grievance Committee and
the Plant Superintendent or his representative from responsibility for
resolving the complaint. The Plant Superintendent or his representative
shall have the authority to resolve the complaint. The Chairman of the
Grievance Committee shall have the authority to resolve or withdraw the
complaint.
Whenever either party concludes that the discussion of the complaint in
Step 2 cannot contribute to its settlement, not later than 10 days from the
date of referral to Step 2, the other party shall be so notified. Upon such
notice the Plant Superintendent or his representative shall give his oral
response to the complaint. The resolution of a complaint in Step 2 shall be
without prejudice to the position of either party. If the complaint is
settled in Step 2, the Employee Complaint Appeal Form shall be so noted by
the signature of the Step 2 representatives and the date thereof.
If the complaint is not settled in Step 2, in order to be otherwise
eligible for appeal to Step 3 as a grievance, minutes of the Step 2
discussion shall be developed as provided below. In the interest of
settling grievances at plant level, the facts and positions relied on by
each party shall be fully set forth.
Minutes of all Step 2 grievance meetings shall be prepared by the Company
representative, within 7 days of the Company Step 2 oral response, jointly
signed by him and the Chairman or Secretary of the Grievance Committee. If
the Chairman or Secretary of the Grievance Committee shall disagree with
the accuracy of the minutes as prepared by the Company, he shall set forth
and sign his reasons for such disagreement and the minutes, except for such
disagreement, shall be regarded as agreed to. Minutes shall be typed and
shall conform essentially to the following outline:
(a) Date and place of meeting.
(b) Names and positions of those present.
(c) Identifying number and description of each grievance discussed
(suitable identifying and numbering systems for grievances shall be
adopted by mutual agreement in the plant).
(d) Background information and facts.
(e) Statement of Union position. Any contract provisions cited at this
step and reasons therefore precedential grievances and/or awards of
the arbitrator cited, supporting evidence and arguments. To insure
accuracy, this may be submitted by the Union in writing.
(f) Statement of Management position. Full response to all claims, points
of evidence, testimony and arguments presented by the Union.
Management testimony and evidence, including precedential grievances
and/or awards of the arbitrator.
(g) Summary of the discussion
(h) Decision reached.
(i) Statement as to whether decision accepted or rejected.
Compliance with the foregoing outline shall be required only to the extent
that such information is not already a part of the written grievance
record.
If Management's decision in Step 2 is not appealed to Step 3 within the
prescribed time limit, the grievance shall be considered settled on the
basis of such decision and shall not be eligible for further appeal. In
exceptional cases, however, where the Union can satisfactorily demonstrate
that the failure of the Union representative charged with the
responsibility for such appeal was caused by conditions justifiable under
the circumstances and does, in fact, appeal within 10 days from the date of
the default, the appeal shall be accepted as though it had been timely. The
Company's liability for any retroactive payments resulting from the
application of the preceding sentence shall exclude the period of the delay
in the appeal.
STEP 3 (WRITTEN). In order for a grievance to be considered further,
written notice of appeal shall be served within 14 days after receipt of
the Step 2 minutes by the representative of the International Union,
certified to Management in writing, upon the Manager of Labor Relations.
Such notice shall state the grievance identifying number and be signed and
dated by such representative.
No Employee grievances shall be permitted to progress into this Step
without review by the Union's District Director or his designated
representative.
A Grievance which has been received in Step 3 shall be discussed at the
earliest date of mutual convenience following receipt of the notice of
appeal, but no more than 60 days thereafter.
Step 3 meetings shall not be postponed except in unusual circumstances. Any
party requesting a postponement shall do so in writing, giving the reason
therefor and stating that the meeting shall take place at a prompt later
date. A copy of the written postponement request shall be included with the
grievance statistics currently provided to the International Union on a
quarterly basis.
The parties' Step 3 representatives may remand the written grievance record
(as certified from the previous Step) to Step 2 when they agree that such
record was not adequately developed in circumstances where it should have
been. In such a case, the plant parties shall have 20 days to amend the
record, whereupon it shall be returned to Step 3 if remand did not result
in settlement.
Grievances discussed in a Step 3 meeting shall be answered in writing by
the representative of the Company within 14 days after the date of such
meeting unless a different date for disposition is agreed upon. Such
written answer shall contain a concise summary of each representative's
contractual analysis of the issues presented by the grievance, the
Company's answer, and shall form a part of the written grievance record.
Any amendments by the Step 3 representative of the Union to the written
answer of the Company shall be specifically incorporated in the written
answer.
The Step 3 meeting shall be limited to the Step 3 representative of the
Company and the representative of the International Union, unless otherwise
mutually agreed upon in advance of the meeting. Either party may call
witnesses whose attendance shall be restricted to the time required for
their testimony.
The Company's Step 3 representative shall have authority to settle the
grievance. The representative of the International Union shall have
authority to settle or withdraw the grievance, or appeal the grievance to
arbitration.
Meetings which shall be required under this Step 3 shall be held at a
mutually agreed-to location.
If the decision in Step 3 is not properly appealed to Step 4 as provided
below, the grievance shall be considered settled on the basis of such
decision and shall not be eligible for further appeal.
STEP 4 (WRITTEN). Except as otherwise expressly provided in this Agreement,
grievances not satisfactorily settled in Step 3 may be appealed by the Step
3 representative of the Union to arbitration by giving notice in writing to
the Company within 20 days after the Step 3 written answer is given to such
Step 3 representative.
The decision of the arbitrator will be restricted to whether there is a
violation of the Agreement as set forth in the Step 3 written answer. If
such a violation is found, the arbitrator shall specify the remedy in
accordance with the terms of the Agreement.
The decision of the arbitrator on any issue properly before him shall be
final and binding upon the Company, the Union, and all Employees concerned
therein. The arbitrator shall have jurisdiction and authority only to
interpret and apply the provisions of this Agreement. He shall not have
jurisdiction or authority to add to, detract from, or alter in any way the
provisions of this Agreement.
The arbitrator shall also have jurisdiction and authority only to
interpret, apply or determine compliance with respect to the Health Care
and Disability Plans between the parties in order to dispose of grievances
properly arising under Article Seventeen - Insurance Grievances - of this
Agreement. The arbitrator shall not have jurisdiction or authority to add
to, detract from, or alter in any way the provisions of the above mentioned
Plans.
The compensation of the arbitrator for his services hereunder and the
expenses in connection therewith shall be shared equally by the Company and
the Union.
Except as in this Agreement otherwise expressly provided, an award of the
arbitrator in respect to any grievance which shall be so submitted to him
shall not in any case be made retroactive to a date prior to the date on
which such grievance shall have been first presented in writing in Step 2
of the complaint and grievance procedure; or, in the case of a grievance
presented in Step 1 the date of such presentation but in no event earlier
than 5 days prior to the date the Employee Complaint Appeal Form was first
received in Step 1. An award of the arbitrator in respect to any grievance
in respect to rates of pay including any applicable Special Hourly Additive
(except as otherwise expressly provided in Article Five - Wages), overtime
compensation, reporting allowance, shift differentials, Sunday premiums,
discipline, seniority, holidays, and vacations may be made retroactive to
the date of the occurrence or nonoccurrence of the event upon which the
grievance is based.
Awards of the arbitrator involving the payment of monies for a retroactive
period shall be implemented promptly by the parties in accordance with
Subsection B (17) of this Section 2.
B. General Provisions
(1) Except as otherwise expressly provided in this Agreement there shall be no
right or remedy in respect to any complaint or grievance which shall not
have been presented in Step 1 as determined by the Xxxxxxx'x receipt of the
Employee Complaint Appeal Form, or presented in Step 2 as determined by the
Plant Superintendent's receipt of the Employee Complaint Appeal Form within
30 calendar days after the date on which the facts or events upon which
such alleged complaint or grievance is based shall have existed or
occurred; provided, however, that a complaint or grievance regarding
seniority, based upon the occurrence or nonoccurrence of the event during
his absence, may be presented within 30 calendar days after his return to
work by an Employee absent from work because of layoff or sickness;
provided, further, that the effective date for adjustment of such complaint
or grievance in no event shall be earlier than 30 days prior to the date on
which the complaint or grievance was received in writing in the appropriate
step.
(2) Complaints or grievances shall be considered initially in the following
steps of the complaint and grievance procedure depending upon the subject
matter of the alleged complaint or grievance.
(a) Complaints which allege violations directly affecting only the
Employees working under a particular Xxxxxxx shall be discussed in
Step 1.
(b) Complaints which allege violations directly affecting Employees
working under a particular department supervisor but under more than
one Xxxxxxx shall be filed initially in Step 2.
(c) Grievances which allege violations directly affecting Employees
working under more than one department supervisor shall be filed
initially in Step 2 and if not resolved after discussion, the Step 2
representatives shall develop the written record.
(3) Complaints or grievances which are not initiated in the proper step of the
complaint and grievance procedure shall be referred to the proper step for
discussion and answer by the Company and Union representatives designated
to handle complaints or grievances in such step.
(4) Complaints or grievances initiated in Step 2 of the complaint and grievance
procedure shall specify the group of Employees affected and be signed by a
representative number of such group and by the Chairman of the Grievance
Committee.
A grievance form which is not properly filled out shall be returned to the
Chairman of the Grievance Committee who shall be entitled to present the
grievance properly filled out within 7 days from the date the grievance was
returned.
(5) At all steps in the complaint and grievance procedure, the grievant and the
Union representatives shall materially expedite the solution to the
complaint or grievance by disclosing to the Company representatives a full
and detailed statement of the facts relied upon, the remedy sought, and the
provision of the Agreement relied upon. In the same manner, Company
representatives shall disclose all the pertinent facts relied upon by the
Company.
(6) If the Company's discussion or answer to a complaint or a grievance is not
given within the prescribed time requirements in any step, the Union after
notifying the Company may refer or appeal to the next step.
(7) If the decision of the Company representative in any step of the complaint
and grievance procedure with respect to a complaint or grievance shall not
be appealed to the next step within the time specified for such appeal,
such complaint or grievance shall be considered settled on the basis of the
decision made by the Company representative, and the Employee or Employees
covered by such complaint or grievance shall not have any further right or
remedy with respect to any claim or matter covered by such complaint or
grievance.
(8) If this Agreement is violated by the occurrence of a strike, picketing,
work stoppage, or interruption or impeding of work at the plant or
subdivision thereof, no grievances shall be discussed or processed in the
Step 2 level or above while such violation continues. Furthermore, under no
circumstances shall any complaint or grievance or other dispute concerning
Employees engaged in the violation be discussed or processed by Management
in any step of the complaint and grievance procedure or otherwise while
such violation continues, but this provision shall not waive compliance
with the time limits for initiating or filing complaints or grievances or
appeals from decisions thereon.
(9) The procedural steps for the settlement of complaints or grievances set
forth in this Section 2 shall constitute a general standard which may be
modified by agreement in writing between Management and the Union, if, in
the interest of prompt and orderly settlement of complaints or grievances,
it shall be deemed advisable that such procedural steps be so modified.
(10) In order to avoid the necessity of initiating multiple complaints or
grievances on the same subject or event or concerning the same alleged
contract violation occurring on the same or successive occasions, a single
complaint or grievance may be processed and the facts of alleged additional
violations may be presented in the appropriate step on special forms
supplied by the Company for this purpose and signed by each claimant. The
time limits applicable to the initiating of complaints or grievances shall
apply to all such additional claims. When the original complaint or
grievance is resolved in the complaint and grievance or arbitration
procedure, the parties resolving such complaint or grievance (the Step 3
representatives if resolved by arbitration) shall review such pending
claims in the light of the disposition of the original complaint or
grievance in an effort to dispose of them. If any of such claims are not
settled within 15 calendar days following the disposition of such original
complaint or grievance, each claim shall be considered as a complaint or
grievance and thereafter processed in accordance with the applicable
procedure and applicable time limitations contained herein.
(11) In case a complaint involves a large group of Employees, a reasonable
number may participate in the discussion in Step 1 and Step 2.
(12) The settlement of any complaint or grievance in any step of the complaint
and grievance procedure, except arbitration and the step next preceding
arbitration, shall not constitute a precedent as to the meaning or proper
application of any provision of this Agreement and shall not be relied on
or referred to by the Company or the Union in the arbitration of any other
grievance under this Agreement.
(13) Notwithstanding the procedure herein provided, any grievance may be
submitted to the arbitrator at any time by agreement of the parties to this
Agreement.
(14) In addition to instances and provisions set forth in this Agreement whereby
Union representatives may process complaints or grievances, notwithstanding
the definition of the term "grievance" in Section 1 of this Article Eleven,
the complaint and grievance procedure may also be utilized by the Union in
processing complaints or grievances which allege a violation of the
contractual obligations of the Company to the Union as such. In processing
such complaints or grievances, the Union shall observe the specified time
limits in appealing and the Company shall observe the specified time limits
in answering. In the event an Employee dies, the Union may process on
behalf of his legal heirs any claim he would have had relating to any
monies due under any provision of this Agreement.
(15) The Chairman of the Grievance Committee may file grievances in writing, if
he believes this to be necessary, concerning alleged violations of Section
3 of Article One - Purpose and Scope, Section 4 of Article Three - Company
and Union Activity, or Article Ten - Seniority, in conformity with the
provisions of this Article Eleven.
(16) In the event of improper layoff or failure to recall an Employee in
accordance with his seniority rights, in the absence of mutual agreement to
an equitable lump sum payment, he shall be made whole for the period during
which he is entitled to retroactivity in the same manner as set forth in
Section 1 of Article Nine - Suspension and Discharge Cases - of this
Agreement.
(17) In any settlement involving retroactive payments, the appropriate Union and
Company representatives shall expeditiously determine the identity of the
payees and the specific amount owed each payee. Payment shall be made
promptly but, in any event, within 30 days after such determination. Such
payments shall be indicated on the pay stub.
In cases involving large numbers of Employees, or extended periods of
retroactivity, in order to expedite payment, the parties shall, wherever
possible, agree upon the identity of the payees and the specific procedures
for determining the amounts owed or equitable approximations of such
amounts. Management commits itself, following such agreement, to make
payment at the earliest date in light of the procedures agreed upon and
will, within two weeks following such agreement, notify the Grievance
Committee of the date when such payment will be made.
(18) The Company agrees that it shall not subpoena or call as a witness in
arbitration proceedings any Employee from the bargaining unit in the plant.
The Union agrees that it shall not subpoena or call as a witness in such
proceedings any non-bargaining unit employee.
SECTION 3 - ARBITRATION REVIEW
If at any time during the term of this Agreement the President of the
International Union and the Manager of Labor Relations of the Company agree that
a problem requiring special attention has developed in the functioning of the
arbitration procedure, an Arbitration Procedure Review Committee shall be
established consisting of an agreed-upon number of persons appointed by each
party. The Committee shall be authorized to review the functioning of the
arbitration procedure, to make such recommendations as it deems proper with
respect to the problem and to report its findings to such officials, but it
shall not concern itself with any case which has been appealed to arbitration.
The Committee shall be discontinued after it has completed its review and
report.
SECTION 4 - UNION GRIEVANCE
REPRESENTATION
A. There shall be one Grievance Committee for the plant, which shall consist
of not less than 3 Employees of the plant and not more than 10 such
Employees, designated in writing by the Union, except that if a greater
number of grievance committeemen were recognized under the immediately
prior agreement between the parties, such greater number shall be the
maximum for purposes of this Agreement.
B. Subject to the limitations contained in Subsection A of this Section 4, the
number of grievance committeemen at the plant shall be mutually agreed upon
between Management and the Union. The grievance committeemen shall be
selected by the Union from the plant areas they are to represent; however,
there shall be no more than one grievance committeeman selected from any
one plant area. Plant areas, or grievance representation units, for the
purposes of this Section 4 shall be determined by mutual agreement between
Management and the Union, and existing plant areas, or grievance
representation units, shall continue in effect unless Management and the
Union otherwise agree.
C. A grievance committeeman will be permitted to visit departments, as
provided in this Subsection C, at reasonable times for the purpose of
transacting legitimate business as a grievance committeeman, including the
presentation, investigation, hearing or settling of alleged complaints or
grievances. If then at work, the grievance committeeman will be granted
time off, without pay, for such purpose after obtaining permission (which
shall not be unreasonably withheld) from his own department head or his
designated representative and reasonable notice to the head of the
department to be visited or his designated representative. If not at work,
the grievance committeeman will be permitted to visit departments for the
purpose as described above after reasonable notice to the head of the
department to be visited or his designated representative.
D. Departmental Representatives may be designated by the Union at the plant to
aid the Grievance Committee. The number of Union representative shall not
exceed one for each 60 Employees in the plant.
E. The area in which each grievance committeeman and Departmental
Representative shall function shall be determined by mutual agreement
between Management and the Union. Departmental Representatives shall be
Employees of the plant area which each represents.
SECTION 5 - ACCESS TO A PLANT
A. The District Director and the representative of the Union who customarily
handles grievances from the plant in Step 3 shall have access to the plant,
subject to established rules of the plant, at reasonable times to
investigate grievances with which they are concerned.
B. The Local Union President will be permitted access to the plant at
reasonable times when necessary to transact legitimate union business
pertaining to the administration of the applicable agreements between the
parties after notice to the Plant Superintendent or his designated
representative. Should it become necessary for the Local Union President to
visit other departments of the plant to transact such union business at a
time when he is at work, he shall be granted such time off without pay as
necessary for such purpose after release from duty (which shall not be
unreasonably withheld) by his own department head or his designated
representative and clearance from the Plant Superintendent or his
designated representative.
SECTION 6 - EXPEDITED ARBITRATION
PROCEDURE
Notwithstanding any other provision of this Agreement, the following
expedited arbitration procedure is designated to provide prompt and efficient
handling of routine grievances, including certain grievances concerning
discipline as provided in Appendix H of this Agreement.
A. The expedited arbitration procedure shall be implemented in light of the
circumstances existing in the plant, with due regard to the following:
(1) In accordance with the understanding made by the staff representative
of the Union designated pursuant to this Agreement and his Company
counterpart, the local union and the local management shall appeal the
grievance to an arbitrator under this expedited arbitration procedure
by mutual agreement of the parties.
(2) The appeal shall be made within 10 calendar days of receipt of the
Step 2 minutes.
(3) All grievances appealed to Step 3 of the grievance procedure shall be
reviewed by each respective Step 3 representative, and within 10 days
after receipt of appeal of such grievance either Step 3 representative
may communicate with the other and then jointly determine whether such
grievance does not warrant disposition in Step 3 but is rather
appropriate for expedited arbitration and therefore agree to refer
such grievance back to the Step 2 parties for review and disposition.
Any grievance so referred back to the Step 2 parties and for which no
agreement can be reached for disposing of the same, may then be
appealed by the Chairman of the Grievance Committee to the expedited
arbitration procedure. Such appeal shall be made within 15 days
(excluding Saturdays, Sundays, and holidays) after the date the
grievance is referred to Step 2. If the grievance is not so appealed
to the expedited arbitration procedure, it shall be considered
withdrawn.
(4) As soon as it is determined that a grievance is to be processed under
this procedure, the local parties shall notify the Administrative
Secretary of the area panel. The appeal shall include the date, time
and place for the hearing. Thereafter, the Rules of Procedure for
Expedited Arbitration shall apply.
B. The hearing shall be conducted in accordance with the following: (1) The
hearing shall be informal. (2) No briefs shall be filed or transcripts
made. (3) There shall be no formal evidence rules. (4) Each party's case
shall be presented by a previously designated local representative. (5) The
arbitrator shall have the obligation of assuring that all necessary facts
and considerations are brought before him by the representatives of the
parties. In all respects, he shall assure that the hearing is a fair one.
(6) If the arbitrator or the parties conclude at the hearing that the
issues involved are of such complexity or significance as to require
further consideration by the parties, the case shall be referred to Step 3
and it shall be processed as though appealed on such date.
C. The arbitrator shall issue a decision no later than 48 hours after
conclusion of the hearing (excluding Saturdays, Sundays and holidays). His
decision shall be based on the records developed by the parties before and
at the hearing and shall include a brief written explanation of the basis
for his conclusion. These decisions shall not be cited as a precedent in
any discussion at any step of the complaint and grievance or arbitration
procedure. The authority of the arbitrator shall be the same as that
provided in Section 2 of this Article Eleven.
D. Any grievance appealed to this expedited arbitration procedure must be
confined to issues which do not involve novel problems and which have
limited contractual significance or complexity.
ARTICLE TWELVE
SAFETY AND HEALTH
SECTION 1 - GENERAL PROVISIONS
The Company shall make reasonable provisions for the safety and health of
its Employees at the plant during the hours of their employment. The Company,
the Union and the Employees recognize their obligations and/or rights under
existing federal and state laws with respect to safety and health matters.
Where devices which emit ionizing radiation are used, the Company will
continue to maintain safety standards with respect to such devices not less
rigid than those adopted from time to time by the Nuclear Regulatory Commission
and will maintain procedures designed to safeguard Employees and will instruct
them to safe working procedures involving such devices.
Where the Company uses toxic materials, it shall inform the affected
Employees what hazards, if any, are involved and what precautions shall be taken
to insure the safety and health of the Employees. Upon the request of the Union
Co-Chairman of the Joint Safety and Health Committee, the Company shall provide
in writing requested information from material safety data sheets or their
equivalent on toxic substances to which Employees are exposed in the work place;
provided that when the information is considered proprietary, the Company shall
so advise the Union Co-Chairman, and provide sufficient information for the
Union to make further inquiry.
The Company will continue its program of periodic inplant air sampling and
noise testing under the direction of qualified personnel. Where the Union
Co-Chairman of the Joint Safety and Health Committee alleges a significant
on-the-job health hazard due to inplant air pollution or noise, the Company will
also make such additional tests and investigations as are necessary and shall
notify the Union Co-Chairman of the Joint Safety and Health Committee when such
a test is to take place. A report based on such additional tests and
investigations shall be reviewed and discussed with the Joint Safety and Health
Committee. For such surveys conducted at the request of the Union Co-Chairman of
the Joint Safety and Health Committee, a written summary of the sampling and
testing results and the conclusions of the investigation shall be provided to
the Joint Safety and Health Committee.
The Company shall provide adequate first aid for all Employees during their
working hours.
An Employee, who, as a result of an industrial accident, is unable to
return to his assigned job for the balance of the shift on which he was injured
will be paid for any wages lost on that shift.
Protective devices, wearing apparel, and other equipment necessary to
properly protect Employees from injury shall be provided by the Company in
accordance with practices now prevailing in the plant or as such practices may
be improved from time to time by the Company. Goggles; gas masks; face xxxxxxx;
respirators; special purpose gloves; fireproof, waterproof or acid-proof
protective clothing when necessary and required shall be provided by the Company
without cost, except that the Company may assess a fair charge to cover loss or
wilful destruction thereof by the Employees. Where any such equipment or
clothing is now provided, the present practice concerning charge for loss or
willful destruction by the Employee shall continue.
SECTION 2 - UNUSUAL CONDITIONS
If an Employee shall believe that there exists an unsafe condition, changed
from the normal hazards inherent in the operation, so that the Employee is in
danger of injury, he shall notify his Xxxxxxx of such danger and of the facts
thereof. Thereafter, unless there shall be a dispute between the Company and the
Employee as to the existence of such unsafe condition, the Employee shall have
the right, subject to reasonable steps for protecting other Employees and the
equipment from injury, to be relieved from duty on the job in respect of which
he has complained and to return to such job when such unsafe condition shall be
remedied. The Management may, in its discretion, assign such Employee to other
available work in the plant. If the existence of such alleged unsafe condition
shall be disputed, the Chairman of the Grievance Committee of the Union in the
plant and the Plant Superintendent in the plant, or his representative, shall
immediately investigate such alleged unsafe condition and determine whether it
exists. If they shall not agree and if the Chairman of the Grievance Committee
is of the opinion that such alleged unsafe condition exists, the Employee shall
have the right to present a grievance in writing in Step 2 of the complaint and
grievance procedure set forth in Article Eleven - Adjustment of Complaints and
Grievances - of this Agreement and thereafter to be relieved from duty on the
job as stated above. Such grievance shall be presented without delay directly to
an arbitrator under the provisions of Section 2 of Article Eleven - Adjustment
of Complaints and Grievances - of this Agreement, who shall determine whether
such Employee was justified in leaving the job because of the existence of such
alleged unsafe condition.
Should either Management or an arbitrator conclude that an unsafe condition
within the meaning of this Section 2 existed and should the Employee not have
been assigned to other available equal or higher rated work, he shall be paid
for the earnings he otherwise would have received.
It is recognized that emergency circumstances may exist, and the local
parties are authorized to make mutually satisfactory arrangements for immediate
arbitration to handle such situations in an expeditious manner.
SECTION 3 - JOINT SAFETY AND HEALTH
COMMITTEE
A. A Joint Safety and Health Committee consisting of not less than 3 nor more
than 10 Employees designated by the Union and an equal number of Management
members, if Management so desires, designated by the Company shall be
established in the plant. By mutual agreement the committee may be
increased. The Union and the Company shall designate their respective
Co-Chairman and shall certify to each other in writing such Co-Chairmen and
committee members. The committee shall hold monthly meetings at times
determined by the Co-Chairmen who may also agree to hold special meetings.
Each Co-Chairman shall submit a proposed agenda to the other Co-Chairman at
least 5 days prior to the monthly meeting. The Company Co-Chairman shall
provide the Union Co-Chairman with minutes of the monthly meeting. Prior to
such monthly meeting the Co-Chairmen or their designees shall engage in an
inspection of mutually selected areas of the plant. At the conclusion of
the inspection, a written report shall be prepared by the Company setting
forth their findings. One copy of the report shall be furnished to the
Union Co-Chairman. Time consumed on committee work by committee members
designated by the Union shall not be considered hours worked to be
compensated by the Company. The function of the committee shall be to
advise with Plant Management concerning safety and health and to discuss
legitimate safety and health matters, but not to handle complaints or
grievances. In the discharge of its function, the committee shall; consider
existing practices and rules relating to safety and health, formulate
suggested changes in existing practices and rules, recommend adoption of
new practices and rules, review proposed new safety and health programs
developed by Management and review accident statistics, including OSHA Form
200, and trends and disabling injuries which have occurred in the plant and
make appropriate recommendations.
The Union Co-Chairman or his designee will be afforded time off without pay
as may be required to visit departments at all reasonable times for the
purpose of transacting the legitimate business of the committee, after
notice to the head of the department to be visited or his designated
representative and, if the committee member is then at work, permission
(which shall not be unreasonably withheld) from his own department head or
his designated representative. If the Union Co-Chairman or his designee is
not at work, he shall be granted access to the plant at all reasonable
times for the purpose of conducting the legitimate business of the
committee after notice to the head of the department to be visited or his
designated representative.
B. When the Company introduces new personal protective apparel or extends the
use of protective apparel to new areas or issues new rules relating to the
use of protective apparel, the matter will be discussed with the members of
the Joint Safety and Health Committee in advance with the objective of
increasing cooperation. Should differences result from such discussions, a
grievance may be filed in Step 2 by the Chairman of the Grievance Committee
within 30 days thereafter. In the event that the grievance progresses
through the complaint and grievance procedure to arbitration, the
arbitrator shall determine whether such rule or requirement is appropriate
to achieve the objective set forth in Section 1 of this Article Twelve.
C. Advices of the Joint Safety and Health Committee, together with supporting
suggestions, recommendations and reasons, shall be submitted to the Plant
Superintendent or his representative for his consideration and for such
action as he may consider consistent with the Company's responsibility to
provide for the safety and health of its Employees during the hours of
their employment and the mutual objective set forth in Section 1 of this
Article Twelve.
D. In the event the Company requires an Employee to testify at the formal
investigation into the causes of a disabling injury the Employee may
arrange to have the Union Co-Chairman of the Joint Safety and Health
Committee or the Union member of such committee designated by the Union
Co-Chairman to act in his absence, present as an observer at the
proceedings for the period of time required to take the Employee's
testimony. The Union Co-Chairman will be furnished with a copy of such
record as is made of the Employee's testimony. In addition, in the case of
accidents which resulted in disabling injury or death or accidents which
could have resulted in disabling injury or death and require a fact-finding
investigation, the Company will, as soon as is practicable after such
accident, notify the Union Co-Chairman of the Joint Safety and Health
Committee, or the Union member of such committee designated by the Union
Co-Chairman to act in his absence, who shall have the right to visit the
scene of the accident promptly upon such notification, if he so desires,
accompanied by the Company Co-Chairman or his designated representative and
the Company will add the Union Co-Chairman of the Joint Safety and Health
Committee, or the Union member of such committee designated by the Union
Co-Chairman to act in his absence, to the notification list for such
accidents. After making its investigation, the Company will supply to the
Union Co-Chairman of the Joint Safety and Health Committee a statement of
the nature of the injury, the circumstances of the accident, and any
recommendations available at that time and will consider any
recommendations he may wish to make regarding the report.
In such cases, when requested by the Union Co-Chairman, the Company
Co-Chairman of the Joint Safety and Health Committee or his designated
representative will review the statement with the Union Co-Chairman. Also,
in such cases, the Company Co-Chairman of the Joint Safety and Health
Committee or his designated representative, when requested by the Union
Co-Chairman, will visit the scene of the accident with the Union
Co-Chairman or, in his absence, his designated substitute.
E. The Company will, from a single source at the Company headquarters level,
provide the International Union Safety and Health Department with prompt
notification of any accident resulting in a fatality to a union member.
This notification shall be either oral or written and include the date of
the fatality, the location of the fatality and, if known, the cause of the
fatality. The Company will provide the International Union Safety and
Health Department with a copy of the fatal accident report that is given to
the Local Union Joint Safety and Health Committee when such report becomes
available. Any necessary discussion or other communication on this date
between the Company and the International Union will be with the individual
designated to provide such information.
F. Once each year the Company will, from the same source described in E above,
provide to the International Union Safety and Health Department the OSHA
Form 200 Summary of Occupational Injuries and illnesses or its equivalent
for the plant. Upon request and for specific locations where detailed
information is necessary, the Company will, from the same source, provide a
copy of the OSHA Form 200 Log of Occupational Injuries and illnesses or its
equivalent.
SECTION 4
SECTION 5 - USE OF DISCIPLINARY RECORDS
Written records of disciplinary action against the Employee involved for
the violation of a safety rule but not involving a penalty of time off will not
be used by the Company in an arbitration proceeding where such action occurred
one or more years prior to the date of the event which is the subject of such
arbitration.
When an Employee has completed 36 consecutive months of work without
discipline involving a penalty of time off for violation of a safety rule, prior
disciplinary penalties for such offenses not exceeding 4 days' suspension shall
not be used for further disciplinary action.
When an unsafe practice report is made involving a violation of a safety
procedure or rule by an Employee which does not involve discipline, a copy of
that report will be given to the Employee.
SECTION 6 - ALCOHOLISM AND DRUG ABUSE
Alcoholism and drug abuse are recognized by the parties to be treatable
conditions. Without detracting from the existing rights and obligations of the
parties recognized in the other provisions of this Agreement, the Company and
the Union agree to cooperate at the plant level in encouraging Employees
afflicted with alcoholism or drug abuse to undergo a coordinated program
directed to the objective of their rehabilitation.
SECTION 7 - SAFETY AND HEALTH TRAINING
A. The Company recognizes the special need to provide appropriate safety and
health training to all Employees. The Company presently has safety and
health training that provides either the training described below or the
basis for such training as it relates to the needs of the Company and its
plant.
Training programs shall recognize that there are different needs for safety
and health training for newly hired Employees, Employees who are
transferred or assigned to a new job and Employees who require periodic
retraining. The Joint Safety and Health Committee may make recommendations
on these and other safety education matters.
B. Newly hired Employees shall receive training in the general recognition of
safety and health hazards, their statutory and basic labor contract rights
and obligations and the purpose and function of the Company's Safety,
Health and Medical Departments, the Joint Safety and Health Committee and
the International Union Safety and Health Department. In addition, upon
initial assignment to a job, such Employees shall receive training on the
nature of the operation or process, the safety and health hazards of the
job, the safe working procedures, the purpose, use and limitations of
personal protective equipment required, and other controls or precautions
associated with the job.
The Union Co-Chairman of the Joint Safety and Health Committee and the
International Union Safety and Health Department or a designee shall, upon
request, be afforded the opportunity to review the training program for
newly hired Employees at the plant.
C. The training of Employees other than those newly hired by the Company shall
be directed to the hazards of the job or jobs on which they are required to
work. Such training shall include hazard recognition, safe working
procedures, purpose, use and limitations of special personal protective
equipment required and any other appropriate specialized instruction.
D. As required by an Employee's job and assignment area, periodic retraining
shall be given on safe working procedures, hazard recognition, and other
necessary procedures and precautions.
SECTION 8 - MEDICAL RECORDS
The Company shall maintain the confidentiality of reports of medical
examinations of its Employees and shall only furnish such reports to a physician
designated by the Employee upon the written authorization of the Employee;
provided, that the Company may use or supply medical examination reports of its
Employees in response to subpoenas, requests to the Company by any Governmental
agency authorized by law to obtain such reports, and in arbitration or
litigation of any claim or action involving the Company. Whenever the Company
physician detects a medical condition which, in his judgment, requires further
medical attention, the Company physician shall advise the Employee of such
condition or to consult with his personal physician.
ARTICLE THIRTEEN - EMPLOYEES IN
MILITARY SERVICE
SECTION 1 - REEMPLOYMENT
The Company shall accord to each Employee who applies for reemployment
after conclusion of his military service with the United States such
reemployment rights as he shall be entitled to under then existing statutes.
SECTION 2 - TRAINING PROGRAMS
Reasonable programs of training shall be employed in the event Employees do
not qualify to perform the work on the job which they might have attained except
for absence in the military service.
SECTION 3 - LEAVE OF ABSENCE
Any Employee entitled to reinstatement under this Article Thirteen shall be
granted upon request a leave of absence without pay not to exceed 60 days before
he shall be required to return to work.
SECTION 4 -EDUCATIONAL LEAVE OF
ABSENCE
Any Employee entitled to reinstatement under this Article Thirteen who
applies for reemployment and who desires to pursue a course of study in
accordance with the federal law granting him such opportunity before or after
returning to his employment with the Company shall be granted a leave of absence
for such purpose; provided that an Employee who desires such a leave of absence
after returning to his employment with the Company shall have it granted only if
he notifies the Company in writing, within one year from the date he is
reemployed, of his intention to pursue such a course of study. Such leave of
absence shall not constitute a break in the record of continuous service of such
Employee but shall be included therein provided the Employee within 30 days
reports for reemployment after the completion or termination of such course of
study. Any such Employee must notify the Company and the Union in writing at
least once each year of his continued interest to resume active employment with
the Company upon completing or terminating such course of study.
SECTION 5 - DISABLED VETERANS
Any Employee entitled to reinstatement under this Article Thirteen who
returns with service-connected disability incurred during the course of his
service shall be assigned to any vacancy which shall be suitable to such
impaired condition during the continuance of such disability irrespective of
seniority; provided, however, that such impairment is of such a nature as to
render the veteran's returning to his own job or department onerous or
impossible; and provided, further, that the veteran meets the minimum physical
requirements for the job available or for the job as Management may be able to
adjust it to meet the veterans impairment.
SECTION 6 - VACATIONS
A. An Employee who at the time of leaving active employment to enter military
service of the United States has qualified for a vacation in the year of
such entrance and who has not received a vacation or vacation allowance
shall be granted such allowance.
B. Any Employee reemployed under the terms of this Article Thirteen and who,
under the terms of Article Eight - Vacations - of this Agreement, except
for his absence due to such military service, would have been entitled to
receive a vacation or vacation allowance, shall receive such vacation or
vacation allowance for the calendar year in which he is reemployed, without
regard to any requirement other than an adequate record of continuous
service.
SECTION 7 - MILITARY ENCAMPMENT
ALLOWANCE
An Employee with one or more years of continuous service who is required to
attend an encampment of the Reserve of the Armed Forces or the National Guard
shall be paid, for a period not to exceed two weeks in any calendar year, the
difference between the amount paid by the Government (not including travel,
subsistence and quarters allowance) and the amount calculated by the Company in
accordance with the following formula. Such pay shall be based on the number of
days such Employee would have worked had he not been attending such encampment
during such two weeks (plus any holiday in such two weeks which he would not
have worked) and the pay for each such day shall be 8 times his average
straight-time hourly rate of earnings (including any applicable Special Hourly
Additive but excluding shift differentials and Sunday and overtime premiums)
during the last pay period worked prior to the encampment. If the period of such
encampment exceeds two weeks in any calendar year, the period on which such pay
shall be based shall be the first two weeks he would have worked during such
period.
ARTICLE FOURTEEN - SEVERANCE
ALLOWANCE
SECTION 1 - PERMANENT CLOSING
When, in the sole judgment of the Company, it decides to close permanently
the plant or discontinue permanently a department of the plant or substantial
portion thereof and terminate the employment of individuals, an Employee whose
employment is terminated either directly or indirectly as a result thereof
because he was not entitled to other employment with the Company under the
provisions of Article Ten - Seniority - of this Agreement and Section 3 of this
Article Fourteen, shall be entitled to a severance allowance in accordance with
and subject to the provisions hereinafter set forth in this Article Fourteen.
Before the Company shall finally decide to close permanently the plant or
discontinue permanently a department of the plant it shall give the Union, when
practicable, advance written notification of its intention. Such notification
shall be given at least 90 days prior to the proposed closure date, and the
Company will thereafter meet with appropriate Union representatives in order to
provide them with an opportunity to discuss the Company's proposed course of
action and to provide information to the Company and suggest alternative
courses. Upon conclusion of such meetings, which in no event shall be less than
30 days prior to the proposed closure or partial closure date, the Company shall
advise the Union of its final decision. The final closure decision shall be the
exclusive function of the Company. This notification provision shall not be
interpreted to offset the Company's right to lay off or in any other way reduce
or increase the working force in accordance with its presently existing rights
as set forth in Article Fifteen of this Agreement.
SECTION 2 - ELIGIBILITY
Such an Employee to be eligible for a severance allowance shall have
accumulated 3 or more years of continuous Company service as computed in
accordance with Article Ten - Seniority - of this Agreement.
SECTION 3 - OTHER JOB
In lieu of severance allowance the Company may offer an eligible Employee a
job in the same job class for which he is qualified, in the same general
locality. The Employee shall have the option of either accepting such new
employment or requesting his severance allowance. If an Employee accepts such
other employment, his continuous service record shall be as provided in Article
Ten - Seniority - of this Agreement, except that for the purpose of severance
pay under this Article Fourteen and for the purposes of Article Eight -
Vacations - of this Agreement, his previous continuous service record shall be
maintained and not be deemed to have been broken by the transfer.
SECTION 4 - TRANSFER
As an exception to Section 3 of this Article Fourteen, an Employee
otherwise eligible for severance pay who is entitled under Article Ten -
Seniority - of this Agreement to a job in the same job class in another part of
the plant shall not be entitled to severance pay whether he accepts or rejects
the transfer. If such transfer results directly in the permanent displacement of
some other Employee, the latter shall be eligible for severance pay provided he
otherwise qualifies under the terms of this Article Fourteen.
SECTION 5 - BENEFITS
An eligible individual shall receive severance allowance based upon the
following weeks for the corresponding continuous Company service:
Weeks of
Severance
Continuous Company Service Allowance
3 years but less than 5 years 4
5 years but less than 7 years 6
7 years but less than 10 years 7
10 years or more 8
A week's severance allowance shall be determined in accordance with the
provisions for calculation of vacation allowance as set forth in Section 8 of
Article Eight - Vacations - of this Agreement.
SECTION 6 - DUPLICATION
Severance allowance shall not be duplicated for the same severance, whether
the other obligation arises by reason of contract, law, or otherwise. If an
individual is or shall become entitled to any discharge, liquidation, severance
or dismissal allowance or payment of similar kind by reason of any law of the
United States of America or any of the states, districts, or territories thereof
subject to its jurisdiction, the total amount of such payments shall be deducted
from the severance allowance to which the individual may be entitled under this
Article Fourteen, or any payment made by the Company under this Article Fourteen
may be offset against such payments. Statutory unemployment compensation
payments shall be excluded from the non-duplication provisions of this Section
6.
SECTION 7 - ELECTION CONCERNING
LAYOFF STATUS
Notwithstanding any other provision of this Agreement an Employee who would
otherwise have been terminated in accordance with the applicable provisions of
this Agreement and under the circumstances specified in Section 1 of this
Article fourteen may, at such time, elect to be placed on layoff status for 30
days or to continue on layoff status for an additional 30 days if he had already
been on layoff status. At the end of such 30-day period he may elect to continue
on layoff status or be terminated and receive severance allowance if he is
eligible for any such allowance under the provisions of this Article Fourteen;
provided, however, if he elects to continue on layoff status after the 30-day
period specified above and is unable to secure employment with the Company
within an additional 60-day period, at the conclusion of such additional 60-day
period he may elect to be terminated and receive severance allowance if he is
eligible for such allowance.
SECTION 8 - PAYMENT OF ALLOWANCE
Payment shall be made in a lump sum at the time of termination. Acceptance
of severance allowance shall terminate employment and continuous service for all
purposes under this Agreement.
ARTICLE FIFTEEN - MANAGEMENT
The Company retains the exclusive rights to manage the business and plant
and to direct the working forces. The Company, in the exercise of its rights,
shall comply with the provisions of this Agreement.
The rights to manage the business and plant and to direct the working
forces include the right to hire, suspend or discharge for proper cause, or
transfer, and the right to relieve Employees from duty because of lack of work
or for other legitimate reasons.
ARTICLE SIXTEEN - STRIKES
AND LOCKOUTS
SECTION 1 - STRIKES PROHIBITED
During the term of this Agreement, neither the Union, its officers, agents
or members, nor any Employee will authorize, instigate, aid, condone, or engage
in a work stoppage or strike, sympathy strike or other interruption or any
impeding of production at the plant of the Company covered by this Agreement.
Any Employee or Employees who violate the provisions of this Article Sixteen may
be discharged from the employ of the Company in accordance with the procedure of
Article Nine - Suspension and Discharge Cases - of this Agreement.
The Company agrees that prior to such discharge it will provide to a Union
representative of the plant a list of names, check numbers, and addresses of
Employees whom the Company has determined to discharge.
SECTION 2 - LOCKOUTS PROHIBITED
The Company agrees that during the term of this Agreement there shall be no
lockouts.
ARTICLE SEVENTEEN -
The claims procedures of the various insurance plans - and not the
grievance procedure of the labor agreement - are to be used to resolve
claims/disputes regarding insurance matters without recourse to the Company.
ARTICLE EIGHTEEN
ARTICLE NINETEEN
TERM OF AGREEMENT
SECTION 1 - TERM
Except as otherwise provided below, this Agreement shall terminate at the
expiration of 60 days after either party shall give written notice of
termination to the other party but in any event shall not terminate earlier than
11:59 p.m., November 15, 2005.
If either party gives such notice it may include therein notice of its
desire to negotiate with respect to insurance and pensions, and the parties
shall meet within 30 days thereafter to negotiate with respect to such matters.
If the parties shall not agree with respect to such matters by the end of 60
days after the giving of such notice, either party may thereafter resort to
strike or lockout, as the case may be, in support of its position in respect to
such matters as well as any other matter in dispute.
SECTION 2 - NOTICE
Any notice to be given under this Agreement shall be given by registered
mail; be completed by and at the time of mailing; and, if by the Company, be
addressed to the United Steelworkers of America, Xxxx Xxxxxxx Xxxxxx,
Xxxxxxxxxx, Xxxxxxxxxxxx 00000, and if by the Union, to the Company at 00000
Xxxxxxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000. Either party may, by
like written notice, change the address to which registered mail notice to it
shall be given.
Maverick Tube Corporation
Manager - Labor Relations
Manager I. E. - Personnel
Plant Manager
Supervisor - Industrial Relations Services
United Steelworkers of America
President
Secretary and Treasurer
Vice President - Administration
Vice President - Human Affairs
District Director - District 2
Staff Representative - District 2
Unit Chairman - Local Union 2659-29
Chairman Grievance Committee -
Local Union 2659-29
Member - Local Union 2659-29
Appendix A
APPENDIX A
STANDARD HOURLY WAGE SCALE OF RATES
INCUMBENT EMPLOYEES AS OF 11/15/00
AND ALL TRADE AND CRAFT EMPLOYEES
HIRED AFTER 11/15/00
Job Effective EffectiveEffectiveEffectiveEffective
Class 11/15/00 11/15/01 11/15/0211/15/03 11/15/04
------- --------------------------------------------
1 $12.223 $12.583 $12.973 $13.413 $13.863
2 $12.233 $12.583 $12.973 $13.413 $13.863
3 $12.422 $12.772 $13.162 $13.602 $14.052
4 $12.615 $12.965 $13.355 $13.795 $14.245
5 $12.811 $13.161 $13.551 $13.991 $14.441
6 $13.009 $13.359 $13.749 $14.189 $14.639
7 $13.212 $13.562 $13.952 $14.392 $14.842
8 $13.417 $13.767 $14.157 $14.597 $15.047
9 $13.627 $13.977 $14.367 $14.807 $15.257
10 $13.839 $14.189 $14.579 $15.019 $15.469
11 $14.055 $14.405 $14.795 $15.235 $15.685
12 $14.273 $14.623 $15.013 $15.453 $15.903
13 $14.495 $14.845 $15.235 $15.675 $16.125
14 $14.722 $15.072 $15.462 $15.902 $16.352
15 $14.951 $15.301 $15.691 $16.131 $16.581
16 $15.184 $15.534 $15.924 $16.364 $16.814
17 $15.421 $15.771 $16.161 $16.601 $17.051
18 $15.662 $16.012 $16.402 $16.842 $17.292
19 $15.907 $16.257 $16.647 $17.087 $17.537
20 $16.155 $16.505 $16.895 $17.335 $17.785
21 $16,408 $16.758 $17.148 $17.588 $18.038
22 $16.665 $17.015 $17.405 $17.845 $18.295
23 $16.925 $17.275 $17.665 $18.105 $18.555
24 $17.191 $17.541 $17.931 $18.371 $18.821
25 $17.459 $17.809 $18.199 $18.639 $19.089
26 $17.733 $18.083 $18.473 $18.913 $19.363
27 $18.011 $18.361 $18.751 $19.191 $19.641
28 $18.293 $18.643 $19.033 $19.473 $19.923
29 $18.579 $18.929 $19.319 $19.759 $20.209
30 $18.871 $19.221 $19.611 $20.051 $20.501
APPENDIX A-1
STANDARD HOURLY WAGE SCALE OF RATES
FOR ALL EMPLOYEES HIRED AFTER 11/15/00 EXCEPT TRADE AND CRAFT EMPLOYEES, THE
STANDARD HOURLY WAGE SCALE OF RATES, AS APPLICABLE FROM APPENDIX A, WILL BE
ADJUSTED IN ACCORDANCE WITH THE FOLLOWING TABLE:
ADJUSTMENT ADJUSTMENT
PERIOD AMOUNT
DATE OF HIRE MINUS $2.195
END OF 1ST 6-MONTHS MINUS $1.695
END OF 2ND 6-MONTHS MINUS $1.195
END OF 3RD 6-MONTHS MINUS $0.695
END OF 4TH 6-MONTHS MINUS $0.195
END OF 5TH 6-MONTHS NONE
ALL "END OF" PERIODS REFER FROM THE DATE OF HIRE FOR THE EMPLOYEE.
THE COMPANY MAY ADVANCE AN EMPLOYEE THROUGH EACH OF THE FIVE (5) ADJUSTMENT
PERIODS BEFORE THE "END OF" PERIOD REFERENCED FROM THE DATE OF HIRE. THIS
INITIATIVE WOULD BE CONSIDERED "EARLY ADVANCEMENT".
AN EMPLOYEE MUST SERVE A MINIMUM OF THREE (3) MONTHS IN EACH PERIOD BEFORE BEING
CONSIDERED FOR EARLY ADVANCEMENT IN THAT PERIOD.
ALL ADJUSTMENTS WILL BE EFFECTIVE FOR THE FULL PAY PERIOD DURING WHICH THE
EMPLOYEE'S EARLY ADVANCEMENT OR SIX MONTH ANNIVERSARY DATE FALLS.
APPENDIX A-1
STANDARD HOURLY WAGE SCALE OF RATES
FOR ALL EMPLOYEES HIRED AFTER 11/15/00 EXCEPT TRADE AND CRAFT EMPLOYEES, THE
STANDARD HOURLY WAGE SCALE OF RATES, AS APPLICABLE FROM APPENDIX A, WILL BE
ADJUSTED IN ACCORDANCE WITH THE FOLLOWING TABLE:
ADJUSTMENT ADJUSTMENT
PERIOD AMOUNT
DATE OF HIRE MINUS $2.195
END OF 1ST 6-MONTHS MINUS $1.695
END OF 2ND 6-MONTHS MINUS $1.195
END OF 3RD 6-MONTHS MINUS $0.695
END OF 4TH 6-MONTHS MINUS $0.195
END OF 5TH 6-MONTHS NONE
ALL "END OF" PERIODS REFER FROM THE DATE OF HIRE FOR THE EMPLOYEE.
THE COMPANY MAY ADVANCE AN EMPLOYEE THROUGH EACH OF THE FIVE (5) ADJUSTMENT
PERIODS BEFORE THE "END OF" PERIOD REFERENCED FROM THE DATE OF HIRE. THIS
INITIATIVE WOULD BE CONSIDERED "EARLY ADVANCEMENT".
AN EMPLOYEE MUST SERVE A MINIMUM OF THREE (3) MONTHS IN EACH PERIOD BEFORE BEING
CONSIDERED FOR EARLY ADVANCEMENT IN THAT PERIOD.
ALL ADJUSTMENTS WILL BE EFFECTIVE FOR THE FULL PAY PERIOD DURING WHICH THE
EMPLOYEE'S EARLY ADVANCEMENT OR SIX MONTH ANNIVERSARY DATE FALLS.
Appendix B
APPENDIX B - CONTINUED
A special hourly additive is effective for all Employees listed in this
Appendix B. All hours worked in a month beginning with the night shift on the
first day of the month and ending with the afternoon shift on the last day of
the month will be accumulated for each applicable Employee and the Employee's
special hourly additive listed in this Appendix B will be paid for those hours.
SPECIAL
EMPLOYEE HOURLY
NUMBER NAME ADDITIVE
3230 X. Xxxxxxxxx $0.228
3317 X. Xxxxxxx $0.467
3368 X. Xxxxxx $0.000
3383 X. Xxxxx $1.253
3411 X. Xxxxxxxx $0.956
3414 X. Xxxxx $0.621
3415 X. Xxxxxxxx $0.306
3426 X. Xxxxxxxx $0.762
3434 X. Xxxx $1.135
3460 X. Xxxx $0.701
3462 X. Xxxxxxx $0.978
3466 X. Xxxxxxx $0.023
3490 X. Xxxx $0.570
3502 X. Xxxxxxx $0.302
Appendix B, Special Hourly Additive, of the 2000 Ferndale Labor Agreement
provides for special payment for each payment incumbent as of November 15, 1985.
Employees eligible for the special payment are listed in Appendix B along with
each participant's corresponding special hourly additive. Payment is then
included in the second regular bi-weekly paycheck following the
monthly-calculated period.
From 1985 through 1990, the special pay calculation included an adjustment
factor that reduced the payment if the monthly plant performance, as defined in
the Profit Share Plan, fell below 100 percent. For this reason the special
payment was calculated monthly because the plant performance was calculated
monthly. Since the performance factor is no longer used in the special payment
calculation, there is no reason not to include the hourly additive in the
regular pay corresponding to the same pay period schedule.
Therefore, the parties agree to charge the hourly additive payment from a
monthly pay period to a bi-weekly pay period corresponding to the regular pay
period practice and to revise Appendix B accordingly. This change will be
implemented during the conversation to the new automated payroll system.
FOR THE UNION: FOR THE COMPANY:
-------------------------- ---------------------
-------------------------------- ----------------
------------------- ----------------
Date Date
Appendix C
APPENDIX C
APPENDIX D
November 15, 1985
Xx. Xxxx Xxxxxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxx, Xxxxx 000
Xxxxx Xxxx, Xxxxxxxx 00000
Dear Xx. Xxxxxxxxx:
This is to confirm the following understanding reached during the
negotiation of the Ferndale Labor Agreement (Agreement) dated November 15, 1985,
concerning the Employee Profit Sharing Plan, Ferndale Plant (the Plan).
Commencing January 1, 1986 the Plan and all standards therein will be used
to calculate Plant Performance and the resulting bonus payments, if any. If in
the future disputes arise that are not resolved, they may be submitted to the
first written Step of the grievance procedure as outlined in Article Eleven of
the Agreement.
Very truly yours,
/s/ X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
CONFIRMED:
/s/ Xxxx Xxxxxxxxx
Xxxx Xxxxxxxxx
Staff Representative
Provided the Plan uses only Ferndale plant information in its calculations;
Profit Sharing Plan to be effective the day after Closing with no retroactive
effect.
Appendix E
APPENDIX E
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
A $500 bonus, which is not to be included in base rate for determination of wage
changes or for any other earnings based calculation, will be paid to employees
eligible to vote on the ratification of a Successor Agreement ratified no later
than May 15, 2005.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx The $500 bonus does not apply to the ICBA negotiated
between Maverick and the USWA.
Xxxxxxx Xxxxxxxx
Staff Representative
Appendix F
APPENDIX F
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning a
performance bonus
A plant performance bonus of up to 6.5% calculated on an Employee's base
rate of pay, including overtime premium, for all hours worked, will be paid
quarterly to each Employee based on the plant performance as defined by and
calculated for the Ferndale Plant Employee Profit Sharing Plan as follows:
For 110.0% thru 114.9% plant performance; a 1.5% bonus For 115.0% thru
119..9% plant performance; a 3.0% bonus For 120.0% thru 124.9% plant
performance; a 4.0% bonus For 125.0% thru 129.9% plant performance; a 5.5%
bonus For 130.0% and above plant performance; a 6.5% bonus
Payments will be made in the second pay period following the end of each
quarter. This bonus will not be included in base rate for determination of any
wage change or for any other earnings based calculation.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
Provided the Plan uses only Ferndale plant information in its calculations;
Profit Sharing Plan to be effective the day after Closing with no retroactive
effect.
Appendix G
APPENDIX G
Appendix H
APPENDIX H
MEMORANDUM OF UNDERSTANDING
ON GRIEVANCE AND ARBITRATIONB. Agreement Regarding Processing of Discipline
Grievances
It is recognized that it is in the best interest of management and
Employees to resolve grievances concerning discipline as promptly as
practicable. Toward that end we agree to the following:
a. Where grievances concerning written reprimands or suspensions of five
days or less are to be arbitrated, they shall be arbitrated in the
Expedited Arbitration Procedure unless appropriate representatives of
the parties agree that such a grievance should be arbitrated in the
regular arbitration procedure; provided, however, that where grievances
concerning any discipline involving concerted activity or multiple
grievances arising from the same event are to be arbitrated, they shall
be arbitrated in the regular grievance procedure.
b. Where grievances concerning suspensions of more than five days or
discharge are to be arbitrated, they shall be arbitrated in the regular
arbitration procedure; provided, however, that the parties shall
provide that such grievances will be docketed, heard, and decided
within 60 days of appeal unless the permanent arbitrator determines
that circumstances require otherwise.
c. Notwithstanding the foregoing, appropriate representatives of the
parties may agree that grievances concerning suspensions of more than
five days or discharge may be arbitrated in the Expedited Arbitration
Procedure.
APPENDIX X-0
XXXXXXXXXX XX XXXXXXXXXXXXX
XX BACK PAY CALCULATIONS
This is to confirm our understanding that hereafter in applying Section 8-D
of the U.S. Steel Agreement and its counterpart provisions in agreements with
other Coordinating Committee Companies no deduction from back pay awards or
settlements under Section 8-D shall be made for governmental assistance
(excluding unemployment compensation and any similar payments), welfare, Trade
Readjustment Allowance benefits, or private charity received by an affected
employee, except that, in calculations made in accordance with Section 13-P,
Trade Readjustment Allowance benefits will be deducted. This understanding shall
also be effective for any grievance or arbitration case now pending, and shall
be without prejudice to the respective positions of the parties in disputes
concerning any matter not covered in this memo.
Appendix I
APPENDIX I
UNDERSTANDING WITH REFERENCE TO
PROGRESSION AND REGRESSION CHARTS
AND RULES APPLICABLE THERETO
IN INSTANCES SPECIFIED BELOW
It is understood and agreed that the following rules shall be adopted governing
certain uses of Progression and Regression Charts and Rules applicable thereto,
for all plants covered by agreements with the United Steelworkers of America,
except for those plants where it is hereafter mutually agreed in writing that
different rules with reference to this particular subject shall apply:
1. The Union recognizes and reaffirms the exclusive right of Management to
select and control its supervisory forces.
2. If at any time and from time to time Management shall conclude to reduce the
then number of its supervisory forces and shall then decide to place one or more
of such supervisors, below the rank of general xxxxxxx (or equivalent position),
on a position in a bargaining unit, then upon entering the bargaining unit any
such Employee who at any time, prior to or subsequent to this Understanding, has
worked on a job which is now in a bargaining unit shall have such seniority
rights as he may have acquired in any seniority unit up to the time of promotion
to a supervisory position. In other words, he will be given service credit for
the continuous service worked in the plant, department, unit, unit subdivision
and/or occupation and placed on the roster in the position to which his
continuous service entitles him in accordance with the seniority rules
prevailing in such seniority unit. Supervisory employees who have attained or
who do attain the rank of general xxxxxxx (or equivalent position) or Appendix I
higher and who subsequent to the date of this Understanding are returned to
the bargaining unit will not have any acquired seniority rights to
positions in the bargaining unit.
3. After an Employee from the bargaining unit has been promoted to a
supervisory position, if it is concluded by Management that he should be
returned to the bargaining unit any time within 6 months from the date of
such promotion, he shall be so returned without loss of seniority rights in
the seniority unit from which he came. If he is continued in such
supervisory position for more than 6 months, or for periods which total
more than 6 months, during the term of this Agreement, then in the event of
his return to a position in the bargaining unit his acquisition of
seniority rights will be deemed to have stopped as of the date of the last
promotion prior to the accumulation of such 6 months.
4. Any Employee who had authorized dues deductions while in the bargaining
unit shall upon his return to the bargaining unit have dues deductions
resumed for so long as the Company has a valid dues deduction
authorization. Within 5 days of any such regression provided above, the
Company shall inform the Financial Secretary of the appropriate Local Union
(a) of such regression of such supervisor and (b) whether or not such
regressed supervisor has executed a valid authorization for dues deduction.
5. This Understanding shall be effective as of April 1, 1986, and shall remain
in effect for the term of this Agreement.
APPENDIX J
MEMORANDUM OF UNDERSTANDING
ON MISCELLANEOUS MATTERS
(1) The understanding reflected in the prior Supplemental Agreement concerning
so-called portal-to-portal claims are readopted for the term of the new
Basic Labor Agreement.
(2) The proposals made by each party with respect to changes in the basic labor
agreements and the discussions had with respect thereto shall not be used,
or referred to, in any way during or in connection with the arbitration of
any grievance arising under the provisions of the basic labor agreements.
(3) During the term of this Agreement, Employees whose wages have been
garnished will not be disciplined because of such garnishments.
(4) No Employee shall be required by the Company to submit to a lie detector
test.
APPENDIX K
Appendix L
APPENDIX L
APPENDIX M
MEMORANDUM OF UNDERSTANDING
ON APPRENTICESHIP
APPRENTICESHIP TRAINING
DELETE UNLESS HAS APPLICATION TO FERNDALE PLANT; IF RETAINED, DELETE PROVISION
SECTION 3, APPRENTICESHIP COMMITTEE.
1. CRAFTS - TRAINING PERIODS - JOB CLASSES
The crafts involved, the training periods and the job classes therefore are
set forth in the Basic Labor Agreement. The Company may provide methods for
advancement to craft status other than through the apprenticeship training
program.
2. RETENTION OF APPRENTICES DURING PERIODS OF REDUCED OPERATIONS
(a) Except where circumstances outlined in Sub-section (d)-(6), (7) and (8)
below are currently applicable, an apprentice who has completed at
least 25% of the total hours required to complete the apprenticeship
training program in which he is enrolled at the time that he would, by
reason of the applicable seniority provisions, be laid off or demoted
to a lower rated job, shall be afforded the opportunity to and be
required to make a binding election either to:
(1) be laid off, demoted and recalled in accordance with all applicable
seniority provisions; or
(2) be placed in special training status and thereafter identified as
Apprentice - Special Training and, in lieu of the rate of pay as
would otherwise be determined under Article Five - Wages - of this
Agreement applicable to him, be paid at an hourly rate equal to
1/40 of 100% of the sum of the state unemployment compensation and
Weekly Benefits under the SUB Plan he would have received had he
elected to be laid off without regard to any other SUB eligibility
requirements; provided that for any week he is engaged in
classroom and/or on-the-job type assignments for some but less
than 40 hours, he shall be paid such hourly rate for a minimum of
40 hours less any hours he did not participate in such assignments
for reasons other than the failure of the Company to make such
assignments available or for just cause. The provisions of this
Agreement relating to Sunday premium and shift differential shall
not be applicable.
(b) An Apprentice - Special Training will be entitled to the provisions of
the Basic Labor Agreement, and will be normally scheduled for 5
consecutive, 8-hour days of training (classroom and/or on-the-job type
assignments) per week. He will be expected to complete such daily and
weekly hours of training which are maximums and will not be exceeded.
Further, in weeks containing a holiday an apprentice will not be
scheduled for training on the holiday.
(c) Such classroom and on-the-job assignments as an Apprentice - Special
Training may be called upon to perform shall be consistent with the
apprenticeship training program in which he is enrolled; provided,
however, that such assignments shall not deprive any other Employee of
employment to which such other Employee would otherwise be entitled.
(d) An apprentice who elects to be placed in such special training status
will only be removed from such status:
(1) upon recall to active employment as an apprentice in accordance
with the applicable seniority provisions,
(2) upon satisfactory completion of his apprenticeship training
program,
(3) upon suspension of the apprenticeship retention program due to a
drop in the financial position o the SUB Plan below 35%,
(4) upon unsatisfactory performance, including failure to report
without just cause for scheduled hours of training,
(5) upon changing his election with the mutual consent of Management,
(6) upon the abandonment of the craft within any plant as a result of
a shutdown of the plant, a portion thereof, or discontinuance of a
product line,
(7) upon the substantial reduction in the number of required craftsmen
within any given craft as a result of technological changes in
steel-making processes, practices or equipment, or
(8) upon mutual agreement between a representative of the corporate
office of the Company and the International Union that such
special training status within a given craft or crafts should be
discontinued or suspended.
An apprentice who is removed from special training status in accordance
with (d)-2, (3), (4) (5), (6), (7), or (8) as stipulated above will be
placed on layoff and recalled in accordance with all applicable
seniority provisions.
3. APPRENTICESHIP COMMITTEE
The Apprenticeship Committee composed of an equal number of representatives
of the Coordinating Committee Steel Companies and the Union shall be
continued.
The Committee shall review the contents of the existing apprenticeship
programs for the purpose of (1) developing uniform standards relating to
educational attainment through classroom or similar study by apprenticeship
periods, (2) developing uniform standards relating to on-the-job work
achievement and the time schedules of required experience by type and/or
class of work by apprenticeship periods, and (3) developing uniform
standards for determining the level, if any, of advanced apprenticeship
credit to be allocated to employees transferring to an apprenticeship
program from a related job. A report of its determinations, or a detailed
report of the areas of disagreement in the event it fails to arrive at
agreed determinations, shall be presented to the Chairman of the
Coordinating Committee Steel Companies and the President of the Union who
shall resolve such disagreement.
The agreed standards shall thereafter be adopted by letter agreement
between the Chairman of the Coordinating Committee Steel Companies and the
President of the Union, and shall provide (1) the criteria for advancement
from one apprenticeship period to the next, and (2) the criteria for
determining the level, if any, of advanced apprenticeship credit to be
allocated to employees transferring to an apprenticeship program from a
related job.
Pending the development of the aforementioned standards and their adoption,
the existing apprenticeship programs and such new programs as may be added
shall continue.
APPENDIX N
November 15, 1990
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
0000 Xxxxxxxxx Xxxx, Xxxxx 000
Xxxxx Xxxx, Xxxxxxxx 00000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1990 concerning
checkoff.
The Company will implement the dues checkoff provisions of this Agreement
in accordance with the applicable provisions of the Memorandum of Understanding
on Checkoff in the November 15, 1990 Labor Agreement covering production and
maintenance Employees of the Former Republic Steel facilities.
Very truly yours,
/s/ X. X. Xxxxxxxx
X. X. Xxxxxxxx
General Manager
Human Resources
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
APPENDIX O
MEMORANDUM OF UNDERSTANDING
ON SUBSTITUTE XXXXXXX
This will confirm our understanding that the turns worked by an Employee as a
substitute supervisor shall be counted as days worked for the purpose of
applying any existing practice or local agreement on the distribution of
overtime. The foregoing shall not be applicable when the Employee is assigned to
substitute supervisor for a full week.
Except as hereinabove provided, the scheduling or assignment of an Employee to
such position and the terms and conditions applicable to such position shall
continue to be solely as determined by Management.
APPENDIX P
MEMORANDUM OF UNDERSTANDING
ON SUPERVISORS WORKING
This letter will record our understanding that the provisions of Article Two -
Recognition, Section 4, of the Basic Labor Agreement, dated March 1, 1983, with
respect to supervisors working are not intended to be construed as authorizing
supervisors to perform work in violation of any presently existing local
agreement or binding practice.
APPENDIX Q
APPENDIX R
APPENDIX S
MEMORANDUM OF UNDERSTANDING
ON PLANT PROBLEM DISCUSSIONS
This letter is to confirm our understanding that there should be on-going
discussions regarding situations that are considered to be local plant problems
by plant management or the local union president.
Therefore, during the term of the Labor Agreement dated November 15, 2000, the
local parties will discuss problem situations raised by each other. If these
problems cannot be satisfactorily resolved at the plant level, either local
party may refer such matter to the Staff Representative and the Manager of Human
Resources for their further consideration.
The local plant problem situations referred to above
do not include any subject matter which has been,
is now, or may be subject to the grievance
procedure set forth in Article Eleven of the Labor
Agreement.
APPENDIX T
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, XX 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiations of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning the
Employee Profit Sharing Plan revisions.
The Plan has been revised to include the following changes:
1. The weighting factors (Exhibit I, G) used to calculate the Plant
Performance have been changed to reflect the separation of direct and
indirect performance. Previously, these two categories were combined
into a single determinate defined as production performance and carried
a total weighting factor of 68% of the total Plant Performance. This
change provides two distinct determinants with individual weighting
factors for direct and indirect performance at 50% and 18% respectively
of the total Plant Performance.
2. The payout percent ceiling in Exhibit II of the Plan has been increased
from 12% to 15% of the operating income as defined by the Plan.
3. The payout percent determinants in Exhibit II have also been changed to
reflect increased pay opportunity. (Refer to Plan Document).
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
Provided the Plan uses only Ferndale plant information in its calculations;
Profit Sharing Plan to be effective the day after Closing with no retroactive
effect.
MEMORANDUM OF UNDERSTANDING
Overtime Equalization and Guidelines
Scheduled and unscheduled worked overtime will be equalized by incumbent
position by shift for the term of the November 15, 2000 Labor Agreement in
accordance with the following guidelines:
Two overtime equalization records, one for pool positions, one for all
other positions, Sunday through Friday, and one for Saturday for all
positions, will be kept by Union and Management department representatives
who will determine the Employee eligible for overtime and will inform the
Management employee designated to schedule or call said Employee.
An Employee will be charged for all overtime worked and refused and for
which the Employee was not available.
The overtime equalization will be updated and posted weekly with the
department weekly work schedule and any Employee who wishes to dispute the
record must contact the management department representative by the end of
the Employee's first scheduled shift the following week; otherwise the
record will be considered correct.
Under normal circumstances an Employee shall not be offered more than
sixteen hours of overtime in excess of any other Employee on the same
position in a three-month period.
An Employee new on a position will be charged overtime equal to the average
for his/her new position on his/her shift.
Overtime hours worked on union business will not be charged.
If the wrong Employee is scheduled or called for overtime, the Employee who
should have received the overtime will be equalized for the hours missed or
paid for hours not worked by the end of the three-month period. If overtime
is created for this reason and the Employee refuses, or is not available,
he/she will be charged and the overtime offered to all other Employees on
that position on that shift.
If all Employees on a position refuse overtime it will be offered to the
Employee with the most plant continuous service who is qualified for that
position and then down the continuous service roster until all positions
are filled.
If all qualified Employees refuse overtime, management will direct the
incumbent Employee on that position with the least plant continuous service
and work up the continuous service roster for that position until all
positions are filled.
It remains management's discretion to fill or not fill a vacancy and to
fill any vacancy without use of overtime whenever possible.
In recognition of differences between departments, department supervisors
and union representatives may agree to department arrangements for
equalization of overtime as long as they conform to the above.
FOR THE UNION: FOR THE COMPANY:
Staff Representative Gen. Mgr. Human Resources
-----
President Local 2508 Plant Manager
11/15/90 11/15/90
Date Date
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning a New
Employee Orientation Program.
The parties will develop a joint orientation program for new hires which
will include introduction of management and local union representatives, joint
emphasis on quality and customer satisfaction and participation and
problem-solving.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning a 100%
metatarsal safety shoe program during the term of this Agreement.
The Company agrees to pay each employee, a safety shoe allowance in the
first pay period of each year of the Labor Agreement according to the schedule
shown below and continue to pay the metatarsal portion ($20) of the safety shoe.
YEAR SAFETY SHOE ALLOWANCE
----- ---------------------
2001 $55
2002 $40
2003 $40
2004 $55
2005 $40
The Company also agrees to pay for the second pair of shoes in any one year
provided the first pair of shoes have been declared by supervision to be worn
out. Worn out shoes must be turned in prior to receiving new shoes.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning meal
allowance.
When an Employee is notified during his/her work shift that he/she must
work overtime at the end of the shift and such overtime continues beyond the
fourth (4th) hour, he/she will be paid a meal allowance of $5.00 and that such
meal allowance will be included in the employee's regular pay check for the pay
period immediately following such allowance.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning single
days of vacation.
For Employees with more than two (2) weeks of vacation entitlement, Plant
Management and the Local Union may mutually agree upon a system that would
permit such Employees to designate one (1) week of vacation entitlement to be
taken in single days in conformance with the following guidelines:
1. Any system agreed upon is to be without precedent or prejudice to the
issue of single day vacation scheduling in future years.
2. The one week in single vacation days in equal to five calendar days.
3. An Employee is to elect to take one week of vacation in single days and
to schedule the days as part of the regular vacation election process
in October.
4. An Employee cannot designate a holiday as a single day of vacation.
5. Employees who have elected the week in single days, who do not take the
five working days in the calendar year, will not be permitted to carry
those days into the following calendar year. Such situations shall be
treated as though they were pay in lieu of vacation.
6. Employees who have elected the week in single days, who do not take the
five working days in the calendar year, will not be permitted to carry
those days into the following calendar year. Such situations shall be
treated as though they were pay in lieu of vacation.
7. Employees will not be permitted to trade a single day or days of
vacation for an unauthorized absence. An Employee may be granted a
single day or days vacation in cases of legitimate sickness or
disability. Under no circumstances may a single day of vacation be
granted retroactively.
8. For the purpose of the application of the revisions of the Agreement
and the benefit programs, single vacation days are treated in the same
manner as regular weekly vacation. Therefore, single vacation days are
not considered as days or hours of time worked for the purpose of
determining any overtime liability.
9. Single day vacation should be scheduled within the existing vacation
quotas. If the system does permit single day vacation above the established
quotas, it should not be precedent for a quota increase.
10. Employees should not be permitted to take personal time if they have
unused single day vacation (e.g., for extending a bereavement period).
11. Employees who request a change in a scheduled single day of vacation
must provide at least 2 weeks advance notice. Any such request will be
granted at Management's discretion and such Employee will not be
permitted to displace another Employee on the vacation schedule.
12. The Union should consider waiver of any restrictive practice that
impacts the single day vacation issue.
13. Single days of vacation should not be permitted during critical
maintenance or operating periods such as maintenance downturns on
critical units.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm several understandings reached during the negotiation of
the Ferndale Labor Agreement (Agreement) dated November 15, 2000, concerning
vacations and holidays during the term of this Agreement.
The Company will continue its current practice of making every effort to
not schedule employees the Saturday prior to and the Sunday following a week of
scheduled vacation.
The Company will continue its current practice of making every effort
to not schedule employees on the Saturday and Sunday following a single day of
vacation taken on Friday. For at least two, and possibly four, Fridays taken as
a single day of vacation, each year, scheduled in accordance with the
understanding concerning single days of vacation, the Company will not schedule
the Employee on the following Saturday.
In the event of back to back holidays on a Sunday and Monday, for the day before
Christmas Day and Christmas Day, the holidays will be observed on Monday and
Tuesday.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning posting
of schedules for weekend and Holiday work during the term of this Agreement.
The Company will post notice of weekend and holiday work schedules by
Thursday noon prior to the weekend in which a holiday or weekend work occurs.
The Company will also post notice of holiday schedules by Thursday noon prior to
the week in which a holiday occurs between Monday and Friday. Whenever possible
the Company will provide seven days prior notice for weekend and holiday work.
Without prejudice to the Company's right to schedule, the Company will
allow a qualified volunteer the opportunity to work in place of another employee
scheduled for holiday work.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 2000 concerning job
content.
1. Machine Operators will perform maintenance repairs on their operating
units, if possible, or assist maintenance Employees with repair or
assist Employees with repair or service tasks, on their operating
units, falling outside the range of operator skills.
2. Transportation Employees assigned to service #5 Welder, as well as Xxxx
Pullers, will assist the Xxxxx Operator (208-65), as needed.
3. There shall be no restrictions as to the type and quantity of material
which Transportation Employees will move.
4. The Steel Room Leader (208-47) will remove scrap from the Welding
Department and perform clerical inventory work.
5. The duties o f the former Machine Control (Floor) Inspector (20-9-15)
shall be assigned to Employees working on production units.
If additional duties are added to any job referred to above, the Company
agrees to review the Job Description and Classification for that job in
accordance with the provisions of the Agreement.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx
Staff Representative
November 15, 2000
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1997 concerning job
content.
1. Machine Operators will perform maintenance repairs on their operating
units, if possible, or assist maintenance Employees with repair or
assist Employees with repair or service tasks, on their operating
units, falling outside the range of operator skills.
2. Transportation Employees assigned to service #5 Welder, as well as Xxxx
Pullers, will assist the Xxxxx Operator (208-65), as needed.
3. There shall be no restrictions as to the type and quantity of material
which Transportation Employees will move.
4. The Steel Room Leader (208-47) will remove scrap from the Welding
Department and perform clerical inventory work.
5. The duties of the former Machine Control (Floor) Inspector (20-9-15)
shall be assigned to Employees working on production units.
If additional duties are added to any job referred to above, the Company
agrees to review the Job Description and Classification for that job in
accordance with the provisions of the Agreement.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
November 15, 1997
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm several understandings reached during the negotiation of
the Ferndale Labor Agreement (Agreement) dated November 15, 1997 that will
remain in effect for the term of said Agreement.
The parties will continue to work together in order to achieve the greatest
possible plant efficiency by eliminating unnecessary downtime and other
inefficiencies.
The Parties will continue to work to improve the efficient utilization of
Employees working on the jobs of Millwright and Machinist such as the
performance of field work by Machinists and the performance of simple machining
by Millwrights.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
Appendix HH
APPENDIX HH
November 15, 1997
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1997 concerning
Continuous Operations.
The parties agree that No. 5 Welder, the Conduit Welders and the
Galvanizing Departments will continuously operate through breaks, lunch and
between shifts. The parties further agree, on those shifts where no shift
immediately follows, normal wash up time will apply.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
Appendix II
APPENDIX II
Appendix JJ
APPENDIX JJ
November 15, 1997
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1997 concerning several
understandings.
The parties agree to continue any current practices relating to Consent
Decree 1.
The parties agree Employees can be scheduled and work four ten (10) hour
turns, without the payment of overtime, Monday through Thursday, by mutual
agreement.
The parties agree to continue the practice of conducting Step 1 grievance
meetings after the Union representative's scheduled hours. However, if the need
arises to discuss a grievance during the Union representative's scheduled hours,
the Company will not dock the Union representative for reasonable time spent
discussing the grievance. The parties agree to continue the current practice for
payment for Step 2 meetings.
The Company agrees to continue the current practice of allowing the
Galvanizing Department to shutdown for Union meetings with mutual agreement.
The Company will continue to provide tools for production and skilled
trades per past practices.
The Company agrees to make every reasonable effort to inform Employees of
the need to work Saturdays as far in advance as practicable and to post a
tentative Saturday schedule on the Wednesday immediately preceding the Saturday
in question.
The parties agree that Pool employees will be scheduled by shift
preference, than by highest job class. Single change may be made with no
consequent "bumping".
The Company will maintain the existing visitor parking spaces and reserve
three additional spaces for plant supervisors. All other spaces will be
available on a first come first serve basis.
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Appendix KK
APPENDIX KK
Appendix LL
APPENDIX LL
November 15, 1997
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1997 that the company
will make every effort to transfer bid winners, except those on key jobs within
thirty (30) days following completion of a forty-five (45) day work period. The
key jobs identified are as follows:
1. Conduit Weld Operator
2. Conduit Weld Leader
3. #5 Weld Operator
4. Utilityman (Utility Relief Operator) 5. Galvanizing Set-up Man 6.
Slitter Operator 7. All Trade & Craft Jobs 8. Waste Water Treatment
Operator
Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
Appendix MM
APPENDIX MM
November 15, 1997
Xx. Xxxxx Xxxxxxxx
Staff Representative
United Steelworkers of America
00000 Xxxxxxx Xxxxx
Xxxxxx, Xxxxxxxx 00000-0000
Dear Xx. Xxxxxxxx:
This will confirm our understanding reached during the negotiation of the
Ferndale Labor Agreement (Agreement) dated November 15, 1997 concerning job
bidding during the term of this Agreement.
1. By mutual agreement of the parties, an employee will be allowed to bid
down in his own department, provided there is a job vacancy and the
Employee has a sufficient reason such as a documented medical need.
Such refusal should not be unreasonably withheld.
2. An employee who does bid down in accordance with (1) above, must be
available to fill in on his former job, as needed, to cover temporary
vacancies without regard to shift.
3. An employee who elects to transfer to another department will not hold
shift preference in the new department until after 45 days have elapsed
or he has waived return to his home department.
4. Successful bidders on multi-rated jobs will be paid the Intermediate
and Standard rate of pay for all hours worked, on any job, retroactively, after
successfully qualifying as the job duties at the Intermediate and Standard
level. Very truly yours,
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx
Manager Labor Relations
RCW:fa
CONFIRMED:
/s/ Xxxxx Xxxxxxxx
Xxxxx Xxxxxxxx
Staff Representative
Appendix NN
APPENDIX NN
Appendix OO
APPENDIX OO
Appendix PP
APPENDIX PP
Appendix QQ
APPENDIX QQ
Appendix RR
APPENDIX RR
ADDITIONAL MATTERS - SUCCESSORSHIP
o The Company agrees that it will not sell, convey, assign or
otherwise transfer the plant or significant part thereof if it
has not been permanently shutdown for at least 8 months to any
other party (Buyer) who intends to continue to operate the
business as the Company had, unless the following conditions
have been satisfied prior to the closing date of the sale:
a. The Buyer shall have entered into an Agreement with
the Union recognizing it as the bargaining
representative for the employees within the existing
bargaining unit.
b. If requested by the Company the Union will enter into
negotiations with the Company on the subject of
releasing and discharging the Company from any
obligations, responsibilities and liabilities to the
Union and the employees, except as the parties
otherwise mutually agree.
o The Buyer shall have the option to accept the current labor
agreement with the Union or to enter into a new agreement
establishing the terms and conditions of employment.
o This provision is not intended to apply to any transactions
solely between the Company and any of its subsidiaries or
affiliates or its parent company including any of its
subsidiaries or affiliates; nor is it intended to apply to
transactions involving the sale of stock, except if the plant
or significant part thereof is sold to a third party pursuant
to a transaction involving the sale of stock of a subsidiary.
ADDITIONAL MATTERS - 401(k) PLANS
o Maverick shall adopt a separate 401(k) plan for Maverick
employees employed in each of the USWA bargaining units at the
Counce, Elyria, Ferndale and Youngstown plants. The Youngstown
plant 401(k) plan shall include in a single plan employees
employed in the P&M and O&C bargaining units.
o The 401(k) plan shall have the same terms and provisions as
the Maverick 401(k) currently in effect for Maverick non-union
employees and shall be effective as of the same date the ICBA
for the plant is effective. Service for purposes of the 401(k)
plan shall not include employment with LTV.
o An exception to having the same terms and provisions as the
Maverick 401(k) currently in effect for Maverick non-union
employees, the 401(k) for the USWA bargaining units shall have
the following terms: Maverick shall be required to contribute
per plan year 4% of the employee's W-2 wages paid by Maverick
without any required matching contribution by the employee;
any LTV employee who becomes a Maverick employee and works at
least one (1) hour in a bargaining unit job shall be
immediately vested under the 401(k) plan.
o The claims procedure of the 401(k) plan and not the grievance
and arbitration procedure of the ICBA shall be used to resolve
claims that may arise regarding the administration of the
401(k) plan.
ADDITIONAL MATTERS - HEALTH CARE, LIFE INSURANCE AND LTD PLANS
o Maverick shall provide group insurance plans for health care,
life insurance, and Long Term Disability for Maverick
employees employed in the USWA bargaining unit at the Ferndale
plant. No retiree coverage is provided.
o The plans shall have the same terms and provisions, including
co-pays, deductibles and employee premiums, as the Maverick
plans currently in effect for Maverick's non-union employees
and shall be effective as of the same date as the ICBA for the
plant is effective, provided, however, the co-pays,
deductibles and employee premiums shall not be increased
during the term of this Agreement.
o The claims procedure of the plans and not the grievance and
arbitration procedure of the ICBA shall be used to resolve
claims that may arise regarding administration of the plans.
ADDITIONAL MATTERS - EMPLOYEES OF LTV WHO DO NOT BECOME EMPLOYEES OF MAVERICK
o The parties recognize that the definition of employee as set
forth in this ICBA may exclude employees of LTV who do not
become employees of Maverick because they are not actively at
work at the time this ICBA becomes effective due to such
reasons as sickness, injury, impairment, discharge or layoff
and therefore will not be covered by the provisions of this
ICBA unless and until such person may be employed by Maverick.
The parties agree that what, if any, are responsibilities or
obligations to such persons are matters to be determined
between LTV and the USWA.
ADDITIONAL MATTERS - RATIFICATION BONUS
Maverick Tube Corporation shall pay a ratification bonus in the gross
amount of seven hundred fifty ($750) dollars subject to the following
conditions:
(1) Persons eligible. Each USWA member who is, as of the
ratification date, a member in good standing (as determined by
the USWA) in a USWA bargaining unit at the Counce, TN,
Youngstown, OH, Elyria, OH, or Ferndale, MI plants. The number
of good standing members in the aggregate is 248 as of
November 1, 2002.
(2) Time Period. All USWA bargaining units at all plants must
ratify their respective labor agreement for the bargaining
unit no later than November 15, 2002.
(3) List of Persons Eligible. Promptly following the ratification
by all bargaining units, the USWA will supply Maverick Tube
Corporation with a list by plant of the names, mailing
addresses and social security numbers of the persons eligible
for the ratification bonus.
(4) Not Part of Regular Wages. The ratification bonus shall not be
a part of the regular wage rate for persons who become
employees of Maverick Tube Corporation on or after the Closing
date.
(5) The $750 gross amount of the bonus payment will be reduced by
income tax withholding and FICA.
(6) When Ratification Bonus Payment Due. A check in the $750 gross
amount of the ratification bonus, reduced by income tax
withholding and/or FICA tax as may be applicable, shall be
mailed to each eligible person at the address provided by the
USWA within ten (10) business days of the Closing, provided
the Closing occurs.
ADDITIONAL MATTERS - SETTLEMENT AGREEMENT TO THIS PRINTED COLLECTIVE BARGAINING
AGREEMENT
1.0 Parties.
-------
1.1 The parties to this Initial Collective Bargaining
Agreement ("ICBA") are the United Steelworkers of America, AFL-CIO-CLC ("USWA")
with headquarters at Xxxx Xxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000, and
Maverick Tube Corporation ("Maverick"), whose principal place of business is
located at 00000 Xxxxxxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000.
2.0 Purposes.
--------
2.1 Maverick intends to purchase substantially all of the
assets of the Ferndale, Michigan plant of bankrupt LTV Corporation and to offer
employment to persons who are currently actively at work in jobs in the
bargaining unit at the plant for which the USWA is the exclusive bargaining
representative. The USWA and Maverick desire to have in place an ICBA which will
become effective as described in Section 8.0 below.
2.2 The parties have used the printed booklet labor agreement
dated November 15, 2000 as modified through December 19, 2001 between LTV and
the USWA applicable to the Ferndale, Michigan plant as a reference in
identifying topics agreed to be included and excluded in this ICBA. The parties
recognize the difficulty in arriving at specific contract language for all
topics agreed to be included in this ICBA in the time the parties wish to
conclude this ICBA. Therefore, this ICBA is presented in summary form as topics
to be included and excluded in this ICBA. As to topics which are included but
require modification or substitution of existing language as noted herein and in
the summary Appendix, the parties recognize their respective obligations after
Closing to negotiate in good faith to arrive at specific contract language as to
topics included should either party desire to do so.
3.0 Definition of Employee or Purposes of this ICBA.
-----------------------------------------------
3.1 Notwithstanding any other provisions of LTV/USWA labor
agreement applicable to the Ferndale, Michigan plant or the definition of
Employee in the Appendix of this Agreement, Employees are: (1) persons actually
performing work on a job in the bargaining unit in the pay period immediately
preceding the closing; and (2) persons who would be actually performing work on
a job in the bargaining unit in the pay period immediately preceding the closing
but who are absent from work in such pay period because of scheduled vacation,
funeral leave, military service or encampment or other authorized absence for
which absence the person continued to receive his/her regular wage in such pay
period; and (3) such persons as described in provisions (1) or (2) who has not
quit, retired or otherwise ceased active employment with LTV as of the day
before the Closing and who accept employment with Maverick and who actually
perform work in a job in the bargaining unit after Closing.
4.0 Topics Included, Included as Modified and Excluded in this
ICBA Using the LTV/USWA Labor Agreement for Reference Are Part
of This ICBA and Attached as the Appendix.
5.0 Subjects Specifically Excluded in the ICBA.
5.1 In addition to the topics deleted in the Appendix, the
following subjects are specifically excluded from the ICBA of the Ferndale, MI
plant:
1. Defined benefit pension plan
2. Retiree and surviving spouse health, hospital-medical
and life insurance 3. Overtime Control Training Fund
(no provision in current LTV/USWA Ferndale
Agreement).
4. Institute for Career Development (no provision in
current LTV/USWA Ferndale Agreement)
5. Employee Investment Program (no provision in current
LTV/USWA Ferndale Agreement)
6. VEBA trust
7. Stand Up for Steel Funding 8. Educational Assistance
Plan
9. Neutrality Agreement (no provision in current
LTV/USWA Ferndale Agreement) 10. Supplemental
Unemployment Benefit Plan (no provision in current
LTV/USWA Ferndale Agreement).
11. Understanding on National Health Care Program 12.
Family and Medical Leave 13. National Policy for
Steel Agreement 14. Employee and Union Involvement
15. Successorship (no provision in current LTV/USWA
Ferndale Agreement). See provision concerning
successorship under Additional Matters
16. Seat on Board of Directors
17. Any and all published or unpublished agreements, side
letters or memoranda of understanding not referenced as
included in the Appendix of this ICBA. Provided,
however, that as an exception to the immediately
preceding sentence, there are certain specific Local
Working Condition Agreements ("LWCA") which the parties
agree are made part of this ICBA. A LWCA which is made
part of this ICBA is defined as a written agreement
meeting all of the following criteria: (a) a separate
written agreement not appearing in the most recent
printed labor agreement booklet between LTV and the
USWA for the plant; (b) which is signed by the USWA and
LTV and is now in effect at the plant; (c) which sets
forth a specific local working condition for the plant;
(d) which was entered into between the USWA and LTV at
the plant level (i) as a result of local plant
negotiations concluded in August of 1999 or hereafter
or (ii) if entered into prior to August of 1999, was
recognized or continued without protest after August of
1999; and (e) which is not a published or unpublished
agreement, side letter agreement or memorandum of
understanding which is (i) described as excluded in
items 1 through 16 above or (ii) deleted as shown in
the Appendix; or (iii) inconsistent with the provisions
of this ICBA as set forth.
Within 90 days following this ICBA becoming effective
at the plant, the parties at the plant shall jointly
assemble all LWCA as defined herein for the plant
bargaining unit. Should a dispute arise as to whether
an agreement is a LWCA as defined herein, the parties
at the plant level shall meet to attempt to resolve
the dispute. If the dispute is not resolved at the
plant level, either party may submit the dispute to
arbitration under the arbitration provisions for the
plant/bargaining unit. By mutual agreement, more than
one disputed LWCA may be presented in the same
arbitration. The party contending that the agreement
is a LWCA as defined herein shall have the burden of
proof by clear and convincing evidence that the
agreement meets all of the criteria of a LWCA as
defined herein.
6.0 Maverick Not Responsible For Pre-Effective Date Liabilities or
Obligations
6.1 Maverick shall not be responsible for monetary or other
relief for any period prior to the effective date of this ICBA resulting from
claims, grievances, liabilities or obligations arising from collective
bargaining agreements between LTV or its affiliates and the USWA.
6.2 The sale of assets by LTV to Maverick shall not constitute
an event for which Maverick is liable for severance or any other payment or
benefit to any employee or former employee of LTV whether or not that person
becomes an employee of Maverick after the sale.
7.0 Complete Understandings.
7.1 The parties have negotiated in good faith with respect to
all manner of mandatory and permissive subjects of bargaining either party has
sought to raise. This ICBA contains the complete understanding of the parties
with respect to topics and items to be included in, modified and excluded from
the ICBA.
8.0 Effective Date of ICBA.
8.1 The parties agree that this ICBA for the Ferndale,
Michigan plant shall not become effective unless each USWA bargaining unit at
the Counce, Tennessee plant, the Youngstown, Ohio plant and the Elyria, Ohio
plant shall have entered into a separate ICBA for each respective USWA
bargaining unit. This condition shall only apply to this ICBA.
8.2 Provided the conditions described in 8.1 above have been
satisfied, the ICBA for the Ferndale, Michigan plant shall be effective 12:01
a.m. the day next following the day on which the Closing occurs.
UNPUBLISHED LETTER
November _____, 2002
Xxxxx XxXxxx
District Director, District 1
United Steelworkers of America
000 Xxxxxxxx Xxxx Xxxx
Xxxxx X
Xxxxxxxx, XX 00000
Dear Xx. XxXxxx,
This will confirm our understanding reached during the negotiation of
the Ferndale Labor Agreement between the USWA and Maverick Tube Corporation
concerning the status of six (6) LTV employee who as of November 1, 2002 are
receiving LTD benefits under the LTD plan currently in effect between LTV and
the USWA at the Ferndale plant.
LTV self-insures its LTD plan benefits as well as other healthcare
benefits these persons may be presently receiving under LTV plans. It is likely
that as a result of bankruptcy proceedings, LTV will soon terminate the LTD plan
benefits and other LTV health plan benefits for these persons. Since these
persons are unlikely to become employees of Maverick Tube Corporation and
Maverick Tube Corporation has declined to accept responsibility for the
obligations of LTV with respect to LTD benefits or other benefits of LTV
employees who do not become employees of Maverick Tube Corporation by performing
work in the bargaining unit, the USWA is concerned that these six (6) persons
will soon be without healthcare coverage.
In light of this concern, Maverick agrees, conditioned upon
ratification of the Ferndale agreement and the sale of the Ferndale plant to
Maverick closing as contemplated, that Maverick will, upon closing, use
reasonable efforts to make available to such six persons coverage under
Maverick's sponsored medical, hospitalization and drug prescription plans, but
not its Life Insurance, Sickness and Accident or LTD plans, at a monthly charge
to the person equal to what is the COBRA continuation monthly charge for such
coverages. If the coverages are available under the Maverick sponsored plans,
the coverage will be made available for up to 24 months, conditioned upon prompt
payment of the premium by the person. Such reasonable efforts of Maverick shall
be consistent with the existing terms of the respective Maverick-sponsored plans
and ERISA regulations.
Very truly yours,
------------------
Xxxxx Xxxxxxxxx
Maverick Tube Corporation
Confirmed:
--------------------------
Xxxxx XxXxxx
Entered Into this 1st day of January, 2003
United Steelworkers of America, AFL-CIO, CLC Maverick Tube Corporation
/s/ X.X. XxXxxx /s/ Xxxxx Xxxxxxxxx
------------------------------------ ---------------------------
/s/ Xxxx X. Xxxx /s/ Xxxxxxxx Xxxxxxxxxxx
------------------------------------ ---------------------------
/s/ Xxx Xxxxxxx
---------------------------
