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EXHIBIT 10.15
AGREEMENT
BETWEEN
LOCKHEED XXXXXX UTILITY SERVICES, INC.
PORTSMOUTH GASEOUS DIFFUSION PLANT
AND
INTERNATIONAL UNION, UNITED
PLANT GUARD WORKERS OF AMERICA
AND ITS AMALGAMATED LOCAL NO. 66
EFFECTIVE: August 3, 1997
EXPIRATION: August 4, 2002
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TABLE OF CONTENTS
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AGREEMENT.........................................................................
ARTICLE I SCOPE.......................................................
ARTICLE II RECOGNITION.................................................
Section 1. Establishment and Limitation................................
Section 2. Definition of Employee......................................
Section 3. Noninterference.............................................
Section 4. Union Responsibilities......................................
Section 5. Contract Distribution.......................................
ARTICLE III MANAGEMENT CLAUSE...........................................
ARTICLE IV CONTINUITY OF OPERATIONS....................................
ARTICLE V PROTECTIVE SECURITY.........................................
ARTICLE VI UNION SECURITY AND DEDUCTION OF DUES........................
Section 1. Dues Requirements...........................................
Section 2. Delinquency of Dues.........................................
Section 3. Deduction of Dues...........................................
Section 4. Authorization of Deduction..................................
Section 5. Make-Up Dues................................................
Section 6. Termination of Deduction....................................
Section 7. Voluntary Checkoff..........................................
ARTICLE VII GRIEVANCE PROCEDURE........................................
Section 1. Intent and Distribution of Answers.........................
Section 2. Union Representatives......................................
Section 3. Grievance Procedure........................................
Section 4. Grievance Steps............................................
Section 5. Monetary Settlements.......................................
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Section 6. Arbitration................................................
Section 7. Union Representation.......................................
ARTICLE VIII SENIORITY
Section 1. Continuous Service.........................................
Section 2. Probationary Period........................................
Section 3. Security Clearance Requirement.............................
Section 4. Reduction in Force.........................................
Section 5. Returning to the Bargaining Unit...........................
Section 6. Transfer to Unit...........................................
Section 7. Seniority List.............................................
Section 8. Realignment................................................
Section 9. Shift Preference...........................................
Section 10. Disqualification...........................................
ARTICLE IX LEAVE OF ABSENCE...........................................
Section 1. Qualification and Reinstatement............................
Section 2. Union or Government Official...............................
Section 3. Absence Notification.......................................
Section 4. Failure to Report on Expiration............................
ARTICLE X HOURS OF WORK..............................................
Section 1. Definitions................................................
Section 2. Standard Workday - Workweek................................
Section 3. Working Schedule...........................................
Section 4. Irregular Shift............................................
Section 5. Notification of Change.....................................
Section 6. Military Pay...............................................
Section 7. Trading Shifts.............................................
Section 8. Overtime Opportunity.......................................
Section 9. Work Before Shift Start....................................
Section 10. Overtime Lists.............................................
Section 11. Overtime - 7th Consecutive Day.............................
Section 12. Overtime - 6th Consecutive Day.............................
Section 13. Credited Hours.............................................
Section 14. Duplication of Premium Hours...............................
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Section 15. Holidays...................................................
Section 16. Change in Working Schedule.................................
Section 17. Emergency Call-in..........................................
Section 18. Reporting Pay..............................................
Section 19. Meal Allowance.............................................
Section 20. Jury Duty..................................................
Section 21. Funeral Pay................................................
ARTICLE XI WAGES......................................................
Section l. Base Hourly Rates..........................................
Section 2. Rate Changes...............................................
Section 3. Recall.....................................................
Section 4. Exclusion of Premium Pay...................................
Section 5. Shift Differential.........................................
Section 6. Saturday/Sunday Bonus......................................
ARTICLE XIII LAYOFF ALLOWANCE...........................................
Section 1. Eligibility................................................
Section 2. Payments...................................................
Section 3. Recall Eligibility.........................................
Section 4. Successor Clause...........................................
ARTICLE II VACATIONS..................................................
Section 1. Eligibility................................................
Section 2. Extended Working Schedule..................................
Section 3. Vacation Period............................................
Section 4. Holiday During Vacation Period.............................
Section 5. Scheduling.................................................
Section 6. Exiting Employees..........................................
Section 7. Deceased Employees.........................................
Section 8. Deferred Vacation..........................................
ARTICLE XIV GENERAL PROVISIONS.........................................
Section 1. Uniforms and Equipment.....................................
Section 2. Bulletin Board.............................................
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Section 3. Work by Non-Bargaining Unit Personnel......................
Section 4. Relief.....................................................
Section 5. Non-discrimination.........................................
Section 6. Payday.....................................................
Section 7. Health and Safety..........................................
Section 8. Prescription Glasses.......................................
Section 9. Rotation...................................................
Section 10. Work Assignments...........................................
Section 11. Change in Policies.........................................
Section 12. Definition - Days..........................................
Section 13. Educational Assistance.....................................
Section 14. Change of Condition in Contract............................
Section 15. Federal Law................................................
ARTICLE XV DISABILITY PAY.............................................
Section 1. Short Term Disability Plan.................................
Section 2. Long Term Disability Plan..................................
Section 3. Conditions of Payment......................................
Section 4. Administration of Plans....................................
Section 5. Continuous Service During Approved
Nonoccupational or Occupational Absences...................
ARTICLE XVI INSURANCE..................................................
Section 1. Group Life.................................................
Section 1. Health Benefits Program....................................
Section 3. Dental Plan................................................
Section 4. Special Accident...........................................
Section 5. General....................................................
ARTICLE XVII PENSIONS...................................................
ARTICLE XVIII TERM OF AGREEMENT..........................................
Section 1. Effective Dates............................................
Section 2. Renegotiation Notice.......................................
Section 3. Termination of Contract....................................
ARTICLE XIX APPROVAL...................................................
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AGREEMENT
This Agreement is made and entered into this 3rd day of August, 1997, by and
between Lockheed Xxxxxx Utility Services, Inc., Portsmouth Gaseous Diffusion
Plant, hereinafter referred to as the "Company" and the International Union,
United Plant Guard Workers of America (UPGWA) and its amalgamated Local No. 66,
hereinafter referred to as the "Union."
In the event that any of the provisions of this Agreement are found to be in
conflict with any valid Federal or State law or DOE or NRC order, regulation, or
directive now existing or hereinafter enacted, it is agreed that such law,
order, regulation, or directive shall supersede the conflicting provisions
within in any way affecting the remainder of these provisions.
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ARTICLE I
SCOPE
This Agreement shall constitute the complete agreement between the parties
hereto with reference to wages, hours, working conditions and conditions of
employment. Any additions, waivers, deletions, changes, amendments or
modifications that may be made to this agreement shall be effected through the
collective bargaining process between authorized representatives of the Company
and the Union, subject to ratification by the membership of Local 66. All other
written understandings between the parties not incorporated herein by reference
or otherwise, at the effective date of this Agreement, are hereby terminated.
Any interpretation of this Agreement or of amendments thereto can be a proper
subject for the Grievance Procedure.
Should any part of this Agreement be declared invalid by operation of law or by
a tribunal of competent jurisdiction, the remainder of the Agreement will not be
affected thereby but will remain in full force and effect.
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ARTICLE II
RECOGNITION
Section 1. Establishment and Limitation
The Union having been heretofore certified by the National Labor Relations Board
in Case No. 9-RC-2459, as the collective bargaining representative of such
employees, the Company hereby recognizes the Union as the sole and exclusive
bargaining agent for all hourly rated Security Police Office II Offensive
(SPOII/Offensive), Security Police Officer II Defensive (SPOII/Defensive) and
Security Officer (SO) employed in the Plant Security Department of the Company,
excluding captains, shift commanders, the Plant Protection Force Manager,
salaried employees, office clerical employees, professional employees,
supervisors, and all other persons employed by the Company, with respect to
rates of pay, wages, hours of employment and other conditions of employment.
Section 2. Definition of Employee
The term "employee" as used herein will mean any hourly rated Security Police
Officer II/Offensive (SPOII/Offensive), Security Police Officer II/Defensive
(SPOII/Defensive) and Security Office (SO) represented by the Union as described
in the preceding section.
Section 3. Noninterference
The Company agrees not to interfere with the rights of employees to join or
belong to the Union, and the Union agrees not to intimidate or to coerce
employees to join the Union. The Company further agrees not to discriminate
against any employee on account of Union membership or Union activity, and the
Union agrees neither to solicit for membership or to collect Union funds on
Company time, nor to engage in other Union activity unless specifically provided
for in this Agreement.
Section 4. Union Responsibilities
The Union recognizes that it is the responsibility of Security Police
II/Offensive (SPOII/Offensive), Security Police II/Defensive (SPOII/Defensive)
and Security Officer (SO) to familiarize themselves with the rules established
by the Company, and to faithfully report all violations thereof. The Union
agrees that the Security Police II/Offensive (SPOII/Offensive), Security Police
Office II Defensive (SPOII/Defensive)
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and Security Officer (SO) shall discharge the duties assigned to them
impartially and without regard to any union or nonunion affiliation of any
persons employed by the Company and that failure to do so constitutes sufficient
cause for disciplinary action up to and including discharge.
Section 5. Contract Distribution
As a means of informing all employees as to their rights, privileges, and
obligations under this Agreement, the Company agrees to furnish a copy of this
Agreement to each employee within sixty days after final approval of the
printer's draft.
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ARTICLE III
MANAGEMENT CLAUSE
The management of the business and the authority to execute all of the various
functions and responsibilities incident thereto are vested in the Company. The
direction of the work force, the establishment of plant policies, the
determination of the processes and means of manufacture, the units of personnel
required to perform such processes, and other responsibilities incidental to the
operation of the plant are vested in the Company. Such duties, functions and
responsibilities shall also include hiring, retirement, disciplining, evaluating
the qualifications of employees, and promotions.
The exercise of such authority shall not conflict with the rights of the Union
under the terms of this Agreement.
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ARTICLE IV
CONTINUITY OF OPERATIONS
There will be no strikes, lockouts, work stoppages, picket lines, slowdowns,
secondary boycotts, or disturbances. The Union agrees to support the Company
fully in maintaining operations in every way. Participation by any employee or
employees in an act violating this provision in any way will be cause for
discharge by the Company.
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ARTICLE V
PROTECTIVE SECURITY
It is recognized that all members of the Union and the Company are required to
comply with all protective security measures now in effect. If the Company is
notified by the DOE and/or NRC that this Agreement in any way violates security
measures which are now in effect, or which may be put into effect later, the
Company shall in turn immediately notify the Union in writing of the need to
renegotiate the section or sections of the Agreement in question for the purpose
of making the required changes.
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ARTICLE VI
UNION SECURITY AND DEDUCTION OF DUES
Section 1. Dues Requirements
All employees within the bargaining unit who are members of the Union upon the
execution of this Agreement shall, as a condition of employment, maintain their
membership to the extent of tendering the periodic dues uniformly required as a
condition of retaining membership. All employees in the bargaining unit who are
not members of the Union upon the execution of this Agreement, but who later
elect to join the Union, shall at all times thereafter maintain their membership
in the Union as a condition of employment, as set forth above. All employees
hired after the execution of this Agreement shall, as a condition of employment,
become members of the Union not later than thirty-one (31) days after the date
upon which they were hired, and shall thereafter maintain their membership in
the Union as a condition of employment, as forth above.
Section 2. Delinquency of Dues
Before any termination of employment pursuant to this Article becomes effective,
the employee involved shall first be given notice in writing by the Union to pay
delinquent dues. If the employee fails to pay the delinquent dues, the Union
shall notify the Company of the delinquency. Upon receipt of such notice in
writing, the Company shall then notify the employee to pay the delinquent dues
and if such dues are tendered within one (1) calendar week after receipt of this
notification from the Company the employee's dismissal under this Article shall
not be required.
Section 3. Deduction of Dues
For the convenience of the Union and its members, the Company, during the life
of this Agreement, will deduct an initiation fee and regular monthly dues in
four (4) equal weekly payments each month for each employee who individually and
voluntarily executes and delivers to the Company an Assignment and Authorization
in the form set forth in Section 7 of this Article. Such deductions shall be
forwarded to the Treasurer of the Local Union with a listing showing the names
of those employees, if any, whose paychecks were insufficient to cover the
deductions. An Authorization must be
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delivered to the Company at least seven (7) days before the second payday of the
month in which the first deduction is to be made.
Section 4. Authorization of Deduction
An Authorization and Assignment shall be irrevocable for a period of one year
from the date thereof or until termination of this Agreement, whichever occurs
sooner, and shall automatically renew itself for successive irrevocable annual
periods unless the employee who signed it gives notice to the contrary in
writing by registered mail to both the Company and the Union no less than two
(2) days nor more than seventeen (17) days before the expiration of any annual
renewal period as the case may be.
Section 5. Make-Up Dues
Upon receipt, from the Treasurer of the Local Union, of Union members' names and
amounts of dues that have been missed through payroll deductions, the Company
shall deduct the make-up dues in the following month and forward to the
Treasurer of the Local Union, in accordance with Section 3.
Section 6. Termination of Deduction
No deduction under this Article shall be made from paychecks from any Union
member who has terminated employment or transferred out of the bargaining unit
prior to the second payday of the month, unless the employee has worked or
received paychecks equivalent to five (5) workdays or more in that month.
Section 7. Voluntary Checkoff
The Union agrees that it will indemnify the Company and save it harmless from
any and all claims which may be made against it on account of amounts deducted
from wages as provided in this Article.
VOLUNTARY CHECK-OFF AUTHORIZATION
Name: Badge No.:
Department: Date:
I hereby assign to the United Plant Guard Workers of America (UPGWA),
Amalgamated Local No. 66 and authorize Lockheed Xxxxxx Utility Services, Inc.,
to deduct from
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the wages due me while in the employ of the Company, dues in the amount of
$_______ in four equal weekly installments each calendar month, or such dues as
the Union's Constitution and By-Laws may be amended to provide. I further
authorize the Company to deduct from my wages an initiation fee in the amount of
$_______.
This authorization shall be irrevocable for the period of one (1) year from the
date hereof, or until the termination of the Agreement between the Company and
the Union, whichever occurs sooner. Furthermore, this authorization shall
automatically renew itself for successive irrevocable annual periods, unless I
gave notice to the contrary in writing by registered mail to both the Company
and the Union no less than two (2) days and no more than seventeen (17) days
before expiration hereof or before expiration of any annual renewal period, as
the case may be.
(Signature) _______________________
(Address) _______________________
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ARTICLE VII
GRIEVANCE PROCEDURE
Section 1. Intent and Distribution of Answers
The parties to this Agreement recognize that grievances should be settled
promptly and as close to their source as possible. Further, both parties will
endeavor to present all of the facts relating to the grievance at the first step
of the Grievance Procedure in order than an equitable solution may be achieved.
The Company, in the Second, Third, and Fourth Steps of the Grievance Procedure,
shall give written answers to the grievance within the specified time limits,
unless extended by mutual consent. Copies of written answers to grievances shall
be distributed to the Local Union President, Grievance Committeeperson, the
Xxxxxxx of the aggrieved employee, and the aggrieved employee.
Section 2. Union Representatives
(a) The Company will recognize the following number of properly
certified Union Representatives in the plant for the purpose of
Representatives representing employees in the manner specified in
the Grievance Procedure:
(1) The President of the Local Union or a designated
representative
(2) One Grievance Committeeperson
(3) Five Stewards or Alternate Stewards
(4) The President of the Local Union or a designated
representative, and the Grievance Committeeperson shall
constitute the General Grievance Committee. It is
understood that until January 1, 1999, the duly elected
President of Local No. 66, United Plant Guard Workers of
America, will be granted a total amount of time, not to
exceed forty-two and one-half (42 1/2) hours per week, to
handle Company-Union business related to the Contract. If,
on or before January 1, 1999, the total number of active
employees in the bargaining unit equals or is less than
75, the duly elected President of Local No. 66, United
Plant Guard Workers
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of America, will be granted a total of 16 hours per week,
to be divided into two eight-hour segments to handle
Company-Union business related to the Contract. This
company paid union time will include all hours used by the
President handling grievances. When a properly certified
Union Representative is absent from the plant for any
reason, the Company will recognize an alternate,
certified by the Union.
(b) Employees thus duly certified and recognized as Union Representatives
shall report to and obtain permission from their immediate supervision
whenever it becomes necessary to leave their work for the purpose of
handling grievances, shall inform their supervision of their intended
destinations and itinerary, and shall report back to their immediate
supervision at the time they return to work. Certified Union
Representatives may be excused from work for reasonable periods during
their regularly scheduled working hours without loss of pay when
handling grievances in the appropriate steps in the Grievance Procedure,
excluding arbitration. Permission to leave work as referred to above
will be granted, provided such absences do not conflict with efficient
operation of the Company's business.
Section 3. Grievance Procedure
(a) When an employee is to be reprimanded, suspended, or discharged for any
reason, the employee shall be fully informed of his/her right to bring a
Union Representative into the discussion at the time of such reprimand,
suspension, or discharge. The Union shall be informed in writing of the
action taken. A reprimand can be a proper subject for the Grievance
Procedure.
(b) If the employee or the Union files a written grievance protesting a
suspension or discharge, within ten (10) days, such grievance shall be
initiated at Step 4 of the Grievance Procedure. If such discharge or
suspension is found to have been unjustified the employee shall be
reinstated to his/her former job and shall be compensated for all
earnings lost, less pay for any penalty time decided upon, if any.
(c) Controversies may arise of a nature so general as directly to affect the
majority of employees in a classification, or the majority of all
employ-
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ees. It is agreed that issues of this nature need not be subjected to
the entire grievance procedure but may be initiated at Step 3 or Step 4.
(d) Any grievance not taken up with an employee's immediate supervision
within fifteen (15) days after the employee, or a certified Union
Representative has knowledge of the occurrence of the incident from
which the grievance arose, cannot be processed through the grievance
procedure.
(e) A grievance will be considered settled or withdrawn if the decision of
the Company is not appealed to the next higher step in the Grievance
Procedure within ten (10) days after the decision has been rendered by
the Company, unless this period is extended by mutual agreement between
the parties.
(f) In the calculation of time limits under the grievance provisions,
including arbitration, "days" shall mean calendar days excluding
Saturdays, Sundays, holidays, vacations, and the scheduled days off of
the aggrieved employee or the Company representative, whichever results
in the longer period.
(g) A hearing at Step 2 may be postponed by mutual agreement of the
Grievance Committeeperson and the Protective Force Section Manager. A
hearing at Step 4 may be postponed by mutual agreement between the Local
Union President and the Human Resources Manager or his/her designated
representative.
(h) Written records of past reprimands and/or suspensions, exclusive of
actions resulting from violation of Article IV, shall be reviewed by the
end of one year by the employee's supervision to determine whether they
should be removed from the employee's personnel file and destroyed as a
result of satisfactory performance.
Section 4. Grievance Steps
Any employee with a complaint may discuss the matter with his/her immediate
supervision. If the complaint is not settled satisfactorily, the employee may
process a grievance through the steps shown below:
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Step 1. A discussion will be held between the aggrieved employee, his/her
Xxxxxxx, and his/her immediate supervision. The Company will answer the
grievance within two (2) days after the discussion.
Step 2. If the grievance has not been disposed of a Step 1, it shall be
reduced to writing on an appropriate form and presented to the
Protective Force Section Manager. Such written grievance shall be signed
by the aggrieved employee and the Grievance Committeeperson and shall be
identified by number. The Union shall, to the best of its ability, state
in the written grievance all of the facts justifying the grievance and
the provisions of the Agreement involved. A hearing shall be held within
five (5) days at a time mutually agreed to by the Grievance
Committeeperson and the Protective Force Section Manager. The hearing
may be attended by the aggrieved employee, his/her Xxxxxxx, and his/her
Grievance Committeeperson, at the option of the Union; and the immediate
supervision of the aggrieved employee, the Protective Force Section
Manager and the Superintendent of Security, at the option of the
Company. The Company shall answer the grievance within five (5) days
after the hearing.
Step 3. If the grievance is not settled satisfactorily at Step 2, it may be
appealed at the option of the Union to either Step 3 or Step 4. If
appealed to Step 3, the Security Group Manager will review the facts
with the Grievance Committeeperson and will determine if a full hearing
at Step 3 will be held, if the grievance will be returned to Step 2 for
a rehearing (by mutual agreement with the Grievance Committeeperson), or
if the appeal will be denied and passed on to Step 4. Replies to the
appeal will be made within two (2) days. Hearings at Step 3 will be held
within five (5) days after received by the Security Group Manager on a
date mutually agreed to by the Grievance Committeeperson and the
Security Group Manager or his/her designated representative. Hearings
may be attended by the aggrieved employee, the Xxxxxxx, the Grievance
Committeeperson and the President at the option of the Union, and by the
Security Group Manager or designated representative, and other
representatives of the Company, and may include other affected parties
mutually agreed upon in advance between the Grievance Committeeperson
and the Security Group Manager, involved. The Company will answer the
grievance in writing within ten (10) days if a hearing is held.
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Step 4. If the grievance is not settled satisfactorily at Step 2 or Step 3, it
may be appealed in writing to the Human Resources Manager or his/her
designated representative. Such written appeal shall state the reasons
why the decision in the Second or Third Step is not acceptable, shall be
signed by the President of the Local Union or his/her designated
representative, and shall be presented to the Human Resources Manager or
his/her designated representative together with a copy of the grievance.
A hearing shall be arranged within five (5) days thereafter at a time
mutually agreed upon by the President of the Local Union or his/her
designated representative and the Director of Human Resources or his/her
designated representative. The hearing may be attended by the Local
Union President or his/her designated representative, the Grievance
Committeeperson or his/her designated representative, one aggrieved
employee, and representatives of the International, at the option of the
Union, the Director of Human Resources or his/her designated
representative, and other representatives of the Company.
The Company will answer the grievance in writing within ten (10) days
after the hearing.
In the event the Company fails to reply to a grievance within the applicable
time limits set forth above and fails to request an extension of such time
limits, the Union may present the grievance at the next higher step.
Section 5. Monetary Settlements
Any money due an employee in the amount of $500.00 or more as a result of the
settlement of a grievance shall be paid by separate check not later than two pay
periods following the written grievance settlement answer to this effect.
Section 6. Arbitration
(a) Controversies which may arise concerning discharge or suspension of
employees, or controversies concerning the application, interpretation,
or alleged violation of this Agreement, which cannot be amicably settled
in previous steps in the grievance procedure, may be submitted for
settlement to an Impartial Arbitrator. At the option of the Union, the
Union President and the Grievance Committeeperson, and if it so wishes,
an International Representative may meet with the Human Resources
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Manager or his/her designated representative, and the
Organization Manager(s) or his/her representative to discuss the
grievance prior to submission to arbitration. This step shall be
known as the 4 1/2 step of the grievance procedure. Within ten
(10) days thereafter, the Local Union President, the Grievance
Committeeperson, and/or the International Union Representative
shall meet with the representatives of the Company and attempt to
agree on an Impartial Arbitrator. Should the parties be unable to
agree upon an arbitrator within five (5) days, the parties shall
request the Federal Mediation Service to submit a list of seven
(7) names of suggested arbitrators who will be available. When
the list of seven arbitrators has been received, the Company and
the Union shall alternately strike one name from the list until
only one name remains, and the remaining arbitrator shall be the
arbitrator to hear and decide the controversy.
In the event the grievance is not settled at 4 1/2 step, the
Company and the Union may mutually agree to submit the matter to
the Federal Mediation and Conciliation Service (FMCS). If the
parties agree to submit the matter to the FMCS, the request to
the FMCS must be made within ten (10) days of the 4 1/2 step
answer. Both the Union and the Company agree that each party will
be limited to three (3) representatives during the meeting with
FMCS unless both mutually agree otherwise. FMCS mediation rules
will apply.
(b) In the event that classified information is to be disclosed in
the hearing, the Federal Mediation and Conciliation Service shall
be so informed and only the names of cleared arbitrators shall be
considered.
(c) The Company and the Union may stipulate the nature of the dispute
and the issues involved jointly in one stipulation or singly in
separate stipulations. In the event that the parties stipulate
the nature and issues of the dispute singly, a copy of such
stipulation shall be furnished the other party at the same time
the stipulation is submitted to the Arbitrator.
(d) It is agreed by the parties to this Agreement that arbitration
cases shall be heard as soon as possible. On a date agreeable to
both parties, the date to be set in conformity therewith by the
arbitrator, the parties shall at the time and place appointed by
the Impartial Arbitrator, appear and present either a written or
oral statement of the issues involved for
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consideration by the Impartial Arbitrator. In his/her designation
of the place, the Impartial Arbitrator shall be restricted to the
area in which the plant is situated unless otherwise agreed upon.
The Impartial Arbitrator shall schedule hearings of grievances in
the order in which such grievances are submitted, unless the
Company and the Union agree upon a different order for hearing.
(e) The Impartial Arbitrator shall render a decision on every
grievance which has been submitted within thirty (30) calendar
days from the date of hearing, unless additional time is
requested by the arbitrator and is mutually agreed upon between
the Company and the Union.
(f) The decision of the Impartial Arbitrator shall be final and
binding upon both parties and shall invoke immediate compliance
by the parties. If such decision directs a retroactive wage
payment the Company shall notify the Union immediately of the
date on which payment, shall be made to the employees entitled to
such payment.
(g) Should the Impartial Arbitrator, chosen in accordance with the
terms of this Agreement, die, become incapacitated or refuse to
act, the parties hereto shall mutually agree upon a successor.
(h) A complete transcript of all argument and testimony presented at
the hearing may be made and supplied by either party to the
Impartial Arbitrator for information and guidance.
(i) The expense and compensation of the Impartial Arbitrator shall be
borne by and divided equally between the Union and the Company.
(j) In all proceedings under this section, the Company shall release
from work the following employees when deemed necessary by the
Union for a fair and reasonable presentation of its case before
the Impartial Arbitrator without loss of earnings:
(1) President
(2) General Grievance Committee
(3) A Xxxxxxx
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(4) Two (2) aggrieved employees.
Additional employees will be released upon request without pay
provided that supervision can make arrangements to efficiently
continue the work.
(k) The Impartial Arbitrator shall not have the power to make any
award changing, amending, or adding to the provisions of this
Agreement.
(l) Any grievance which has not been assigned to the agreed-upon
Impartial Arbitrator within two (2) years after the date of
appeal to arbitration shall be considered withdrawn by mutual
consent on a non-precedent basis.
Section 7. Union Representation
It is understood that the duly elected Grievance Committeeperson will be granted
a total amount of time, not to exceed eight and one-half (8-1/2) hours per week,
for the purpose of legitimate administrative functions in conjunction with
adjusting grievances and legitimate complaints. In addition the duly selected
Safety Representative will be granted a total amount of time not to exceed
seventeen (17) hours per week for the purpose of adjusting safety and health
concerns; and the Union Vice-President will be granted a total amount of time
not to exceed seventeen (17) hours per month for the purpose of carrying out the
function of that office. However, when warranted by special circumstances,
arrangements may be made with the approval of the Protective Force Section
Manager for these three Union Officials to be allowed additional time in that
week. After January 1, 1999, this Section 7 will have force and effect only when
the total number of active employees in the bargaining unit equals or exceeds
85.
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ARTICLE VIII
SENIORITY
Section 1. Continuous Service
Except as provided in Section 5 and 6 below, the seniority of an employee shall
be equal to the employee's continuous service with the Company, consisting of
time actually spent on the payroll in the bargaining unit plus properly approved
absences from work, excluding Educational Exit, to be determined under the
following rules:
(a) When an employee is on a leave of absence granted by the Company,
his/her service will be considered as continuous without any
deductions if the absence does not exceed one year.
However, service shall be considered as continuous without any
deductions for employees on leave of absence for:
(1) Public office under Article IX, Section 2(c) for the
duration of a single term of office only;
(2) Union officials on a full-time International status under
Article IX. Section 2(a), not to exceed four (4) years;
(3) Educational Exit under Article IX, Section 1(c).
(b) An employee who leaves the employment of the Company to enter
Military Service, either by voluntary enlistment or by induction
under the Selective Service System, shall be reinstated under the
provisions of applicable Federal Statutes, upon application
within the designated period of time following honorable or
general discharge, provided the employee qualifies under the
seniority rules and is physically capable of performing the work
required. Upon reinstatement, such employee shall be given credit
for continuous service from the time he/she left the employment
of the Company to enter Military Service to the date of
reinstatement.
(c) An employee who is laid off because of reduction in force and is
recalled within three (3) consecutive years after the date of
layoff, will be
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credited with continuous service accumulated prior to layoff. If
such layoff continues for more than three (3) years, the employee
shall be credited with continuous service accumulated prior to
layoff following three (3) years of continuous service from the
date of recall. Seniority shall be credited.
(d) An employee will lose continuous service when he/she is
discharged, released, resigns, retires, accepts layoff without
recall rights, or when he/she is on the recall listing but not on
the active payroll and declines or fails to report or make
satisfactory arrangements within seven (7) calendar days after
being notified of recall. If such employee is later rehired,
he/she shall be considered a new employee and continuous service
shall date from the date of most recent hire.
An employee shall be considered to be notified of a recall
opportunity when an offer of recall has been sent by registered
mail to the most recent address as recorded in the Employment
Department.
Section 2. Probationary Period
A new employee shall be considered a probationary employee and shall have no
seniority rights for the first ninety (90) days of employment. A probationary
employee shall be subject to layoff, discipline or discharge at the sole
discretion of the Company.
Section 3. Security Clearance Requirement
Should the security clearance granted to any employee be suspended by the
Department of Energy, such employee may be discharged immediately and such
discharge shall not be subject to the Grievance Procedure. However, if such
action by the Department of Energy is later reversed, the employee shall be
reinstated without loss of seniority, compensated for all earnings lost, and
credited with such time as continuous service.
Section 4. Reduction in Force
(a) When a reduction in force is to be made, probationary employees
shall be the first laid off. Should further reduction in force be
necessary, the following procedure will apply:
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(1) Voluntary Layoff with Recall Rights
When a reduction in force results in a layoff, any
employee having more bargaining unit seniority than the
employees who are scheduled to be laid off may accept
voluntary layoff as provided in paragraph three (3) below.
The employee will be placed on the recall list from which
he/she is laid off.
employees electing to take voluntary layoff with recall
rights will be paid a layoff allowance on a weekly basis
up to the eligibility shown in Article XII, Section 1.
(2) Voluntary Layoff Without Recall Rights
When a reduction in force will result in a layoff, any
employee therein having more bargaining unit seniority
than the employees who are to be laid off may accept a
voluntary layoff without recall rights to thereby reduce
the personnel units otherwise scheduled to be laid off,
provided procedure in paragraph three (3) below is
followed. Employees accepting a voluntary layoff without
recall rights will be paid a lump sum layoff allowance
consistent with Article XII, Section 1.
(3) Voluntary Layoff Application Procedure
a. Written application must be made to the Employment
Department requesting a voluntary layoff.
This application must be presented during the first half
of the period between the date of announcement of
reduction in force and the effective date of layoff.
b. Form A-1500, "Acknowledgment of the Conditions of
layoff", will be signed by employees electing to take
voluntary layoff.
(4) The senior employee permitted to accept a voluntary layoff
shall not exceed the number scheduled to be surplused.
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(5) Should further reduction in force be necessary, employees
will be laid off in reverse order of bargaining unit
seniority.
(A) employees laid off with recall rights shall be paid a
weekly allowance per Article XII, Section 1(a).
(B) Employees scheduled to be laid off under this
provision may elect to be laid off without recall rights
and will be paid a lump sum termination payment under
Article XII, Section 1(b).
(b) When the Police Department is to be increased, laid off employees
with bargaining unit seniority will be recalled in order of
bargaining unit seniority.
(c) The Company will give employees at least thirty (30) calendar
days advance notice of layoff.
Section 5. Returning to the Bargaining Unit
(a) If an employee is a salaried position in the Protect Force
Section (Plant Protection Department) returns to the bargaining
unit within thirty (30) calendar days, he/shall be credited with
total seniority accumulated before leaving the bargaining unit.
(b) If an employee is medically disqualified from the Protective
Force Section (Plant Protection Department) due to DOE
requirements, then accepts a salary position in another LMUS
Department, and later returns to the bargaining unit, he/she
shall be credited with bargaining unit seniority accumulated
before leaving the bargaining unit.
Section 6. Transfer to Unit
When a vacancy is not filled under Section 4(b) above, personnel not in the
bargaining unit may transfer into the bargaining unit, but may not displace a
bargaining unit employee. Such employees may be credited with their total
seniority up to, but not to exceed, that of the least senior employee in the
unit.
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Section 7. Seniority List
A seniority list shall be posted in the Squad Room at all times.
Section 8. Realignment
(a) A department realignment shall be conducted once each year to
provide an opportunity for employees to select job classification
and shift for the year. Bargaining unit seniority and
qualifications at the time of the realignment shall be the
determining factors as to each employee's preference
(classification and/or shift). After an employee has indicated a
preference during the canvass, he/she shall be required to accept
the position if he/she has the most bargaining unit seniority and
is qualified. Each October 15th, for the duration of this
Agreement, supervision shall initiate a canvass of all employees
in the bargaining unit in order of bargaining unit seniority to
record their classification and shift preference. Employees must
have the bargaining unit seniority and qualifications at the
time of the canvass to be eligible for the position. Supervision
shall accomplish the resulting permanent movement by the first
Monday in January or as soon thereafter as possible.
In an effort to expedite the realignment and assure that each
officer is prepared to make a selection at the start of
realignment, the Company will provide the Union negotiating
committee and the Union membership with a copy of the
realignment at least ten (10) calendar days prior to the start of
the realignment.
An employee is obligated, upon having been contacted via
telephone by a member of supervision, to indicate at the time of
the contact his/her annual realignment preference(s), to include
job classification, shift and vacation(s). Should the employee
fail to fulfil this obligation during the telephone contact, the
canvassing supervisor will assign the employee to an available
job classification and shift vacancy. The employee shall have the
opportunity, upon his/her return to work, to select from the
vacant shift assignments and the remaining vacation periods.
(b) A realignment within a classification shall be conducted when
there is a change in working schedule. When it is determined that
there will be
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a change in working schedule(s), supervision will initiate a
canvass of all employees in the classification in order of
seniority to record their shift preference. The canvass must be
completed before the working schedule becomes effective. After an
employee has indicated a preference during the canvass, he/shall
be required to accept the position if he/she is the most senior.
If the Company changes an employee's work schedule so that a
change of roll out day(s) results, the Company will adjust red
line vacation to correspond to the employee's originally
requested vacation period. This does not apply to changes in the
work schedule that result from the absence of employees. However,
for vacation year 1998 and 1999, the Company may reschedule by
re-bidding in seniority order any scheduled, but unused,
red-line vacation in any calendar year as of the date a
reduction-force occurs of more than ten percent (10%) of the
workforce.
(c) If during the canvass for realignment an employee cannot be
contacted, he/she shall be placed according to his/her bargaining
unit seniority and upon his/her return shall be permitted a bump.
Section 9. Shift Preference
Changes in the number of shift personnel during the period between annual
realignment will be accomplished in accordance with (a), (b), (c), (d), (e),
(f), (g) and (h) below:
(a) When it is determined that a short term medical disability will
prevent an employee from working his/her regular job assignment,
the Company will not fill the job vacancy for either a maximum of
three (3) months, or until the annual realignment is initiated,
whichever event should occur first. If the vacancy is filled, it
will be awarded to the most senior qualified employee having a
bid card on file requesting the shift on which the vacancy
exists.
After the vacancy is filled, if the employee who was absent on
short term medical disability returns to work, the employee has
the option to (1) exercise his/her seniority to return to the
position, (2) bump the least senior employee on that shift, or
(3) assume an existing vacancy on any shift.
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(b) An employee may file a bid card at any time; however, it will not
be effective for fifteen (15) days except when a new shift is
created. It is the responsibility of the employee to keep bid
cards current. When the Company establishes a need to utilize the
bid card procedure, supervision will fill one job as it occurs
(by seniority). Once the bid card has been utilized, that card
will be voided and the next job will be canvassed. When an
officer elects more than one choice on a bid card preference, the
supervisor will indicate in numerical order in his/her choice.
(c) When the Company establishes a new shift with no additional
employees added to that classification, but it creates a decrease
to another shift within the classification, a canvass in order of
seniority shall be conducted within the classification. Vacancies
created by the canvass shall be filled by the bid card procedure
as set forth in Subparagraph 9(b) above. The least senior
employee(s) on the affected shift(s) may exercise bumping
privileges in order of seniority. If the canvass or bumping
procedure does not fill the new shift or shift vacancies, the
least senior employee(s) within the classification shall be
assigned the vacancy.
(d) When the Company determines a need to add to or decrease from an
existing shift within a classification without a personnel
increase, bid cards will be utilized to fill the designated need.
The least senior employee(s) of each affected shift(s) may
exercise bumping privileges in order of seniority. If the vacancy
has not been filled, the least senior employee(s) within the
classification shall be assigned the vacancy.
(e) When the Company determines a need to add to an existing shift
with a department personnel increase, bid cards will be utilized
to fill the designated need. Before the remaining vacancy is
filled with a qualified new hire or a qualified employee
transferring from another LMUS department, an SPOII/Offensive
member will be considered for the vacancy.
(f) When the Company determines a need to fill a vacancy in the
SPOII/Offensive classification, a canvass in order of seniority
of the SPOII/Offensive Reservist shall be conducted to fill the
vacancy. If the vacancy is not filled by the canvass, the least
senior SPOII/Offensive Reservist shall be assigned to fill the
vacancy. In filling a
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SPOII/Offensive shift vacancy, the senior qualified employee
having a bid card in for the vacancy will be awarded the vacancy,
regardless of SPOII/Offensive active or reserve status.
(g) When the Company determines a reduction in a classification with
an addition to another classification, the least senior qualified
employee of the classification to be reduced will be assigned to
the classification which is to be increased. The bid card, bump
and assign procedure in (c) above will apply to fill the
designated shift need within the classification.
(h) When the Company has determined there is a total reduction in the
department, the following procedure will apply:
1. Voluntary layoff in accordance with Article VIII, Section
4, will be honored for the entire department.
2. It may be necessary to assign the least senior qualified
employee from the classification to be reduced to the
classification where the voluntary layoff occurred.
3. At the conclusion of Step 2, the procedure in (c) above
will apply.
4. When there is a total reduction in the department with the
reduction(s) occurring in the Security Police Officer II
Defensive (SPOII/Defensive) classification, and there is
an employee(s) in the Security Police Officer II Offensive
(SPOII/Offensive) classification with less departmental
seniority than an Security Police Officer II Defensive
(SPOII/Defensive):
A. The least senior employee(s) in the Security Police
Officer II Defensive (SPOII/Defensive)
classification shall be declared excess.
B. If the work force is not reduced to the required
number after the voluntary layoff provision of the
contract (Article VIII, Section 4) has been
complied with and there is still an Security Police
Officer II Offensive
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(SPOII/Offensive) employee(s) with less bargaining
unit seniority than an Security Police Officer II
Defensive (SPOII(s)/Defensive), the Security Police
II Defensive (SPOII(s)/Defensive) shall be
permitted to bump the least senior employee(s) in
the Security Police Officer II Offensive
(SPOII/Offensive) classification.
C. The affected Security Police Office II Offensive
(SPOII/Offensive) employee(s) shall be excessed.
D. A Security Police Officer Defensive
(SPOII/Defensive) exercising this option (bump)
shall have one-hundred twenty (120) days from the
effective date of the bump to qualify as a Security
Police Officer II Offensive (SPOII/Offensive).
E. Should the Security Police Officer II Defensive
(SPOII(s)/Defensive) be unable to qualify as a
Security Police Officer II Offensive
(SPOII/Offensive) within the 120-day period, the
Security Police Officer II Defensive
(SPOII(s)/Defensive) shall be excessed and the most
senior qualified Security Police Officer II
Offensive (SPOII/Offensive) employee(s) shall be
recalled to the Security Police Officer II
Offensive (SPOII/Offensive) classification.
(i) Security Officer (SO) vacancies shall be filled with medically
disqualified employees (Security Police Officer
(SPOII/Defensive) and Security Police Officer II
(SPOII/Offensive) who meet the Security Officer (SO)
qualifications. If no medically disqualified employee is
available, the Security Officer (SO) task may be assigned to a
Security Police Officer II (SPOII/Defensive and/or
SPOII/Offensive). The number of positions shall be determined by
the Company.
Section 10. Disqualification
(a) An employee who is disqualified in his/her current job
classification may bump in other classifications for which he/she
is qualified, provided that
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he/she has enough bargaining unit seniority to displace the least
senior employee.
(b) See Memorandum of Understanding entitled "Failure to Meet DOE
and/or NRC Standards."
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ARTICLE IX
LEAVE OF ABSENCE
Section 1. Qualification and Reinstatement
(a) Except as stated in Section 1(c) of this Article, an employee may
be granted a leave of absence for personal reasons without pay up
to fifteen (15) days upon application to the Company in writing,
provided the employee presents evidence acceptable to the Company
that such leave of absence is for a reasonable purpose and
provided further that such leave of absence shall not
unreasonably interfere with operations. Such leave may be
extended where necessary upon application for extension in
writing and upon presentation of evidence satisfactory to the
Company that such extension is necessary provided such extension
does not unreasonably interfere with operations.
(b) If a dispute arises concerning an employee's physical fitness to
return to work under the Short Term Disability Plan, the
grievance may be initiated at Step 4 of the Grievance Procedure.
(c) Educational Exit
An employee may leave the employ of the Company after the
completion of one year continuous service and upon approval of
the Company in order to attend an accredited college or
university, or a recognized trade or vocational school and shall
be reinstated upon application provided he/she can qualify under
the seniority rules, is physically capable of performing the work
required, is granted a clearance and applies for reemployment
within thirty (30) days After leaving the college, university or
school. Trade or vocational school for purposes of this clause is
one which provides training of a course of study related to jobs
performed for the Company. The employee upon reinstatement shall
be given the service he/she had when he/she left the company,
plus time spent in school, not to exceed four (4) years. The
employee shall notify the employer in writing of the name of the
school, the date of entry, and the expected length of the course
of study. He/she shall confirm the continuation of his/her school
attendance at annual intervals thereafter, subject to quarterly
review. It is understood the employee
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will not be eligible for any Company benefits while on an
educational exit. The employee must return to the active payroll
before becoming eligible for contractual benefits.
Section 2. Union or Government Official
(a) Upon written request to the Company made by the Union a
reasonable period in advance, an employee certified by the Union,
to be a full time Union official shall be granted a leave of
absence without pay to engage in work pertaining to the business
of the Union. The number of employees granted such leaves of
absence may not exceed one (1) at any time.
(b) Each such leave of absence shall be for a period no less than
seven (7) days and no longer than one (1) year, and shall be
granted only at such times as shall not unreasonably interfere
with operations. Leaves of absence shall no be renewable from
year to year except as mutually agreed by the parties.
(c) Upon written request to the Company, an employee shall be granted
a leave of absence to serve full time in an elected or appointed
Federal, State, or Local government position of the duration of a
single term of office only.
(d) An employee granted such leave of absence must return all
security identification issued and shall be issued appropriate
identification.
Section 3. Absence Notification
(a) An employee is responsible for notifying the Company, in advance,
if possible, when unable to report for work as scheduled,
including the reason therefore.
(b) An employee who is absent from work for five (5) consecutive
scheduled workdays without notifying the Company, shall be
considered to have resigned voluntarily unless he/she is
incapacitated beyond his/her control.
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Section 4. Failure to Report on Expiration
An employee who does not return to work by the fourth scheduled workday
following the expiration of a leave of absence or any extension thereof without
notifying the Company shall be considered to have resigned voluntarily.
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ARTICLE X
HOURS OF WORK
Section 1. Definitions
Workday means the 24-hour period beginning at 11:00 p.m.
Workweek means the 7-day period beginning at 11:00 p.m. on Sunday
7th consecutive Day means the 7th consecutive workday in the
workweek, i.e., the 24-hour period beginning at 11:00 p.m. on
Saturday.
Working Schedule means the hours of shifts to be worked by
employees and the day or days on which such shifts are to be
worked.
Section 2. Standard Workday - Workweek
(a) A standard day's work shall consist of eight (8) hours worked
within a workday. A standard week's work shall consist of five
(5) standard days' work within a workweek amounting to a total of
forty (40) hours.
(b) The Company will continue its present practice of paying
employees 30 minutes per day worked for required preliminary and
postliminary activities.
Section 3. Working Schedule
(a) Standard shift hours for employees working shifts shall be as
follows:
Day shift 7:00 a.m. to 3:00 p.m.
Afternoon Shift 3:00 p.m. to 11:00 p.m.
Night Shift 11:00 p.m. to 7:00 a.m.
(b) When the Company determines the need for an extended working
schedule, the standard workday and workweek will be posted prior
to the effective date of the extended schedule. Article X,
Sections 1 (except
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last paragraph), 2(a) and 3(a) will be redefined during extended
working schedules.
Section 4. Irregular Shift
An irregular shift is an established 8-hour shift with starting time different
from the rotating day, afternoon, or night shifts or from the non-rotating
shift. Irregular shifts may be established as required with prior discussion
with the Union Committee.
Section 5. Notification of Change
The Union will be notified of any extended change in the present work schedule;
however, the provisions of this Agreement shall not be considered as a guarantee
by the Company of a minimum number of hours per day or per week or pay in lieu
thereof, nor a limitation on the maximum hours per day or per week which may be
required to meet operating conditions.
Section 6. Military Pay
An employee who has completed his/her probationary period, who is a member of a
reserve component of the Armed Forces, and who is required to enter upon active
annual temporary training duty or temporal special service shall be paid the
difference between the amount of base pay received from the Federal or State
government for such duty and his/her base hourly rate, plus allowance for
preliminary and postliminary activities, the total of both payments not to
exceed a compensation of eight and one-half (8-1/2) hours for any scheduled
workday for the time lost while on such duty up to a maximum period, beginning
with the first regularly scheduled workday missed, of twenty-eight (28) calendar
days per year, (this includes one (1) weekend training period per calendar year
subject to the maximum of twenty-eight (28) calendar days per year) subject to
the following provisions:
(a) An employee must submit to supervision as soon as possible after
receipt, evidence of orders to report for training.
(b) When the employee returns to work he/she must submit to
supervision a statement supporting payment for such duty.
(c) Time off from work paid for under this section shall not be
counted as hours worked in the computation of overtime of premium
pay.
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(d) Such items as subsistence, rental, travel allowance and pay for
nonscheduled workdays shall not be included in determining base
pay received from Federal or State governments.
Bargaining unit personnel who are members of a reserve component of the Armed
Forces and whose roll-out days occur on Monday through Friday may be permitted
to have their roll-out day(s) exchanged for Saturday and/or Sunday (up to eleven
(11) times per calendar year) when required to enter upon active temporary
training duty. This shall not exceed a maximum number of 22 days per employee
per year. The employee will notify supervision at least two (2) weeks in advance
for scheduling purposes.
Section 7. Trades
(a) Employees may not trade shifts or days off except with prior
approval of their respective supervision, and provided further
that no overtime premium is involved.
(b) Employees may trade job assignment within their classification as
long as the trades are made and approved by supervision at least
24 hours prior to the day the trade is to take place. Employees
with medical problems will be able to trade up until 15 minutes
prior to roll call.
Section 8. Overtime Opportunity
(a) Overtime at the rate of one and one-half (1-1/2) times base
hourly rate and at the rate of one and one-half (1-1/2) times any
applicable shift differential will be paid to an employee for all
hours worked in excess of eight (8) hours in any twenty-four (24)
hour period or for all hours worked in excess of forty (40) hours
within the workweek, whichever method of computation provides at
the end of the workweek the greater total pay to the employee.
(b) An employee who is required to work in excess of sixteen (16)
continuous hours, shall be paid at the rate of double the base
hourly rate and at the rate of double any applicable shift
differential for all such continuous hours worked in excess of
sixteen (16).
(c) When an employee is required to work overtime beyond the end of
his/her scheduled shift, he/she shall receive not less than four
(4) hours
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pay at base hourly rate or one and one-half (1-1/2) times base
hourly rate for such work performed, whichever is greater.
(d) It is understood that (c) above does not apply to an employee who
may be required to remain on his/her assignment due to the
absence or tardiness of another employee who is scheduled to
relieve him/her, or to an employee who is held on his/her job up
to the end of his/her scheduled shift.
(e) An employee will not be required to take off a corresponding
amount of time in any subsequent scheduled workdays in the same
workweek to offset any overtime worked.
(f) Except in extreme emergencies, an employee may not be forced over
on their last scheduled day of work preceding vacation taken or
vacation taken in conjunction with days off.
(g) When canvassing for SPOII/Offensive overtime, all SPOII/Offensive
active and reservist employees must be canvassed before an
SPOII/Offensive employee is required to work the overtime
assignment.
(h) An employee required to report to plant site or stay beyond
his/her regularly scheduled shift for training purposes or
physical fitness qualifications shall be entitled to the minimum
guarantee of four (4) hours at base hourly rate or actual hours
worked at one and one-half (1 1/2) times the base hourly rate,
whichever is greater.
(i) An employee directed to report to plantsite on his/her scheduled
day off for medical consultation or testing shall be entitled to
the minimum guarantee of four (4) hours at base hourly rate or
actual hours spent on site, at one and one-half (1 1/2) times the
base hourly rate, whichever is greater.
Section 9. Work Before Shift Start
An employee required to report for work before his/her regularly scheduled
starting time shall receive not less than four (4) hours pay at base hourly rate
or pay at one and one-half (1-1/2) times base hourly rate as overtime pay for
such work performed, whichever
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is greater. Such employee shall not be required to take off a corresponding
amount of time before the end of his/her regular shift.
Section 10. Overtime Lists
It shall be the responsibility of supervision to keep overtime in a group
according to overtime worked. Initial lists will be arranged by seniority, and
overtime opportunities will be offered in turn.
(1) Applicable overtime lists shall be posted in an easily accessible
area and secured under glass and lock.
(2) When determined during a shift that additional employees are
needed on the following shift, it will be offered to those
present on the shift which is working.
(3) When determining during a shift that additional employees are
needed on that shift, it will be offered to those scheduled to be
present on the oncoming shift who can be personally contacted by
phone.
(4) When overtime, which cannot be offered according to Items (2) and
(3) is to be scheduled, it shall be offered by reference to the
establishment master overtime list of the department.
(5) The movement of an employee from one list to another will not
result in any change in the number of opportunities with which
he/she has been charged.
(6) If overtime is not obtained using the above procedure, the
following will apply:
a. If an individual on the oncoming shift reports he will be
absent or tardy, the individual on the tardy officer's job
assignment will be held over.
b. If the officer on the preceding shift is ineligible for
the holdover, the least senior officer shall be forced
over.
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c. If an officer is forced to work beyond the end of his/her
scheduled shift because supervision failed to remove a
red-lined employee from the work schedule, the officer
will be paid an addition 1/2 times the Officer's Base
Hourly Wage Rate.
(7) Only employees who work or personally refuse overtime will be
charged, except those circumstances which are specifically
referred to in Article X, Section 10(9); Article X, Section
10(11); and Article X, Section 10(12). While on short term or
long term disability leave, employees will not accumulate more
than fifteen (15) overtime opportunities.
(8) The Company will furnish the Union with copies of the overtime
canvass lists bearing the date, time and signature of the
supervisor doing the overtime canvassing.
(9) An employee that accepts an overtime opportunity, and then
cancels, will be charged with one refusal for that overtime and
will also be charged with one additional overtime opportunity.
(10) The Company will continue the practice of identifying the
location and type of work to be performed for overtime
opportunity.
(11) If an eligible employee is inadvertently by-passed for an
overtime opportunity in accordance with the above procedure, the
by-passed employee will be given first preference to work one of
the next three overtime opportunities (of the same hours) that
occur for which he/she is eligible. A by-passed employee who
works one of such next three overtime opportunities, will be paid
for that opportunity at the higher of the premium rate applicable
to that opportunity or the premium rate applicable to the
by-passed overtime opportunity.
(12) In the event of a serious personal hardship consistent with FMLA
guidelines and upon written application approved by the
Protective Force Section Manager, an employee's name may be
removed from the overtime list for a defined period of no less
than thirty (30) days. When an employee's name is returned to the
overtime list, the employees will be charged with overtime
opportunities missed while green pinned. An employee whose name
is removed from the overtime list will not be
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forced to work overtime except during extreme emergencies as
determined by the Company.
Section 11. Overtime - 7th Consecutive Day
An employee will be paid at the rate of two (2) times the base hourly rate of
pay and at the rate of two (2) times any applicable shift differential for all
hours worked on the seventh (7th) consecutive day worked in the workweek,
provided he/she has worked or is credited with a minimum of four (4) hours in
each of the preceding six (6) workdays of that workweek. Duplication of premium
hours under Section 14 does not apply.
Section 12. Overtime - 6th Consecutive Day
(a) An employee will be paid at the rate of one and one-half (1-1/2)
times base hourly rate of pay and at the rate of one and one-half
(1-1/2) times any applicable shift differential for all hours
worked on the sixth (6th) consecutive day worked in a workweek,
provided he/she has worked or is credited with a minimum of four
(4) hours in each of the preceding five (5) workdays of that
workweek.
(b) An employee shall be paid at the rate of one and one-half (1-1/2)
times base hourly rate of pay and at the rate of one and one-half
(1-1/2) times any applicable shift differential for all hours
worked on the sixth (6th) day when he/she has worked a holiday or
part of his/her first forty (40) hours worked. Time credited
under Section 13 does apply.
Section 13. Credited Hours
(a) Jury duty time, vacation, holiday worked, funeral absences, and
schedule change, which are compensated for under appropriate
provisions of this Agreement and non-compensable absences for
Code 95, and subpoenas, except when the employee is the plaintiff
or the defendant or in a case involving the Company, shall be
credited as hours worked in computing overtime and in determining
days worked for sixth and seventh consecutive day application,
except that, to avoid duplication, there shall be credited only
eight hours plus allowance for preliminary and postliminary of
any one calendar day. When vacation is taken during an extended
work schedule, all scheduled work hours shall be credited.
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(b) Holiday not worked but paid shall be credited in the same manner
except for those employees who are normally scheduled to work
forty-two and one-half (42-1/2) hours within the workweek
excluding the holiday(s) scheduled off.
(c) Special Consideration - Credited Hours
As an exception to premium payment for hours not worked and for
the express purpose of compensating an employee who works an
overtime opportunity on his scheduled day(s) off and has
pre-scheduled vacation, jury duty or funeral absence on the sixth
(6th) or seventh (7th) workday of the workweek, all hours worked
or credited over forty (40) hours will be paid in accordance with
the sixth (6th) and seventh (7th) workday principle.
Section 14. Duplication of Premium Hours
Premium hours that are paid for as minimum four (4) hour guarantees, and over
eight (8) hours worked in a twenty-four (24) hour period shall not be duplicated
under the terms of this Contract to the extent that hours are compensated for as
overtime or premium under one provision they shall not be counted as hours
worked in determining overtime or premium compensation under the same or any
other provision except as specifically provided in Section 13.
Section 15. Holidays
(a) The following holidays shall be observed: New Years' Day, Good
Friday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Thanksgiving Day, the day after Thanksgiving, Christmas, and a
day related to Christmas. An employee may take either Xxxxxx
Xxxxxx Xxxx, Xx.'s Birthday or a holiday related to Independence
Day designated by the Company as his/her eleventh holiday.
Employees must select the optional holiday when they bid the
annual realignment preceding the calendar year during which
holidays are to be observed. Xxxxxx Xxxxxx Xxxx, Xx.'s Birthday
is observed on the third Monday in January.
(b) Should one of these holidays fall on a Sunday, the following
Monday will be observed as the holiday, and work on such Sunday
shall not be compensated for under the holiday pay rules. Should
one of these
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holidays fall on a Saturday, the preceding Friday will be
observed as the holiday and work on such Saturday shall not be
compensated of under the holiday pay rules.
However, as an exception to the foregoing, if one of these
holidays occur on a Saturday or Sunday that is also an employee's
scheduled day of work, the employee will observe and be paid for
that holiday on the actual day on which the holiday occurs.
(c) An employee who works on a day observed as a holiday will be paid
at the rate of two and one-half (2-1/2) times base hourly rate
and at the rate of two and one-half (2-1/2) times any applicable
shift differential for all such hours worked.
(d) An employee who is not scheduled to work on a day observed as a
holiday will be paid an amount equal to eight (8) times base
hourly rate, plus allowance for preliminary and postliminary
activities provided he/she works a minimum of eight (8) hours in
the week in which the holiday is observed or is absent because of
funeral leave, jury duty, military leave, Code 95 (for
negotiations only), or on an approved vacation for any other
day(s) of such week. However, duplicate payment shall not be made
for holidays except as provided in Article XIII, Section 4. This
provision does not apply to an employee who reports for work
after being hired or recalled in the week of, but subsequent to,
a holiday. An employee who is required to work on a holiday that
was scheduled as his/her day off shall be paid eight (8) hours at
base hourly rate and shall be paid at the rate of two (2) times
base hourly rate for all hours actually worked up to and
including eight (8), and two and one-half (2-1/2) times base
hourly rate for all hours actually worked in excess of eight (8).
Any applicable shift differential will be paid at the rate of two
(2) times all hours actually worked up to and including eight
(8), and at the rate of two and one-half (2-1/2) times for all
hours actually worked in excess of eight (8).
(e) An employee who is scheduled to work on a holiday but who reports
off before the start of his/her shift because of illness will be
paid as provided in (d).
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Section 16. Change in Working Schedule
Unless notified thereof in the preceding workweek, if a change is made in an
employee's working schedule from one shift to another, from one roll-out day to
another, or scheduled vacation, he/she shall be paid for the first eight (8)
hours worked on the new schedule at the rate of one and one-half (1-1/2) times
the employee's base hourly rate of pay and at the rate of one and one-half
(1-1/2) times any applicable shift differential, except when such change is made
at the request of or for the convenience of the employee. If such change results
in more than eight (8) hours worked in a 24-hour period or more than forty (40)
hours worked in a workweek, such payment shall be at double time.
Section 17. Emergency Call-in
An employee who has left the plant and is called in by the Company to perform
work will receive not less than four (4) hours pay at base hourly rate or pay at
one and one-half (1-1/2) times base hourly rate as overtime pay for such work
performed, whichever is greater.
Section 18. Reporting Pay
(a) An employee who reports for work at the start of his/her regular
shift or at a time appointed by the Company without previously
having been notified not to report, will be given at least four
(4) hours work, or if no work is available, four (4) hours pay,
except that if work is unavailable as the result of causes beyond
the control of the Company, it shall not be so obligated.
(b) Failure on the part of an employee to keep the Company informed
of his/her current address and telephone number will relieve the
Company of its responsibility under this Section of the
Agreement.
Section 19. Meal Allowance
(a) An employee who is required to work overtime and who works ten
(10) or more continuous and successive hours will be paid a meal
allowance of four dollars and seventy-five cents ($4.75) which
will be included in the regular paycheck. An additional meal
allowance will be allowed for each four (4) hours of consecutive
work performed thereafter.
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(b) No time will be deducted for lunch periods during such overtime
work, it being understood that they will be made as short as
possible.
(c) The Company will continue its practice of arranging
transportation home for employees who are required to work
overtime without sufficient prior notice thereof.
Section 20. Jury Duty
An employee who is required to serve on a municipal, county, federal jury, or
grand jury, shall be paid the base hourly rate, plus allowance for preliminary
and postliminary activities, [the total of both payments not to exceed a
compensation of eight and one-half (8 1/2) hours for any scheduled workday] for
the time lost from the regularly scheduled work shift by reason of such service
subject to the following provisions:
(a) Employees must notify their supervision within twenty-four (24)
hours after receipt of notice of selection for jury duty.
(b) In order to be eligible for such payments, the employee must
furnish a written statement from the appropriate public official
showing the date and time served and the amount of pay received.
Section 21. Funeral Pay
An employee who is excused from work because of death of a member of his/her
immediate family shall be paid at base hourly rate, plus allowance for
preliminary and postliminary activities, for time missed up to a maximum of
three (3) consecutive scheduled workdays. However, any employee who travels more
than 400 miles each way from Piketon, Ohio to attend a funeral service for a
member of his/her immediate family will be paid for time missed up to a maximum
of four (4) scheduled work days. [Payment not to exceed a total compensation of
eight and one-half (8-1/2) hours for any scheduled workday.] For the purpose of
this section, the term "a member of his/her immediate family" shall be defined
as and be limited to the following: spouse, children, stepchildren, parents,
grandparents, grandparents-in-law, grandchildren, brothers, stepbrothers,
sisters, stepsisters, sons-in-law, daughters-in-law, brothers-in-law, sisters-
in-law, parents-in-law, stepparents of the employee, and, if they reside in the
employee's household, other dependent relatives.
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ARTICLE XI
WAGES
Section l. Base Hourly Rates
The base hourly rates of pay set forth below have been fixed on a permanent
basis and shall remain in effect for the duration of this Agreement.
(a) Effective 8/4/97, Base Hourly Wage Rate (including $1.31 COLA Roll-in).
SO SPOII/Defensive SPOII/
-- --------------- Offensive
Reservist
---------
Starting Rate 15.509 15.642 15.948
After 13 Weeks 15.841 15.973 16.279
After 26 Weeks 16.172 16.305 16.611
After 39 Weeks 16.504 16.636 16.942
After 52 Weeks 18.150 18.283 18.739
(b) Effective 8/2/98, Base Hourly Wage Rate.
SO SPOII/Defensive SPOII/
-- --------------- Offensive
Reservist
---------
Starting Rate 15.509 15.642 15.948
After 13 Weeks 15.841 15.973 16.279
After 26 Weeks 16.172 16.305 16.611
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After 39 Weeks 16.504 16.636 16.942
After 52 Weeks 18.150 18.283 18.889
(c) Effective 8/2/99, Base Hourly Wage Rate.
SO SPOII/Defensive SPOII/
-- --------------- Offensive
Reservist
---------
Starting Rate 15.974 16.111 16.426
After 13 Weeks 16.316 16.452 16.767
After 26 Weeks 16.657 16.794 17.109
After 39 Weeks 16.999 17.135 17.450
After 52 Weeks 18.695 18.831 19.456
(d) Lump sum payments will be made as follows:
For Active Employees on Amount
----------------------- ------
August 4, 1997 $2,000.00
August 3, 1998 $2,000.00*
August 7, 2000 $1,500.00
August 6, 2001 $1,500.00
* Pro-rated for number of months of service between August 1997 and 1998 for any
employee laid off after August 4, 1997 and before August 3, 1998.
Section 2. Rate Changes
An employee will receive automatic rate increases from starting rate to and
including the maximum rate in the amount and at the completion of each period of
service indicated in Section 1 above, except as provided below:
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(a) Period of service shall exclude any absence for which a leave of absence
is granted.
(b) Unsatisfactory work performance may be cause for withholding an
automatic increase. Facts concerning such action will be furnished in
writing to the employee affected. The withholding of an automatic
increase can be a proper subject for the Grievance Procedure.
(c) Supervision may approve increases before the completion of any period of
service or to the next step rate within the rate range indicated in
Section 1 above.
(d) Each increase starts a new period of service for progression to the rate
range, measured from the effective date of such increase.
(e) Automatic rate changes will become effective on Monday of the week in
which the new rate is established.
Section 3. Recall
An employee recalled will assume a rate at the same relative position in the
rate range as he/she had established when placed on the recall list but not to
exceed the maximum of the classification.
Section 4. Exclusion of Premium Pay
Any premium pay referred to in this Agreement is to be excluded from calculation
of pay unless specifically included.
Section 5. Shift Differential
(a) A shift differential of forty cents (40(cent)) per hour shall be paid
for work performed between the hours of 3:00 p.m. and 11:00 p.m. A shift
differential of seventy cents (70(cent)) per hour shall be paid for work
performed between the hours of 11:00 p.m. and 7:00 a.m.
(b) Shift differential will not be paid for hours paid for but not worked.
Section 6. Saturday/Sunday Bonus
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An employee who works Saturday and/or Sunday shall receive an additional forty
cents (40(cent)) per hour for such hours worked on Saturday, and sixty cents
(60(cent)) per hour for such hours worked on Sunday. In no case shall such
payments be applied to hours not worked.
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ARTICLE XIII
LAYOFF ALLOWANCE
Section 1. Eligibility
(a) Employees who are laid off by the Company on account of a
reduction in force shall be paid a weekly layoff allowance in
accordance with the eligibility schedule.
(b) Employees terminated for medical reasons who do not qualify for
benefits (excluding vested pensions) or who are laid off without
recall rights, shall be paid a termination allowance in
accordance with the eligibility schedule.
(c) Layoff Allowance Eligibility Schedule
CONTINUOUS SERVICE ALLOWANCE
------------------ ---------
Less than 3 months No allowance
3 months but less than 1 year 1 week (or 40 hours)
1 year but less than 3 years 1-1/2 weeks (or 60 hours)
3 years but less than 5 years 2-1/4 weeks (or 90 hours)
5 years but less than 7 years 4 weeks (or 160 hours)
7 years but less than 9 years 8 weeks (or 320 hours)
9 years but less than 11 years 9 weeks (or 360 hours)
11 years but less than 13 years 10 weeks (or 400 hours)
13 years but less than 15 years 11 weeks (or 440 hours)
15 years but less than 17 years 12 weeks (or 480 hours)
17 years but less than 18 years 13 weeks (or 520 hours)
18 years but less than 19 years 14 weeks (or 560 hours)
19 years but less than 20 years 15 weeks (or 600 hours)
20 years but less than 21 years 16 weeks (or 640 hours)
21 years but less than 22 years 17 weeks (or 680 hours)
22 years but less than 23 years 18 weeks (or 720 hours)
23 years but less than 24 years 19 weeks (or 760 hours)
24 years but less than 25 years 20 weeks (or 800 hours)
25 years but less than 26 years 21 weeks (or 840 hours)
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26 years but less than27 years 22 weeks (or 880 hours)
27 years and over 23 weeks (or 920 hours)
Section 2. Payments
Calculation of payments under Section 1 above will be based on the employee's
base hourly rate at time of layoff.
Section 3. Recall Eligibility
An employee who is recalled and subsequently laid off from the payroll will
receive layoff allowance based on his/her most recent recall date. An employee
on layoff who is recalled and subsequently laid off will have his/her layoff
allowance eligibility reduced by the number of weeks of payment received prior
to recall.
Section 4. Successor Clause
If, for any reason, Lockheed Xxxxxx Utility Services, Inc., ceases to operate
the Portsmouth Gaseous Diffusion Plant, and another company commences operating
the Plant, the provisions of this Article will not apply to those employees
hired by the new operating company within fifteen (15) calendar days of the date
Lockheed Xxxxxx Utility Services, Inc., ceases to operate the Plant, provided
Lockheed Xxxxxx Utility Services, Inc., will pay such transferred employees the
difference, if any, between the layoff allowance otherwise due under this
Article and layoff allowance for which the new operating company immediately
recognizes them as being eligible in the event of future layoff by that company.
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ARTICLE II
VACATIONS
Section 1. Eligibility
An employee shall be entitled to a vacation with pay in each calendar year
worked, based upon length of continuous service, in accordance with the
following schedule:
(a) One (1) year but less than five (5) years of continuous service -
ten (10) workdays of vacation.
(b) Five (5) years but less than ten (10) years of continuous service
- fifteen (15) workdays of vacation.
(c) Ten (10) years through nineteen (19) years of continuous service
- twenty (20) workdays of vacation.
(d) Twenty (20) years through twenty-nine (29) years of continuous
service twenty-five (25) workdays of vacation.
(e) Thirty (30) years or more of continuous service - thirty (30)
workdays of vacation.
An employee must complete the full minimum continuous service requirements
before becoming eligible to take a vacation or additional vacation.
Section 2. Extended Working Schedule
If the department is on an extended working schedule at the time a vacation is
taken, the vacation pay shall be consistent with the department's extended
working schedule. However, an employee shall not be charged more than five (5)
days vacation for any one workweek. An employee who is on vacation shall receive
the base hourly rate, plus allowance for preliminary and postliminary
activities, at the time vacation was taken for each hour of vacation for which
qualified.
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Section 3. Vacation Period
The vacation period shall be on a calendar year basis from January 1 to December
31 inclusive. All vacations will be taken within the vacation period, except
that an employee may defer vacation until the next vacation period.
Section 4. Holiday During Vacation Period
If a day observed as a holiday occurs during an employee's vacation, such
employee shall receive eight (8) hours pay at base hourly rate, plus allowance
for preliminary and postlimiary activities, in addition to vacation pay, and may
elect to take a day of excused absence without pay, consecutive with vacation,
provided such additional day of absence is scheduled in advance.
Section 5. Scheduling
(a) Vacations are scheduled by the Company to be taken during the
vacation period. Preference within the department as to dates
will be given on the basis of bargaining unit seniority within a
classification by shift provided such preference is indicated at
the time of the Annual Realignment Canvass under Article VIII,
Section 8. Such preference will apply to vacations deferred from
the preceding vacation period.
(b) To accomplish the foregoing vacation preference, supervision will
initiate each October at the time of the Annual Realignment
Canvass under Article VIII, Section 8, a canvass of all employees
in the bargaining unit in order of bargaining unit seniority
within a classification by shift to record their preference for
the next vacation period on the year's vacation calendar. As each
employee is canvassed in turn by supervision, the employee will
immediately indicate his/her preference among the remaining
vacation dates available, or be considered as having waived
seniority preference for the balance of that vacation period.
(c) An employee entitled to ten (10) workdays of vacation may divide
the vacation into two (2) portions, one of which shall be not
less than five (5) consecutive scheduled workdays, and an
employee entitled to more than ten (10) workdays of vacation may
divide the vacation into three (3) portions, one of which shall
not be less than five (5) consecutive scheduled workdays, except
as otherwise authorized by supervision.
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An employee may divide vacation days in excess of five (5) into
half-day portions which are to be divided into two (2) segments,
the first portion to consist of one-half (1/2) the scheduled
workday hours and the second portion to consist of one-half (1/2)
the scheduled workday plus the one-half (1/2) hour allowance for
preliminary and post1iminary activities. These half-day portions
must be taken in the same calendar year eligible and upon
approval of supervision.
(d) For calendar year 1997, red-line vacation shall remain as
currently scheduled, except as provided below. Beginning January
1, 1998, and for the remainder of the term of this contract,
during the period beginning with Memorial Day and ending with
Labor Day, red line vacation will be limited to eleven percent
(11%) of the work force represented by the Union as of the most
recent annual realignment date and during the period beginning
with Labor Day and ending with Memorial Day, red line vacations
will be limited to nine percent (9%) of the work force. In
vacation years 1998 and 1999, only the Company may, however,
reschedule by re-bidding in seniority order any scheduled, but
unused, red line vacation in any calendar year as of the date a
reduction in force occurs of more than ten percent (10%) of the
workforce. In such event, the above percentages will be applied
to the post layoff workforce population to determine the number
of red line vacations allowed for the remainder of the year.
Non red-line vacation preferences may be signed at the time the
employee signs realignment or at any time during the year. The
total red-lined and non red-lined vacation will not exceed the
employee's total vacation eligibility.
(e) Subject to operational necessities and efficiencies, the Company
shall approve the maximum number of employees to be on vacation.
Section 6. Exiting Employees
An employee who is laid off, released, or discharged, or who resigns will be
paid for vacation earned but not taken at the time employment is terminated.
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Section 7. Deceased Employees
In the event an employee who is entitled to a vacation dies before taking that
vacation, the person designated as beneficiary on a form provided by the
Company, shall be entitled to the vacation pay in the manner permitted by law.
Section 8. Deferred Vacation
An employee may defer his/her vacation only until the end of the following
vacation period. Any employee who is unable to take any deferred vacation due to
an occupational or nonoccupational disability, will be paid for any unused
portion.
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ARTICLE XIV
GENERAL PROVISIONS
Section 1. Uniforms and Equipment
The Company will prescribe all articles of uniform and equipment. The Company
will maintain all uniforms (including footwear), will as necessary replace
present uniforms, and will furnish uniforms for new employees. Changes to
seasonal uniforms will be made within the workweek starting nearest to April 1
and October 31. It will be the responsibility of the employee to furnish and
maintain underwear and socks.
Section 2. Bulletin Board
A bulletin board will be provided in the Squad Room which may be used by the
Union for posting notices and announcements of official business. All such
notices shall be submitted to the Company for approval and posting.
Section 3. Work by Non-Bargaining Unit Personnel
Non-bargaining unit personnel shall not do work which will deprive bargaining
unit employees of jobs normally performed by them. This does not prevent such
non-bargaining unit personnel from performing necessary functions such as
instruction, or from performing work in emergencies where a regular employee is
not immediately available.
Section 4. Relief
The Company will continue to grant employees necessary relief.
Section 5. Non-discrimination
No employee shall be discriminated against by reason of race, religion, color,
national origin, sex, age, handicap or veteran status.
Section 6. Payday
Monday is designated as payday. Weekly paychecks or direct deposit advice
statements will be delivered to employees by U.S. Mail.
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An employee who schedules vacation not less than two weeks in advance may be
paid his/her vacation pay on the last scheduled workday prior to the start of
the vacation.
Section 7. Health and Safety
(a) The Company will continue to make provisions for the safety and
health of employees while at work.
(b) Any health or safety problem can be a proper subject for the
Grievance Procedure after it has first been reviewed by the Shift
Superintendent in accordance with the established procedure for
processing such matters and reviewed by the Company-Union Health
and Safety Committee. A Company-Union Health and Safety Committee
shall be established consisting of a representative of the Safety
Department (chairperson), the Union President, the Union Safety
Representative, the Protective Force Section Manager and the
Police Captain, or their alternatives. Meetings will be held
monthly as required. The duties of the Committee shall be to make
recommendations to the Executive Safety Committee for changes or
improvements of Safety. A copy of the minutes of each meeting
will be given to the President, the Grievance Committeeperson,
and each Shift Safety Representative.
(c) Records relating to the radiation exposure of employees
maintained by the Health Physics Group will be made available to
the employee upon written request.
(d) Employees who are scheduled for physical examination in the
Medical Department will be verbally informed of the results of
such an examination by the examining physician. Upon written
request of the employee, the results of such an examination will
be mailed to the employee's personal physician.
(e) In the event there is a disagreement between the Company Medical
Director and the employee's physician regarding the medical
evidence presented at the time of the employee's return from
injury or illness, at time of job transfer, or restriction from
classification, the question shall be submitted to a third
physician selected by the two physicians. The medical opinion of
the third physician after examination of the employee and
consultation of the other two physicians shall decide such
question.
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The expenses of the third physician shall be borne jointly by the
Company and the Union.
Section 8. Prescription Glasses
The Company will furnish prescription and nonprescription safety glasses (tinted
or otherwise) to employees as required by job assignment or a prescription,
approved by an ophthalmologist, showing evidence of eye deficiency or disease.
Section 9. Rotation
The Company will rotate work assignments within each shift twice each weekly
work period, insofar as the efficient operation of the Department will permit.
Section 10. Work Assignments
The Company will continue the general nature of police work assignments. The
Company many provide light duty work for medically restricted employees.
Section 11. Changes in Policies
The Company will give the Union prior written notice, where practicable, of
changes in policies which directly affect employees of the bargaining unit. Upon
request, the Company will negotiate concerning the effects of such changes.
Section 12. Definition - Days
The term "days", as used in this Agreement, shall mean consecutive calendar days
except as otherwise indicated.
Section 13. Educational Assistance
The Company shall provide financial assistance to eligible employees who, while
still employed and outside of their regular working schedule, satisfactorily
complete approved courses in accordance with educational assistance programs as
established by the Company.
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Section 14. Change of Condition in Contract
If any unusual condition or emergency arises that warrants special consideration
in deviating from this Agreement, the parties will meet in an effort to resolve
any differences not covered by the Agreement.
Section 15. Federal Law
The parties will comply with the American with Disabilities Act and the Family
and Medical Leave Act.
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ARTICLE XV
DISABILITY PAY
Section 1. Short Term Disability Plan
An employee disabled and unable to work due to illness, pregnancy, or
occupational or nonoccupational injury, will be paid 100% of his/her basic
straight-time hourly rate in accordance with the terms and conditions of the
Short Term Disability Plan set forth in the "Disability" section of the
"Lockheed Xxxxxx, Your Benefits, Employee Handbook", dated October 1, 1996
(pages 88 through 91, inclusive, of such booklet to be considered a part hereof)
which provides for payment in accordance with the following schedule:
Maximum No. of Months of Continuous
Service Payment Per Absence
------- -------------------
at least 1 mo. but less than 2 mos. one month
at least 2 mos. but less than 3 mos. two months
at least 3 mos. but less than 4 mos. three months
at least 4 mos. but less than 5 mos. four months
at least 5 mos. but less than 6 mos. five months
at least 6 or more months six months
Section 2. Long Term Disability Plan
An employee totally disabled for six months will become eligible to receive
sixty percent 60% of his/her monthly basic straight time rate up to a specified
maximum monthly benefit paid in accordance with the terms and conditions of the
Long Term Disability Plan set forth in the "Disability" section of the "Lockheed
Xxxxxx, Your Benefits, Employee Handbook", dated October 1, 1996, referred to in
Section 1 above and will be paid, if he/she is totally and permanently disabled
as defined in the above-referenced handbook, until he/she reaches age 65. Under
specified circumstances, such benefits will continue beyond age 65. Such
benefits will be reduced by any income benefits, the employee is eligible to
receive from other sources such as Social Security, Workers' Compensation, other
statutory benefits, and other Company benefit plans.
If a dispute arises as a result of an employee's claim that he or she is
totally and permanently disabled as defined in the above-referenced handbook or
that such
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(Article XV - Cont'd)
employee continues to be totally and permanently disabled, the dispute shall be
resolved in the following manner upon the filing with the Company of a written
request for review by such employee not more than 60 days after receipt of
denial:
The employee shall be examined by a physician appointed for the
purpose by the Company and by a physician appointed for the
purpose of the Union. If they disagree concerning whether the
employee is totally and permanently disabled, the question shall
be submitted to a third physician selected by two such
physicians. The medical opinion of the third physician, after
examination by him or her of the employee and the consultation
with the other two physicians, shall be final and binding on the
Company, the Union, and the employee. The fees and expenses of
the third physician shall be shared equally by the Company and
the Union.
In the event a ruling by the insurance company or an employee's
application for LTD benefits is delayed for more than 60 days
through no fault of the employee, the Company will advance to the
employee the monthly payments equal to the employee's monthly LTD
benefit provided the employee agrees to a loan agreement to repay
the advances at the time a ruling on the LTD application is made.
In the event the Company experiences difficulty obtaining payback
of such loans, upon notification to the Union, this loan
arrangement will be discontinued.
Section 3. Conditions of Payment
(a) Payments under the Short Term and Long Term Disability Plan
referred to in Section 1 and 2 of this Article will not be made
for:
(1) Any disability occurring during the first 12 months that
the employee's plan coverage is in effect if caused by any
condition for which he/she received treatment during the
three month period before his/her coverage became
effective, or
(2) Any period of incapacity beyond the first sixteen (16)
consecutive scheduled work hours of absence during which
the employee is not under treatment by a licensed
practicing physician, or
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(Article XV - Cont'd)
(3) Any disability caused directly or indirectly by war
declared or undeclared, or
(4) Any intentionally self-inflicted injury, or
(5) Any disability resulting from commission of a felony, or
(6) Any disability due to willful misconduct, violation of
plant rules, or refusal to use safety appliances.
(b) Payments under these plans will be made only to employees whose
absence is due to nonoccupational or occupational disability and
will not be paid to employees who are absent for other reasons.
(c) Payments will only be made when the Company is provided, if it so
requests, with a doctor's certificate, subject to confirmation by
a doctor selected by the Company, as proof that the employee's
absence was due to legitimate nonoccupational or occupational
illness or injury. Under normal circumstances, a doctor's
certification will not be requested by the Company during the
first sixteen consecutively scheduled work hours of the absence.
However, certification may be requested by the Company for any or
all of the first sixteen hours if the Company has reason to
question the absence.
(d) Payments will only be made when employees properly report their
absence and the cause of their absence to the proper Company
representative in a prompt manner.
(e) Payments are applicable only for the normal workweek and normal
work day. In case working hours of the plant are changed, it is
understood that payment under the above schedule will be changed
in direct proportion to the change in working hours.
(f) It is recognized by the Union that the Company has a continuing
interest in reducing absenteeism, no matter what the cause.
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Section 4. Administration of Plans
(a) Short Term Disability Plan
The administration of the Short Term Disability Plan and the
payment of benefits under this plan shall be handled by the
Company.
(b) Long Term Disability Plan
The administration of the Long Term Disability Plan and the
payment of benefits under this Plan shall be handled directly by
the Insurance Company, it being understood that a claimant whose
benefits claim is denied may contest such denial with the
Insurance Company but that he or she shall have no redress
whatsoever against the Company. It is agreed, however, that in
any case in which an employee claiming benefits under this Plan
and desiring to file such claim with the Insurance Company
becomes engaged in a nonmedical factual dispute with the Company
in connection with such claim (such as a disagreement over his
or her earnings group, eligibility, employment status, amount of
continuous service or other nonmedical factual question) such
employee and the Union may process a grievance in accordance with
the terms of the Contract. It is agreed, however, that any and
all medical questions in dispute shall be determined solely by
the Insurance Company, except as provided under the second
paragraph of Section 2 of this Article. It is understood that the
Company shall retain the right to select and arrange with an
Insurance Company to provide certain benefits available under
these Plans; and to replace the Insurance Company from time to
time as it may deem appropriate.
Section 5. Continuous Service During Approved Nonoccupational or
Occupational Absences
An employee who is disabled and unable to work will receive Continuous Service
for the period of his or her Short Term Disability approved by the Company
and/or the period of his or her Long Term Disability approved by the Insurance
Company.
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ARTICLE XVI
INSURANCE
Section 1. Group Life
(a) The Group Plan will provide the following Basic and Supplemental
Group Life Insurance Benefits.
(1) Basic Group Life Insurance Benefits will:
A. Provide an employee's beneficiary with an
amount equal to at least two years' pay if he/she
should die before age 65 while an active em-
ployee, or
B. Provide an employee with a reduced amount of
life insurance after age 65.
C. Provide an employee with continued
protection until at least his/her 65th
birthday in the event of total disability
while employed.
(2) Supplemental Group Life Insurance Benefits will:
A. Provide an employee's beneficiary with an
amount equal to at least an additional
year's pay in the event of death before age
65 while an active employee.
B. Provide an employee with continued
protection until at least his/her 65th
birthday in the event of total disability
while employed.
(b) Benefits under the Group Life Insurance Plan for eligible
employees who participate in the plan are set forth in the
booklet entitled "Lockheed Xxxxxx, Your Benefits, Employee
Handbook", dated October 1, 1996, "Life and Accident Insurance"
Section on pages 92 through 97,
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(Article XVI - Cont'd)
inclusive, attached hereto and made a part hereof. This
attachment is hereinafter referred to as the "Insurance Booklet".
(c) Participation in the Group Life Insurance Plan shall be on a
voluntary basis.
(d) The costs to employees for Basic Life Insurance and Supplemental
Life Insurance are set forth in the Insurance Booklet, and these
costs shall not be increased during the term of the Agreement.
Each participating active employee shall pay his/her cost of the
Group Life Insurance Plan by payroll deduction pursuant to
his/her written authorization therefore on a form supplied by the
Company. An early retiree who qualifies for and elects the option
to continue the full amount of (a) his/her Basic Life Insurance
or (b) his/her Basic and Supplemental Life Insurance up to age
65, as set forth in the Insurance Booklet, shall make his/her
payments in advance monthly (or quarterly if he/she desires) to
the office or postal address designated by the Company.
Section 2. Health Benefits Program
Effective October 1, 1997, employees may participate in a medical plan providing
benefits as set forth in the "Lockheed Xxxxxx, Your Benefits, Employee Handbook"
dated October 1, 1996 (pages 28 through 63, inclusive) which includes:
(a) a medical plan designed to pay the major share of
covered hospital, surgical and medical expenses,
including prescription drug and vision care
expenses, while attempting to control health care
costs by encouraging the use of cost effective
services.
(b) The Company will arrange with an insurance company
to make available to participating employees in the
bargaining unit certain benefits set forth in the
booklet entitled, "Lockheed Xxxxxx, Your Benefits,
Employee Handbook", dated October 1, 1996.
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(Article XVI - Cont'd)
(c) The Company will arrange with an insurer or
provider of health care benefits to make available
to participating employees in the bargaining unit
the benefit options referred to above.
(d) It is agreed that the gross cost of the Health
Benefits Program shall be shared by the Company and
participating employees. Each employee who enrolls
in the Program shall pay the applicable rate, such
rate, representing 9%* of the total gross cost.
The Company shall pay the remaining 91%* of the
cost.
* Employee contributions for the new medical and dental insurance coverage will
be the following percentages of the total gross premiums:
Coverage Effective 10/1/97 Effective 1/1/99
Medical Insurance 6% 9%
Dental Insurance 0% 12%
It is agreed that the Company may offer an alternative medical plan to
employees. Employees may elect to enroll in the alternative plan rather than
elect coverage as provided above, provided they satisfy the enrollment
eligibility requirements and pay the applicable rate for membership in the
alternative plan. The applicable rate for employees will represent 9%* of the
gross premium of the alternative plan, except that, if the alternative plan
gross premium exceeds the gross premium of the coverage provided above, the
employee will pay the overage. Initial enrollment will be completed within sixty
(60) days after an alternative plan is offered.
Section 3. Dental Plan
Benefits under the Dental Insurance Plan for eligible employees and dependents
who participate in the Dental Plan are set forth in the booklet entitled,
"Lockheed Xxxxxx, Your Benefits, Employee Handbook", dated October 1, 1996,
Dental Expense Assistance Plan, on pages 64 through 71, inclusive. It is agreed
that the gross cost of the said Dental Plan shall be shared by the Company and
participating employees. Effective October 1, 1997, each employee who chooses to
enroll in the Dental Plan shall
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pay the applicable rate, such rate representing 12%* of the total gross cost.
The Company will pay the remaining 88%* of the costs.
Section 4. Special Accident
Benefits under the Special Accident Insurance are available to eligible
employees on an optional contributory basis and are set forth in the booklet
entitled, "Lockheed Xxxxxx, Your Benefits, Employee Handbook", dated October 1,
1996, "Life and Accident Insurance Section", on pages 100 through 105,
inclusive, attached hereto and made a part hereof.
Section 5. General
(a) In the event of the enactment or amendment of any Federal or
State law providing for benefits similar in whole or part, to
those covered by this Agreement, and requiring either (a)
compulsory participation by any employee or the Company; or (b)
compulsory payment of taxes or contributions by any employee or
by the Company; or (c) benefit costs either to any employee or
the Company different from those provided for under this
Agreement, then the parties hereto agree that they will amend
this Agreement so as to provide that the total cost to the
Company for insurance benefits of whatsoever nature for its
employees will not be greater in amount than such costs as
provided by law or by this Agreement, whichever costs are
greater.
(b) The Company shall arrange through an insurance company(s) or
other carrier(s) for coverage providing benefits under the above
Plans.
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ARTICLE XVII
PENSIONS
1. The Pension Plan will provide a pension based upon the largest
amount produced by any of the following formulas:
(a) A Regular Formula providing a monthly benefit of:
1.2% times average straight-time monthly earnings, times
years and completed months of service credit, plus $18.
(b) An Alternate Formula providing a monthly benefit of:
1.5% of average straight-time monthly earnings times years
and completed months of service credit, less 1.5% of
monthly Primary Social Security Benefit, times years and
completed months of service credit, up to 33 1/3 years (up
to a maximum of 50% of primary Social Security Benefit).
(c) A Minimum Formula providing a monthly benefit of:
$5 for each of your first ten years of service credit.
$7 for each of the eleventh through the twentieth years of
service.
$9 for each year in excess of twenty years of service,
plus 10% of average straight-time monthly earnings (If
less than eight years of service, this will be reduced by
1% for each year less than eight.) plus $18.
2. Benefits available under the amended pension plan to eligible
employees who retire on or after January 1, 1989, are set forth
in the printed booklet entitled "Lockheed Xxxxxx, Your Benefits,
Employee Handbook", dated October 1, 1996, "Retirement Program
Section", pages 106 through 121, inclusive, which is attached
hereto and made a part hereof. This booklet hereinafter is
referred to as the "Pension Booklet".
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(Article XVII - Cont'd)
3. It is understood that if any dispute arises from the denial of a
Bargaining Unit employee's claim for benefits under the Pension
Plan, then such dispute may be taken up through the Grievance and
Arbitration Procedure of the principal Collective Bargaining
Contract then in effect between the parties.
4. It is understood that an employee who retires and commences to
receive a Pension Benefit will have no rights to resume active
employment with the Company.
5. The obligation of the Company to maintain the Pension Plan, as
herein provided, is subject to the requirement that approval by
the Internal Revenue Service for the amended Plan is received and
maintained continuously as:
a. Qualifying under Section 401K of the Internal Revenue Code
or any other applicable section of the Federal tax laws
(as such Sections are now in effect or are hereafter
amended or enacted); and
b. Entitling the Company to deduction for payments under the
Plan pursuant to Section 404 of the Internal Revenue Code
or any other applicable section of the Federal tax laws
(as such Sections are now in effect or are hereafter
amended or enacted).
In the event that any revision in the Pension Plan is necessary
to receive and maintain such approval or to meet the requirements
of any other applicable Federal law, the Company and the Union
shall resume negotiations for the purpose of reaching agreement
on such revision, it being understood that such revision shall be
held to a minimum, adhering as closely as possible to the intent
expressed in the Pension Plan and in this Agreement.
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ARTICLE XVIII
TERM OF AGREEMENT
Section 1. Effective Dates
This Agreement shall become effective as of 11:59 PM, Sunday, August 3, 1997. It
shall continue in effect for a term of approximately five (5) years until 11:59
PM, Sunday, August 4, 2002, and shall automatically be renewed thereafter from
year to year unless written notice is given by either party sixty (60) days
prior to the expiration date that it is desired to terminate or amend the
Agreement.
As its sole responsibility with regard to successorship matters, LMUS will
immediately upon learning that its contract for the operation and maintenance of
the enrichment operations is being put out to bid, notify known bidders that
there is a Collective Bargaining Agreement in effect, and provide those bidders
copies of the current bargaining agreement.
Section 2. Renegotiation Notice
Both notice of request for renegotiation and lists of items to be amended will
be sent by registered mail to the following:
1. International Union, United Plant Guard Workers of America
(UPGWA), 00000 Xxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx, 00000.
2. Lockheed Xxxxxx Utility Services, Inc.
Xxx 000, Xxxxxxx, Xxxx, 00000.
Section 3. Termination of Contract
This Agreement will be automatically terminated upon termination or completion
of Contract No. HQ-93-C-0001 entered into between the Company and the United
States of America as represented by the United States Enrichment Corporation and
covering operations at the Portsmouth Area Plant.
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ARTICLE XIX
APPROVAL
This Agreement between the Company and the Union is subject to ratification by
the membership of Local No. 66 and to the approval of the International Union,
United Plant Guard Workers of America, and shall be effective only if so
approved.
IN WITNESS WHEREOF the duly chosen representatives of the parties to this
Agreement have hereunto set their hands this 27th day of October, 1997.
INTERNATIONAL UNION, UNITED LOCKHEED XXXXXX UTILITY
PLANT GUARD WORKERS OF SERVICES, INC. PORTSMOUTH
AMERICA (UPGWA) and its PLANT
AMALGAMATED LOCAL NO. 66
/s/ XXXXX XXXXXXX /s/ XXXX XXXX
------------------------------ -------------------------------------
Xxxxx Xxxxxxx Xxxx Xxxx
/s/ XXX XXXXXXX /s/ XXXXXXX XXXXX
------------------------------ -------------------------------------
Xxx Xxxxxxx Xxxxxxx Xxxxx
/s/ XXX XXXX /s/ XXXX XXXXXXXX
------------------------------ -------------------------------------
Xxx Xxxx Xxxx Xxxxxxxx
/s/ XXX XXXX /s/ XXX XXXX
------------------------------ -------------------------------------
Xxx Xxxx Xxx Xxxx
/s/ XXXX XXXXXXXX /s/ XXXXX XXXXXXXXXX
------------------------------ -------------------------------------
Xxxx Xxxxxxxx Xxxxx XxXxxxxxxx
/s/ XXXXX XXXXXXXX /s/ XXXX XXXXXX
------------------------------ -------------------------------------
Xxxxx Xxxxxxxx Xxxx Xxxxxx
/s/ XXXX XXXXX /s/ XXX XXXXXXXXX
------------------------------ -------------------------------------
Xxxx Xxxxx Xxx Xxxxxxxxx
/s/ XXXXXX XXXXXXX /s/ J. XXXXXX XXXXXXXX
------------------------------ -------------------------------------
Xxxxxx Xxxxxxx J. Xxxxxx Xxxxxxxx
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/s/ XXXX XXXXXX /s/ XXXX XXXXXXXX
------------------------------ -------------------------------------
Xxxx Xxxxxx Xxxx Xxxxxxxx
69
