Exhibit 10.10
PREAMBLE
This Agreement between NORFOLK SHIPBUILDING & DRYDOCK CORPORATION (herein called
the Company) party of the first part, and INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS AND HELPERS, AFL-CIO, AND
ITS LOCAL LODGE 684 (herein together called the Union), party of the second part
is made and entered into and effective on February 9, 2001.
ARTICLE I
UNION RECOGNITION
Section 1. The Company recognizes the Union as the exclusive representative for
the purpose of collective bargaining with respect to rate of pay, wages, hours
of employment, and other conditions of employment for all production and
maintenance employees of the Company at the Berkley yard, including
transportation department employees, storeroom employees, launch captains, fire
watch employees, operators, lead mechanics, trainees and apprentices, but
excluding, office employees, technical employees, draftspersons, planners,
inspectors, material clerks, clerical employees, timekeepers, plant protection
employees, dock masters, assistant dock masters, instructors, Craft Supervisors,
lead persons, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action. The term "Employee" wherever
used in this Agreement means one of the employees in such bargaining unit; and
the term "Employees", means two or more of such employees.
Section 2. The Union will notify the Company, in writing, of the appointment of
the Shop Stewards and Grievance Committee persons. No Employee shall have or
exercise any authority as Shop Xxxxxxx or Grievance Committee person until such
notice of appointment shall have been filed with the Company. The above
procedure shall apply when the Union appoints an interim Xxxxxxx or Committee
person for the regular Xxxxxxx or Committee person's vacation period or other
period of prolonged absence.
Section 3. The Company will be permitted to "Z" out any shop xxxxxxx for up to
one (1) full working day, if all employees in the same department and
classification on the vessel or other project to which the Shop Xxxxxxx is
assigned are also "Z"ed Out. If any employee in the same department and
classification as the Shop Xxxxxxx is reassigned from the vessel or project to
other work, the Shop Xxxxxxx shall also be reassigned rather than being "Z"ed
out. Shop Stewards shall not be required to work offsite for more than three (3)
days, unless the Shop Xxxxxxx'x specific skills are needed. Shop Stewards may
voluntarily accept a "Z" out for any length of time in conformity with this
Article.
Section 4. For the day shift, the number of Shop Stewards shall be recognized
for each of the following as specified: Night shift shall have five (5)
Stewards, however, that no more than two (2) Stewards be selected from any one
shop, as listed:
Group I Six (6) Shop Stewards
Plate Shop
Welding Shop
Blacksmith Shop
Boiler Shop
Sheetmetal Shop
Labor Department
Group II Five (5) Shop Stewards
Inside Machine Shop
Outside Machine Shop
Pipe Shop
Rigger Shop
DMI / NIE
Group III Four (4) Shop Stewards
Facilities
Dock Department
Storeroom / Transportation / Crane
Environmental Department
Group IV Four (4) Shop Stewards
Insulation Shop
Paint Shop
Xxxxxxxxx Shop
Electric Shop
Group V Five (5) Shop Stewards
Night Shift
For down riverwork, the Union shall be permitted to appoint one (1) Xxxxxxx at
NOB and one (1) at Little Creek Amphibious Base. The Company shall not be
limited in any way in work assignment at any location by such appointments by
the Union.
When the regularly established third shift is worked, the Union may appoint one
(1) Shop Xxxxxxx for each group in which work is being performed.
Section 5. If during the term of this extended Agreement any new department or
departments are established by the Company or shops consolidated or eliminated,
the Company and the Union will meet to discuss whether additional or fewer shop
stewards shall be permitted.
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Section 6. Members of the Union's Grievance Committee, which shall be comprised
of four (4) active employees of the Company, will receive a maximum of four (4)
hours pay per month for attendance at the regular monthly Step III Grievance
Meetings.
ARTICLE II
COOPERATION
The Union recognizes the responsibilities imposed upon it as the
exclusive bargaining agent for the Employees and agrees that in order to provide
maximum opportunities for continued employment and good working conditions, it
will cooperate with the Company and support its efforts to assure a full day's
work on the part of its members and it will actively combat absenteeism, leaving
the job before the proper time and any other practice which restricts
production. It further agrees that it will support the Company, in its efforts
to eliminate waste in production, conserve materials and supplies, improve the
quality of workmanship, prevent accidents and strengthen goodwill between the
Company, the Employees, the Customer and the Public to enable the Company to
become competitive and preserve jobs.
ARTICLE III
APPLICATION OF THE AGREEMENT
Section 1. The purpose of this Agreement is to set forth all the terms agreed
upon by the Company and the Union.
Section 2. The Company will not discourage nor discriminate against any
Employee for any reason whatsoever arising out of Union membership or
participation in Union affairs.
Section 3. The Union agrees that neither it nor any of its officers, members,
or representatives will threaten, intimidate or coerce Employees into membership
in the Union or will conduct any internal Union activities on Company time.
Section 4. The Union agrees that the DavisBacon Act and Service Contract Act
will provide a higher hourly rate of pay only for those contracts and will not
alter the rate for nonDavis/Bacon Service Contract Act jobs.
(a) SERVICE CONTRACT ACT of 1965 - The Service Contract Act specifies
certain wage requirements that employers must meet if they provide
services for the federal government under a contract with a federal
agency.
(b) DAVISBACON ACT - The DavisBacon Act requires federal construction
contractors and subcontractors to pay certain prescribed wage rates
to workers on federally funded projects.
Section 5. Any Employee designated by the Union to serve on any joint committee
shall have a minimum of two (2) years of seniority with the Company. Loss of
seniority shall necessitate the Employee's immediate replacement.
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Section 6. The use of the masculine or feminine gender or titles in this
Agreement shall be construed as including both genders and not as sex
limitations.
Section 7. The Company will at the time of hiring provide to each new employee
a copy of the then current Collective Bargaining Agreement and a copy of the
Union's dues checkoff authorization, membership application, safety rules,
environmental handbook, and acknowledgment. The Company shall provide the Union
a copy of all new hires' addresses and telephone numbers. The Company shall also
provide the Union with an accurate roster of employees' names, addresses, and
telephone numbers quarterly.
Section 8. The Local Union President, or his designee, shall be notified in
advance of orientation meetings for new employees covered by this labor
agreement. The Union President, or his designee shall be allowed to attend
orientation meetings on Union time to present information regarding the Union.
The Union President, or his designee shall not present any material or
information of a political or controversial nature, or reflecting adversely in
any way on the Company operations or management. This provision shall be subject
to revocation by the Company in the event the Union violates the intent of this
section.
Section 9. The Company will provide to the Union a list of the hires, recalls,
layoffs and terminations that occurred on a weekly basis.
Section 10. After the effective date of this Agreement, all Bargaining Unit
Employees shall receive a copy of this Agreement, and current safety rules, and
sign an acknowledgement form reflecting their receipt of such documents and
their understanding and agreement that all terms and conditions set forth
therein govern their employment with the Company.
ARTICLE IV
NONDISCRIMINATION/EQUAL EMPLOYMENT
Section 1. The Company and the Union agree that, as required by applicable
laws, they will not discriminate against any employee because of race, color,
sex, religion, national origin, age, disability, veteran status, marital status
or because of membership or non-membership in the labor union or any activity on
behalf of the labor union.
Section 2. The company is an Equal Employment Opportunity Employer and will
develop an Affirmative Action Compliance Program in accordance with Executive
Order 11246. It is the practice of the Company to recruit, hire, train, and
promote in accordance with such affirmative action plan and Executive Order
11246. The Company will not tolerate harassment based upon any protected status,
including sexual harassment by Employees or supervisors against any person at
its place of business and will take appropriate corrective action if such
conduct comes to its attention.
Section 3. This Agreement shall be administered in accordance with the
applicable provisions of Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, the Age Discrimination in Employment Act, and
other state and federal non-discrimination statutes and regulations.
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Section 4. Any and all disputes arising under this Article, as with all other
articles of this contract, shall be subject to the jurisdiction of the Grievance
and Arbitration provisions of this contract. Decisions rendered in arbitration
with respect to such disputes shall be final and binding upon the parties and
the affected employees. Nothing contained in this Article shall preclude any
employee from exercising his/her rights under Federal and State law.
ARTICLE V
HOURS OF WORK
Section 1. For purposes of this Agreement pay week is defined as that period
which begins at 7:15 a.m on Monday and continues until 7:15 a.m. on the
following Monday. The normal workweek will be from Monday until Friday
inclusive. The normal workday consists of eight (8) consecutive hours excluding
time for eating periods.
Section 2. Nothing contained in this Article shall be deemed to be a guarantee
to any Employee of eight (8) hours work in any one day or forty (40) hours work
in any one week.
Section 3. The hours of work for regular shifts shall be as follows, except
that the Company shall be free to adjust this schedule to meet production
requirements in a cost-effective manner. However, in the case of early starts of
shifts between 4 a.m. and 6 a.m., the Company shall give consideration in making
such assignments to possible hardships, such as childcare responsibilities.
(a) When not more than two regular shifts are worked, the shift hours
shall be:
First Shift: 7:15 a.m. to 12:00 noon
12:45 p.m. to 4:00 p.m.
Second Shift: 4:00 p.m. to 8:30 p.m.
9:00 p.m. to 12:30 a.m.
(b) When three regular shifts are worked, the shift hours shall be:
First Shift: 7:15 a.m. to 12:00 noon
12:45 p.m. to 4:00 p.m.
Second Shift: 4:00 p.m. to 8:30 p.m.
9:00 p.m. to 12:30 a.m.
Third Shift: 11:45 p.m. to 7:45 a.m.
Section 4. The Company retains the right to establish and maintain a Flexible
Work Week Schedule where it deems such a schedule to be desirable. A Flexible
Work week Schedule requires employees to work any 5 days during the work Week,
including Saturday and/or Sunday as part of their regular straight time work
week. The Company agrees that such a schedule shall not be used except in the
compressor room. Any other exceptions shall be by mutual agreement with the
Union.
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One example of a Flexible Work Week Schedule:
Team Mon Tues Wed Thur Fri Sat Sun
----------------------------------------------------------------------
1A 6 7
----------------------------------------------------------------------
1B 6 7
----------------------------------------------------------------------
1C 6 7
----------------------------------------------------------------------
1D 6 7
----------------------------------------------------------------------
2E 6 7
----------------------------------------------------------------------
4F 6 7
----------------------------------------------------------------------
6G 6 7
Employees who are to be assigned to the Flexible Work Week will be so notified
no later than the end of their shift on the Thursday preceding the week in which
the Flexible Work Week assignment becomes effective. Employees may agree to
start such shifts without such notice. Employees who have been assigned to the
5/7 Flexible Workweek, which includes weekend assignments within that schedule,
for a period three (3) months shall be rotated off that shift for a minimum of
three (3) months before being reassigned to that schedule.
Section 5. The Company may at its discretion, and to the extent it deems
feasible, establish a workweek schedule in any department or shop consisting of
four (4) consecutive days of ten (10) hours each Monday through Friday, with
Employees so assigned to be paid at (40) straight time hours.
Notwithstanding the provisions of Article VII, or any other provisions of this
Agreement, where such a 4-day workweek schedule is utilized, overtime will be
paid after ten (10) hours in a workday, respectively, and for work performed in
excess of forty (40) hours. Assignments to such schedule will be limited in
duration to the length of the project or vessel for which the schedule is
established.
The Company will make every reasonable effort to assign to those shifts
Employees who desire to work such shifts. In the event of any conflict between
this section and any other Article in this Agreement, this provision shall
control.
Section 6. Employees on 1st shift (45 minutes) and 2nd shift (30 minutes) shall
be provided a lunch period in accordance with Section 3a & 3b without pay. Third
shift shall be provided a 20-minute lunch break without loss of pay. Anyone who
works in excess of 10 hours in a day shall be given an additional 30-minute
lunch break, if desired, after eight (8) hours, with pay at their regular
straight-time rate of pay after the 8th hour. However, Employees must take such
a 30-
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minute break to be paid for the break. Employees who work through such a break
will be paid for such time worked in accordance with the other provisions of
this Agreement. Should such an Employee work through his regularly scheduled
lunch break on the following shift, he/she will be paid for such a break as if
assigned to that shift.
Section 7. Employees assigned to the 4/10 hour shift shall be given an
additional 30-minute lunch break, if desired, after the 8th hour, if they are to
work in excess of ten (10) hours, at their regular straight-time rate of pay.
Employees must take such a 30-minute break to be paid for the break. If
employees on such shifts work past the regularly scheduled lunch break on the
following shift, he/she will also be permitted to observe such breaks, and will
be paid for such break as if assigned to such following shift. Employees
assigned to a 12-hour shift beginning at 4 a.m. shall be provided the 30-minute
paid break from 6:45 a.m. to 7:15 a.m., in addition to the unpaid break at 12:00
noon.
Section 8. Employees shall be at their reporting-in station fully prepared to
begin work at no later than the starting time of their assigned shift. Reporting
in station may be designated by the company.
(a) When the whistle signaling the start of the shift sounds, all
Employees shall be at their designated reporting site on the shop
floor ready to begin work. Any Employee not at the designated
reporting site ready to begin work when the shift starts shall not be
paid until the Employee is at the designated reporting site ready to
begin work. In addition, the Employee shall be considered tardy for
work and will be subject to discipline pursuant to the Company's
tardiness policy.
(b) Employees shall remain at their work site performing their
assigned work function until the whistle sounds signaling personal
clean-up prior to lunch. This whistle shall sound five (5) minutes
prior to lunch. Any Employee who violates this requirement shall be
subject to disciplinary action.
(c) Employees shall be required, when the whistle sounds signaling
the end of lunch break, to proceed directly to their work site. This
means when the lunch period has ended, Employees should have already
stored, cleaned up, or otherwise disposed of their lunch material.
Employees who fail to go directly to their work site, or fail to
report to their work site in a reasonable amount of time shall be
docked accordingly. In addition, these Employees shall be considered
tardy for work and will be subject to discipline pursuant to the
Company's tardiness policy.
(d) Employees shall remain at their work site performing their
assigned work function until the whistle sounds signaling personal
clean-up prior to the end of their shift. This whistle shall sound
ten (10) minutes prior to the end of their shift. Any Employee who
violates this requirement shall be subject to disciplinary action.
Section 9. The reporting in may be designated by the Company to be off-site.
Employees will not be paid for time traveling from their home to such off-site
stations if within a 25 mile radius.
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If the Company establishes such reporting in stations, it shall provide gang
boxes or time on the clock to secure Employees' or Company tools.
Section 10. The Parties recognize that shift work by Employees may from time to
time create undue hardships necessitating Employee requests to change shifts.
The Company agrees that consideration of legitimate requests for shift transfers
promotes good Employee relations and is a good management policy.
The Company agrees to consider all reasonable requests by Employees for shift
change. Any Employee who desires a shift change shall submit a request to their
immediate supervisor on a form designated for that purpose. These forms will be
maintained in a department file and when an opening occurs on a particular
shift, the Company shall give priority to those Employees who have thus
indicated a desire for shift change.
However, the Parties recognize that the assignment of work to Employees,
including the shift on which Employees perform their work, shall be at the sole
discretion of the Company. The Company agrees that placement and shift transfers
shall not be done for punitive purposes.
Section 11. Any Employee who is assigned to, and works on, the second or third
regular shift shall be paid a shift differential in accordance with the
following schedule:
Mechanics and above = $.50 per hour
Below Mechanics and above Helpers = $.40 per hour
Helpers and below = $.30 per hour.
ARTICLE VI
OFF-SITE WORK
Section 1. An Employee who is required to travel and does travel to a job
within 25 miles of the yard, either before the Employee's starting time or after
Employee's quitting time, shall be paid travel mileage at the current IRS rate
and in accordance with the mileage chart attached as Appendix 6. For locations
outside the 25-mile radius of the yard, Employees shall be paid straight time
for the time spent engaged in such travel.
Section 2. The Company shall provide a posted form identifying locations to
volunteer for off-site work.
Section 3. When an Employee who regularly reports to work at the Berkley Yard
is required during the course of the Employee's workday to go to any other site
within the Tidewater area where Company work is being performed, the Employee
shall be provided transportation and returned to the Employee's regular
reporting place by quitting time, in a Company vehicle, when a Company vehicle
and driver are available, unless the Employee, or Employees concerned, shall
otherwise request. Provided, however, that no Employee shall be required against
the Employee's will to drive the Employee's own vehicle and that no Employee
shall be required against the Employee's will to ride in a personal vehicle
driven by another Employee.
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When Employees are required to work away from the yard, an effort will be made
to notify such Employees in advance of the availability or non-availability of
eating facilities at the location of the work. When eating facilities are not
available and no advance notice has been given, the Company will either provide
transportation to and from an eating establishment or bring food to the
Employees, whichever is more practical.
Section 4. Employees assigned as boat crews, and Employees who are assigned to
vessels for sea trials, and Employees assigned to vessels as riding crews, will
while so engaged be paid as follows:
(1) In each twenty-four (24) hour period beginning
at 7:15 a.m. an Employee shall be guaranteed a
minimum of twelve (12) hours work and shall be
paid in accordance with Article VII hereof.
Employees assigned to vessels for trips of less
than twelve (12) hours duration shall be paid
for the actual time it takes to make the trip.
(2) If an Employee is required to perform work in
excess of twelve (12) hours in any twentyfour
(24) hour period, the Employee shall be paid
for actual hours worked and in accordance with
Article VII hereof.
Section 5. If during any twenty-four (24) hour period beginning at 7:15 a.m. an
Employee on Company business outside of the Tidewater area is required to be
gone for more than 24 hours, such Employee shall be guaranteed eight (8) hours
of pay per day, if such Employee is not provided an opportunity to work, unless
through the fault of the Employee, such as personal illness or injury. Such
guarantee shall not apply to weekend work. Paid travel time shall be considered
as hours worked for purposes of overtime computation.
Section 6. The Company agrees to pay Thirty Five Dollars ($35) Per Diem per day
when employees are working off site at a United States Marine Repair facility.
The Company shall pay Federal Per Diem rate by city for out-of-town work not at
another United States Marine Repair facility.
ARTICLE VII
OVERTIME
Section 1. Except where specified differently in this Agreement, an Employee
shall be paid at the rate of time and one-half (1-1/2) his applicable
straight-time hourly rate of pay for:
(a) time worked in excess of eight (8) hours per regular workday, or
forty (40) hours in the Employee' s work week, except as otherwise
provided in Article V, Section 5;
(b) time worked in excess of sixteen (16) hours in any 24-hour
period, without regard to the Employee's starting time, until the
Employee has had an eight (8) hour rest period; except that the
Company reserves the right to change the Employee's starting time in
such cases;
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(c) time worked on any of the following holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday
after Thanksgiving, Christmas Eve, and Christmas Day.
Section 2. For purposes of computing overtime on any basis, none of the
following shall be considered as time worked: disciplinary time off, and time
lost due to nonwork-related illness or injury.
Section 3. For the purpose of computing overtime compensation under this
Article, the term "regular rate of pay" shall mean the rate at which the
Employee is regularly paid, excluding overtime, but including any shift
differential.
Section 4. If more than one provision of this Agreement with regard to the
payment of overtime applies, the time worked shall be paid at the highest
overtime rate specified in this Agreement, but the Employee shall not be
entitled to additional overtime pay for any time worked under more than one
provision of this Agreement.
Section 5. For the purpose of computing overtime compensation after forty (40)
straighttime working hours of an Employee's scheduled work week, and Holidays,
as specified in Section 1 of this Article, the day shall begin at 7:15 a.m. and
the 24 hours immediately following shall be considered as belonging to that day.
Inclusive in the forty (40) straight time working hours shall be hours within
the Employee's normal shift hours Monday through Friday that due to provisions
of the labor contract required the payment of overtime hours.
Section 6. It is the intent of the Company, as far as practicable, to use the
Employees assigned to work that continues into or requires overtime work. This
shall not be applicable when an employee is not requested to work overtime and
another Employee performs the incidental work on the job of the Employee not
working overtime. The provisions of Section 6 shall take precedent over
provisions of Section 7 in the assignment of overtime work.
Section 7. Management will make a reasonable effort to divide overtime in each
three (3) months' period beginning thirty (30) days after the effective date of
this Agreement as equally as practicable, consistent with efficient operations,
among Employees in each seniority unit in each department.
However, management may consider the skill, ability and attendance records of
Employees and the desirability of continuity on a particular job. Any claim that
an Employee has not worked an equal share of available overtime in any three (3)
month period may be grieved. The remedy available under the
grievance/arbitration procedure shall be limited to such Employee being given an
opportunity for additional overtime work in the following three (3) month
period, if such overtime work is available without breaking the continuity of
the workforce assigned to a particular job. Payment for overtime lost shall not
be a remedy available under this Section.
Section 8. The Company will make reasonable effort to notify Employees required
to work overtime on a regular work day of the need to work such overtime at
least one hour prior to the end of the Employee's regular shift.
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Where overtime work is required in excess of forty (40) straight-time hours
during an Employee's scheduled work week, the Company will make a reasonable
effort to notify Employees at least four (4) hours in advance of the end of
their last regular work shift of the need for such overtime work.
Failure to provide such notice shall not, however, be deemed to excuse Employees
from the requirement that they perform the assigned overtime work. The Company
shall give consideration to possible hardships such as childcare responsibility,
car pooling, etc.
The Company shall make a reasonable effort to seek volunteers, as far as
practicable. The Company shall post an overtime volunteer list for Employees to
sign on a weekly basis.
Section 9. Any Employee who has worked in excess of 48 hours in three (3)
consecutive work weeks and who has not been absent from work during the
preceding three (3) weeks may indicate his/her desire to be excused from
overtime work on the following sixth and/or seventh days of their scheduled work
week.
The desire to be excused from such overtime must be made known to the Craft
Supervisors in writing during the first half of the first day of an Employee's
scheduled work week by use of a standard form provided by the Company. The Craft
Supervisors shall thereupon make a reasonable effort to accommodate the
Employee's desire to be excused from such work. Failure or inability to
accommodate an Employee's desire shall not, however, excuse an Employee from
performing any assigned overtime work.
For purposes of this section, absences resulting from medically-certified
illness or injury, approved time off for Union Business or any day for which
compensation in any form is received from the Company, shall be considered as
time worked, including "z-out" time.
Section 10. Contractors' employees (i.e. non-Norshipco employees hired through
a labor broker) shall be allowed to work overtime in emergencies or when a
qualified regular Company Employee is not available. In addition, when
contractors' employees are assigned to ten (10) hour shifts, they will be
allowed to work the overtime hours (Monday through Friday only). The Company
shall, as far as practicable, attempt to assign its regular Employees to these
ten (10) hour shifts.
ARTICLE VIII
PAID HOLIDAYS
Section 1. For the purposes of this Article, the term "Paid Holiday" means one
of the following days: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day. Friday after Thanksgiving, Christmas Eve and Christmas
Day. A paid holiday shall be deemed to begin at the beginning of the First Shift
on such paid holiday and to end at the beginning of the First Shift on the next
succeeding day.
Section 2. If one of the above-listed holidays falls on a Saturday or Sunday of
the Employee's regular workweek, the holiday shall be observed on Friday if
holiday falls on Saturday, observed on Monday if holiday falls on Sunday.
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Section 3. An eligible Employee (as hereinafter defined) shall be paid for such
paid holiday an amount equal to eight times the Employee's hourly base rate, or
in the case of an eligible Employee who is regularly scheduled to work other
than eight hours per day, the number of hours for which the Employee is
regularly scheduled to work times the Employee's hourly base rate if the holiday
falls on a regularlyscheduled workday. An Employee shall not be deemed to have
worked on a paid holiday by reason of the Employee completing a regularly
scheduled shift that began before the beginning of the First Shift on such paid
holiday.
For the purposes of this Article, an eligible Employee is one who:
(a) has required length of service in accordance with the provisions
of Section 10 of Article XI, which service has not been broken by any
of the methods described in Section 3 of Article XI and;
(b) has worked the last scheduled workday before and the first
scheduled workday after the day on which the paid holiday is observed
and;
(c) on the day on which the paid holiday is observed is not on
layoff, except on a layoff arising from a layoff slip issued during
the normal work week in which the paid holiday is observed, in
military service, or absent due to illness/injury, except
illness/injury that is substantiated by a doctor's certificate.
(d) Employees who are unable to work as required above shall be
eligible for holiday pay if their absence is due to death in the
immediate family (mother, father, wife, husband, brother, sister,
son, daughter, mother-in-law or father-in-law) or previously
scheduled vacation.
Section 4. An Employee who is required to report for work on a paid holiday and
who fails to report for work shall be disqualified from receiving pay for the
holiday provided by Section 3 of this Article. Documented excuses will be
handled on a case by case basis.
An Employee who is required to report for work on a paid holiday and works less
than the hours required by the Company shall be disqualified from receiving pay
for the holiday provided by Section 3 of this Article. This shall not apply when
an Employee is less than one (1) hour tardy. Documented excuses will be handled
on a case by case basis.
ARTICLE IX
CALLIN PAY AND MINIMUM PAY
Section 1. Any Employee who is ordered to report for work and who does report
at the time scheduled but who is not then put to work within one (1) hour after
the Employee's scheduled starting time shall receive an amount not less than two
(2) hours' pay; unless such Employee shall not be put to work at the Employee's
own request or because of the Employee's own fault or because of any strike or
other Union caused stoppage of work.
Section 2. Any Employee who is initially put to work (i.e. physically on the
job site performing work) on any shift during the work week shall receive not
less than four (4) hours' pay, unless
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the Employee shall have voluntarily quit work or been sent home because of the
Employee's own fault or because of a strike or other Union caused stoppage of
work or circumstances beyond the control of the Company, in which event the
Employee shall be paid only for the time actually worked, but not less than two
(2) hours pay. Any employee who works in excess of four (4) hours shall be paid
for the time actually worked.
Section 3. Any Employee who is called-in to work outside the Employees normal
shift hours or on Saturday, Sunday or Holiday shall receive not less than four
(4) hours pay, unless the Employee shall have voluntarily quit work or been sent
home because of the Employee's own fault or because of a strike or other Union
caused stoppage of work, in which event the Employee shall be paid only for the
time actually worked.
Section 4. An Employee who is assigned to a regular shift during the normal
work week who is ordered to report at a later time in the day, due to a change
in the workload, and who, consequently, does not perform any work in the 24-hour
period beginning at 7:15 a.m. on the day the change was made, shall be entitled
to at least four (4) hours' pay.
This Section is applicable only to Employees who would lose a day's pay due to
the canceling or rescheduling of work and who ordinarily would continue to work
on their regularly assigned shift the following day.
Section 5. Call-in pay and minimum pay provided for in this Article shall be
computed at the regular hourly base rate of pay of the Employee who shall be
entitled thereto, except if such Employee is entitled to be paid at the overtime
rate, in which case the call-in or minimum pay shall be computed at such
overtime rate of pay.
ARTICLE X
VACATIONS
Section 1. Length of service shall be determined as of an Employee's
anniversary date of employment as of the date of his last hire.
Section 2. In order to be eligible for vacation under this Section, an Employee
must be employed by the Company on his eligibility date. To qualify for paid
vacation provided for in this Article, an Employee must have worked the
following minimum straight-time production scheduled hours in the year preceding
the Employee's vacation eligibility date:
(a) for full vacation benefit, a minimum of 1480 such hours;
(b) for 3/4 vacation benefit, a minimum of 1280 such hours;
(c) for 1/2 vacation benefit, a minimum of 1080 such hours, the year
preceding
These minimums shall not apply to Employees who have worked 1900 or more hours
during the preceding year. For purposes of this provision, hours worked means
hours actually worked or hours paid by the Company as if actually worked,
including any periods for which approved Union Business and/or workers'
compensation benefits were paid.
13
Notwithstanding any other provision of this Article, an Employee shall not be
entitled to a vacation in any year in which the Employee does not perform at
least thirty (30) days of work for the Company.
Section 3. Employees who, on their vacation eligibility date, have satisfied
the various requirements set forth in this Article in order to qualify for a
vacation, shall be provided with paid vacations in accordance with the following
schedule:
One year or more, but less than five years of continuous service - 1 week of
vacation.
Five years or more, but less than ten years of continuous service - 2 weeks of
vacation.
Ten years or more, but less than 20 years of continuous service - 3 weeks of
vacation.
Twenty years or more of continuous service - 4 weeks of vacation.
Section 4. The vacation eligibility dates for individual Employees shall remain
constant and shall be determined as follows:
Any Employee who, on the effective date of this Agreement, has previously
qualified for paid vacation pay shall have the Employee's most recent qualifying
date as the Employee's continuing vacation eligibility date. Employees hired
subsequent to the effective date of this Agreement, shall have their vacation
eligibility date determined in the following manner:
Completion of one year of
continuous service between: Eligibility Date
--------------------------- ----------------
January 1 and March 31 April 1
April 1 and June 30 July 1
July 1 and September 30 October 1
October 1 and December 31 January 1
Section 5. Any Employee who qualifies for vacation shall be paid an amount
equal to 40 hours' pay at the Employee's current rate of pay for each week of
vacation.
Section 6. If an Employee who has earned a vacation under the terms of this
Article shall die before taking such vacation, the amount of pay to which the
Employee would have been entitled had the Employee lived, shall be paid by the
Company to the Employee's estate.
Section 7. An Employee who is laid off and who at the time of the Employee's
layoff shall have a vacation due the Employee and has not received it, may, at
the Employee's request, obtain what vacation pay is due the Employee on the
regular pay day or pay days following the Employee's layoff.
Section 8. An Employee who has previously become eligible for and received a
vacation payment and who during the year following their last vacation
eligibility date voluntarily quits
14
with 5 work days notice to the Company, or who retires, shall be entitled to
accrued unused vacation upon separation:
(a) for full vacation benefit, a minimum of 1480 such hours;
(b) for 3/4 vacation benefit, a minimum of 1280 such hours;
(c) for 1/2 vacation benefit, a minimum of 1080 such hours.
(d) An Employee terminated for just cause shall not be eligible for
prorata vacation for the year in which they are terminated; however,
such Employee shall be paid accrued, unused vacation carried over
from prior years, if any.
Section 9. As far as practicable, vacations shall be granted at times most
desired by the Employees, with preference to Employees having greatest seniority
in case of conflict but final right to allot vacation periods is reserved to the
Company in order to insure the orderly operation of the yard.
Section 10. Vacation awarded prior to November 1, 1988 may be carried over,
provided no more than 65 work days (13 calendar weeks) are on the books at any
one time. Such accumulated vacation shall be paid for at the individual
employee's rate of pay in effect on November 1, 1988 regardless when taken.
Section 11. Employees who are unable to take the current year's vacation due to
company workload or personal desire may carryover up to two years of the maximum
vacation hours awarded.
Section 12. An Employee may request a vacation on a form furnished by the
Company and signed by the Employee's Craft Supervisor. When approval has been
granted by a Department Head for such vacation dates, such approval shall not be
withdrawn except by mutual agreement between the Employee and the Craft
Supervisor.
An Employee who requests three (3) or more consecutive days of vacation, and
makes such request in writing between the 30th - 45th day prior to the first day
of vacation, if such request is received in a timely manner, the Craft
Supervisor shall respond to the request within 10 days after such request is
received.
Section 13. Earned vacation may be taken in increments of not less than two (2)
hours.
ARTICLE XI
SENIORITY
Section 1. Employees shall be laid off and recalled in each seniority unit in
accordance with their skill, ability and efficiency, and length of service.
Where skill, ability and efficiency are approximately equal between two or more
Employees in a seniority unit, length of continuous service with the Company
shall be the controlling factor. The determination of skill, ability, and
efficiency, shall be made in good faith by the Company.
15
A non probationary Employee with less than twelve (12) months service shall be
laid off first within each classification. Temporary Employees as defined in
Article XXIV shall not accrue seniority under this Article.
Section 2. For the purpose of this Article, Employees within each
classification in each department, as such departments are listed in Appendix 2,
shall constitute a separate seniority unit.
Section 3. For the purpose of this Article, the length of Service of each
Employee in a seniority unit as of the date of this Agreement shall begin with
the date the Employee was last hired by the Company, except that the length of
service of an Employee shall be broken and no prior period of service shall be
counted, if such Employee:
(a) quits the Employee's employment for any reason, or
(b) is discharged for just cause, or
(c) is absent from employment without permission for five (5)
consecutive work days unless the Employee shall notify the Company
within the five (5) day period informing the Company of the reason
the Employee is absent from work and when the Employee expects to
return to work and that the Company retains the right to determine
whether or not the stated reason is acceptable. The Employee would be
excused from such reporting during the 5-day period only if the
Employee can provide documentation that he/she was physically or
mentally unable to do so. Upon return to work, the Employee must
present satisfactory proof that such disability has existed.
(d) has at least fifteen (15) months length of service and is laid
off and not recalled to work within fifteen (15) months, or has less
than fifteen (15) months length of service and is not recalled to
work prior to the layoff being of a duration equal to their length of
service.
(e) has been unable to work due to personal illness/injury or
occupational injury or any incapacitation for a period of not more
than fifteen (15) months. Employees absent due to illness or injury
will be given 30 days written notice prior to removal from the
payroll.
(f) does not respond as specified herein to a seniority recall, when
given notice by Certified Mail. Upon receipt of the Certified Mail,
an Employee has forty-eight (48) hours, exclusive of Saturdays,
Sundays and Holidays, to contact the Company and inform the Human
Resources Department as to whether he/she will be returning back to
work. Thereafter, an Employee has five (5) days, exclusive of
Saturdays, Sundays and Holidays, to report to work unless the
Employee presents a reasonable excuse. It is each Employee's personal
responsibility to maintain a current mailing address and telephone
number on file with the Human Resources Department.
Section 4. Notwithstanding the provisions of Section 3 of this Article, an
Employee that had his/her length of service broken under the provisions of this
Section, may upon mutual agreement between the Company and the Union, have
his/her length of service reinstated.
16
Section 5. When a permanent lay off (one of more than ten (10) working days
duration) from a seniority unit becomes necessary, those Employees who are
subject to layoff, and who have been transferred into the affected unit from
another seniority unit shall, in accordance with their Company-wide seniority be
permitted to return only to their immediately previous seniority unit to a job
which they have previously performed and which is held by the Employee with
least continuous service with the Company.
Employees who exercise such seniority to bump back into a previous seniority
unit must do so by giving notice to Personnel within three (3) working days of
the official layoff notice. The least senior Employee, displaced by an Employee
returning from another department, shall then be subject to layoff.
Should a permanent layoff become necessary in the seniority unit to which a
previously transferred Employee has been returned in accordance with the
procedure set forth above, the Employee will not, in the event the Employee was
previously transferred into the now affected seniority unit from another
seniority unit, again be given an opportunity to claim a job in the seniority
unit from which the Employee was earlier transferred into the Employee's present
seniority unit. When permanent job openings again become available in a
seniority unit in which a layoff took place, the Employees previously removed
from those jobs shall be recalled in accordance with the provision and
principles set down in Section 1 of this Article in order to fill the job
vacancies.
Section 6. For the purposes of this Article, an Employee may be temporarily
shifted (see Article XII) from one occupation or type of work to another
occupation or type of work as the Company may decide the workload requires, and
still retain the Employee's seniority in the Employee's regular seniority unit.
Such temporary assignment will end upon the availability of work for such
Employee in the Employee's regular seniority unit.
Any Employee who has been incapacitated at the Employee's regular work by injury
or compensable occupational disease while employed by the Company may be
employed on any other work which the Employee can do without regard to any
seniority provisions of this Agreement.
Section 7. Leaves of absence shall, be available to Employees to the extent
provided by and in accordance with the provisions of the FMLA. Employees shall
be provided a summary of their rights under the FMLA when hired or when they
otherwise request such information from Human Resources. Employee's rights of
reinstatement shall be as required by law, but subject to the other provisions
of this agreement affecting layoffs, recall and seniority.
An Employee's used vacation hours and xxxxxxx'x compensation time off shall be
counted as hours worked, exclusively for the purpose of the employee meeting
FMLA 1250 hour threshold.
An Employee shall be allowed a leave of absence due to an emergency not covered
by FMLA, subject to appropriate documentation and approval of Employee's Craft
Manager. Any denial of this emergency leave of absence shall be subject to
review by the Company's Human Resources
17
Department. This leave of absence shall not exceed thirty (30) calendar days
within a twelve (12) month period.
Section 8. A leave of absence for the purpose of assuming an office or position
with the International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers, shall be made available to an Employee who
makes a written request for such leave. Such Employee shall continue to accrue
seniority during such leave for a period not to exceed two (2) years, and shall
have rights to reinstatement to his/her classification upon the completion of
such leave of absence. Such leave may be extended only by written agreement of
the Employee and the Company.
Section 9. An Employee shall be allowed to decline employment offered the
Employee on a recall without prejudicing the Employee's seniority status if it
appears that such employment shall be of a temporary nature (less than 10
working days); in which case, the Company shall provide the Employee with a
letter permitting the decline of such temporary employment.
Section 10. New Employees shall be considered as "probationary" Employees and
shall not be deemed to have any length of service until they have performed 90
days of work, except in the case of Apprentices, whose probationary period shall
be six (6) months, after which, if they are continued in employment, their names
shall be added to the seniority lists as of the date of their employment. It is
agreed that the probationary period is a time frame for the Company to determine
new employees skills and performance levels. Therefore, it is a management
function to use the probationary period to determine which probationary
Employees have the appropriate skills and performance levels and to eliminate
from the workforce those that do not, prior to them gaining seniority.
Notwithstanding the provisions of Article XXVIII Discipline, it is the Company's
right to discharge any probationary Employee for violation of any Company rule,
including but not limited to, "lack of requisite skills" and "insufficient
production".
Section 11. A permanent layoff, for the purpose of this Article, shall be
recognized only after an Employee has been issued a slip marked "LAYOFF".
However, the Company may retain a regular Employee without regard to the
seniority provision of this Agreement for the purpose of maintaining job
continuity, in order to complete a job already in progress, but in no event to
exceed five (5) working days, except that the Company may retain Employees
assigned to Composite Crews for the purpose of maintaining job continuity on
such crews for up to ten (10) working days without regard to seniority. The
Company will be permitted to "Z" out any employee for up to five (5) working
days in accordance with this Section, except as set forth in Sections 12 and 13.
The Company, as far as practicable, shall not repeatedly "Z" out the same
Employees. The Company, as far as practicable, shall "Z" out on a rotational
basis.
Section 12. The Company will notify any Employee two (2) hours in advance of
its intention to layoff. If notice of layoff, of less than two (2) hours is
given, but notice is adequate to obtain a clearance, then clearance shall be
obtained before the Employee's regularly scheduled quitting time, but the
Employee shall be paid two (2) hours pay for clearing-out. In the event such
notice is not given two (2) hours will be allowed the Employee for the purpose
of obtaining a clearance on any regularly scheduled work day on or before the
following payday. The parties recognize that two (2) hours pay is the
appropriate pay for clearing out. Notwithstanding this, there may be
18
rare occasions when more time is needed. When this happens, additional clearing
out pay up to four (4) hours pay may be warranted on a case by case basis.
Section 13. Members of the Union Grievance Committee (not to exceed four (4)
members), Union Officers (not to exceed seven (7) members) and duly appointed
shop stewards shall have super seniority for the purposes of layoff and recall,
provided that they have at least two (2) years continuous service with the
Company from the date of last rehire and can perform the work available. Union
Shop Stewards may be laid off if there is no work in their respective
departments of which they can perform and will be the first recalled.
The Union Negotiating Committee (not to exceed six (6) members), shall have
"super seniority" for the purposes of layoff provided they can perform the work
available. This "super seniority" begins thirty (30) calendar days prior to the
date the bargaining parties agree to begin bargaining for a new collective
bargaining agreement, and ceases upon ratification of a new contract.
Section 14. The Company shall provide to the union and post in the shops an
updated seniority list in January, April, July and October of each year during
the life of this Agreement.
Section 15. The Company, as far as practicable, shall make a "good faith"
effort to transfer an employee into another trade in order to avoid a layoff.
However, it is recognized that this shall not in any way whatsoever limit the
Company's right to layoff employees pursuant to the provisions of Article XVII
Management Functions.
ARTICLE XII
TRADE TRANSFERS
Section 1. The permanent transfer of an Employee from one seniority unit to
another seniority unit within the same trade or into a different trade shall be
a function of management, subject to the provisions of this Section and shall
not be deemed to be a violation of any of the seniority rules set forth in this
contract.
A permanent transfer shall be recognized as such only when a written transfer
document has been issued giving the Employee a badge number in the new
department.
The Employee shall be entitled to be retained in the seniority unit to which the
Employee has been permanently transferred based upon the factors referred to in
Section 1 of Article XI.
The Company shall request volunteers prior to initiating any permanent transfer
of an Employee from one seniority unit to another seniority unit within the same
trade. The Company shall, as far as practicable, use the volunteer list in
making the decision on a permanent transfer.
The Company shall request volunteers prior to initiating any permanent transfer
of an Employee from one seniority unit to another seniority unit in a different
trade. This permanent transfer shall be subject to the written approval of the
Employee.
Subject to the provisions of Section 3 of Article XI, the following provisions
shall apply with respect to permanent transfers:
19
(a) An Employee who is permanently transferred from one seniority
unit to another seniority unit will, for the purposes of layoff and
recall only, be credited with the Employee's full companywide
seniority.
(b) If an Employee is transferred out of the bargaining unit, the
Employee shall continue to accumulate and retain length of service in
the seniority unit from which the Employee has been transferred up to
a maximum of twenty four (24) months, provided the Employee is
transferred back to the bargaining unit prior to the expiration of
the twenty four (24) month period. If the Employee remains in the
nonbargaining position beyond the twenty four (24) month period, the
Employee's length of service shall be frozen as of the initial date
of the Employee's promotion to the non-bargaining position.
Section 2. In order to maximize the efficient utilization of the current
workforce and because of the inherent delays in increasing the workforce, it
shall be a management function, subject to the provisions of this Article, to
temporarily shift an Employee from one trade or type of work to another trade or
type of work. When this happens, the Employee shall retain his/her seniority in
the Employee's regular seniority unit.
The temporary shifting of an Employee from one trade or type of work to another
trade or type of work shall be governed by the following guidelines:
(a) When all seniority Employees in a trade are working, there shall
be no restrictions on the temporary shifting of Employees from other
trades to that trade.
(b) When seniority Employees are on lay off in a trade, the following
restrictions on temporarily shifting Employees from other trades into
that trade shall apply:
(1) For work of less than three (3) days, there
shall be no restrictions on temporary shifting.
Temporary shifting shall not be done
consecutively, within a short timeframe, for
the purpose of circumventing the seniority
recall provision.
(2) For work of less than ten (10) days, but
greater than three (3) days, the Company shall
have the right to temporarily shift Employees
provided that the laid off Employees in the
trade into which the shifting is to occur are
afforded the opportunity to be recalled to
work. These events can take place
simultaneously (i.e. the shifting can take
place at the same time the Human Resources
Department attempts to recall the laid off
employees). The Union shall receive a copy of
the Recall From Lay-off Notice form the same
day the recall is attempted.
(3) For work of ten (10) days or more, the Company
shall have the right to temporarily shift
Employees provided that the laid off Employees
in the trade into which the shifting is to
occur are on seniority recall in accordance
with the provisions of Section 3(f) and Section
9 of Article XI. These events can take place
simultaneously (i.e. the shifting can take
place
20
at the same time the Human Resources Department
attempts to recall the laid off Employees).
(4) The Union President or Vice President shall be
notified prior to any temporary shifting.
(5) It is understood an Employee will not be
disciplined for his/her inability to perform
work assignments outside his/her primary trade.
ARTICLE XIII
GRIEVANCE PROCEDURE
Section 1. The term "Grievance" as used in this Agreement shall mean any
complaint, disagreement or difference of opinion between any Employee or the
Union and the Company that concerns the interpretation of application of an
article or provision of this Agreement. A grievance may be filed by the union,
or individual employee acting on his/her own, or by the Company.
Section 2. Grievances shall be processed in accordance with the steps set forth
below; provided, however, that any Employee who feels aggrieved shall first
discuss the Employee's complaint with the Employee's immediate Supervisor with
or without the presence of the Employee's Shop Xxxxxxx, as the Employee may
desire.
If a written grievance is filed by an Employee, or the Union, the Grievant shall
not be approached or conferred with by the Company unless such Shop Xxxxxxx or
Union President are present. A grievance shall be barred from processing beyond
the complaint stage unless referred by the Employee to Step 1, below, within
seven (7) working days of the day on which said complaint or grievance arose or
the day on which the aggrieved Employee could have been reasonably expected to
be aware of the cause for complaint.
A Shop Xxxxxxx or Union Representative may request permission (which permission
shall not be unreasonably withheld) to leave the Shop Xxxxxxx'x or Union
Representative's employment to investigate a grievance in his/her Group when it
is an urgent matter and with the understanding that the Shop Xxxxxxx or Union
Representative will spend the minimum time away from work.
A Shop Xxxxxxx may attend grievance meetings by appointment with a Supervisor in
the department or Group over which the Shop Xxxxxxx or Union Representative has
authority, with the understanding that payment by the Company for grievance time
shall not exceed two (2) hours per week for the authorized Stewards in each
Department.
Such permission shall be granted in writing on a form supplied by the Company;
this form shall be returned to the Craft Manager when the Shop Xxxxxxx resumes
work.
21
Section 3.
STEP 1
Grievances shall, in all cases, be submitted in writing in not less than
duplicate, on forms to be provided by the Company and shall be signed by the
Shop Xxxxxxx or Employee submitting the grievance. The name or names of the
aggrieved Employees shall be set forth in said form. The contract article or
provision alleged to have been violated, and the nature of the relief sought,
shall be included in said written submission.
Grievances may be presented (a) by the Shop Xxxxxxx or President or Vice
President of the Local Union, with or without the aggrieved being present, or
(b) the Employee or Employees concerned may present such grievance to the Craft
Manager directly without having first registered such grievance with the Shop
Xxxxxxx or (c) the Shop Xxxxxxx or President or Vice president of the Local
Union having knowledge of the grievance may, without the presence of the
Employee or Employees concerned, present the grievance to the Craft Manager. All
grievances must be presented to the Craft Manager designated in this step within
seven (7) working days of the occurrence or failure of occurrence; whichever may
be the case, of the incident upon which the grievance is based.
STEP 2
If unable to reach a satisfactory answer in writing from the Craft Manager or
Craft Supervisor within three (3) working days, the Union President or Employee
concerned may submit the grievance to the Manager of Human Resources within five
(5) working days.
STEP 3
If unable to reach a satisfactory answer in writing from the Manager of Human
Resources within three (3) working days, the Union President or the Employee
concerned may, within five (5) working days of the answer, submit the grievance
to the next regular monthly grievance meeting between the Union Grievance
Committee and Representatives of Management provided, however, that should an
emergency case arise such as, but not limited to, a discharge case, the
Representatives of Management and the Union Grievance Committee will, as soon as
possible, hold a special meeting and take prompt action on any such emergency
case or cases. In the absence of the aggrieved, the Shop Xxxxxxx who processed
the grievance shall be permitted to attend.
At the request of the Union President, or in the event of the Union President's
absence, the Grievance Committee, a grievance arising from discharge, layoff, or
transfer will be given priority over other grievances in the order named.
If a grievance is filed with and moved to Step 3, the Company shall provide the
Union with copies of all relevant documents known and/or available to the
Company at the time, including written statements of Employees and supervisors,
if any, prior to the Third Step meeting. Nothing in this Section shall limit the
Union's right to information relevant and necessary to the processing of
grievances at earlier stages of the procedure.
22
Section 4. The settlement of any grievance that shall be submitted to an
arbitrator shall not in any case be retroactive to a date prior to fifteen (15)
working days before the date on which such grievance shall have been first
presented in written form under Step 1 of the procedure set forth in Section 3
of this Article.
ARTICLE XIV
ARBITRATION
Section 1. If a grievance is not satisfactorily adjusted at the 3rd Step of the
Grievance Procedure, which decision shall be rendered within five (5) working
days following the regular grievance meeting or the special grievance meeting
where applicable the Union may submit the case to Arbitration. Notification of
decision to arbitrate a grievance, which was processed through the prescribed
grievance procedure, shall be filed within twenty (20) calendar days of the
rendering of the decision by the Company at the 3rd Step.
Section 2. The Company and the Union shall, within ten (10) calendar days, make
a joint application to the National Office of the Federal Mediation and
Conciliation Service at Washington, D.C., to submit a panel of seven (7) names
of qualified arbitrators.
Section 3. If the parties cannot agree on the selection of an arbitrator from
this panel, each side shall, within fifteen (15) calendar days from the receipt
of the panel, strike three (3) of the names listed and the remaining individual
shall be the arbitrator.
Section 4. The Arbitrator shall have authority only to interpret and apply the
Provisions of this Agreement. The Arbitrator shall be without power to change,
alter, or amend the language of this Agreement.
Section 5. The decision of such arbitrator on any grievance that shall have
been submitted to the arbitrator in accordance with the Provisions of this
Agreement shall be final and binding upon the Company and the Union and the
Employees concerned therein, except insofar as such decision shall be contrary
to law.
Section 6. The fees and expenses of the arbitrator and the Federal Mediation
and Conciliation Service shall be shared equally between the parties. Any fees
resulting from one party canceling a scheduled Arbitration Hearing, shall be
paid by the canceling party.
Section 7. The parties agree that any grievance submitted to arbitration shall
be scheduled as expeditiously as possible.
Section 8. Except as provided for in this Article, and Article XIII, the Union
shall be liable for the payment of time to Union Representatives while
participating in grievance meetings and arbitration proceedings.
Section 9. The payment for time lost from work by witnesses called by the Union
in arbitration proceedings shall be borne by the Union.
23
ARTICLE XV
SAFETY, SANITATION AND HEALTH
Section 1. The Company shall make reasonable effort to protect the health of
its Employees and to provide safe working conditions and adequate first aid
service.
Section 2.
(a) ANSI-approved leather-top work shoes, with a heel, must be worn.
(b) Adequate lighting, protective devices and equipment, such as
goggles, safety glasses and personal fall arrest systems, necessary
to protect Employees shall be made available by the Company in
accordance with its established practices.
(c) Damaged ANSI approved personal prescription eyeglasses will be
accepted for credit if damage is not due to the carelessness of the
Employee and the item broken is turned in with a Broken Tool Report
Slip signed by the Craft Supervisor or Craft Manager in charge of the
shop.
Section 3. Outer garment protection shall be provided to Employees in situations
requiring their use.
Section 4. Working alone in tanks or confined spaces shall not be permitted.
Section 5. Crane Operators shall not be required to perform work for more than
fifteen and a half (15-1/2) hours in any twenty four (24) hour period.
Section 6. If an Employee shall be injured while employed on Company work and
shall remain subject to partial disability or limitation, the Company insofar as
its operations will permit, will endeavor to transfer such Employee to some work
which is within the Employee's capacity to perform.
Section 7. If an Employee shall be injured on the job and shall be sent home by
the Company doctor or nurse, the Employee shall receive eight (8) hours of pay
on the day the injury occurred, or the number of hours that the employee is
scheduled to work (i.e. 4/10 shift).
If an Employee receives a flash burn, and it is medically certified that the
Employee cannot work on the day following the flash burn, that Employee shall
receive 8 hours pay for that day.
Section 8. If an Employee shall be injured on the job, the Union Office shall
be notified of any injury requiring outside medical attention and the Shop
Xxxxxxx of the Employee's department shall have the right to ascertain the facts
of the accident, but the Shop Xxxxxxx shall, not leave the Shop Xxxxxxx'x job
without permission of the Shop Xxxxxxx'x immediate supervisor.
Section 9. The Employees agree to cooperate with the Company in keeping all
toilet rooms maintained in a clean, dry and sanitary condition. The Company
agrees to keep these premises
24
properly lighted, heated, and ventilated. Pure and properly cooled drinking
water shall be furnished Employees at all times.
Section 10. The Union will cooperate with the Company in encouraging Employees
to observe all safety regulations prescribed by the Company and to work in a
safe manner. To that end, a Safety Committee shall be established to be composed
of four (4) representatives of the Company and four (4) representatives of the
Union.
Employees on such Committee shall be recognized by the Company upon written
notification by the Union. The Employees appointed by the Union shall be
selected from those who have worked for the Company a minimum of two (2) years.
(a) The Safety Director shall serve as chairperson of the Safety
Committee.
(b) The Safety Committee shall meet every month at a designated time
and place.
(c) Where a majority of the Safety Committee vote approval of any
suggestions to the Company, this shall be considered as a
recommendation of the Safety Committee to the Company. Where the
Safety Committee is evenly divided as to any proposals to the
Company, this shall be considered a report and should also be
submitted to the Company but in no event shall the Company be advised
as to those voting for or against such proposal.
(d) The Safety Committee shall submit in writing any recommendation
or report concerning safety conditions to the Manager of Facilities.
(e) The Manager of Facilities, within a reasonable time, shall, in
writing, give an answer to the recommendation or report of the Safety
Committee stating the decision of the Company on such proposal, and
the action taken, if any.
(f) The Company reserves the right to accept or reject any
recommendations.
(g) There will be a Joint Committee meeting monthly. Six (6) of those
meetings per year (bi-monthly) will consist of a tour of the
facility.
(h) The Company shall assign at least one Bargaining Unit Employee
one day each week to assist with the ship safety walk-through. These
Bargaining Unit Employees shall be rotated each week.
ARTICLE XVI
NO STRIKES OR LOCKOUTS
Section 1. During the term of this Agreement the Company shall not engage in
any lockouts.
Section 2. During the term of this Agreement neither the Union nor any of its
officers, agents or representatives nor any member of the bargaining unit, shall
engage in, prolong, sanction, or
25
encourage any strike, work stoppage, slow-down or other interference with or
curtailment of work or production.
Section 3. In the event that any officers, agents or representatives of the
Union, or any member of the bargaining unit shall engage in, prolong, sanction,
or encourage any strike, work stoppage, slow-down or other interference with
work or production, the Union agrees to immediately take all possible steps to
terminate same, including but not limited to the posting, not later than
twenty-four (24) hours after the Union is notified by the Employer a condition
exists as set forth above and particularly in Article XVI hereof at the
Employee's entrance to the Employer's premises a notice signed by the Local
Union President, reading as follows:
NOTICE
To all members of the bargaining unit represented by Local No. 684,
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers, and Helpers of America, AFL-CIO: The current
strike, slow-down or interference with the work is unauthorized and a
violation of our Agreement with the Employer, and you are hereby
directed to terminate the same at once. Those participating therein
are subject to disciplinary action, including discharge, and the
Union will not defend them against such action unless they return to
work. If you terminate such action immediately, the Union will
process through the grievance machinery any just grievance you may
have.
ARTICLE XVII
MANAGEMENT FUNCTIONS
Subject to the provisions of this Agreement, the Company retains the sole right
to manage its business and direct the work force, including but not limited to
the right to: hire, rate, classify, transfer, assign work (including the right
to assign to an Employee in such craft, work which is not normally performed by
the Employees in such craft, whenever practicable for the purpose of efficient
operations or necessary to eliminate standby time), promote, demote because of
inability to properly perform (i.e. performance and skills) the work assigned,
discipline (including right to suspend) or discharge for just cause, supervise
all personnel, lay off Employees because of lack of work or for any legitimate
reason, distribute work among departments, consolidate departments, to
subcontract work, to make and enforce rules and regulations, to regulate the use
of equipment and other property of the Company, to determine and control all
procedures and methods of production and exercise any and all other powers
necessary to the efficient operation of the business of the Company; provided,
however, that these functions will not be exercised for the purpose of
discrimination against any Employee because of the Employee's membership in the
Union.
ARTICLE XVIII
DUES CHECK-OFF
Section 1. Upon receipt by the Company of a voluntary written assignment (in
the form hereinafter set forth) by an Employee covered by a collective
bargaining agreement between the
26
Union and the Company which shall provide for the check-off of Union dues, the
Company, so long as such agreement and assignment shall remain in effect, shall
make the deductions and payments provided in such assignment. The form of such
voluntary written assignment shall be as follows:
AUTHORIZATION FOR CHECK-OFF FROM WAGES
To: ___________________ (Employer), I _______________, an
employee of ____________________, hereby authorize and direct my
employer to deduct from my wages and pay to the International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers
and Helpers, AFL-CIO, Local Lodge No. 684, (herein the "Union"), an
amount equal to dues, initiation fees, and reinstatement fees fixed
by the Union. This authorization is voluntarily made in order to pay
my fair share of the Union's costs of representing me for purposes of
collective bargaining and this authorization is not conditioned upon
my present or future membership in the Union. In addition, this
authorization is made with the specific understanding that it is not
a condition of employment with my employer.
This assignment, authorization and direction shall be irrevocable for
a period of one (1) year from the date thereof or until the
termination of the collective bargaining agreement between the
employer and the Union, whichever occurs sooner, without regard to
whether or not I am a Union member.
I agree and direct that this agreement, authorization and direction
shall be automatically renewed and shall be irrevocable for
successive periods of one (1) year each or for the period of each
succeeding applicable collective bargaining agreement between the
employer and the Union, whichever shall be shorter, without regard to
whether or not I am a member of the Union, unless written notice is
given by me to the employer and the Local Union Secretary-Treasurer
by registered mail not more than twenty (20) days and not less than
ten (10) days prior to the expiration of each period of one (1) year
or of each applicable collective bargaining agreement between the
employer and the Union, whichever occurs sooner.
"Union dues, contributions or gifts to Lodge 684, International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers
and Helpers AFL-CIO are not tax deductible as charitable
contributions for Federal Income Tax purposes. However, they may be
deductible as ordinary and necessary business expenses"
_______________________________
Name (Signature)
_______________________________ _________________
Social Security Number Date
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_______________________________
Employee Clock Number
Section 2. The Union shall indemnify the Company and hold it harmless against
any and all suits, claims, demands and liabilities that shall arise out of or by
reason of any action that shall be taken by the Company for the purpose of
complying with the provisions of this Article or in reliance on any assignment
or notice, which shall have been furnished to the Company under any of such
provisions.
ARTICLE XIX
PENSION PLAN AND GROUP INSURANCE
Section 1. The Employer shall pay into the BOILERMAKER-BLACKSMITH NATIONAL
PENSION TRUST the sum of twenty five cents ($0.25) per hour for each hour paid
by the Employer for all Employees covered by this agreement during the first
year, to be increased to fifty cents ($0.50) the second year, and to be
increased to seventy five cents ($.75) the third year. The Employer agrees to
and shall be bound by the Trust Agreement creating the Boilermaker-Blacksmith
National Pension Trust and all amendments now or hereafter approved by the Board
of Trustees, said Agreement and amendments are incorporated by reference and
made a part of this agreement as if affixed hereto. No contributions shall be
made to the Pension Plan on behalf of probationary or part time/temporary
employees.
Section 2. Effective midnight February 8, 2001, the NORSHIPCO PENSION PLAN
(i.e. Appendix 4, Section 1) will be frozen on the basis of each member's
Pension Credit as of that date. For the purposes of this plan no additional
years of service will be applied after that date unless the Pension Plan is
unfrozen in future years. All benefits accrued as of that date are retained by
the employees until retirement at which time benefits will be paid in accordance
with the Pension Plan document. The Company at its discretion may terminate the
Plan at any time and distribute the Pension credits to the member in accordance
with existing ERISA rules and law.
Section 3. Group Insurance benefits shall be in accordance with the package
program heretofore agreed upon by the Company and the Union.
Section 4. Any increase in the monthly premium payment for the medical and
dental insurance plans required of eligible Employees desiring coverage shall be
shared equally by the Company and Employee during the term of this Agreement.
Section 5. The specific provisions of the Health and Dental insurance policies
shall prevail in all instances and be final and binding on all parties to this
Agreement.
Section 6. Employees who have been laid off and who have existing Health
Insurance plan coverage may have the coverage continued for two (2) months
following the month in which the layoff occurred. A laid off Employee must
promptly pay any Employee contributions required in order to retain coverage.
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Section 7. Employees who are out due to personal injury/illness or occupational
injury will have coverage continued for fifteen (15) months following the month
in which the illness/injury occurred.
The employer will pay the same percentage of premium as it was paying at the
time of the injury or illness, providing the Employee had completed six (6)
months of service at the time of illness/injury. The Employee must promptly pay
any Employee contributions required in order to retain coverage.
Section 8. A Ten Thousand dollar ($10,000) Accidental Death and Dismemberment
plan shall be provided by the Company at its expense for all regular full-time
Employees covered by this Agreement and who have completed their probationary
period. In case of an accidental dismemberment the benefit will be paid in
accordance with the schedule provided in the plan.
A Ten Thousand dollar ($10,000) Life Insurance Policy shall be provided by the
Company at its expense, for all regular full-time Employees covered by this
Agreement and who have completed their probationary period.
Section 9. Weekly Accident and Sickness Benefits will be provided to all
eligible Employees in accordance with Appendix 3.
Section 10. Employees on Union business shall receive pension contributions for
all straight time hours so involved. This shall only be applicable for the
following Union business and Employees:
(a) Normal Union business for the Union President, Vice president and
Secretary/Treasurer.
(b) Normal Executive Board meetings.
(c) Grievance Committee preparations.
(d) Negotiating Committee.
Any deviation from the normal practices relative to the above shall require the
consent of the Company.
ARTICLE XX
TOOLS
Section 1. Any Company tool which is checked out by any Employee becomes the
sole responsibility of said Employee and is not subject to the control of any
supervisor except as provided in Section 2 of this Article until such tool has
been returned and the Employee's check has been returned. If, in the performance
of the work, said tool is damaged or lost, upon presentation of reasonable proof
of such damage or loss, the Company shall bear the cost of such loss and return
the Employee's tool check. If a serialized tool is damaged or lost due to
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Employee negligence, the Employee shall bear the replacement cost of the tool,
in accordance with the following schedule:
- less than (1) year old, 100% of replacement cost;
- 1 to 2 years old, 80% of original cost;
- 2 to 4 years old, 60% of original cost.
- more than 4 years old, 40% of original cost
However, if an Employee is assessed such costs for the loss of a tool, he/she
may substitute a new tool of the exact same type and model in lieu of payment of
the assessment. The tool clearance form provided by the Company shall be amended
to comply with this Article and Section of this Agreement.
Section 2. If and when any supervisor wishes any tool belonging to the Company
left on the job after such Employee departs at the end of the shift or is
ordered to leave, then such supervisor or one of the Employees under the direct
supervision of said supervisor, such supervisor shall sign a form provided by
the Company identifying such tool(s) and such supervisor shall assume full
responsibility to the Employee and/or Company for such tool.
Section 3. The Company and Union agree that Employees should have one (1)
designated storage area for personal tools for each shop that affords Employees
reasonable safety from theft. Employees that have their personal tools stolen
from these designated storage areas shall upon investigation and verification by
the Company have the reasonable costs (i.e. based on the depreciated value of an
average priced tool) of these personal tools reimbursed by the Company.
Notwithstanding the above, an Employee shall not be eligible for reimbursement
of personal tools stolen from a designated storage area unless he/she has on
file with the Company a current tool inventory list approved by the appropriate
Craft Supervisor.
The Company and Union shall work together to formulate and implement reasonable
means, policy and procedure in order to deal with this matter.
ARTICLE XXI
JURY AND BEREAVEMENT PAY
Section 1. An Employee who is called for jury duty on a regularly scheduled
work day, and has at least one year's length of service with the company shall
be paid for each day served on a jury, not to exceed ten (10) days in any
calendar year, the difference between eight (8) times the base hourly rate and
the pay he received for jury duty, or the number of hours that the Employee is
scheduled to work (i.e., 4/10 hour shift). Such jury duty must be substantiated
by a written statement from the court.
Section 2. Employees, except those who have a financial stake in the outcome of
a particular matter, who are subpoenaed or summoned as a witness in a court of
law or who are subpoenaed or summoned to appear before a government agency in a
matter as to which the Company has no adverse interest shall be paid for each
day they serve as a witness, not to exceed ten (10) days in any calendar year,
the difference between eight (8) times the base hourly rate and the pay he
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received for being a witness. The Employee must present proof of being
subpoenaed or summoned and the amount of pay received therefore.
Section 3. An Employee who has completed his or her probationary period will,
in the event of the death of his parent, mother-in-law, father-in-law, sister or
brother, be paid for up to three days of time required to be lost from work
during the Employee's regularly scheduled work week. The time off and pay which
is provided is for the purpose of permitting the Employee to participate in
arrangements for and attendance at the funeral. The days for which payment is
made shall include the day of the funeral but shall not in any of the foregoing
instances extend beyond the day following the funeral.
In the event of the death of the spouse or child of an employee who has
completed their probationary period, the period of time for which payment shall
be made for time required to be lost from work will be extended to 5 days: not
more than 3 of which shall extend beyond the day of the funeral. Pay for any
such days required to be lost from work shall be calculated on the basis of
eight (8) times the Employee's basic hourly rate of pay, or the number of hours
that the Employee is scheduled to work. The Company shall permit an employee to
take such leave in the event of the death of a grandparent, aunt or uncle, if
such relative acted in the role of parent to the Employee, and such fact is
verifiable.
To be eligible to receive bereavement pay, an Employee must notify the Company
promptly of the necessary absence from work and of the date the Employee intends
to return to work. The Company may, as a condition for payment, require proof of
the relationship between the Employee and the deceased.
ARTICLE XXII
TRAINEE PROGRAM
There shall be a Joint Labor/Management Trainee Program Committee. The Committee
shall be comprised of four (4) Company representatives and four (4) Union
representatives. The Committee shall be responsible for developing and
implementing the various training parameters, rates of pay, etc. Implementation
of this Program shall be by mutual consent.
ARTICLE XXIII
MILITARY SERVICE
Section 1. An Employee who is a member of an organized unit of the Federally
recognized Armed Services, including Reserves or the Public Health Service
Reserve shall upon presentation of orders to attend a regular or annual course
of training or similar military service in such organization as prescribed by
the U.S. Secretary of Defense, be granted a leave of absence for such regular or
annual training period or similar military service. Upon presentation by the
Employee of a certificate signed by his superior officer in such military
service, showing the duration of such military service and the amount paid to
the Employee by the Government, the Employee shall, in any one calendar year, be
paid the difference between:
(1) The amount the Employee would have been paid by the
Company at the Employee's regular hourly base rate of pay
for the work (not to exceed
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eight (8) hours per day or forty (40) hours per week) that
the Employee would otherwise have performed during the
first consecutive fourteen (14) calendar days of such
military service and;
(2) The amount, exclusive of any travel allowance, paid by the
government for such fourteen (14) days not to exceed
eighty (80) hours pay. In the event an Employee is granted
a leave of absence beyond such fourteen (14) days, the
Employee's vacation allowance, if any, may be applied for
such additional period of absence and the Employee may be
paid the amount of the Employee's vacation allowance as
though the Employee had taken the Employee's vacation
during such extended period of absence.
Section 2. An Employee ordered to report for a pre-induction physical
examination prior to entry into the Armed Forces will be paid for up to eight
(8) hours for time lost from work while taking such examination, providing proof
of same is shown. In no instance will payment be made under this provision more
than once in any calendar year.
ARTICLE XXIV
TEMPORARY EMPLOYEES
Section 1. A temporary employee is one who is designated by the company's
records as part-time (or temporary). Temporary Employees (i.e. mechanics only)
are not to work overtime except in emergencies or when a regular employee of the
same classification is not available. Temporary and part-time employees (i.e.
mechanics only) are not to work sixth and seventh days or holidays when
full-time employees are available. Temporary and part-time employees are not to
work when full-time employees of the same classification are on lay off.
Section 2. In the event that a temporary Employee desires to become a regular
Employee and where the Company accepts the temporary Employee as a regular
Employee, such Employee will then become entitled to all of the provisions and
benefits of this Agreement, effective as of the date the Employee was accepted
as such by the Company as indicated by the Company records.
Section 3. Temporary Employees will receive overtime payment only for work
performed in accordance with the overtime provisions of this Agreement.
Section 4. In the event that a Temporary Employee works more than forty (40)
hours per week in each of more than twelve (12) weeks in a six-month period,
such Employee shall be permitted to become a regular employee under the terms of
this collective bargaining agreement, if such employee chooses to do so. If an
employee declines to become a regular employee, his/her opportunities for
further overtime shall be governed by Section 1 of this Article.
ARTICLE XXV
NON-BARGAINING EMPLOYEES WORKING WITH TOOLS
Non-bargaining Employees shall not work with tools except in the following
instances:
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(a) instances of incidental work, which do not exceed one (1) hour;
(b) when necessary to train and instruct Employees working under
their supervision;
(c) when performing experimental work;
(d) when setting up work, or making the first assembly on a new job;
(e) in cases of emergency.
If a non-bargaining unit Employee performs work in violation of this article and
the Employee who otherwise would have performed this work can be reasonably
identified, the Company shall pay such Employee the applicable standard hourly
wage rate for the time involved.
ARTICLE XXVI
WAGES AND RATES OF PAY
The wage rates for each classification of employees covered by this Agreement
are those in existence as of the effective date of this Agreement and are set
forth in Appendix I.
Section 1. Effective February 9, 2001, a wage increase shall be provided to all
employees covered by this Agreement in the classifications set forth herein.
Section 2. Payroll checks will be issued weekly on Thursdays unless the Company
determines to change payday to Fridays. If such change in payday is made, the
Company shall notify the Union five (5) working days in advance of such change.
If payday is changed to Fridays, any employees working on 4/10 hour shifts or
night shifts shall receive their paychecks on Thursdays. The stubs of paychecks
due to Employees will show separately the number of straight time and overtime
hours worked and paid and vacation hours available.
Section 3. If at any time during the life of this Agreement a new bargaining
unit job is created which is not specifically covered by this Agreement and for
which no wage rate has been specifically provided by this Agreement, the Company
shall establish the rate to be paid for the new job. Such new position shall be
posted and a copy provided to the Union seven (7) days prior to the position
being filled. Such new job may be filled by the Company as it deems necessary.
If the Union disagrees with the rate of pay established for the job, it may
process its grievance with respect to the rate of pay assigned by the company to
such position directly to arbitration. Employees within the shipyard possessing
the skill, technical training, and ability will be given consideration for such
job.
Section 4. All job openings, as far as practicable, shall be posted as soon as
possible in order to allow interested parties to apply.
Section 5. The Company has established for its bargaining unit Employees
incentive bonus programs entitled the Project Bonus Program and the Hourly Bonus
Program. The Company reserves the right to change, modify, or discontinue these
bonus programs at its sole discretion.
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Section 6. It is recognized that from time to time market conditions may be
such that the Company may experience problems retaining and/or attracting
qualified Employees in the various skilled classifications. When this happens,
at the request of the Company, the Company and Union shall meet and negotiate
for the purpose of determining the appropriate wage rate to be applied to the
affected skilled classification(s). Any agreement shall require the mutual
consent of both parties, if an agreement is not reached, the current contractual
classification(s) and wage rates will prevail.
ARTICLE XXVII
SUBSTANCE ABUSE TESTING
Section 1. Application of Policy
This Policy provides for the Drug and Alcohol testing of all bargaining unit
employees. Drug and Alcohol testing will be conducted in the following areas:
(1) Pre-employment
(2) Occupational injuries
(3) Industrial accidents
(4) Under EAP Program
(5) When required by law or special contracts
(6) On a random basis
(7) Reasonable suspicion
Section 2. Testing
Pre-employment - The pre-employment drug screen will be 7-panel; for
amphetamines, cocaine, opiates, phencyclidine, barbiturates, methamphetamine and
THC. Alcohol screening will also be conducted by utilizing a breath alcohol test
(BAT). Any positive result disqualifies an applicant for Employment
consideration for a minimum of one (1) year.
Occupational injuries - Any Employee who sustains an occupational injury (first
report) and who requires the Company to make a referral to an outside doctor
(other than foreign particle in eye, flash xxxxx or diagnostic x-rays) will be
subject to screening for amphetamines, cocaine, opiates, phencyclidine,
barbiturates, methamphetamine, THC and alcohol. The Company will not screen
Employees more than 90 days after each occupational injury occurs, unless on a
random, reasonable suspicion, or probable cause basis.
Industrial accidents - Any Employee involved in an industrial accident in which
any Employee is injured of property damage is $1000 or more, will immediately be
tested for the 7-panel of drugs and alcohol. Except if the employee does not in
any way contribute to the cause of the accident.
34
Employee Assistance Program - Any Employee in the Company's Employee Assistance
Program who is scheduled for a post-check will be screened for the 7-panel of
drugs and alcohol, if warranted by the EAP contract.
Department of Transportation (DOT) - The DOT requires random and periodic drug
(5-panel) and alcohol screens.
Special contracts - Drug and alcohol testing will be conducted as required by
special contracts; such as customer requirements (SEARIVER). These requirements
will be accomplished in addition to any other drug and alcohol testing covered
by this policy.
Random - Annually, a maximum of 20% of all bargaining unit Employees will be
randomly selected for drug and alcohol testing, not including random testing
required by customers on special projects. Selection will be performed by an
independent certified facility.
Reasonable suspicion - Reasonable suspicion exists when direct observation of
specific physical, behavioral or performance indicators suggest the probability,
or reasonable belief, of use, possession or impairment.
Section 3. Testing Procedure:
(1) Urine Drug Screens (UDS) -Drug testing will be conducted
employing the industry standard set forth in 49 CFR Part
40 of the Code of Federal Regulations (Controlled
Substance Abuse Procedures).
(2) Breath Alcohol Test (BAT) -Alcohol testing will be
conducted employing an Evidential Breath Testing (EBT)
device approved by the Department of Transportation and
operated by a Breath-Alcohol Technician.
Actions taken will be based upon the confirmation reading. Confirmation tests
will be taken on all positive tests.
Section 4. Cut-off levels.
The cut-off levels for the seven panel drug tests are as follows:
Marijuana 50 ng/ml 15 ng/ml
Cocaine 300 ng/ml 150 ng/ml
Opiates 2000 ng/ml 2000 ng/ml
Amphetamines 1000 ng/ml 1500 ng/ml
Phencyclidine(PCP) 25 ng/ml 25 ng/ml
Barbiturates 200 ng/ml 200 ng/ml
Methamphetamine 1000 ng/ml 500 ng/ml
Section 5. The Company and the Union agree that testing for drugs and alcohol
may be performed by the Company in accordance with this Article.
35
Section 6. Any Employee who tests positive on the first occasion will be
suspended for a minimum period of ten (10) working days. Any suspension over ten
(10) working days shall be based upon an EAP recommendation. Upon returning to
work, Employees who test positive for drugs or alcohol while under an EAP
contract for substance abuse shall be discharged.
Section 7. Employees who test positive for alcohol shall be disciplined in
accordance with the following schedule:
-- Test result > .02 < .05: Disciplinary action in accordance with
the schedule set forth at Article XXVIII. Employee may return to work the next
scheduled workday with a negative test. Upon the third such incident within a
six-month (6) period, Employee will be suspended for one full workday, and will
be referred to the Employee Assistance Program for substance abuse and must
comply with all terms of the EAP.
-- Test result > .05: Immediate suspension for a minimum of ten (10)
working days, written warning notice and corporate referral to the EAP. Employee
may return to work with a recommendation by the EAP, a negative BAT and a
negative UDS.
Section 8. Time missed due to suspension as a result of a positive drug or
alcohol test in excess of the minimum set forth in Section 6 shall not be
considered as disciplinary time off. Such time in excess of minimum shall be
treated as justified time off, and not as sick leave, unless the Employee is
enrolled in a Residential Substance Abuse Program upon a referral of a
physician. If enrolled in such a program in such period of time, Employee may be
eligible for that period of time for A & S benefits.
ARTICLE XXVIII
DISCIPLINE
Section 1. It is agreed that the Company's Rules appearing in this Article are
a part of this Agreement and are binding upon the parties and employees.
Section 2. The parties anticipate that employees will be disciplined and/or
discharged in accordance with this Article and that discipline, including
discharge may arise for conduct or infractions which are not specifically noted.
Section 3. A copy of any written discipline given to employees shall be
provided to the Employee and the Union. The Union's copy shall be received
within three (3) working days. A Shop Xxxxxxx shall be permitted to be present
in any disciplinary interview conducted by the Company if the Employee requests
the Xxxxxxx to be present. Such right shall not include a discharge meeting. The
appropriate Shop Xxxxxxx shall be notified of any disciplinary meeting at which
an Employee is to be discharged, and shall be permitted to meet with the Craft
Supervisor and/or Craft Manager or his designated representative prior to such
discharge meeting, at which time the basis of the discharge and a copy of the
Notice of Discharge shall be provided to the Shop Xxxxxxx. The Shop Xxxxxxx
shall be permitted to meet with the Employee following the discharge meeting
prior to the Employee leaving the premises if the Employee requests to meet with
a Xxxxxxx. This Section shall not require the Craft Manager to meet with the
Union Xxxxxxx and aggrieved at the time of the discharge to discuss settlement
of the matter.
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Section 4. Except for offenses which justify immediate suspension or discharge,
Employees shall be disciplined in a progressive manner, as follows:
Step 1 - Written Warning
Step 2 - Written Warning
Step 3 - 3-Day Suspension
Step 4 - 5-Day Suspension
Step 5 - Discharge
It is not the intention of the parties that an Employee shall be subject to
progressive discipline for violation of each individual rule. Discipline shall
accumulate for violation of any rule, except that discipline based upon
tardiness, absenteeism, and positive tests for drugs or alcohol shall be
undertaken in coordination and in accordance with other provisions of this
Agreement.
Section 5. The following offenses shall be cause for discipline and/or
discharge as noted below:
TERMINATION ON THE FIRST OFFENSE:
(1) Stealing, pilfering or attempting to remove from the
premises or a location at which work is being performed by
the Company, the property of the Company, Government,
customer, crewmembers, or fellow Employees, or the
concealment of any property of another, without authority,
while upon the Company premises or a location at which
work is being performed by the Company.
(2) Any Employee after being admitted to the Company property
or while engaged in work for the Company, who is found in
possession of intoxicating liquors or narcotics, drinking,
or who is found distributing or conspiring to distribute
any form of illegal drug or alcohol or distributing or
conspiring to distribute any form of legal drug or alcohol
illegally.
(3) Intentional destruction or damage to Company, Government,
customer, crewmember, or fellow Employee-owned material.
(4) Fighting, attempting or inflicting bodily injury to
another, except in self-defense.
(5) Falsification of any Company documents within the prior
one (1) year.
(6) Possession of firearms or concealed weapons on Company
property or where work is being performed by the Company.
(7) Violation of Company EEO discrimination policy, including
but not limited to, sexual harassment.
37
(8) Refusal to take a drug/alcohol test immediately upon
request from a supervisor, medical department personnel or
plant protection force officers.
(9) Testing positive for drugs/alcohol while under an EAP
contract for substance abuse.
(10) Failure to report for work for five consecutive days.
(11) Gross Insubordination - a direct and willful act of
disobedience of a proper order of a recognized Company
supervisor or official without any reasonable mitigating
circumstances.
(12) Intentional sleeping while on duty.
STEP 4-LEVEL DISCIPLINE ON THE FIRST OFFENSE:
(1) Gross insubordination.
(2) Disregard or violation of a major safety-rule or
precipitation of accidents through their own carelessness.
(3) Failure to cooperate with members of the Plant Protection
Force or any Company Supervisor while on Company premises
or elsewhere where work is being performed by the Company,
as follows:
(a) By not following instructions relating to
the checking of any items, parcels, bundles, lunch boxes,
or tool boxes, or
(b) By walking, running, driving, or in any
way, moving away after having been instructed to comply
with lawful instructions in regard to the incident
involved.
(4) Testing positive for alcohol/drugs, the period of such
suspension shall be as set forth in Article XXVII.
(5) Smoking in any area of the Company or where work is being
performed by the Company where smoking is not permitted
and which creates a safety hazard.
(6) Negligent destruction or damage to Company, Government,
customer, crewmember or fellow employee-owned material.
(7) Willful and intentional release of Company confidential or
proprietary information.
38
Notwithstanding the provisions of Section 5 of this Article (i.e. specific
disciplinary measures for specific offenses), the Company retains the right to
enforce more severe disciplinary measures for violation of Step 4 offenses when
an Employee is involved in an "egregious incident".
STEP 3-LEVEL DISCIPLINE ON THE FIRST OFFENSE:
(1) Employees who are deemed to be accident or injury prone or
who have an excessive number of accidents and/or injuries
in a given period of time.
(2) Failure to cooperate with members of the Plant Protection
Force or any other Company Supervisor while on Company
premises or elsewhere where work is being performed by the
Company by not showing company-issued identification when
directed to do so.
(3) Smoking in any area of the Company or where work is being
performed by the Company where smoking is not permitted.
THE FOLLOWING OFFENSES SHALL BE CAUSE FOR DISCIPLINE IN ACCORDANCE WITH SECTION
4 OF THIS ARTICLE:
(1) Conducting a gaming activity for profit in any form on
Company property or while engaged in work for the Company.
(2) Insubordination, including failure to observe
instructions, or failure to perform assigned tasks.
(3) Sleeping while on duty.
(4) Disregard or violation of established safety rules or
precipitation of accidents.
(5) Failure to notify the Supervisor prior to the start of the
designated shift, if going to be late or absent.
(6) Inciting or indulging in horseplay.
(7) Leaving the job before proper time (before established
quitting time), in the absence of express permission by
the Employee's supervisor(s).
(8) Being in an area of the premises or elsewhere where work
is being performed by the Company, other than areas
connected with the Employee's work or assignment or other
neglect of duty without good cause.
(9) Inefficiency (e.g. Inefficient use of time and/or
material.)
(10) Excessive tardiness or repeated failure to be at work at
starting time.
39
(11) Excessive absenteeism.
(12) Defacing Company property.
(13) Without regard to the other provisions of this Article,
any Employee who receives a second (2nd) garnishment in a
twelve-month (12) period which requires a payroll
deduction will be referred by the Company to Consumer
Credit Counseling, and such garnishments shall remain
active for a period of twelve months from the date of the
most recent garnishment. If the Employee receives a third
(3rd) garnishment while others are active, the Employee
will be referred to the EAP by the Company. The Employee
may be subject to discharge if a garnishment is received
during the EAP.
Violation of the above rules shall be considered just cause for disciplinary
action. However, the above-listed rules are not intended to be all-inclusive.
The Company retains the right to discharge any Employee for just cause and such
right of discharge shall be deemed to include the right to suspend or otherwise
discipline any employee in lieu of discharge. Conduct that is inconsistent with
proper Employee behavior shall be considered just cause for discipline.
Discipline for any of the above rule violations shall remain active for twelve
(12) months of active employment (or six months as provided in Section 6 of this
Article) and may be relied upon in taking further disciplinary action. If no
further disciplinary action is taken within twelve (12) months, such discipline
shall not be considered active for further discipline. Absences due to illness
or injury and totaling not more than two (2) weeks shall be considered as time
worked for the purpose of computing a year of active employment.
Section 6. In the case of tardiness and absenteeism, discipline for either or
both shall be taken separately from any other rules violations. However,
infractions for these two rules may be taken in concert and progressively for
violations in either or both areas.
Two (2) incidents of unexcused absences, or three (3) incidents or unexcused
tardiness, or two (2) incidents unexcused tardiness and one (1) incident
absence, within a four month period shall result in progressive discipline being
taken in accordance with Step 1 of Section 4. Thereafter, any incident of
unexcused tardiness or absence within the four (4) month period from the last
unexcused tardiness or absence shall result in progressive discipline being
taken in accordance with Step 2, Step 3, Step 4, Step 5 of Section 4. Discipline
for tardiness/absenteeism shall remain active for six (6) months and may be
relied upon in taking further disciplinary action. If no further disciplinary
action is taken within six (6) months, such discipline will be removed at the
end of six months.
Section 7. The date that an Employee violated a Company rule shall be
considered the date of the discipline enforced against the Employee.
Notwithstanding the above, if the Company was not aware of the violation at the
time of the occurrence, the date that the Company could have reasonably been
expected to be aware of the violation shall be considered the date of the
discipline enforced against the Employee.
40
The Company shall not enforce progressive discipline for the same offence by
enforcing multiple disciplinary steps on an Employee on the same day, when there
was sufficient time for the Company to have given the Employee separate
progressive discipline.
Section 8. Company Rules and Regulations
In order to promote and maintain discipline, morale, and efficiency, and a
reasonable amount of uniformity, all organizations must have rules to govern the
conduct of their employees. These rules apply to all alike. Each Supervisor is
expected to set the example for his workers, in addition to seeing that the
rules are observed by all. The Company agrees to provide each Employee with a
copy of the Company's rules and in addition to post copies on all bulletin
boards. It is further agreed that the copies of these Company rules shall note
that violation of same is considered just cause for discharge under this
Agreement.
REASON FOR DISCIPLINE OR DISCHARGE
(1) Stealing, pilfering or attempting to remove from the
premises or a location at which work is being performed by
the Company, the property of the Company, Government,
customer, crewmembers or fellow employees, or the
concealment of any property of another, without authority,
while upon the Company premises or a location at which
work is being performed by the Company.
(2) Any employee after being admitted to the Company property
or while engaged in work for the Company, who is found in
possession of intoxicating liquors or narcotics, drinking
or under the influence of liquor or narcotics, or who is
found distributing or conspiring to distribute any form of
illegal drug or alcohol or distributing or conspiring to
distribute any form of legal drug or alcohol illegally.
(3) Intentional destruction or damage to Company, Government,
customer, crewmember, or fellow Employee-owned material.
(4) Fighting, attempting or inflicting bodily injury to
another, except in self-defense.
(5) Falsification of any Company documents within the prior
one (1) year.
(6) Possession of firearms or concealed weapons on Company
property or where work is being performed by the Company.
(7) Violation of Company EEO discrimination policy, including
but not limited to, sexual harassment.
(8) Refusal to take a drug/alcohol test immediately upon
request from a supervisor, medical department personnel or
plant protection force officers.
41
(9) Testing positive for drugs or alcohol while under an EAP
contract for substance abuse.
(10) Failure to report for work for five (5) consecutive days.
(11) Gross insubordination.
(12) Disregard or violation of a major safety rule or
precipitation of accidents through their own carelessness,
or who are deemed to be accident or injury prone or who
have an excessive number of accidents and/or injuries in a
given period of time.
(13) Intentional sleeping on duty.
(14) Failure to cooperate with members of the Plant Protection
Force or any Company supervisor while on Company premises
or elsewhere where work is being performed by the Company,
as follows:
a. By not showing Company-issued
identification when directed, or
b. By not following instructions
relating to the checking of any
items, parcels, bundles, lunch
boxes, or tool boxes, or
c. By walking, running, driving, or in
any way, moving away after having
been instructed to comply with
lawful instructions in regard to the
incident involved.
(15) Testing positive for alcohol or drugs, the period of
suspension or discharge shall be as set forth in Article
XXVII.
(16) Smoking in any area of the Company or where work is being
performed by the Company where smoking is not permitted
and that creates a safety hazard.
(17) Negligent destruction or damage to Company, Government,
customer, crewmember of fellow employee-owned material.
(18) Willful or intentional release of Company confidential or
proprietary information.
(19) Conducting a gaming activity for profit in any form on
Company property or while engaged in work for the Company.
(20) Insubordination, including failure to observe
instructions, or failure to perform assigned tasks.
(21) Sleeping while on duty.
42
(22) Disregard or violation of established safety rules or
precipitation of accidents.
(23) Failure to call a supervisor prior to start of the
designated shift if the employee is going to be tardy or
absent.
(24) Smoking in any area of the Company or where work is being
performed by the Company where smoking is not permitted.
(25) Inciting or indulging in horseplay.
(26) Leaving the job before proper time (before established
quitting time), in the absence of express permission by
the Employee's supervisor(s).
(27) Being in an area of the premises or elsewhere where work
is being performed by the Company, other than areas
connected with the Employee's work or assignment or other
neglect of duty without good cause.
(28) Inefficiency (e.g. Inefficient use of time and/or
material.)
(29) Excessive tardiness or repeated failure to be at work at
starting time.
(30) Excessive absenteeism.
(31) Defacing Company property.
Violation of any of the above listed rules shall be considered just cause for
discipline or discharge. The foregoing rules are not intended to be
all-inclusive.
ARTICLE XXIX
EVALUATIONS
Section 1. During the evaluation review, the Employee and Supervisor shall
review his/her evaluation with an eye toward improvement. The Supervisor shall
inform the Employee of areas of which improvement can be made in order to become
eligible for the next level of advancement. These areas shall be noted on the
Employees evaluation sheet. Employees shall be given a copy of their evaluation.
ARTICLE XXX
LEAD MECHANIC
Section 1. The signatory parties hereby agree to implement a new bargaining
unit position entitled Lead Mechanic. The parameters of this new position are as
follows:
The duties of a Lead Mechanic shall include, but not be limited to
the following: conveying instructions from Craft Supervisors (i.e.
non-bargaining supervisors),
43
assigning work and directing a crew of employees, planning,
initiating verbal warnings, identifying problems to the Company and
bearing witness as to the problems identified, supporting and
enforcing the Company rules and regulations including those aimed at
eliminating production inefficiencies, training, working with tools.
The Lead Mechanic shall not have the authority to hire, fire or discipline
(except for verbal warnings), nor recommend discipline.
Section 2. The Company in selecting Lead Mechanics shall consider both
Employees in the bargaining unit, as well as Employees holding non-bargaining
unit supervisory positions. A job posting procedure for Lead Mechanic openings
shall be implemented. The Company shall maintain a list of those Employees
interested. The Company shall consider an Employee who has expressed an interest
in the Lead Mechanic position, provided the Employee has journey level skills in
the specific trade and has the skill and ability to lead other employees.
Section 3. Employees holding non-bargaining unit positions as of the date of
implementation of the Lead Mechanic position shall only be eligible for the Lead
Mechanic position for a ninety (90) calendar day window. Thereafter, a
non-bargaining unit employee transferred into a bargaining unit position (i.e.
Specialist, 1st Class Mechanic) shall be eligible for promotion to a Lead
Mechanic position provided the promotion does not replace an existing Lead
Mechanic or the employee works in the bargaining unit position for a period of
thirty (30) calendar days.
Section 4. The Company shall have the sole discretion in determining the need
for and number of Lead Mechanics, selecting Lead Mechanics and downgrading Lead
Mechanics.
Section 5. The Lead Mechanic position is not a separate seniority unity within
the meaning of Article XI Seniority, Sections 1 and 2 of this contract. Each
Lead Mechanic's seniority shall be with the seniority unit from which they were
promoted. Lead Mechanics shall continue to accrue and retain length of service
in the seniority unit from which they were promoted.
Section 6. The Company shall be entitled to retain Lead Mechanics without
regard to seniority provided the Lead Mechanic has a crew and is performing Lead
Mechanic functions. Lead Mechanics not working with a crew and not performing
Lead Mechanic functions shall be subject to the normal layoffs within their
seniority unit. There may be instances when a lead Mechanic does not have a crew
such as pre-availability planning, etc. and post-availability paperwork, etc.
Section 7. The Company shall not upgrade an Employee to Lead Mechanic
immediately prior to a layoff for the purpose of circumventing the seniority
provisions.
Section 8. At the Unions request, Lead Mechanics shall provide a written
statement regarding issues involving discipline or grievances that they have
direct knowledge about.
Section 9. When a Lead Mechanic is replacing another Lead Mechanic on an
ongoing job, the Company shall be allowed two (2) days turnover time in order to
facilitate this transition. This shall not be considered to be a violation of
any of the provisions of the contract.
44
Section 10. For the purposes of these provisions, a "crew" shall be defined as
a minimum of four (4) employees. However, there may be occasional unique
circumstances where a "crew" may be smaller than four (4) employees, to include
the Lead Mechanic. It is not the intent of the Company to split larger crews
into smaller crews for the primary purpose of Lead Mechanics circumventing the
seniority provisions of this contract.
Section 11. Employees promoted to Lead Mechanic positions, shall have a minimum
one (1) year seniority and be either a Specialist or 1st Class Mechanic.
Section 12. Upon implementation of the Lead Mechanic position, the Company and
Union agree to meet immediately to resolve disputes on any issues involving
implementation or interpretation of these provisions.
ARTICLE XXXI
SUBCONTRACTING COMMITTEE
Section 1. The Company understands Employee concerns about the subcontracting
of work. To that end, a Subcontract Committee shall be established to be
composed of four (4) representatives from the Company and four (4)
representatives from the Union. The Employees on such Committee shall be
recognized by the Company upon written notification by the Union. The Employees
appointed by the Union shall be selected from those who have worked for the
Company a minimum of two (2) years.
(a) A company representative shall serve as chairperson of the
Committee.
(b) The Committee shall meet every month at a designated time and
place.
(c) Where a majority of the Committee vote approval of any
suggestions to the Company, this shall be considered as a
recommendation of the Committee to the Company. Where the Committee
is evenly divided as to any proposals to the Company, this shall be
considered a report and should also be submitted to the Company but
in no event shall the Company be advised as to those voting for or
against such proposal.
(d) The Committee shall submit in writing any recommendation or
report to the Company.
(e) The Company, within a reasonable time, shall in writing, give an
answer to the recommendation or report of the Committee stating the
decision of the Company on such proposal, and any action taken, if
any.
(f) The Company reserves the right to accept or reject any
recommendations or reports.
(g) The committee shall be advisory only and shall not in any way
whatsoever limit the Company's right to subcontract as specified in
Article XVII Management Functions.
(h) The Committee shall have no right to change, modify or negotiate
on any terms or conditions of the collective bargaining agreement.
45
Section 2. "All discretionary subcontractors" shall comply with the following
Norshipco guidelines:
(a) Safety guidelines
(b) Environmental Best Management Practices
(c) Drug/Alcohol policy that complies with governmental guidelines
(d) In the event of an accident, post accident drug/alcohol test
result shall be submitted to the Company's Safety Department.
(e) Prime contract quality requirements.
This shall not in any way whatsoever limit the Company's right to subcontract
pursuant to the provisions of Article XVII Management Functions.
ARTICLE XXXII
APPRENTICESHIP PROGRAM
Section 1. The Apprenticeship Program standards shall not be less than those
established by the Federal Committee on Apprenticeship, Division of Labor
Standards, U.S. Department of Labor, and the Virginia Apprenticeship Act of
April 1, 1938, as amended by Acts of Assembly 1942.
Section 2. There shall be a Joint Labor/Management Apprenticeship Program
Committee. The Committee shall be comprised of four (4) Company representatives
and four (4) Union representatives. The Committee shall be responsible for
developing and implementing the various training parameters, rates of pay, etc.
Implementation of this Program shall be by mutual consent.
ARTICLE XXXIII
BULLETIN BOARDS
Bulletin boards will be made available to the Union, by the Company, for the
posting of official Union notices. Union Bulletin Boards may be used for Union
sponsored activities that do not conflict with Company Programs. No Political
materials may be posted. Copies of all notices shall be submitted to the Company
prior to being posted and they shall not be posted if they shall contain any
matter of a controversial nature or reflecting in any way upon the Company, its
operations or management.
ARTICLE XXXIV
SUCCESSORSHIP
If during the term of this collective bargaining agreement, the Company decides
to offer for sale the assets of the Berkley yard, the Company will request that
any potential buyer recognize the Union, assume the collective bargaining
agreement, and offer employment to bargaining unit Employees. It is understood,
however, that acceptance of this request by the buyer is not a
46
condition of the Company's right to sell the assets of the Berkley yard. The
Company will promptly notify the Union if an agreement for the sale of the
assets is reached with any purchaser and to disclose to the Union any provisions
of the acquisition agreement that may address employment opportunities for the
bargaining unit Employees or the Union's status as bargaining representatives.
ARTICLE XXXV
EFFECTIVE DATES AND TERMS OF AGREEMENT
Section 1. The provisions of this Agreement shall become effective as of
February 9, 2001 and shall be binding upon the parties hereto until midnight
February 8, 2004 and thereafter from year to year unless either party hereto
shall notify the other in writing at least sixty (60) days prior to the
expiration of this Agreement of any intention to terminate this Agreement.
Section 2. This Agreement expresses the full, complete and final agreement of
the parties for the duration hereof. It cancels and supersedes any and all
agreements and understandings which may have been in effect previously and this
Agreement may be amended only by agreement of the parties in writing. The
parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law from the area
of collective bargaining, and that the understandings and agreements arrived at
by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the Company and the Union, for the life of this
Agreement, voluntarily and unqualifiedly waive the right, and each agrees that
the other shall not be obligated to bargain collectively with respect to any
subject or matter referred to or covered in this Agreement, except as expressly
provided in this Agreement, or with respect to any subject matter not
specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge or contemplation of either or
both parties at the time they negotiated or signed this Agreement. The execution
of this Agreement shall not result in any abridgment of the rights held by
Management.
47
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
on this 15th day of February 2001, in their respective names by their respective
representatives thereunto duly authorized.
NORFOLK SHIPBUILDING & DRYDOCK CORPORATION
By /s/ Al J. Krekich
-------------------------------------------------------------------------
Al J. Krekich, President, Norshipco & Chief Operating Officer, USMR
By /s/ Xxx Xxxxx
-------------------------------------------------------------------------
Xxx Xxxxx, Senior Vice President Operations, Norshipco
By /s/ Xxxxxxx X. Xxxxx
-------------------------------------------------------------------------
Xxxxxxx X. Xxxxx, Vice President Human Resources, USMR
By /s/ Xxx Xxxxxxxx
-------------------------------------------------------------------------
Xxx Xxxxxxxx, Director of Fabrications, Norshipco
By /s/ Xxxxxx Xxxxx
-------------------------------------------------------------------------
Xxxxxx Xxxxx, Manager of Industrial Relations, Benefits and Security,
Norshipco
By /s/ Xxxxx Xxxx
-------------------------------------------------------------------------
Xxxxx Xxxx, Human Resources Manager, San Francisco Drydock
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS,
BLACKSMITHS, FORGERS, AND HELPERS AND LOCAL 684, AFL-CIO
By /s/ Xxxxxx Xxxxxx
-------------------------------------------------------------------------
Xxxxxx Xxxxxx, President, Local 684
By /s/ Xxxxxxx X. Xxxxxxxxx
-------------------------------------------------------------------------
Xxxxxxx X. Xxxxxxxxx, Vice President, Local 684
By /s/ Xxxxxx X. Xxxx
-------------------------------------------------------------------------
Xxxxxx X. Xxxx, Member Negotiating Committee, Local 684
By /s/ Xxxxxx X. Xxxxxxxxx
-------------------------------------------------------------------------
Xxxxxx X. Xxxxxxxxx, Member Negotiating Committee, Local 684
By /s/ Xxxxx X. Xxxxxxxx
-------------------------------------------------------------------------
Xxxxx X. Xxxxxxxx, Member Negotiating Committee, Local 684
By /s/ Xxxx X. Xxxxxx
-------------------------------------------------------------------------
Xxxx X. Xxxxxx, Member Negotiating Committee, Local 684
48
APPENDIX 1(a)
WAGES
Effective February 9, 2001
Classification Spec. 1st 2nd 3rd
-------------- ----- --- --- ---
Armature Winder 15.66 15.00 14.35
Blacksmith 15.34 15.00 14.35 13.83
Boilermaker 15.34 15.00 14.35 13.83
Burner 15.34 15.00 14.35 13.83
Xxxxxxxxx 15.34 15.00 14.35 13.83
Crane Operator 15.34 15.00 14.35 13.83
Dispatcher 11.76 11.50
Dock person 15.34 15.00 14.35 13.83
Electrician 15.34 15.00 14.35 13.83
Electronics Technician 15.34 15.00 14.35 13.83
Handyperson Hired Prior to 11/1/88 11.50 11.24 10.86
Handyperson Hired On or After 11/1/88 11.50 10.65 9.71
Heavy Equipment Operator 11.76 11.50
Helper Hired Prior to 11/1/88 10.46 10.28
Helper Hired On or After 11/1/88 9.32 9.12
Insulator 15.34 15.00 14.35 13.83
Xxxxxx 15.34 15.00 14.35 13.83
Laborer Hired Prior to 11/1/88 10.06 9.69
Laborer Hired On or After 11/1/88 8.73 8.15
Lead Mechanic 15.84
Lofts person 16.02 15.73 15.00 14.35
Machinist 15.34 15.00 14.35 13.83
Material Controller 12.20 11.92 11.67
Outside Machinist 15.34 15.00 14.35 13.83
Painter 15.00 14.35 13.83
Pipe fitter 15.34 15.00 14.35 13.83
Power Plant Operator 12.06 11.49
Rigger 15.34 15.00 14.35 13.83
Sandblaster 15.00 14.35 13.83
Sandblaster Trainee 12.06 11.49
Senior Material Controller 13.24
Sheet Metal Worker 15.34 15.00 14.35 13.83
Shipfitter 15.34 15.00 14.35 13.83
Sign Painter 15.31
Storeroom Clerk 11.50 11.24 11.05 10.70
Tack Welder 11.33
49
Tank Cleaner 11.33 10.86 10.39
Tankerperson 12.19
Truck Driver 10.88 10.28 10.06
Tug & Launch Captain 15.34 15.00 14.35 13.83
Ventilation Mechanic 15.00 14.35 13.83
Waste Water Treatment Operator 15.34 15.00 14.35 13.83
Welder 15.34 15.00 14.35 13.83
50
APPENDIX 1(b)
WAGES
Effective February 9, 2002
Classification Spec. 1st 2nd 3rd
-------------- ----- --- --- ---
Armature Winder 16.03 15.35 14.65
Blacksmith 15.70 15.35 14.65 14.13
Boilermaker 15.70 15.35 14.65 14.13
Burner 15.70 15.35 14.65 14.13
Xxxxxxxxx 15.70 15.35 14.65 14.13
Crane Operator 15.70 15.35 14.65 14.13
Dispatcher 11.96 11.70
Dock person 15.70 15.35 14.65 14.13
Electrician 15.70 15.35 14.65 14.13
Electronics Technician 15.70 15.35 14.65 14.13
Handyperson Hired Prior to 11/1/88 11.70 11.44 11.06
Handyperson Hired On or After 11/1/88 11.70 10.85 9.91
Heavy Equipment Operator 11.96 11.70
Helper Hired Prior to 11/1/88 10.66 10.48
Helper Hired On or After 11/1/88 9.52 9.32
Insulator 15.70 15.35 14.65 14.13
Xxxxxx 15.70 15.35 14.65 14.13
Laborer Hired Prior to 11/1/88 10.26 9.89
Laborer Hired On or After 11/1/88 8.93 8.35
Lead Mechanic 16.20
Lofts person 16.40 16.10 15.35 14.65
Machinist 15.70 15.35 14.65 14.13
Material Controller 12.40 12.12 11.87
Outside Machinist 15.70 15.35 14.65 14.13
Painter 15.35 14.65 14.13
Pipe fitter 15.70 15.35 14.65 14.13
Power Plant Operator 12.26 11.69
Rigger 15.70 15.35 14.65 14.13
Sandblaster 15.35 14.65 14.13
Sandblaster Trainee 12.26 11.69
Senior Material Controller 13.44
Sheet Metal Worker 15.70 15.35 14.65 14.13
Shipfitter 15.70 15.35 14.65 14.13
Sign Painter 15.66
Storeroom Clerk 11.70 11.44 11.25 10.90
Tack Welder 11.53
Tank Cleaner 11.53 11.06 10.59
51
Tankerperson 12.39
Truck Driver 11.08 10.48 10.26
Tug & Launch Captain 15.70 15.35 14.65 14.13
Ventilation Mechanic 15.35 14.65 14.13
Waste Water Treatment Operator 15.70 15.35 14.65 14.13
Welder 15.70 15.35 14.65 14.13
52
APPENDIX 1(c)
WAGES
Effective February 9, 2003
Classification Spec. 1st 2nd 3rd
-------------- ----- --- --- ---
Armature Winder 16.44 15.75 15.00
Blacksmith 16.11 15.75 15.00 14.48
Boilermaker 16.11 15.75 15.00 14.48
Burner 16.11 15.75 15.00 14.48
Xxxxxxxxx 16.11 15.75 15.00 14.48
Crane Operator 16.11 15.75 15.00 14.48
Dispatcher 12.21 11.95
Dock person 16.11 15.75 15.00 14.48
Electrician 16.11 15.75 15.00 14.48
Electronics Technician 16.11 15.75 15.00 14.48
Handyperson Hired Prior to 11/1/88 11.95 11.69 11.31
Handyperson Hired On or After 11/1/88 11.95 11.10 10.16
Heavy Equipment Operator 12.21 11.95
Helper Hired Prior to 11/1/88 10.91 10.73
Helper Hired On or After 11/1/88 9.77 9.57
Insulator 16.11 15.75 15.00 14.48
Xxxxxx 16.11 15.75 15.00 14.48
Laborer Hired Prior to 11/1/88 10.51 10.14
Laborer Hired On or After 11/1/88 9.18 8.60
Lead Mechanic 16.60
Lofts person 16.82 16.52 15.75 15.00
Machinist 16.11 15.75 15.00 14.48
Material Controller 12.65 12.37 12.12
Outside Machinist 16.11 15.75 15.00 14.48
Painter 15.75 15.00 14.48
Pipe fitter 16.11 15.75 15.00 14.48
Power Plant Operator 12.51 11.94
Rigger 16.11 15.75 15.00 14.48
Sandblaster 15.75 15.00 14.48
Sandblaster Trainee 12.51 11.94
Senior Material Controller 13.69
Sheet Metal Worker 16.11 15.75 15.00 14.48
Shipfitter 16.11 15.75 15.00 14.48
Sign Painter 16.06
Storeroom Clerk 11.95 11.69 11.50 11.15
Tack Welder 11.78
Tank Cleaner 11.78 11.31 10.84
53
Tankerperson 12.64
Truck Driver 11.33 10.73 10.51
Tug & Launch Captain 16.11 15.75 15.00 14.48
Ventilation Mechanic 15.75 15.00 14.48
Waste Water Treatment Operator 16.11 15.75 15.00 14.48
Welder 16.11 15.75 15.00 14.48
54
APPENDIX 1(d)
MISCELLANEOUS RATES
Any painter or blaster who is actually engaged in spray painting or blasting or
authorized employees engaged in asbestos removal shall be paid twenty-five cents
($.25) per hour extra while so engaged.
Any employee rated less than 3/c mechanic, who is certified and is actually
engaged in sandblasting shall be paid 3/c mechanic wages while so engaged.
Any laborer who is actually engaged in cleaning tanks in which oil has been
carried and in which there is a substantial residue of oil or who is actually
engaged in cleaning boilers shall be paid ten cents ($.10) per hour extra while
so engaged, or who is actually engaged in cement washing double-bottom or
domestic tanks shall be paid ten cents ($.10) per hour extra while so engaged.
After 90 working days, Laborers Second Class shall be raised to Laborer First
Class.
After 90 working days, Truck drivers Third Class shall be raised to Truck driver
Second Class. The requirements for promotion to First Class Truck driver will be
the ability to operate all equipment required of a First Class Truck driver.
After 90 working days, Heavy Equipment Operators Second Class shall be raised to
Heavy Equipment Operator First Class.
55
APPENDIX 2
DEPARTMENTS
For the purposes of Article XI, Section 2, the following departments are
recognized:
Outside Machine Shop
Inside Machine Shop
Pipe Shop
Insulation Shop
Sheet Metal Shop
Electric Shop
Plate Shop
Boiler Shop
Welding Shop
Blacksmith Shop
Paint Shop
Xxxxxxxxx Shop
Rigging
Labor Department
Dock Department
Crane Department/Storeroom/Transportation Department
Facilities Department
Environmental Department
56
APPENDIX 3
A & S AND GROUP HEALTH BENEFITS
1. Weekly Accident and Sickness Benefits
A. Weekly A & S benefits shall be paid only to those
employees who suffer from a non-occupational illness or
injury. Employees who have a work-related illness or
injury shall not be covered or eligible for such benefits.
B. Pays from the first day for accident or when hospitalized
as a result of illness, or on the eighth day for sickness,
with maximum of twenty-six (26) weeks in a twelve month
period for one ailment, per schedule below:
Group Weekly Benefit
(1) Laborers and others below prevailing pay rate of Helper 1/c................... $110.00
(2) Helper 1/c and others below prevailing pay rate of Handyperson 3/c............ $120.00
(3) Handyperson 3/c and others below prevailing pay rate of Mechanic 3/c.......... $130.00
(4) Mechanic 3/c and above of others in Bargaining Unit........................... $140.00
Weekly A & S Benefits are basically determined by hourly rate of pay
and are updated monthly.
A. Group Health Plan
A comprehensive health insurance plan is available to
Employees and their dependents through the Company's Group
Health Plan.
B. Dental Insurance
A dental insurance plan is available to Employees and
their dependents participating in the group health plan.
The plan provides two groupings of dental services, as follows:
Group 1 - known as Diagnostic and Preventive Services - includes
exam, x-rays, cleaning, fluoride, emergency treatment and exam, space
maintainers, biopsies of oral tissues, and pulp vitality tests. The full cost of
treatment described in Group 1 will be met by the plan.
Group 2 - known as Primary Dental Services - includes maintenance
service - fillings, extractions, endodontics, denture repair, re-cement of
crowns, inlays and/or bridges, and visits to home when medically necessary.
There is a $50.00 deductible payment for an individual, with a $150.00 maximum
per family, required during any calendar year for the treatment provided under
Group 2. Thereafter, the plan will pay for 80% of the cost of treatment
described in Group 2, with the remaining 20% of the cost being borne by the
insured. The maximum payment to be made on behalf of any individual during a
calendar year is $1,000.00.
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Group 3 - known as Delta Care - an HMO dental product option at no
additional cost to covered employees.
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APPENDIX 4
PENSIONS/401K
1. The Pension Plan previously agreed to between the Company and the
Union and which covers Bargaining Unit Employees is amended and
provides the following:
A. All credited years of service with the Company shall be
used for the purpose of calculating present Employee
pension benefits.
B. Effective January 1, 1993, pensions for all present
employees will be calculated on the basis of:
1) Twelve Dollars ($12.00) per month for each year of the
first ten (10) years of credited service, and
2) Thirteen Dollars ($13.00) per month for each year of
credited service in excess of ten (10) but less than
twenty (20) years, and
3) Fourteen Dollars ($14.00) per month for each year of
credited service in excess of twenty (years).
C. The vesting provisions shall provide 100% vesting in the
plan upon an Employee's completion of 5 years of credited
service. Any pension payment will be deferred until age
65.
D. No requirement exists for Company consent to early
retirement.
E. Employees receiving a monthly disability benefit under the
provisions of the plan shall be paid under the same
benefit both before and after age 65.
2. The Company will provide a 401-K, Retirement Security Plan, to all
Bargaining Unit Employees. The maximum Employee contribution will be
15% of the employee's pay. The Company will match the employee's
contribution at the rate of 25% for each one percent contribution up
to a maximum of 4% Employee contribution.
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APPENDIX 5
CONTINUOUS IMPROVEMENT PROCESS
The Company and the Union agree to jointly support a proactive Productivity
Improvement Process, the goal of which is to improve all Company work practices
and methods in order to eliminate inefficiencies and reduce the cost of
performing work. This will allow the Company to be more competitive in the
regional and world marketplaces.
Therefore, in recognition that productivity improvement is an ongoing process,
there shall be established a Labor/Management Productivity Improvement
Committee. The Committee shall be comprised of a maximum of four (4)
representatives from the Union and four representatives from the Company. The
committee shall meet at times and dates mutually acceptable, but in no case,
less than once a month.
The goal of the Committee shall be to improve the productivity of the Company's
workforce. In order to accomplish this, the Committee shall be empowered to
negotiate productivity improvements, implement these productivity improvements,
establish criteria for measuring the effectiveness of these productivity
improvements, establish trial periods, as necessary, for these productivity
improvements and all other productivity improvement functions that are mutually
agreed to by the Committee.
In order to further this productivity improvement process, the Company and the
Union agree that the Company must organize, manage and perform all jobs in the
most efficient manner. Therefore, to help support the achievement of improving
the productivity of the Company, the following is agreed to:
COMPOSITE CREWS
The Union and the Company recognize the need for the Company to organize jobs on
a composite crew basis, thereby improving efficiency, reducing costs and standby
time and increasing the Company's competitive position in the industry. The
parties agree to the use of Composite Crews where such crews will reduce the
overall cost of performing work. Composite Crews shall be defined as crews
comprised of traditional craft members who will be called upon to work without
regard to their specific craft jurisdiction to accomplish the project.
Situations which lend themselves to the use of Composite Crews include: ship
alterations which require multi-craft integrations, shafting removals,
integrated outfitting, and work situations such as repetitive operations,
small/short duration or remote location jobs on a vessel. These examples are not
all-inclusive of the situations intended by the applications of this agreement.
In the process of evaluation, each job may be assigned to a lead craft
supervisor for supervising and organizing the work. It will be the
responsibility of the supervisor to meet budgets and schedules, and to direct
composite teams in the completion of the jobs.
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MULTI-CRAFT ASSIGNMENTS
During the life of this Agreement, the Company shall have the right to train and
assign Employees across job classification and shop lines when the Company
determines that to do so would improve efficiency or reduce costs and/or standby
time. Such cross-training and assignment shall involve only the following
departments: Plate (01), Welding (02), Outside Machine (04), Pipe (07),
Maintenance (10), Rigging (12), Storeroom (13), and Boiler (01). The Employees
designated to work in one or more craft or job classifications shall have
proficiency in two or more skills or crafts to do so.
CRAFT ASSIST
The parties agree to the principles and program of craft assistance. It is the
intent of the Company to maintain the traditional craft functions within the
yard. However, it is recognized and understood that inefficiencies and standby
time are detrimental and are not desired by either party, and are to be
eliminated whenever possible.
Craft assistance shall mean an Employee of a particular craft performing or
assisting in the performance of work items not traditionally assigned to his/her
respective craft for limited durations of time Reduction of standby time shall
mean minimization of those periods of time spent waiting for another craft to
appear to perform a task that is incidental to the main task being performed and
those limited periods of time spent waiting to perform a task that is incidental
to the main task being performed.
Incidental shall be defined as work that is casual, unplanned or of less than
four (4) hours' duration.
It is in the intention and agreement of the parties to minimize standby time by
providing for the concept and reality of craft assistance.
The intent of this agreement is the elimination of standby time. Job requiring
full-time assignment will continue to be performed by traditional craft,
composite crews or multi-craft assignments made up of members of traditional
crafts.
All Employees will be expected to accept direction and work assignment in
accordance with the intent of this agreement, and from any Craft Supervisor. Any
abuse of this agreement shall be subject to the grievance procedure.
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APPENDIX 6
MILEAGE CHART
Airport 26
Atlantic Cement Docks 11
Cargil Grain 5
Coast Guard Base 20
Convoy Escort Piers 21
Xxxxxx Island 25
CSX Xxxx 00 00
XXX Coal Pier/Pier 9 43
D & S Piers 21
Engineers Piers (Boissevain Avenue) 12
ESSO Oil Docks 20
Xxxxxxxxx River Terminals 10
Fort Monroe 46
Fort Norfolk (Front Street) 8
Fort Story 40
Grain Elevator 21
Great Bridge 24
Gulf Oil Dock 10
Xxxxxxx'x Point Docks 00
Xxxxxx Xxxxx Xxxxxxxxxx Xxxx 00
Xxxxxx Xxxxx (Xxxx Railway) 25
Moon Engineering 16
Naval Air Station 26
N & W Coal Piers 18
NOB 23
Navy Yard 7
Newport News Shipyard 45
NNMT 44
NIT 19
Portsmouth Marine Terminals 14
Norfolk Yacht Club 14
Rudee Inlet 42
Xxxxx Xxxxxxxx Docks 10
Xxxxxxxx Oil 11
South Annex 19
Southgate Terminals 11
St. Julian Creek 16
Texas Oil Docks 9
Virginia Chemical & Shelting (W. Norfolk) 00
Xxxx Xxxxxx (Atlantic Basin) 8
Virginia Beach 42
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