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EXHIBIT 10.13
L O C K H E E D M A R T I N
CONTRACT
between
LOCKHEED XXXXXX UTILITY SERVICES, INC.
PORTSMOUTH GASEOUS DIFFUSION PLANT
and
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, AND ITS
AFFILIATED LOCAL NO. 3-689
-----------------------------------------
Effective: 12:00 A.M. - April 1, 1996
Expiration: 12:01 A.M. - May 2, 2000
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TABLE OF CONTENTS
ARTICLE I SCOPE..............................................................
ARTICLE II RECOGNITION........................................................
Section 1. Establishment and Limitation.......................................
Section 2. Definition of Employee.............................................
Section 3. Contract Distribution..............................................
Section 4. Noninterference....................................................
ARTICLE III UNION SECURITY AND
DEDUCTION OF DUES..................................................
Section 1. Dues Requirements..................................................
Section 2. Delinquency of Dues................................................
Section 3. Deduction of Dues..................................................
Section 4. Authorization of Deduction.........................................
Section 5. Make-Up Dues.......................................................
Section 6. Termination of Deduction...........................................
Section 7. Voluntary Checkoff Authorization...................................
ARTICLE IV MANAGEMENT CLAUSE..................................................
ARTICLE V CONTINUITY OF OPERATION............................................
ARTICLE VI PROTECTIVE SECURITY................................................
ARTICLE VII GRIEVANCE PROCEDURE................................................
Section 1. Intent and Distribution of Answers.................................
Section 2. Union Representatives..............................................
Section 3. Disciplinary Cases.................................................
Section 4. General Grievances.................................................
Section 5. Time Limits........................................................
Section 6. Grievance Steps....................................................
Section 7. Monetary Settlements...............................................
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Section 8. Arbitration.......................................................
ARTICLE VIII SENIORITY.........................................................
Section 1. Definitions.......................................................
Section 2. Continuous Service................................................
Section 3. Probationary Period...............................................
Section 4. Security Clearance Requirement....................................
Section 5. Reduction in Force................................................
Section 6. Permanent, Additional, Temporary Movements........................
Section 7. Returning to the Bargaining Unit..................................
Section 8. Posting Criteria..................................................
Section 9. Seniority List Distribution.......................................
Section 10. Realignment.......................................................
Section 11. Placement of Occupationally Disabled Employees....................
ARTICLE IX LEAVE OF ABSENCE..................................................
Section 1. Qualification and Reinstatement...................................
Section 2. Union or Government Official......................................
Section 3. Absence Notification.............................................
Section 4. Failure to Report on Expiration...................................
ARTICLE X HOURS OF WORK.....................................................
Section 1. Definitions.......................................................
Section 2. Standard Workday-Workweek.........................................
Section 3. Working Schedule..................................................
Section 4. Overtime Opportunity..............................................
Section 5. Overtime or Premium Hours.........................................
Section 6. Transportation....................................................
Section 7. Overtime or Premium Payments......................................
Section 8. Holidays..........................................................
Section 9. Shift Differential................................................
Section 10. Weekend Bonus.....................................................
Section 11. Lunch Period......................................................
Section 12. Minimum Guarantee Payments........................................
Section 13. Jury Duty Pay.....................................................
Section 14. Funeral Pay.......................................................
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Section 15. Military Pay......................................................
ARTICLE XI WAGES.............................................................
Section 1. Base Hourly Rates.................................................
Section 2. Rate Changes......................................................
Section 3. Classification Change.............................................
Section 4. Recall to Classification..........................................
Section 5. Special Shift Change Allowance....................................
ARTICLE XII LAYOFF ALLOWANCE..................................................
Section 1. Eligibility.......................................................
Section 2. Occupational Disability...........................................
Section 3. Payments..........................................................
Section 4. Recall Eligibility................................................
Section 5. Successor Clause..................................................
ARTICLE XIII VACATIONS.........................................................
Section 1. Eligibility.......................................................
Section 2. Extended Working Schedule.........................................
Section 3. Vacation Period...................................................
Section 4. Deferred Vacation.................................................
Section 5. Holiday During Vacation Period....................................
Section 6. Scheduling........................................................
Section 7. Existing Employees................................................
Section 8. Deceased Employees................................................
Section 9. Occupational Disability-Eligibility...............................
Section 10. Retirees - Pro Rata Vacation......................................
ARTICLE XIV HEALTH AND SAFETY.................................................
Section 1. Health & Safety Program...........................................
Section 2. Shift Safety Representative.......................................
Section 3. Company-Union Health and Safety Committee.........................
Section 4. Safety Equipment & Devices........................................
Section 5. "Guide to Safety" Booklet.........................................
Section 6. Medical...........................................................
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Section 7. Miscellaneous.....................................................
ARTICLE XV JOB DESCRIPTIONS..................................................
Section 1. Agreement.........................................................
Section 2. Past Practice.....................................................
Section 3. Joint Classification Committee....................................
Section 4. Memoranda of Understanding........................................
ARTICLE XVI MISCELLANEOUS.....................................................
Section 1. Work by Non-Bargaining Unit Personnel.............................
Section 2. Payday............................................................
Section 3. Bulletin Boards...................................................
Section 4. Union Representatives-Plant Supervision...........................
Section 5. Working Shift-Union Representatives...............................
Section 6. Non-Discrimination................................................
Section 7. Written Notice-Policy Changes.....................................
Section 8. Working Conditions................................................
Section 9. Auxiliary Emergency Squad.........................................
Section 10. Educational Assistance ...........................................
Section 11. Definition - Days.................................................
Section 12. Utilization of Work Force........................................
Section 13. Smoking...........................................................
ARTICLE XVII SICKNESS AND ACCIDENT PLAN........................................
Section 1. Eligibility.......................................................
Section 2. Conditions of Payment............................................
Section 3. Payment...........................................................
Section 4. Occupational Disability Pay.......................................
Section 5. Basis of Payment.................................................
Section 6. Rate of Pay.......................................................
ARTICLE XVIII INSURANCE.........................................................
Section 1. Group Life........................................................
Section 2. Health Benefits Program...........................................
Section 3. Dental Plan.......................................................
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Section 4. Special Accident..................................................
Section 5. General...........................................................
ARTICLE XIX PENSIONS..........................................................
ARTICLE XX TERM OF CONTRACT..................................................
Section 1. Effective Dates...................................................
Section 2. Renegotiation Notice..............................................
ARTICLE XXI APPROVAL..........................................................
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CONTRACT
This Contract is made and entered into by and between Lockheed Xxxxxx Utility
Systems, Inc., Portsmouth Gaseous Diffusion Plant, hereinafter referred to as
the "Company", and Oil, Chemical and Atomic Workers International Union, and its
affiliated Local Union No. 3-689, hereinafter referred to as the "Union."
This Contract shall become effective immediately following ratification by the
membership of the Union, and shall continue in effect through May 2, 2000.
The Company and the Union desire to establish satisfactory wages, hours, working
conditions, and conditions of employment for the employees of the Company
covered by the terms of the Contract, and further, to encourage closer
cooperation and understanding between the Company and the Union to the end that
a mutually satisfactory, continuous, and harmonious relationship may exist
between the parties to this Contract.
Now, therefore, the Company and the Union mutually agree as follows:
ARTICLE I
SCOPE
This Contract shall constitute the complete agreement between the parties hereto
with reference to wages, hours, working conditions, and conditions of
employment. Any additions, waivers, deletions, changes, amendments, memorandum
of understanding, or modifications that may be made to this Contract shall be
effected through the collective bargaining process between authorized
representatives of the Company and the Union subject to ratification by the
membership of Local 3-689. All other written understandings between the parties
not incorporated herein by reference at the effective date of this Contract, are
hereby terminated. Any application, interpretation or alleged violation of this
Contract or of amendments thereto can be a proper subject for the grievance
procedure.
In the event that any of the provisions of this Contract are found to be in
conflict with any valid Federal or State law now existing or hereinafter
enacted, it is agreed that such law shall supersede the conflicting provisions
without in any way affecting the remainder of these provisions.
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ARTICLE II
RECOGNITION
Section 1. Establishment and Limitation.
In conformity with the Labor-Management Relations Act of 1947, as amended, the
Company recognizes the Union as the sole and exclusive bargaining agent for
those hourly employees, excluding Police and salaried personnel, included in the
National Labor Relations Board Certification No. 9-CR-2361 with respect to rates
of pay, wages, hours of employment, and other Union for the representation of
employees within this bargaining unit during the life of this Contract.
Section 2. Definition of Employee.
The term "employee" as used herein shall mean any person represented by the
Union as set forth in Section 1, Article II, of this Contract.
Section 3. Contract Distribution.
As a means of informing all employees as to their rights, privileges, and
obligations under this Contract, the Company agrees to furnish a copy of this
Contract to each employee.
Section 4. Noninterference.
The Company agrees not to interfere with the right of employees to join or
belong to the Union and the Union agrees not to intimidate or to coerce
employees to join the Union. The Company further agrees not to discriminate
against any employee on account of Union membership or Union activity. The Union
agrees neither to solicit for membership nor to collect Union funds on Company
time.
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ARTICLE III
UNION SECURITY AND
DEDUCTION OF DUES
Section 1. Dues Requirements.
All employees within the bargaining unit who are members of the Union upon the
execution of this Contract shall, as a condition of employment, maintain their
membership to the extent of tendering the periodic dues uniformly required as a
condition of retaining membership. All employees in the bargaining unit who are
not members of the Union upon the execution of this Contract, but who later
elect to join the Union, shall at all times thereafter maintain their membership
in the Union as a condition of employment, as set forth above. All employees
hired after the execution of this Contract shall, as a condition of employment,
become members of the Union not later than thirty-one (31) days after the date
upon which they were hired, and shall thereafter maintain their membership in
the Union as a condition of employment, as set forth above.
Section 2. Delinquency of Dues.
Before any termination of employment pursuant to this Article becomes effective,
the employee involved shall first be given notice in writing by the Union to pay
delinquent dues. If the employee fails to pay the delinquent dues, the Union
shall then notify the Company of the delinquency. Upon receipt of such notice in
writing, the Company shall then notify the employee to pay the delinquent dues
and if such dues are tendered within one (1) calendar week after receipt of this
notification from the Company, dismissal under this Article shall not be
required.
Section 3. Deduction of Dues.
For the convenience of the Union and its members, the Company, during the life
of this Contract, shall deduct an initiation fee and regular monthly dues from
the paychecks of each employee who individually and voluntarily executes and
delivers to the Company an Assignment and Authorization in the form set forth in
Section 7 of this Article. Such deductions shall be forwarded to the Treasurer
of the Local Union with a listing showing the names of those employees, if any,
whose paychecks were insufficient to cover the deductions. An Authorization must
be delivered to the
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Company at least seven (7) days before the second payday of the month in which
the first weekly deduction is to be made.
Section 4. Authorization of Deduction.
An Authorization and Assignment shall be irrevocable for a period of one year
form the date thereof or until termination of this Contract, whichever occurs
sooner, and shall automatically renew itself for successive irrevocable annual
periods unless the employee who signed it gives notice to the contrary in
writing by registered mail to both the Company and the Union no less than two
(2) days nor more than seventeen (17) days before the expiration of the
authorization or before the expiration of any annual renewal period as the case
may be.
Section 5. Make-Up Dues.
Upon receipt, from the Treasurer of the Local Union, of Union members' names and
amounts of dues that have been missed through payroll deductions, the Company
shall deduct the make-up dues in the following week, or in subsequent weeks as
the money becomes available, and forward to the Treasurer of the Local Union, in
accordance with Section 3.
Section 6. Termination of Deduction.
No deductions under this Article shall be made from paychecks from Union members
who have terminated their employment or transferred out of the bargaining until
prior to the second payday of the month, unless they have worked or received
paychecks equivalent to five (5) workdays or more in that month.
Section 7. Voluntary Checkoff.
The Union agrees that it shall indemnify the Company and save it harmless from
any and all claims which may be made against it on account of amounts deducted
from wages as provided in this Article.
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VOLUNTARY CHECKOFF AUTHORIZATION
Name:
Badge No: Department: Date:
I hereby assign to the Oil, Chemical and Atomic Workers, Local 3-689, and
authorize Lockheed Xxxxxx Utility Services, Inc. to deduct from the wages due me
while in the employ of the Company, dues in the amount of $ per month, or such
dues as the Union's Constitution and By-Laws may be amended to provide in four
equal weekly installments each calendar month. I further authorize the Company
to deduct from my wages an initiation fee in the amount of $ .
This authorization shall be irrevocable for the period of one (1) year from the
date hereof, or until the termination of the Contract between the Company and
the Union, whichever occurs sooner. Furthermore, this authorization shall
automatically renew itself for successive irrevocable annual periods, unless I
give notice to the contrary in writing by registered mail to both the Company
and the Union no less than two (2) days and no more than seventeen (17) days
before expiration hereof or before expiration of any annual renewal period, as
the case may be.
(Signature) ___________________________
(Address) _____________________________
ARTICLE IV
MANAGEMENT CLAUSE
The management of the business and the authority to execute all of the various
functions and responsibilities incident thereto are vested in the Company. The
direction of the workforce, the establishment of plant policies, the
determination of the processes and means of manufacture, the units of personnel
required to perform such processes, and other responsibilities incidental to the
operation of the plant are vested in the Company. Such duties, functions, and
responsibilities shall also include hiring, retirement, disciplining, evaluating
the qualifications of employees
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and promotions. The exercise of such authority shall not conflict with the
rights of the Union under the terms of this Contract.
ARTICLE V
CONTINUITY OF OPERATION
There shall be no strikes, lockouts, work stoppages, picket lines, slowdowns,
secondary boycotts, or disturbances. The Union agrees to support the Company
fully in maintaining operations in every way.
Participation by any employee or employees in an act violating this provision in
any way shall be Cause for discharge by the Company. Any discipline imposed
shall be applied equally and indiscriminately to all employees according to the
degree of involvement.
ARTICLE VI
PROTECTIVE SECURITY
It is recognized that all members of the Union and the Company are required to
comply with all protective security measures now in effect. If the Company is
notified by DOE that this Contract in any way violates security measures which
are now in effect, or which may be put into effect later, the company shall in
turn immediately notify the Union in writing of the need to renegotiate the
section or sections of the Contract in question for the purpose of making the
required changes.
ARTICLE VII
GRIEVANCE PROCEDURE
Section 1. Intent and Distribution of Answers.
The parties to this Contract recognize that grievances should be settled
promptly and as close to their sources as possible. Further, both parties shall
endeavor to present all the facts relating to the grievance at the first step of
the grievance procedure in order that an equitable solution may be achieved. The
Company in the second, third
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and fourth steps of the grievance procedure shall give written answers to the
grievance within the specified time limits unless extended by mutual consent.
Copies of written answers to grievances shall be distributed or mailed to the
Local Union Hall, the Local Union President, Vice-President (2 copies), the
Division Committeepersons, the Alternate Committeepersons, the Xxxxxxx of the
aggrieved employees, and each aggrieved employee signing the grievance.
Section 2. Union Representatives.
(a) Number of Representatives
The Company shall recognize the following number of properly certified
Union representatives in the plant for the purpose of representing
employees in the manner specified in this Grievance Procedure:
(1) The Local Union President.
(2) The General Grievance Committee consisting of the Vice- President
of the Local Union who shall serve as Chairperson, and three (3)
Committeepersons, one (1) from each of the recognized
Representation Divisions as shown in Appendix A to this Contract.
(3) Twenty (20) Stewards. The number may be adjusted as mutually
agreed upon as the need arises.
When a properly certified Union representative is unavailable for any
reason, the Company shall recognize an alternate certified by the Union.
It is understood that only one, the Xxxxxxx or the alternate will be
recognized for each incident.
(b) Xxxxxxx Districts
The Company will recognize the Union Xxxxxxx Districts as defined by the
Union, but not to exceed the number specified per Article VII, Section
2(a)(3). The Union will provide the Company with a current listing, as
changes occur, of recognized stewards and alternates and districts which
each represents.
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(c) Grievance Investigation
Certified Union representatives shall be excused from work for
reasonable periods of time during their scheduled working hours when
handling grievances in the appropriate steps of this grievance
procedure, excluding arbitration without loss of pay. These
representatives shall be paid upon presentation of an approved A-1020.
Employees thus duly certified and recognized as Union Representatives
shall report to and obtain permission from their immediate supervisor
whenever it becomes necessary to leave their work for the purpose of
handling grievances in their respective divisions or districts, shall
inform their supervision of their intended destinations and itinerary,
shall notify the supervision of any department in which it becomes
necessary to contact employees for the purpose of settling or
investigating grievances, and shall report back to their immediate
supervision at the time they return to work. The Union President,
Vice-President, and three (3) Committeepersons will be excused from work
to handle grievances without loss of pay, when the bargaining unit is
1200 members or above.
Should the bargaining unit decrease below 1200, eight (8) hours per week
will be deducted for each fifty (50) employees reduced from the
Bargaining Unit.
Subtraction from the hours payable shall be made in eight hour
increments. (See letter dated 2/14/96, page 166).
The above Union officials shall have access to the plant with proper
approval at any time and shall notify supervision in the area in which
they are present.
(d) Joint Company-Union Training
The Company and the Union agree to establish a Joint Training Committee
(2 members to be appointed by each party) designed to better inform and
utilize Union Committeepersons and Alternates, Stewards and Alternates
and management representatives.
Training programs will be developed and presented by the parties subject
to review by the Joint Training Committees. Participating employees will
be
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excused from work on the third Thursday of every other month from 12:00
noon to 4:00 p.m. without loss of pay except as programs are postponed
by mutual agreement.
Section 3. Disciplinary Cases.
It is recognized that the maintenance of discipline is essential to the orderly
operation of the plant and also that the invoking of disciplinary action should
be designed to correct the conduct of the employees involved rather than to
punish.
In the great majority of inaction of rules, termination of employment for
disciplinary reasons is justified only after the employee has been given the
opportunity to correct his/her behavior and has failed to respond to
disciplinary measures.
(a) Discussions
1. When an employee is called into a discussion which may result in
disciplinary documentation, including reprimand, suspension, or
being sent home, the employee shall be fully informed that a
Union representative may be brought into the discussion. The
Union Vice-President shall be informed in writing of any action
taken. Any of the above can be a proper subject for the grievance
procedure.
2. When an employee is called into a discussion which may result in
discharge, the employee shall be fully informed that a Union
representative may be brought into the discussion.
The decision to terminate an employee will not be made until at least two full
working days have elapsed from the infraction. During this time, thorough
consideration will be given to all facts and circumstances which are relevant to
the matter. At the request of the Union, Company representatives will meet with
Union representatives during the two-day period to discuss such relevant facts
and circumstances.
The Union Vice-President shall be informed in writing of any action taken.
The action taken can be a proper subject for the grievance procedure.
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(b) Record Review
Written records of past documented disciplinary discussions, reprimands
and/or suspensions which have been placed in the employee's file,
exclusive of actions resulting from any future violation of Article V,
shall be reviewed by the end of one year by the employee's supervision
and the employee to determine whether they should be removed from all
files and destroyed or retained up to a maximum period of two years.
(c) Initiation of Grievances - Step 3 or Step 4
If the employee or the Union files a written grievance protesting a
suspension or discharge, within ten (10) days, such grievance shall be
initiated at Step 3 or 4 of the Grievance Procedure. If such discharge
or suspension is found to have been unjustified, the employee shall be
reinstated to his/her former job and shall be compensated for all
earnings lost, less pay for any penalty time decided upon, if any.
Section 4. General Grievances
Controversies may arise of a nature so general as directly to affect the
majority of employees in a classification or department, or the majority of all
employees. It is agreed that issues of this nature need not be subjected to the
entire grievance procedure but may be initiated at Step 3 or Step 4. Attendance
at Grievance Hearings initiated at Step 4 may include members of both
negotiating committees.
Section 5. Time Limits
(a) Extension
Any grievance not taken up with an employee's immediate supervision
within ten (10) days after the employee, or a certified Union
representative has knowledge of the occurrence of the incident from
which the grievance arose, cannot be processed through the grievance
procedure. The employee or a certified Union representative may request
an extension of five (5) days to investigate the grievance.
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(b) Withdrawn - Settled
A grievance shall be considered settled or withdrawn if the decision of
the Company is not appealed to the next higher step in the grievance
procedure within ten (10) days after a decision has been rendered by the
Company, unless this period is extended by mutual agreement between the
parties.
(c) Answer
Any grievance not answered within the specific time limit may be
immediately taken to the next higher step of the grievance procedure.
(d) Calculation of Time
In the calculation of time limits under the grievance provisions,
including arbitration, "days" shall mean calendar days excluding
Saturdays, Sundays, Holidays, Vacations, and the scheduled days off of
the aggrieved employee, whichever results in the longer period.
(e) Postponement - Hearing
A hearing at Step 2 may be postponed by mutual agreement of the Division
Committeeperson and the department supervisor involved. A hearing at
Step 4 may be postponed by mutual agreement between te Local Union Vice-
President and the Director of Human Resources or his/her designated
representative.
Section 6. Grievance Steps
Step 1: An employee who feels that he/she has a grievance may, as soon as
reasonably possible, discuss it with his/her immediate
supervision and Union Xxxxxxx. The employee's immediate
supervision shall answer the grievance as soon as possible but no
later than at the end of the next scheduled work shift of the
aggrieved employee. Settlements made in this step of the
grievance procedure shall have no precedent value.
Step 2: If the grievance has not been disposed of at Step 1, it shall be
reduced to writing on an appropriate form and presented to the
aggrieved
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employee's department supervisor. Such written grievance shall be
signed by the employee or the Committeepersons of that
Representation Division and shall be identified by number. The
Union shall, to the best of its ability, state in the written
grievance all of the facts justifying the grievance and the
provision of te Contract involved. A hearing shall be held within
thirty (30) days for shift workers and five (5) days for day
shift workers. The hearing may be attended by the aggrieved
employee, the District Xxxxxxx, and the Division Committeeperson
at the option of the Union; and by his/her Supervisor, and other
representatives of the Company; and may include other affected
parties mutually agreed upon in advance between the Division
Committeeperson and the affected supervisors involved.
Hearings shall be scheduled at 4:00 p.m. for employees on the
afternoon shift and 7:00 a.m. for the employees on the night
shift or any other mutually agreed time. The aggrieved employee's
supervisor shall answer the grievance within ten (10) days after
the hearing.
Step 3: If the grievance is not settled satisfactory at Step 2, it may be
appealed at the option of the Union to either Step 3 or Step 4.
If appealed to Step 3, the appropriate Division Manager will
review the facts with the Committeeperson and will determine if a
full hearing at Step 3 will be held, if the grievance will be
returned to Step 2 for a rehearing, by mutual agreement with
Committeepersons or if the appeal will be denied and passed on to
Step 4. Replies to the appeal will be made within two (2) days.
Hearings at Step 3 will be held on Thursdays or at a time
mutually agreed to by the Division Committeeperson and the
appropriate Division Manager. Hearings may be attended by the
aggrieved Division Manager. Hearings may be attended by the
aggrieved employee, Xxxxxxx, Committeeperson at the option of the
Union, and by the appropriate Division Manager and other
representatives of the Company, and may include other affected
parties mutually agreed upon in advance between the Division
Committeeperson and the affected Division Manager involved. The
Company will answer the grievance in writing within ten (10) days
of the hearing.
Step 4: If the grievance is not settled satisfactorily at the 2nd or 3rd
Step, it may be appealed in writing to the Director of Human
Resources or his/her designated representative. Such written
appeal shall state the reasons
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why the decision in the second or third step is not acceptable,
shall be signed by the Vice-President of the Local Union or
respective Committeeperson, and shall be presented to the
Director of Human resources or his/her designated representative,
together with a copy of the Step 2 or 3 Company Answer.
On Wednesday mornings, at 9:00 a.m. (or any other day mutually
agreed to by the parties as the need arises) hearings shall be
held on plantsite on any grievance appeals which have been
delivered to the Director of Human Resources or his/her
designated representative, by 10:00 a.m. three work days
preceding the hearing. The attendance at this hearing shall
include the Union General Grievance Committee and if mutually
agreed upon, at the option of the Union, the aggrieved employee
or employees, with pay, or persons deemed necessary by the Union;
the Director of Human Resources or his/her designated
representative, Division Manager, and other representatives of
the Company. The Company shall answer the grievance in writing
within fourteen (14) calendar days following the hearing.
Section 7. Monetary Settlements
Any money due an employee as a result of the settlement of a grievance shall be
paid within two (2) weeks following the settlement. Written notification will be
given to the Vice-President of the Union to this effect.
Section 8. Arbitration
(a) Submission Procedure
1. Controversies which may arise concerning the reprimand,
discharge, or suspension of employees, or controversies
concerning the application, interpretation, or alleged violation
of this Contract, which cannot be amicably settled in previous
steps in the grievance procedure, may be submitted for settlement
to an Impartial Arbitrator. The Company will date stamp and
delivery a copy of the final Step 4 answer to the Union
Vice-President, or designated representative. A grievance shall
be considered withdrawn unless he Union appeals the grievance to
arbitration within forty-five (45) days from the date of stamp.
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2. At the option of the Union, the Union President or his/her
designated representative, and, if it desires, an International
Representative may meet with the Director of Human Resources or
his/her designated representative and at the Company's option,
the affected Division Manager(s) to discuss the grievance prior
to submission to arbitration. Within ten (10) days following the
above meeting, the Local Union President and the Chairperson of
the Union's General Grievance Committee or designated
representative, (and may at the option of the Union include an
International Union Representative) shall meet with
representatives of the Company during the Union representatives
of the Company during the Union representative's scheduled
working hours, without loss of pay and attempt to agree upon an
Impartial Arbitrator. Should the parties be unable to agree upon
an arbitrator, the Company and the Union shall alternately strike
one name from the list, the first to strike to be decided by lot,
until only one name remains, and the remaining arbitrator shall
be the arbitrator to hear and decide the controversy.
(b) 1. Grievances processed through Step 4 of the grievance procedure
normally will be prepared to the Arbitrator in the Order that
they are filed; however, the Union may indicate cases of high
priority to be heard by the Umpire out of normal order.
2. Any grievance filed on or after the date of this contract, which
has not been assigned to the impartial arbitrator within three
(3) years after the date of appeal to arbitration, shall be
considered withdrawn by mutual consent on a non-precedential
basis. Grievances filed prior to the date of this Contract shall
not be subject to this Section or the corresponding Section of
3. The Company shall have the right to schedule one grievance per
contract year out of sequence to be arbitrated. If the Union's
position is upheld in arbitration the Company shall pay the total
cost of arbitrating the grievance. If the Company's position is
upheld, or a split decision is rendered, the arbitration cost
shall be paid in accordance with Contract Language [Article VII,
Section 8(i)]. (Language taken from MOU "Scheduling Grievances
for Arbitration" signed by the parties 5-2-85.)
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4. The Parties shall mutually agree upon fifteen (15) Impartial
Arbitrators who shall be selected from lists submitted by both
parties.
(c) Should one of the above arbitrators die, become incapacitated, or refuse
to act, the parties thereto shall mutually agree upon a successor to the
panel.
(d) Each party will strike one member of the arbitration panel in (b) above.
The remaining members will be submitted for Q clearances, and will hear
all grievances containing disclosure of classified information.
(e) Stipulation of Issues
The Company and the Union may stipulate the nature of the dispute and
the issues involved jointly in one stipulation or singly in separate
stipulations. In the event that the parties stipulate the nature and
issues of the dispute singly, a copy of such stipulation shall be
furnished the other party at the same time the stipulation is submitted
to the arbitrator.
(f) Hearing Date
It is agreed by the parties to this Contract that arbitration cases
shall be heard as soon as possible. On a date agreeable to both parties,
the date to be set in conformity therewith by the arbitrator, the
parties, or their designated representatives shall at the time and place
appointed by the Impartial Arbitrator, appear and present either a
written or oral statement of the issues involved for consideration by
the Impartial Arbitrator. Any written statement of issues shall be
furnished the other party at the arbitration hearing. In designation of
the place, the Impartial Arbitrator shall be restricted to the area in
which the plant is situated unless otherwise agreed upon. The Impartial
Arbitrator shall schedule hearings of grievances in the order in which
such grievances are submitted, unless the Company and the Union agree
upon a different order for hearing.
(g) Decision-Time Limit
The Impartial Arbitrator shall render a decision on every grievance
which has been submitted within thirty (30) calendar days from the date
of hearing, unless additional time is requested by the arbitrator and is
mutually agreed upon between the Company and the Union.
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(h) Implementation of Decision
The decision of the Impartial Arbitrator shall be final and binding upon
both parties and shall invoke immediate compliance by the parties. Any
money due an employee as a result of such decision shall be paid not
later than two (2) weeks following the receipt of a written decision to
this effect.
(i) Cost
The expense and compensation of the Impartial Arbitrator shall be borne
by and divided equally between the Union and the Company.
(j) Attendance at Hearing
In all proceedings under this section, the Company shall release from
work the following employees when deemed necessary by the Union for a
fair and reasonable presentation of its case before the Impartial
Arbitrator without loss of earnings:
1. President
2. Members of the General Grievance Committee
3. A Xxxxxxx
4. Two (2) Aggrieved Employees
Additional employees will be released upon request without pay provided
that supervision can make arrangements to efficiently continue the work.
(k) Power of Arbitrator
The Impartial Arbitrator shall not have the power to make any award
changing, amending, or adding to the provisions of this Contract.
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ARTICLE VIII
SENIORITY
Section 1. Definitions
(a) Permanent Vacancy
An addition of an employee in a classification for a period in excess of
thirty (30) days shall constitute a permanent vacancy, to be filled
under provisions of Section 6(a) of this Article. When the addition is a
new hire (exclusive of trainee and second class), the posting procedures
under Article VIII, Section 6(b), will be initiated upon the employee's
arrival in the department or within thirty (30) days of hire, whichever
comes first.
(b) Permanent Movement Procedure
Permanent movements within a classification for a period in excess of
thirty (30) days shall be made under provisions of Section 6(b), (c),
and (d) of this Article.
(c) Temporary Movement Procedure
Temporary movements among groups within a classification shall be made
under the provisions of Section 6(e) of this Article.
When the Company determines that the absence of an employee who was
replaced under Section 6(e) will exceed thirty (30) accumulated days the
opening shall be posted or the temporary assignment discontinued.
(d) Surplus
A reduction of employees within a classification shall constitute a
surplus.
(e) Base Classification
An employee's base classification is his/her base classification of
record on the effective date of this Contract, or if hired thereafter,
the classification in which he/she is hired.
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(f) Plantwide Seniority
An employee's plantwide seniority shall be his/her plantwide seniority
of record on the effective date of this Contract plus all time spent in
the bargaining unit thereafter.
(g) Classification Seniority
An employee's classification seniority shall be his/her classification
seniority of record on the effective date of this Contract in his/her
then current classification plus accumulated time spent thereafter in
such classification.
Subsequent to the effective date of this Contract an employee who is
permanently transferred to a classification other than his/her base
classification shall be credited with prior accumulated time in that
classification.
An employee disqualified from trainee or operator-in-training, who
qualifies and is awarded a plantwide posting into another classification
at the time of disqualification, shall have such new classification as
the employee's base classification. Such employee's base date will be
the date of the award in the new classification. In such an instance the
employee's base date and plantwide seniority date will not be the same.
Employees who enter trainee or second class, subsequent to the effective
date of this Contract will be given seniority credit for time spent in
those classifications. Such classification seniority credit will be
given upon reaching first class of their respective classification.
Subsequent to the effective date of this Contract an employee who is
permanently transferred to a base classification shall have as his/her
classification seniority his/her total plantwide seniority.
(h) Recall List
The recall listing is defined as that list(s) on which an employee is
placed at the time he/she is on recall to a classification(s). An
employee at the time of layoff may elect at his/her option to be placed
on more than one recall listing provided he/she has accumulated
seniority for that classification.
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An employee placed on more than one(1) recall list will be paid a layoff
allowance on a weekly basis as provided according to Article XII,
Section 1. An employee wishing to be placed on only one (1) recall list
will be paid a lump sum allowance according to Article XII, Action 1. An
employee who is placed on more than one(1) recall list will no longer be
considered eligible for recall to the classification refused.
An employee in the Miscellaneous Group who is placed at his/her option
on one or more recall list(s), other than the Miscellaneous Group list,
shall be paid a layoff allowance on a weekly basis as provided according
to Article XII, Section 1.
(i) Miscellaneous Recall
The following paragraph refers only to those employees with
Miscellaneous Group classification seniority prior to May 2, 1988:
An employee laid off from any Miscellaneous Group classification shall
be placed on the Miscellaneous Group recall listing, and deleted from
the recall listing for any one classification within the Miscellaneous
Group. Such employee following recall to the Miscellaneous Group shall
be placed on the recall list to his/her base classification within the
Miscellaneous Group.
NOTE: Those who enter Miscellaneous Group classifications for the first
time after May 2, 1988 will be handled in accordance with Article VIII,
Section 1(h).
(j) Group
The word "group" as used herein is defined as an organizational unit of
one or more employees of the same classification within a shift assigned
similar and common work of their classification, as determined by the
Company. However, the Company shall not eliminate or consolidate groups
without just cause.
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Section 2. Continuous Service
An employee's continuous service with the Company shall consist of the time
actually spent on the payroll, plus properly approved absences from work, to be
determined under the following rules:
(a) Leave of Absence
When an employee is on a leave of absence granted by the Company,
his/her service shall be considered as continuous without any deductions
if the absence does not exceed one year. However, service shall be
considered as continuous without any deductions for employees on leave
of absence for:
(1) Occupational disability under Article IX, Section 1(b);
(2) Public office under Article IX, Section 2(c) for the duration of a
single term of office only;
(3) Non-occupational disability under Article IX, Section 1(c);
(4) Union official on full-time international status under Article IX,
Section 2(a), not to exceed four years;
(5) Educational Exit under Article IX, Section 1(e).
(b) Military Service
An employee who leaves the employment of the company to enter military
service, either by voluntary enlistment or by induction under the
Selective Service System, shall be reinstated under the provisions of
applicable Federal Statutes, upon application within the designated
period of time following honorable or general discharge, provided he/she
qualifies under the seniority rules and is physically capable of
performing the work required. Upon reinstatement, such employee shall be
given credit for continuous service from the time he/she left the
employment of the Company to enter Military Service to the date of
reinstatement.
(c) Laid Off-Service Credited
A laid off employee shall accumulate service for a period of time equal
to his/her continuous service at the time of layoff, but not to exceed
two (2) years for any single period of layoff. A laid off employee will
have recall rights for five (5) years.
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If a laid off employee is recalled he/she shall be credited with the
accumulated service. (Refer to Memorandum of Understanding entitled
"Laid Off-Service Credited," page 92).
(d) Loss of Service
An employee shall lose continuous service when he/she is discharged,
released, resigns, retires, accepts layoff without recall rights, is on
continuous layoff for more than five (5) years from date of layoff, or
when he/she is on the recall listing, but not on the active payroll and
declines or fails to report or make satisfactory arrangements within ten
(10) calendar days after being notified of a recall. If such employee is
later rehired, he/she shall be considered a new employee and continuous
service shall date from the date of most recent hire. (See MOU, Credited
Service Rule and Adjustments, page 143.)
(e) Notification-Recall
An employee shall be considered to be notified of a recall opportunity
when an offer of recall has been sent by registered mail to the most
recent address as recorded in the Hourly Personnel Department. Copies of
registered letters to recalled individuals will be mailed to the Union
Vice-President at the time mailed to recalled individuals.
Section 3. Probationary Period
A new employee shall be considered a probationary employee and shall have no
seniority rights for the first thirty (30) calendar days of employment. A
probationary employee shall be subject to layoff, discipline, or discharge at
the sole discretion of the Company for the first ninety (90) calendar days of
employment.
Section 4. Security Clearance Requirement
Should the security clearance granted to any employee be suspended or cancelled
by DOE, such employee may be discharged immediately and such discharge shall not
be subject to the Grievance Procedure. However, if such action by DOE is later
reversed, the employee shall be reinstated without loss of seniority,
compensated for all earnings lost and credited with such time as continuous
service.
Section 5. Reduction in Force
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(a) When a reduction in force is to be made in a classification, the
employee having the least amount of classification seniority shall be
the first to be declared surplus.
When a surplus is declared to any 1st Class or Operator category -
(1) Employees in the trainee classification of the base
classification shall be the first to be declared surplus.
(2) Employees in the 2nd class of the base classification shall
be next to be declared surplus.
(b) Surplus Options
If further reductions are required, an equivalent number of senior
employees will be permitted to take voluntary layoff as stipulated in
paragraph (f) of this section. should further reductions be necessary,
the following procedure will apply:
(1) Return to base classification. An employee in returning to a base
classification may use his/her plantwide seniority to displace
the employee with the least classification seniority, and
exercise bumping privileges under the provisions of Section 6(c)
of this Article.
(2) An employee with Miscellaneous Group seniority prior to May 2,
1988, and is surplused from a Miscellaneous Group classification
only may transfer to (or use his/her plantwide seniority to
return to) any classification in the Miscellaneous Group, for
which qualified, provided he/she has more plantwide seniority
than an employee in such classification. An employee who has
transferred to any other classification in the Miscellaneous
Group as the result of a reduction in force shall have, for
purposes of subsequent reduction in force only, classification
seniority equal to his/her plantwide seniority.
(3) Or accept layoff
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However, any employee in the Miscellaneous Group who elects to
accept layoff when subject to immediate recall to another
classification in the Miscellaneous Group, for which qualified,
can only be placed on recall to the classification from which
he/she is accepting layoff. This exception will take preference
over Article VIII, Section 1(h) and (i).
NOTE: Employees with Miscellaneous Group seniority beginning
after May 2, 1988 will be handled in accordance with Article
VIII, Section 5(b)(1).
(c) List of Surplused Employees
In the event of a surplus, the three Division Committeepersons and the
Xxxxxxx of the classification affected shall be given a list of the
names of the employees who are surplus, together with the effective date
of such surplus.
(d) Announcement of Layoffs
The Director of Personnel or his/her designated representative shall,
where practical, give the Local Union President advance knowledge of
scheduled layoffs.
(e) Layoff List
In the event of a layoff, the Employment Department shall mail to the
Union Office a list of the names of the employees laid off.
(f) Voluntary Layoff Options
(1) Voluntary Layoff with Recall Rights
Any employee within the classification having more seniority than
the employees who are scheduled to be laid off may accept a
voluntary layoff as provided in paragraph three (3) below. The
employee will be placed on the recall list of the classification
from which he/she is laid off.
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Employees electing to take voluntary layoff will be paid a layoff
allowance on a weekly basis up to the eligibility shown in
Article XII, Section 1.
(2) Voluntary Layoff Without Recall Rights
Any employee within the classification having more seniority than
the employees who are scheduled to be laid off may accept a
voluntary layoff without recall rights to thereby reduce the
personnel units otherwise scheduled to be laid off, provided
procedure in paragraph (3) below is followed. Employees accepting
a voluntary layoff without recall rights will be paid a lump sum
layoff allowance consistent with Article XII, Section 1.
(3) Voluntary Layoff Application Procedure
A. Written application must be made to the Hourly Personnel
Department requesting a voluntary layoff. This application
must be presented during the first half of the period
between the date of announcement of the reduction in force
and effective date of the layoff.
B. Form A-1500, "Acknowledgment of the Conditions of Layoff,"
will be signed by employees electing to take voluntary
layoff.
(4) The senior employees permitted to accept a voluntary layoff from
any classification shall not exceed the number scheduled to be
surplused from such classification.
Section 6. Permanent, Additional, Temporary Movements
(a) Filling Permanent Vacancies
(1) A. When the Company has determined that a permanent
vacancy exists in a classification, qualified employees
on recall to that classification shall be recalled in order
of classification seniority (for purposes of such recall,
this shall mean total accumulated time recorded in the
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classification) whether they have displaced other
employees in the plant or have left the plant.
B. However, when the Company has determined that a permanent
vacancy exists in a classification within the Miscellaneous
Group, qualified employees on recall to such classification
who have not left the plant shall be recalled in order of
classification seniority (for purpose of such recall, this
shall mean total accumulated time recorded in the
classification). The next step in filling such vacancy
would be to recall employees who are on the Miscellaneous
Group recall listing in order of plantwide seniority,
provided they qualify to fill such vacancy.
If such vacancy still exists, the procedure would be to
post within the Miscellaneous Group classifications only.
Only those employees currently in Miscellaneous Group
classifications would be eligible for consideration,
utilizing Miscellaneous Group classifications seniority.
(2) When a permanent vacancy cannot be filled by the procedure in (1)
above, it shall be posted for seven (7) calendar days at fifteen
(15) mutually agreed upon plant locations.
(3) Permanent vacancies shall be awarded to the employee with the
most plantwide seniority in another classification, who is
qualified, and who has signed the posting. (Those people who wish
to cancel their bid must do so within four (4) calendar days from
the date that the posting is removed from the board. This
cancellation must be submitted to the Employment Department in
writing by 4:00 p.m. on the fourth day.)
Classification seniority will begin the date of the award. In the
event a grievance is filed concerning qualifications under the
preceding sentence it shall be initiated at and heard in the
Hourly Employment Department. The hearing may be attended by the
aggrieved employee and a member of the General Grievance
Committee. If the grievance is not settled satisfactorily it
maybe appealed to the Fourth Step in the Grievance Procedure. In
the event a dispute concerning qualifications is referred by
either party to Arbitration, the Impartial Arbitrator shall
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have the authority to render a decision based on the criteria
established by the Company.
(a) An employee who has been awarded a permanent vacancy shall
be transferred as soon as possible but not later than
thirty (30) days after the vacancy posting period has been
completed.
(b) An employee who has been awarded a permanent vacancy shall
be required to accept the vacancy.
(c) An employee awarded a vacancy shall be given a reasonable
length of time with proper instructions to learn the job.
If unable to learn the job he/she may return to his/her
last prior classification, displace the employee with the
least classification seniority and exercise bumping
privileges under the provisions of Section 6(c) of this
Article.
(d) When a permanent vacancy cannot be filled by the procedure
outlined above, consideration shall be given to a
qualified employee not on the active payroll but on an
active recall list. If an employee does not accept such
offer of a permanent vacancy in the classification
involved, he/she shall not be removed from the active
recall list(s) on which he/she presently appears.
(e) Employees awarded permanent vacancies shall be advised by
letter by the Employment Department within seven (7) days
after the posting has been completed.
(f) After vacancies have been awarded, a list of employees
awarded such vacancies shall be posted at each of the
fifteen (15) posting locations. These lists shall be
identified, showing the classification in which the award
was made. Copies of these lists shall be sent to the
Union.
(g) Any employee classified as an Operator who bids for and is
awarded a vacancy in another Operator classification or
Operator in Training classification shall be paid the
highest Operator in Training rate until completion of
training and qualified
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in the new Operator classification. Operators will be
given first preference for Operator or Operator in
Training vacancies.
(b) New Hires
The Company may hire and assign a newly hired employee(s) to fill the
vacancy or vacancies (first time placement only) until the next
realignment without posting the vacancy(s). Subsequent movements before
the next realignment shall be by contract.
(c) Addition to a Classification (Bid, Recall)
(1) When the Company determines that a personnel unit(s) is to be
added to a classification, the Company shall post a notice
designating the group(s) needing an increase in personnel units,
which may be signed by any employee in that classification. The
posting shall be for seven (7) calendar days on the Department
Bulletin Boards of those departments to which employees in the
classification are assigned.
(2) The employee(s) with the most classification seniority who has
signed the posting shall be moved into the designated group.
(3) The Company shall post again as in Item (1), and accomplish the
second movement as in Item (2).
(4) Regardless of classification seniority, the added employee in the
classification shall move into the group from which the employee
in Item (3) moved. However, when more than one employee is being
recalled to more than one group at the same time, the recalled
employees shall be canvassed in order of classification seniority
to determine preference among such groups.
(5) These movements resulting from any posting under Item (1) shall
be accomplished not later than the second Monday following the
determination of the moving employees under Items (2), (3), and
(4).
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(6) Not more than three permanent movements within a classification
shall result from each posting under Item (1).
(7) Refer to Memorandum of Understanding "Permanent
Movement, Reduction in Force (Assistant Boiler Operator -
Boiler Operator - Stationary Engineer) Steam Plant
Classifications," page 93.
(d) Returning to a Classification
When a personnel unit(s) returns to a classification under Section
5(b)(1) (Reduction in Force), under Section 6 (a)(3)C (return to last
prior classification) from a leave of absence, or from military service
as provided under Section 2(b), the returning employee shall return to
the group which he/she left. Should this create an excess in that group,
procedures outlined in Section 6(d) shall be followed.
(e) Permanent Movements Within a Classification
(1) When the Company determines that there is a need to increase the
personnel units in a group and to decrease the personnel units in
another group within the same classification, for a period in
excess of thirty (30) days, the Company shall post a notice
designating the groups involved which may be signed by any
employee in that classification.
(2) The employee with the most classification seniority who has
signed the posting shall be moved to the group in which the
Company indicated there is a need.
(3) The group in which the Company determined there is an excess
number shall be canvassed to determine if an employee in the
excess group desires to fill the vacancy created in Item (2). If
no employee elects to accept the vacancy, then the least senior
employee in the excess group shall move to any group where the
employee can displace an employee with less classification
seniority. The least senior employee in such group which has been
displaced shall be permitted to bump to any
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group in the classification where he/she can displace a less
senior employee. This procedure will continue until the need is
filled, but not for more than three bumps. If the need has not
been filled after three bumps have occurred, the employee
displaced by the third bump shall be assigned to the remaining
opening.
(4) In the event no one signs the posting under Item (1) and no
movement results under Item (2), then the excess group shall be
canvassed in order of classification seniority to determine if
anyone desires to accept bumping privileges. If no employee
elects this option then the least senior employee in the group
shall move to any group where he/she can displace a less senior
employee. If an employee in the excess group chooses to bump or
if the least senior employee in the excess group must bump, then
the least senior employee in the group which is displaced by the
movement out of the excess group shall be permitted to bump to
any group in the classification where he/she can displace a less
senior employee. This procedure will continue until the need is
filled, but not for more than three bumps. If the need has not
been filled after three bumps have occurred, the employee
displaced by the third bump shall be assigned to the remaining
opening.
(f) Temporary Movement Within a Classification
The following procedures are established which shall give consideration
to seniority in temporarily assigning employees among groups within each
classification:
(1) When assignments between established groups are to be made for
periods in excess of a partial workday, the selection of
employees for these assignments shall be made as follows:
A. The employees within the group(s) from which supervision
determines the assignment(s) can be made, but only those
who are then working, shall be canvassed in order of their
classification seniority. If no one desires to accept such
temporary
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assignment, the least senior employee(s) canvassed in each
such group shall be temporarily assigned.
(2) This procedure does not apply to any group(s) where the practice
has been to make daily assignments of work. However, groups shall
be identified or established to minimize the necessity for
temporary assignment between groups, as outlined in the letter of
intent dated May 2, 1972.
A one-time realignment will be conducted when an existing group
is redesignated for this purpose. New group(s) established for
this purpose will be filled under procedures in Section 6(d) of
this Article.
(3) An employee on a temporary assignment shall be returned to
his/her group when the temporary assignment is completed or the
need is permanently filled as provided elsewhere in Section 6.
(4) Refer to Letter of Intent, regarding groups to minimize temporary
transfers, page 94.
Section 7. Returning to the Bargaining Unit
(a) Salary - Hourly
Employees who leave the bargaining unit for a non-bargaining unit
position following the adoption of this agreement: 1) if they are
employees with less than one year of bargaining unit service, they are
without return rights on the basis of the bargaining unit service; 2) if
they are employees with one year or more of bargaining unit service,
they are with return rights on the basis of the bargaining unit service
if they remain in the non-bargaining unit position for less than 31
calendar days. The procedure for returning to the bargaining unit will
be in accordance with provisions of Article VIII, Section 6(a)(3)C. For
each day spent out of the bargaining unit, the employee losses one (1)
day of bargaining unit seniority.
(b) Temporary Supervision
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A bargaining unit employee may accept an assignment in a temporary
supervisory capacity for fifteen (15) accumulative days each contract
year without loss of seniority. Once an employee exceeds the fifteen
(15) accumulative days in one contract year he/she would be considered
the same as in paragraph (a) above.
(c) Temporary Instructor
A bargaining unit employee may accept an assignment as a temporary
instructor. These assignments are viewed differently than other
non-bargaining unit positions. Accordingly, paragraphs (a) and (b) above
do not apply to temporary instructors.
Section 8. Posting Criteria
A permanent vacancy posting for any classification listed in Appendix C shall
list the following: classification, rate range, and minimum of experience.
Postings under Section 6(b) and (d) for permanent movements within a
classification shall list the following: classification, department, shift,
group, immediate supervision, and current working schedule.
Section 9. Seniority List Distribution
Each six (6) months, sixteen (16) current copies of seniority lists, and each
month sixteen (16) supplemental lists of new employees shall be furnished the
Union General Grievance Committee.
Section 10. Realignment
(a) Determination
In January, the employees within each classification may have a
realignment. The Union shall determine whether 50% of employees within a
classification prefer a realignment. Such determination will be reviewed
with the Company.
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(b) Effective Date
(1) If the employee(s) within the classification prefers a
realignment, it will become effective the first full week in
March. The Union shall initiate a canvass of all employees in the
classification in order of their classification seniority to
record their preference for assignment among the groups within
the classification.
(2) The Company shall furnish to the Union the necessary canvass
sheets one week prior to the start of the canvass.
(3) Employees who are on official Leave of Absence or who are not in
the classification the Monday of the first full week of the
canvass shall not realign.
(4) To allow time for training that may result from realignment
movement, canvassing for mutually agreed upon classifications
will commence no later than December 1, and be completed within
thirty (30) calendar days. No employee shall be moved to a new
job until he/she has been adequately trained. Until trained for
the new position, an employee will not be placed on the overtime
list for the new position. The Company may assign employees for
training for up to forty (40) hours prior to movement to a new
position.
(5) Unless mutually agreed, the effective date of the realignment
shall be in accordance with paragraph (1) above.
(c) Canvass Sheet Designations
The classification realignment canvass sheets shall list and identify
all the groups within the classification and their respective
department, shift, immediate supervision, and current working schedule.
If there is a change in department, shift, general work content or
current working schedule of the above groups as determined by the
Company the employees in the affected group(s) shall be permitted a
bump, then the procedure outlined in Section 6(d)(4) of this Article
will be followed. If there
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is a disagreement over whether there is a change in the above, a
grievance may be initiated at Step 4 as outlined in Article VII, Section
4. The committeeperson will notify the affected supervisor of employees
who desire to exercise a bump.
Section 11. Placement of Occupationally Disabled Employees
When the Company determines that an occupationally disabled employee can perform
duties in his/her classification, the Division Committeeperson and respective
department manager shall agree upon a group within the employee's classification
in which such disabled employee shall be placed consistent with medical
restrictions as established by the Company Medical Department. Such group may be
considered an excess group and movements made as provided in Section 6(d) of
this Article. When such medical restrictions are removed by the Company Medical
Department, the employee shall be returned to the group he/she left. Should this
create an excess, procedures provided in Article VIII, Section 6(d), starting
with Item 3, shall be followed.
If agreement cannot be reached, the employee may be placed consistent with
his/her medical restriction. An employee placed consistent with this provision
will suffer no reduction in his/her rate as a result of his/her placement.
(Refer to Memorandum of Understanding entitled "Physical Examinations," page
95.)
ARTICLE IX
LEAVE OF ABSENCE
Section 1. Qualification and Reinstatement
(a) Personal Reasons
Except as stated in Section 1(e) of this Article, an employee may be
granted a leave of absence for personal reasons without pay up to
fifteen (15) days upon application to the Company in writing, provided
the employee presents evidence acceptable to the Company that such leave
of absence is for a reasonable purpose and provided further that such
leave of absence shall not unreasonably interfere with operations. Such
leave may be extended where necessary upon application for extension in
writing and upon presentation of
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evidence satisfactory to the Company that such extension is necessary,
provided such extension does not unreasonably interfere with operations.
(b) Occupational Disability
An employee shall be granted a leave of absence for the period of an
occupational disability upon approval of the Company Medical Department.
An employee who returns to work after a leave of absence for an
occupational disability shall be reinstated in the classification from
which he/she left provided he/she first obtains clearance from the
Company Medical Department.
(c) Non-occupational Disability
An employee shall be granted a leave of absence for the period of a
nonoccupational disability but not to exceed two years upon presentation
of evidence satisfactory to the Company. An employee who returns to work
after a leave of absence for a nonoccupational disability shall be
reinstated in the classification from which he/she left, provided first
medical clearance is obtained from the Company Medical Department.
However, an employee who is cleared for work, within a two-year period,
but is unable to perform the work in the classification due to a medical
restriction, as determined by the Company Medical Department, shall
exercise plantwide seniority to move into any classification which the
medical restriction permits, provided he/she is qualified. However, if
he/she elects not to exercise plantwide seniority to move, he/she may be
terminated for medical reasons. An employee who is not cleared to return
to work upon the expiration of a leave of absence for non-occupational
disability may be terminated for medical reasons after two (2) years.
(d) Dispute
In the event there is a disagreement between the Company Medical
Director and the employee's physician regarding the medical evidence
presented at the time of the employee's return from injury or illness,
at time of job transfer, or restriction from classification, the
question shall be submitted to a third physician selected by the two
physicians. The medical opinion of the third physician after examination
of the employee and consultation with the other two physicians shall
decide such question. The expenses of the third physi-
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cian shall be borne jointly by the Company and the Union. In the event
the third physician rules in favor of the employee, the employee shall
be made whole for all earnings and benefits lost as provided under
provisions of this Contract.
(e) Educational Exit
An employee may leave the employ of the Company after completion of one
(1) year continuous service and upon approval of the Company in order to
attend an accredited college or university, or a recognized trade or
vocational school and shall be reinstated upon application provided
he/she can qualify under the seniority rules, is physically capable of
performing the work required, is granted a clearance and applies for
reemployment within thirty (30) days after leaving the college,
university, or school. Trade or vocational school for purposes of this
clause is one which provides training or a course of study related to
jobs performed for the Company. The employee upon reinstatement shall be
given the service he/she had when he/she left the Company, plus time
spent in school, not to exceed four (4) years. The employee shall notify
the employer in writing of the name of the school, the date of entry,
and the expected length of the course of study. He/she shall confirm the
continuation of his/her school attendance at annual intervals
thereafter, subject to quarterly review. It is understood the employee
will not be eligible for any Company benefits while on an educational
exit. The employee must return to the active payroll before becoming
eligible for contractual benefits.
Section 2. Union or Government Official
(a) Union Official - Full Time
Upon written request to the Company made by the Union a reasonable
period in advance, an employee certified by the Union to be a full-time
Union official shall be granted a leave of absence without pay to engage
in work pertaining to the business of the Union. The number of employees
granted such leaves of absence shall not exceed four (4) at any time.
(b) Length of Leave
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Each such leave of absence shall be for a period no less than seven (7)
days and no longer than one (1) year, and shall be granted only at such
times as shall not unreasonably interfere with operations. Leaves of
absence shall not be renewable from year to year except as mutually
agreed by the parties.
(c) Elected Official - Full Time
Upon written request to the Company an employee shall be granted a leave
of absence to serve full-time in an elected or appointed Federal, State,
or Local government position for the duration of a single term of office
only.
(d) Security Identification
An employee granted such leave of absence must return all security
identification issued and shall be issued appropriate identification.
Section 3. Absence Notification
(a) Responsibility
An employee is responsible for notifying the Company, in advance, if
possible, when unable to report for work as scheduled, including the
reason thereof.
(b) Failure to Notify
An employee who is absent from work for five (5) successive scheduled
workdays without notifying the Company, shall be considered to have
resigned voluntarily.
Section 4. Failure to Report on Expiration
An employee who does not return to work by the fourth scheduled workday
following the expiration of a leave of absence or any extension thereof without
notifying the Company shall be considered to have resigned voluntarily.
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ARTICLE X
HOURS OF WORK
Section 1. Definitions
Workday means the 24-hour period beginning at 12:00 midnight.
Workweek means the 7-day period beginning at 12:00 midnight on Sunday.
7th Consecutive Day means the 7th consecutive workday in the workweek, i.e., the
24-hour period beginning at 12:00 midnight on Saturday.
Working Schedule means the hours of shifts to be worked by employees and the day
or days on which such shifts are to be worked.
Section 2. Standard Workday-Workweek
A standard day's work shall consist of eight (8) hours worked within a workday.
A standard week's work shall consist of five (5) standard day's work within a
workweek amounting to a total of forty (40) hours. (See also MOU re 10 and 12
Hour Shifts, pp. 122 and 124.)
Section 3. Working Schedule
(See also MOU re 10 and 12 Hour Shifts, pp. 122 and 124.)
(a) Shift Hours
The following shift hours are recognized as standard for regular
three-shift continuous operations: Day Shift - 8:00 a.m. to 4:00 p.m.;
Afternoon Shift - 4:00 p.m. to Midnight; Night Shift Midnight to 8:00
a.m.
(b) Rotating Shifts
Three-shift or continuous operations are scheduled to be manned by
groups or crews of employees designated as X, X, X, X xxx/xx XX, XX, CC,
DD Shifts
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who are scheduled in accordance with the annual working schedules
printed following the Appendices.
(c) X, Y, Z, Shifts
Three-shift rotating operations, Monday through Friday, are to be manned
by groups of crews of employees designated as X, Y, and Z shifts. Shift
hours are recognized as: day shift (8:00 a.m. to 4:00 p.m.); afternoon
shift (4:00 p.m. to 12:00 midnight); and night shift (12:00 midnight to
8:00 a.m.).
(d) "O" Shift
The following hours are recognized as standard for regular one-shift
operations: 7:30 a.m. to 4:00 p.m. on any day Monday through Friday.
This is designated as "O" Shift.
(e) Irregular Shift
An irregular shift is an eight-hour shift other than Day, Afternoon,
Night, or "O" Shifts. Irregular shifts may be established as required.
(f) "R" Shift
Except as otherwise required, "R" Shift is scheduled 8:00 a.m. to 4:00
p.m., Tuesday through Saturday.
(g) Trading Shifts
Employees may trade shifts or days off with the prior approval of their
respective supervision, and provided further that no overtime premium is
involved.
(h) Wash-up/Clothes Change
The Company shall continue its practices of allowing employees assigned
to red jobs a reasonable amount of time during working hours for wash-up
and/or clothes change activity required by the Company.
All other employees shall be ready to work at the start of their shift.
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Employees assigned to other than red jobs where coveralls are required
will be allowed no more than eighteen (18) minutes for wash-up and/or
clothes change activity to be taken at the end of the shift unless
otherwise permitted.
Other employees shall be allowed no more than twelve (12) minutes for
wash-up and/or clothes change activity at the end of the shift unless
otherwise permitted.
(i) Notification of Change
The Union shall be notified in advance when possible of any extended
change in the present working schedule; however, the provisions of this
Contract shall not be considered as a guarantee by the Company of a
minimum number of hours per day or per week or pay in lieu thereof, nor
a limitation on the maximum hours per day or per week which may be
required to meet operating conditions.
(j) Refer to Memorandum of Understanding "Shift Schedule Steam Plant (X-
600)," page 96.
Section 4. Overtime Opportunity
(a) Responsibility
It shall be the responsibility of supervision to keep overtime lists by
classification, group, department or departments, according to overtime
worked. Lists will be arranged by seniority, and overtime will be
offered to the most senior low-hour employee excluding those employees
working in a temporary supervisory capacity. Deviations from this
procedure will be considered proper and equitable if there is good
reason for such deviation and not more than sixteen (16) hours
difference among employees exists within an overtime list. There will be
no master list in classifications or departments which employ multiple
lists, except in those areas which employ the one-list concept. However,
the method of offering and charging overtime opportunities will be the
same. Any time an overtime list exceeds the sixteen (16) hour balance,
all employees out of balance will be charged and paid sufficient number
of hours to bring the list in balance.
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(1) A. Applicable overtime lists which have been established
shall be posted and kept up to date as overtime occurs.
B. Lists shall be posted in an accessible location to enable
employees to review.
(2) (Item 2) When determined during a shift that additional employees
are needed on the following shift, it shall be offered to those
who are currently working on their regularly scheduled shift.
(3) (Item 3) When determined during a working shift that additional
employees are needed on that shift, it shall be offered to those
who are normally scheduled to work on the oncoming shift.
(4) (Item 4) When determined that overtime shall be utilized to
supplement a regular weekly working schedule which cannot be
offered according to 2 and 3 above, it shall be offered as
established in the first paragraph of this section for
departments using a one-list concept, and departments using
multiple lists shall offer the overtime to individual(s) in the
group(s) currently performing the work who will be available.
(5) In offering overtime, it is understood the Items 2 (off-going
shift) or 3 (on-coming shift) shall not take precedence over Item
4 if applying Item 2 or 3 shall result in exceeding the sixteen
(16) hour difference between employees within a list.
(6) An employee moving to a new list shall be put on the list
according to classification seniority, and if the employee has
more hours than the maximum on that list, the hours will be
reduced to that maximum. When an employee has fewer hours than
the minimum on that list, the minimum hours on that list will be
assumed.
When an employee is neither higher nor lower, actual hours will
be carried to the new list.
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New employees, employees who return to the bargaining unit, and
employees who move from one classification to another, shall
assume the maximum number of hours on the overtime list on which
they have been placed.
(7) Each year after realignment, supervision may readjust the
overtime list for easier administration by reducing the hours of
the low-hour employees to zero (0) and reduce the remaining
employees by the same number of hours.
(8) Employees shall be contacted for overtime except for those on any
type of authorized leave of absence, including jury duty and
funeral leave. Employees who miss overtime because they are
absent for any reason, or who refuse when offered, or who are not
readily available by telephone, or working in a temporary
supervisory capacity, shall be charged overtime as having been
offered the overtime. Employees on any type of authorized leave
of absence, including jury duty and funeral leave, shall return
from leave in the same relative position within the overtime
group as when the absence began. If in offering overtime an
employee would exceed the sixteen (16) hour limit due to the fact
the employee is working the shift on which the overtime is being
worked, sufficient hours will be charged to keep the list in
balance.
(9) A minimum of 2.7 overtime hours shall be charged any time a pay
minimum or guarantee of 4 hours is involved. However, if no
guarantee is involved, then actual hours and tenths of an hour
shall be charged but not less than one hour.
(10) Each year in conjunction with realignment an employee may request
that his/her name be removed from the classification, department
or group overtime list for call-in purposes only, and in addition
once each year at the option of the employee have his/her name
either added to, or removed from the call-in overtime list by
written application to supervision.
(11) In order to resolve disputes which may occur in the application
of the overtime procedure, they shall first be reviewed by a
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joint Company-Union committee, made up of two Company and two
Union representatives. The establishing, combining, or
eliminating of overtime lists will also be subject to the
Committee review. Failure to resolve the issue will then make it
subject to the grievance procedure.
(12) Whenever overtime is to be offered, supervision has the option of
consulting the Committeeperson or Xxxxxxx and if agreement is
reached on who is to be contacted the Company will not be liable
for any misapplication.
(13) All overtime opportunities shall be charged when offered
(Reference paragraph (8) above). If an overtime opportunity is
cancelled, charged hours for that opportunity shall be removed.
No more than a maximum of eight hours shall be charged for any
one eight-hour work period.
(14) Classifications or groups may establish overtime practices that
are not addressed by contract language. However, such practices
may be established only by a consensus of two-thirds of the
affected classification(s) or group(s) and with the consent of
the appropriate supervision.
(15) An employee unable to move to his/her new job due to Article
VIII, Section 10(b)(4), shall remain on the overtime list of the
present job until he/she is adequately trained and moved to the
new job.
Section 5. Overtime or Premium Hours
(a) Duplication of Premium Hours
Overtime or premium payments shall not be duplicated for the same hours
under any of the terms of this Contract. Hours that are compensated for
as overtime or premium under one provision shall not be counted as hours
worked in determining overtime or premium compensation under the same or
any other provision, except as provided in Section 5(b). (Refer to MOU
regarding overtime opportunities for shift employees, page 97.)
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(b) Crediting of Hours
(1) Jury duty time, vacation, funeral absence, schedule change, Code
95 time, holiday worked, Reporting for Work, Section 12(a)(1)],
and 6th consecutive day worked, which are compensated for under
other appropriate provisions of this Contract shall be credited
as hours worked in computing overtime and in determining days
worked for 6th and 7th consecutive day application, except that,
to avoid duplication, there shall be credited only eight (8)
hours for any one calendar day.
(2) Holiday not worked but paid shall be credited in the same manner.
(c) Offsetting Overtime Hours
An employee shall not be required to take off a corresponding amount of
time before the end of his/her regular shift or in any subsequent
scheduled workday in the same workweek to offset any overtime worked.
Section 6. Transportation
The Company shall continue its practice of arranging transportation home for
employees who work overtime without sufficient prior notice thereof.
Section 7. Overtime or Premium Payments
(a) Time and One-Half
An employee shall be paid at the rate of one and one-half (1-1/2) times
base hourly rate of pay and at the rate of one and one-half (1-1/2)
times any applicable shift differential for:
(1) All hours worked in excess of eight (8) hours in any twenty-four
(24) hour period or for all hours worked in excess of forty (40)
hours within the workweek, whichever method of computation
provides at the end of the workweek the greater total pay to the
employee. (Also see MOU 10 and 12 Hour Shifts, pp. 122 and 124.)
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(2) All hours worked on the sixth (6th) day worked in a workweek,
provided he/she has worked or is credited with a minimum of four
(4) hours in each of the preceding five (5) workdays of that
workweek. (Refer to MOU regarding overtime opportunities for
shift employees, page 97.) (Also see MOU 10 and 12 Hour Shifts,
pp. 122 and 124.)
(3) Schedule change, payment for the first eight (8) hours worked on
a new schedule except when such change is made at the request of
or for the convenience of the employee or unless notified thereof
in the preceding workweek of a change in an employee's working
schedule from one shift to another, from one roll-out day to
another, or in scheduled vacation.
(b) Two Times
An employee shall be paid at the rate of two times base hourly rate of
pay and at the rate of two times any applicable shift differential for:
(1) All hours worked in excess of sixteen (16) continuous hours,
exclusive of the non-paid lunch period for "O" Shift, and for all
hours worked on the seventh (7th) consecutive day worked in a
workweek, provided he/she has worked or is credited with a
minimum of four hours in each of the preceding six workdays of
that workweek. (Also see MOU re 10 and 12 Hour Shifts, pp. 122
and 124.)
(2) Schedule change, if such change results in more than eight (8)
hours worked in a 24-hour period or more than forty (40) hours
worked in a workweek, except when such change is made at the
request of or for the convenience of the employee.
(c) Two and One-half Times
An employee shall be paid at the rate of two and one-half (2-1/2) times
base hourly rate and at the rate of two and one-half (2-1/2) times any
applicable shift differential for:
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(1) All hours worked on a day observed as a holiday.
(d) Holiday Call-in
An employee who is required to work on a holiday that was scheduled as a
day off shall be paid eight (8) hours at base hourly rate, and shall be
paid at the rate of two (2) times base hourly rate and (2) times
applicable shift differential for all hours actually worked up to and
including eight (8). All hours worked in excess of eight (8) shall be
paid under Section 7(c).
(e) Special Consideration-Credited Hours
As an exception to premium payment for hours not worked and for the
express purpose of compensating an employee who works an overtime
opportunity on his scheduled day(s) off and has prescheduled vacation,
jury duty or funeral absence on the sixth or seventh workday of the
workweek, all hours worked or credited over forty (40) hours will be
paid in accordance with the sixth and seventh workday principle. (Also
see MOU re 10 and 12 Hour Shifts, pp. 122 and 124.)
(f) Temporary Work Assignments
An employee who at the request of the Company is temporarily required to
work in a classification other than his/her own shall be paid at the
rate of one and one-half (1-1/2) times of either the employee's rate of
pay, or the rate of the classification to which he/she is assigned,
whichever is higher, and at the rate of one and one-half (1-1/2) times
any applicable shift differential for all time spent performing such
work except in those situations which have been established by
long-standing past practice, in emergencies, or when the assigned
classification is not available for call-in.
An employee assigned under long-standing past practice, in emergencies,
or when the assigned classification is not available for call-in, shall
suffer no reduction in rate of pay. When assigned temporarily to do work
in a classification having a higher labor grade, the employee shall be
paid the maximum rate of the higher labor grade.
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(g) Mis-assigned Work
In cases where the Company and the Union mutually agree that work was
mis-assigned, the classification whose work was mis-assigned shall be
paid one-half straight time base hourly rate for the actual time
required to perform the work. The classification who performed the work
shall no longer be paid.
Section 8. Holidays
(a) Eleven Holidays
The following holidays shall be observed: New Year's Day, Good Friday,
Memorial Day, Independence Day, an additional holiday which shall be the
day related to Independence Day, Labor Day, Columbus Day, Thanksgiving,
the day after Thanksgiving, Christmas, and a day related to Christmas.
The additional holiday shall be observed on a day Monday through Friday
as mutually determined. An employee may take either Xxxxxx Xxxxxx Xxxx,
Xx.'s birthday or the holiday related to Independence Day as his/her
eleventh holiday. Designation of the holiday to be taken must be given
to appropriate supervision by the end of December preceding the calendar
year during which holidays are to be observed. Xxxxxx Xxxxxx Xxxx, Xx.'s
Birthday is observed on the third Monday in January.
(b) Saturday/Sunday
Should one of these holiday fall on a Sunday, the following Monday shall
be observed as the holiday, and work on such Sunday shall not be
compensated for under the holiday pay rules. Should one of these
holidays fall on a Saturday, the preceding Friday shall be observed as
the holiday and work on such Saturday shall not be compensated for under
the holiday pay rules.
These changes shall not apply for X, X, X, X xxx/xx XX, XX, CC, DD
shifts as holidays will be scheduled on work days.
(c) Not Worked
An employee who is not scheduled to work on a day observed as a holiday
or who is scheduled to work and reports off before the start of the
shift due to illness shall be paid an amount equal to eight (8) times
base hourly rate,
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provided he/she works a minimum of eight (8) hours in the week in which
the holiday is observed or is absent because of funeral leave, jury
duty, military leave, Code 95 (for negotiation meetings only), or on an
approved vacation for any other day(s) of such week. However, duplicate
payment shall not be made for holidays except as provided in Article
XIII, Section 5. This provision does not apply to an employee who
reports for work after being hired or recalled in the week of, but
subsequent to, a holiday.
Section 9. Shift Differential
(a) Afternoon/Night
A shift differential of forty cents (40(cent)) per hour shall be paid
for work performed between the hours of 4:00 p.m. and midnight. A shift
differential of seventy cents (70(cent)) per hour shall be paid for work
performed between the hours of midnight and 8:00 a.m., exclusive of work
performed on "O" Shift. (See also MOU re 10 and 12 Hour Shift, pp. 122
and 124.)
(b) Exclusion of Payment
Shift differential shall not be paid for hours paid for but not worked.
Section 10. Weekend Bonus
An employee who works Saturday and/or Sunday shall receive an additional forty
cents (40(cent)) per hour for such hours worked on Saturday and sixty cents
(60(cent)) per hour for such hours worked on Sunday. In no case shall such
payments be applied to hours not worked. (See also MOU 10 and 12 Hour Shifts,
pp. 122 and 124.)
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Section 11. Lunch Period
(a) Non-paid Lunch Period
Employees working on shifts designated as "O" shall have a non-paid
lunch period of thirty (30) minutes to begin not earlier than three and
one-half (3- 1/2) hours or later than five (5) hours after the shift
begins. For a lunch period outside these hours an additional thirty (30)
minutes at base hourly rate shall be paid. If such employees are not
permitted a lunch period during the "O" shift, they shall be paid at
time and one-half (1-1/2) base hourly rate plus time and one-half
(1-1/2) applicable shift differential for the time worked in excess of
eight (8) hours. (See also MOU 10 Hour Shift, pp. 122.)
(b) Paid Lunch Period
Employees working on shifts designated as Day, Afternoon, Night, "R," or
Irregular shall have no time deducted for a lunch period which shall be
as short as possible.
(c) Meal Allowance Premium
An employee who is required to work overtime and who works ten (10) or
more continuous and successive hours (excluding the lunch period of an
"O" shift worker) shall be paid a meal allowance of four dollars and
twenty-five cents ($4.25) which shall be included in the regular
paycheck. An additional meal allowance shall be allowed for each four
(4) hours of consecutive work performed thereafter. (See also MOU re 10
and 12 Hour Shifts, pp. 122 and 124.)
(1) No time shall be deducted for lunch periods during such overtime
work, it is being understood that they shall be made as short as
possible.
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Section 12. Minimum Guarantee Payments
(a) Reporting for Work
(1) An employee who reports for work at the start of his/her regular
shift or at the time appointed by the Company without previously
having been notified not to report, shall be given at least four
(4) hours work, or if no work is available, four (4) hours pay at
base hourly rate, except that if work is unavailable as the
result of causes beyond the control of the Company, it shall not
be so obligated.
(2) Failure on the part of an employee to keep the Company informed
of a current address and telephone number shall relieve the
Company of its responsibility under this section of the Contract.
(b) Work Before Shift Start
An employee required to report for work before the regular scheduled
starting time shall receive not less than four (4) hours pay at base
hourly rate or pay at one and one-half (1-1/2) times base hourly rate
plus one and one-half (1-1/2) times applicable shift differential as
overtime pay for such work is performed, whichever is greater.
(c) Work After Shift Ends
(1) An employee required to work overtime beyond the end of his/her
scheduled shift, shall receive not less than four (4) hours pay
at base hourly rate or one and one-half (1-1/2) times base hourly
rate plus one and one-half (1-1/2) times applicable shift
differential for such work performed, whichever is greater.
(2) It is understood that (1) above does not apply to an employee who
may be required to remain on assignment due to the absence or
tardiness of another employee who is scheduled to relieve
him/her, or to an employee who is held on the job up to the end
of the scheduled shift.
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(d) Emergency Call-In
An employee who has left the plant and is called in by the Company to
perform work shall receive not less than four (4) hours pay at base
hourly rate or pay at one and one-half (1-1/2) times base hourly rate as
overtime pay for such work performed, whichever is greater. If the work
is performed on a day observed as a holiday which the employee was not
scheduled to work this guarantee shall be in addition to holiday pay.
(e) Required Training
An employee required to report to plantsite or stay beyond his/her
regularly scheduled shift for training purposes shall be entitled to
the minimum guarantee of four (4) hours base hourly rate or actual hours
worked at one and one-half (1-1/2) base hourly rate, whichever is
greater.
Section 13. Jury Duty Pay
Any employee who is required to serve on a municipal, county, or federal, jury,
or grand jury, shall be paid the base hourly rate for the time lost from the
regularly scheduled work shift by reason of such service subject to the
following provisions:
(a) Notification of Supervision
Employees must notify their supervision within 24 hours after receipt of
notice of selection for jury duty.
(b) Eligibility
In order to be eligible for such payments, the employee must furnish a
written statement from the appropriate public official showing the date
and time served and the amount of pay received.
Section 14. Funeral Pay
An employee who is excused from work because of the death of a member of his/her
immediate family shall be paid at base hourly rate for time missed up to a
maximum of three (3) consecutive scheduled workdays. For the purpose of this
section, the
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term "a member of the immediate family" shall be defined as and be limited to
the following: spouse, children, stepchildren, parents, stepparents,
grandparents, grandchildren, brothers, stepbrothers, sisters, stepsisters,
sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law, parents-in-law
of the employee, grandparents-in-law, and, if they reside in the employee's
household, other dependent relatives.
Section 15. Military Pay
An employee who has completed his/her probationary period, who is a member of a
reserve component of the Armed Forces and who is required to enter upon active
annual temporary training duty, or temporary special service, shall be paid the
difference between the amount of base pay received from the Federal or State
Government for such duty and the employee's base hourly rate for the time lost
while on such duty up to a maximum period, beginning with the first regularly
scheduled workday missed, of twenty-eight (28) calendar days per year. This
includes one (1) weekend training period per calendar year subject to the
maximum of twenty-eight (28) calendar days per year. Reimbursement is subject to
the following provisions:
(a) Orders
An employee must submit to supervision, as soon as possible after
receipt, evidence of orders to report for training.
(b) Statement of Service
When the employee returns to work he/she must submit to supervision a
statement supporting payment for such duty.
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(c) Hours not Credited
Time off from work paid for under this section shall not be counted as
hours worked in the computation of overtime or premium pay.
(d) Exclusions in Determining Payment
Such items as subsistence, rental, travel allowance and pay for
non-scheduled work-days, shall not be included in determining base pay
received from Federal or State governments.
ARTICLE XI
WAGES
Section 1. Base Hourly Rates
The base hourly rates and labor grades as set forth in Appendix D and the job
classifications listed in Appendix C, which have been fixed on a permanent
basis, shall remain in effect for the duration of this Contract, unless revised
by the Joint Classification Committee.
Section 2. Rate Changes
An employee shall receive automatic rate increases from the starting rate to and
including the maximum rate of the labor grade in the amount and at the
completion of each period of service indicated in Appendix D, except as provided
below:
(a) Time Excluded
Period of service shall exclude any absence for which a leave of absence
is granted.
(b) Withheld
Unsatisfactory work performance may be cause for withholding an
automatic increase. Facts concerning such action shall be furnished in
writing to the
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employee affected. The withholding of an automatic increase can be a
proper subject for the Grievance Procedure.
(c) Advanced
Supervision may approve increases before the completion of any period of
service or to the next step rate within the rate range of the labor
grade as indicated in Appendix D.
(d) Progression Period
Each increase starts a new period of service for progression to the next
step rate within the rate range of the labor grade, measured from the
effective date of such increase.
(e) Effective Date
Automatic rate changes shall become effective on Monday of the week in
which the new rate is established.
Section 3. Classification Change
(a) Higher Labor Grade
An employee who moves to a classification having a higher labor grade
shall begin at the starting rate of the higher labor grade. However, if
such starting rate is the same as or less than the existing rate, he/she
shall begin at the next step rate of the higher labor grade above the
existing rate, but not to exceed the maximum.
An employee who returns to a higher classification under the following
conditions:
(1) previously held and had obtained maximum rate for that
classification,
(2) returned by job bid shall assume the current maximum rate for
that classification. However, should the employee be unable to
perform the job during an acclamation period because of
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lack of job expertise or knowledge from not working in the
classification for period of time, the employee may have his/her
rate reduced and applied in accordance with Article XI, Section
3(a), unless supervision determines otherwise. (Language taken
from MOU, p. 141 of 1985 Contract.)
(b) Same Labor Grade
An employee who moves to another classification within the same labor
grade shall retain his/her existing rate and maintain credit for service
for progression in that same labor grade without reduction.
(c) Lower Labor Grade
An employee who moves to a classification having a lower labor grade
shall begin at the maximum rate of the lower labor grade or his/her
existing rate, whichever is the lower.
(1) Rate changes shall become effective on the first day of work in
the new classification.
(2) An employee awarded a vacancy in a trainee or 2nd Class
classification who, in the opinion of the Company, is capable of
performing the duties of the next higher classification, may
become eligible for transfer to that classification in less than
one (1) year.
Section 4. Recall to Classification
An employee recalled to a classification shall assume a rate at the same
relative position in the rate range as established when placed on the recall
list for such classification.
Section 5. Special Shift Change Allowance
Refer to Memorandum of Understanding, "X-326 Shift Change, Computer Based
Integrated Security System (CBISS)", page 98.
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ARTICLE XII
LAYOFF ALLOWANCE
Section 1. Eligibility
(a) Employees who are laid off by the Company on account of a reduction in
force shall be paid a layoff allowance in accordance with the
eligibility schedule in paragraph (c) below.
(b) Employees terminated for medical reasons who do not qualify for benefits
(excluding vested pensions) under the pension plan referred to in
Article XIX or who are laid off without recall rights, shall be paid a
termination allowance in accordance with the eligibility schedule.
(c) Layoff Allowance Eligibility Schedule
CONTINUOUS SERVICE ALLOWANCE
-----------------------------------------------------------------------------
Less than 3 months No allowance
-----------------------------------------------------------------------------
3 months but less than 1 year 1 week (or 40 hours)
-----------------------------------------------------------------------------
1 year but less than 3 years 1-1/2 weeks (or 60 hours)
-----------------------------------------------------------------------------
3 years but less than 5 years 2-1/4 weeks (or 90 hours)
-----------------------------------------------------------------------------
5 years but less than 7 years 3 weeks (or 120 hours)
-----------------------------------------------------------------------------
7 years but less than 10 years 7 weeks (or 280 hours)
-----------------------------------------------------------------------------
10 years but less than 11 years 8 weeks (or 320 hours)
-----------------------------------------------------------------------------
11 years but less than 13 years 9 weeks (or 360 hours)
-----------------------------------------------------------------------------
13 years but less than 15 years 10 weeks (or 400 hours)
-----------------------------------------------------------------------------
15 years but less than 17 years 11 weeks (or 440 hours)
-----------------------------------------------------------------------------
17 years but less than 18 years 11-1/2 weeks (or 460 hours)
-----------------------------------------------------------------------------
18 years or more Same as for 17 years plus 1/2 week (20
hours) for each added year of service
-----------------------------------------------------------------------------
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Section 2. Occupational Disability
An employee who is terminated by the Company on account of reduction in force,
who during the course of employment has suffered an occupational disability (as
defined in Article XVII, Section 4) for which the Industrial Commission of Ohio
has awarded a permanent partial disability of 50% or more prior to the time of
termination, shall receive an additional layoff allowance equal to the schedule
in Section 1. Such employee shall be deemed to have no right to further
employment with the Company.
Section 3. Payments
Calculation of payments under Section 1 above shall be based on the employee's
base hourly rate at time of layoff.
Section 4. Recall Eligibility
An employee on layoff who is recalled and subsequently laid off will have
his/her layoff allowance computed based on his/her most recent recall date plus
any unused portion previously earned.
Section 5. Successor Clause
If, for any reason, Lockheed Xxxxxx Utility Services, Inc., ceases to operate
the Portsmouth Gaseous Diffusion Plant, and another Company commences operating
the Plant, the provisions of this Article will not apply to those employees
hired by the new operating company within fifteen (15) calendar days of the date
Lockheed Xxxxxx Utility Services, Inc., ceases to operate the Plant; provided
Lockheed Xxxxxx Utility Services, Inc., will pay such transferred employees the
difference, if any, between layoff allowance otherwise due under this Article
and the layoff allowance for which the new operating company immediately
recognizes them as being eligible in the event of future layoff by that company.
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ARTICLE XIII
VACATIONS
Section 1. Eligibility
An employee shall be entitled to a vacation with pay in each calendar year
worked, based upon the length of continuous service, in accordance with the
following schedule:
(a) One (1) year but less than five (5) years of continuous service - ten
(10) workdays of vacation.
(b) Five (5) years but less than ten (10) years of continuous service -
fifteen (15) workdays of vacation.
(c) Ten (10) years but less than twenty (20) years of continuous service -
twenty (20) workdays of vacation.
(d) Twenty (20) years but less than twenty-five (25) years of continuous
service - twenty-five (25) workdays of vacation.
(e) Thirty (30) years or more continuous service - thirty (30) workdays of
vacation.
However, this change shall not affect the vacation eligibility of
present employees on April 1, 1996. (Reference 1988 Contract, pg. 73.)
An employee must complete the full minimum continuous service requirements
before becoming eligible to take a vacation or additional vacation.
Section 2. Extended Working Schedule
If a department is on an extended working schedule at the time a vacation is
taken, the vacation pay shall be consistent with the employee's department's
extended working schedule. However, an employee shall not be charged more than
five (5) days vacation for any one workweek. An employee who is on vacation
shall receive the base hourly rate at the time the vacation was taken for each
hour of vacation for which qualified.
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Section 3. Vacation Period
The vacation period shall be on a calendar year basis from January 1 to December
31 inclusive. All vacation shall be taken within the vacation period, except
that an employee may defer vacation until the next vacation period.
Section 4. Deferred Vacation
An employee may defer his/her vacation only until the end of the following
vacation period. Any employee who is unable to take any deferred vacation due to
occupational or non-occupational disability will be paid for any unused portion
thereof.
Section 5. Holiday During Vacation Period
If a day observed as a holiday occurs during an employee's vacation, such
employee shall receive eight (8) hours pay at base hourly rate in addition to
vacation pay, and may elect to take a day of excused absence without pay,
consecutive with the vacation, provided such additional day of absence is
scheduled in advance.
Section 6. Scheduling
Vacations are scheduled by the Company to be taken during the vacation period.
Preference within a department, shift, or group as to dates shall be given on
the basis of classification seniority, provided such preference is indicated
prior to April 1. It is understood that such preference shall include vacation
deferred from the preceding vacation period. An employee entitled to vacation
may divide the vacation days into portions, some of which may be one-half day
portions, in accordance with the following schedule:
(a) Less than five (5) years continuous service - 2 days
(b) Five (5) years continuous service but less than ten (10) years
continuous service - 4 days
(c) Ten (10) years or more continuous service - 5 days.
Section 7. Existing Employees
An employee who is laid off, released, discharged, or who resigns, shall be paid
for vacation earned but not taken at the time employment is terminated.
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Section 8. Deceased Employees
In the event an employee who is entitled to a vacation dies before taking that
vacation, the person designated as beneficiary of his/her group Life Insurance
shall be entitled to the vacation pay in the manner permitted by law.
Section 9. Occupational Disability-Eligibility
An employee who loses time from the active payroll due to an occupational
disability shall not have vacation reduced because of time lost due to such
disability, but shall be entitled to take vacation after returning to work.
Section 10. Retirees - Pro Rata Vacation
A. Vacation pay at time of retirement
Vacation hours remaining may, at the employee's option, be taken as time
off or paid in a lump sum at retirement. In addition, the employee will
receive a lump sum payment for a pro rata portion of the following
year's vacation based upon the number of full months elapsed prior to
the employee's retirement date.
The fraction of a pro rata portion to be paid is determined by dividing
by 12, the number of full months from January 1 to the date of
retirement.
Exceptions to the general rule governing the calculation of pro rata
vacation are:
1. If, because of leave of absence, the employee has not worked
during the year in which retirement occurs, the employee
nevertheless is eligible for pro rata vacation pay. This pay is
determined by the number of full months elapsed from the first of
the year in which the employee last worked until the start of the
absence.
Since the employee has not worked during the year in which
retirement occurs, no current year's vacation is due.
2. If the employee has worked during the year in which retirement
occurs but was on leave of absence for a period immediately
preced-
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ing retirement, any period of such leave of absence which equals
one or more full months is to be deducted in calculating the pro
rata vacation payment. (Note: Reinstatement from leave of absence
for vacation does not constitute "working").
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ARTICLE XIV
HEALTH AND SAFETY
Section 1. Health & Safety Program
(a) The parties agree that health and safety is of the highest priority. The
Union and Company recognize the importance of maintaining a safe and
healthful work environment and shall cooperate to further improve the
health and safety programs and to encourage employees to follow safety
policies and procedures as established in order to achieve these
objectives. The Company has adopted and will maintain an ongoing ALARA
program.
(b) The Company is responsible for maintaining a safe and healthful work
place. The Company shall maintain a monitoring program that effectively
determines exposure levels to all chemicals or physical agents which are
known to be hazardous in the work place. The present practice of
providing the Union with copies of monitoring reports shall be
continued. Results of such surveys will be made available to employees
who request such information through their supervision.
(c) Employee(s) may present to appropriate supervision or through the
suggestion system their recommendations in writing on matters relative
to safe, sanitary, and healthful working conditions. They will be
advised in writing of the disposition of such written recommendations
and may discuss such written recommendations with their Shift Safety
Representatives.
(d) No employee shall be required to perform work under conditions which are
unsafe beyond the normal hazards of the operation in question. In such
cases, the employee may, after discussing the matter with supervision,
contact the Shift Safety Representative to discuss the problem. If the
problem is not resolved with the employee's immediate supervision, the
Shift Safety Representative may contact the Plant Shift Superintendent
and/or Subdivision Superintendent for a decision. This decision of the
Plant Shift Superintendent and/or Subdivision Superintendent may be
reviewed by the Company-Union Health and Safety Committee. Any health or
safety problem can be a proper subject for the grievance procedure after
it has first been reviewed by the Company-Union Health and Safety
Committee.
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(e) All employees shall be given Health and Safety training appropriate to
their work environment.
(f) The Company/Union Health and Safety Committee members shall receive not
less than five (5) days of approved training each calendar year.
Section 2. Shift Safety Representative
(a) One employee from the Union from each of the rotating shifts, straight
afternoon, and "O" Shifts shall be designated as a Shift Safety
Representative. When a rotating shift or straight afternoon shift Safety
Representative is absent from the plant for any reason, the Company
shall recognize an alternate certified by the Union. When an "O" Shift
Safety Representative is absent from the plant an alternate may be
recognized for full-time basis only as specified in the Memorandum of
Understanding - "O" Shift Safety Representative (reference p. 99).
Section 3. Company-Union Health and Safety Committee
(a) A joint Company-Union Health and Safety Committee shall be established
to consider health and safety matters of mutual concern and make
appropriate recommendations. The Committee shall consist of ten (10)
members; five (5) members to be selected by the Company, and five (5)
members to be selected by the Union, of which four (4) members shall be
selected from the Safety Representatives and the fifth (5th) member
shall be either the President or the Vice-President. In the absence of
any Union member of the Committee the Company shall recognize an
alternate certified by the Union who shall attend that meeting of the
Committee. Union attendance at such meetings may consist of the "O"
Shift representative and alternate, appropriate rotating shift
representative and alternate, and Union President or Vice-President.
(1) Meetings may be held monthly as determined by the Committee.
(2) One (1) of the ten (10) members of the Committee shall act as
Secretary and the minutes of the meeting shall be in agreement
prior to publication.
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(3) Distribution of the minutes of each meeting of the Committee
shall include each Shift Safety Representative, the President,
Vice-President, each Committeeperson, and each employee whose
suggestion or complaint was discussed during the meeting.
(b) (1) The control of radiation and toxic chemical exposure to LMUS
employees to levels "As Low As Reasonably Achievable" (ALARA)
is a commitment of the LMUS health protection program. In
recognition of the understanding, input, and commitment required
of all employees for an effective program, a Union-Company
LMUSRTM Committee is established. This committee will provide a
cooperative forum for the maintenance of a positive health
promotion program. It will consist of four (4) members: two (2)
LMUS employees from the Union and two (2) LMUS employees from the
Company. One of these members should be the "O" Shift Safety
Representative.
(2) This committee will review various aspects of employee exposure
relative to work activities and will develop ALARA
recommendations to be presented to LMUS management. These
recommendations may encompass broad areas, such as PAL dose
guidelines, engineering controls, and work practices.
(3) A joint review by the President of OCAW, Local 3-689, and the
Director of Human Resources will be conducted quarterly to help
ensure that LMUSRTM committee recommendations constructively
strive to address those concerns.
(4) The Company recognizes that the role of the Union in health and
safety matters is strictly an advisory one. (Language taken from
MOU regarding Formation of Radiation/Toxic Material Committee, p.
142 of 1985 Contract.)
Section 4. Safety Equipment & Devices
(a) Clothing
The Company shall continue to make provisions for the safety and health
of employees while at work. The Company shall continue its practice of
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providing safety equipment and devices and such clothing (including
shoes) as the Company requires employees to wear for their own
protection. The term "requires" as used herein does not imply that the
present policy of making clothes available on certain specified jobs
shall be changed.
It is intended, however, that the present policy shall remain flexible
to meet changing conditions.
(b) Prescription Glasses
The Company shall continue to furnish prescription safety glasses
(tinted or otherwise) to employees as required by job assignment or a
prescription approved by an ophthalmologist.
(c) Lockers Provided-Red Job Assignments
Employees assigned to red jobs shall upon request be provided with two
(2) lockers.
Section 5. "Guide to Safety" Booklet
The Company will provide each employee a booklet entitled "Guide to Safety"
which allows an employee to familiarize him/herself on matters related to
safety.
The booklet generally discusses the hazards associated with mechanical,
electrical, chemical, and radiological safety and identifies hazards associated
with each, and the proper safety precautions to be taken. Listed in the "Guide
to Safety" are the Plant Allowable Limits (P.A.L.), as established by the
Company, for radiological hazards along with the dangerous properties of gases,
acids, and miscellaneous chemicals used at LMUS.
These values are not considered maximum limits but represent the point beyond
which certain protective action, such as the use of personal protective gear,
establishing of exposure time limits, etc., should be taken. These values meet
all established Federal Standards and Regulations.
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Section 6. Medical
(a) Records
Records relating to the radiation exposure of employees shall be maintained by
the Industrial Hygiene and Health Physics Department. Such records shall be made
available to the employee upon written request, or as required by DOE
regulations.
(b) Physical Examination
1. Employees shall be scheduled for routine physical examination in
the Medical Department each two (2) years on an optional basis.
Because of work assignment, some employees may be scheduled for
required physical examination more often if deemed necessary by
the Medical Department. This may include invivo counting. The
employee shall be verbally informed of the results of such
examinations by the Medical Department. Upon a written request of
the employee the results of an examination shall be mailed to
his/ her personal physician.
2. If the required periodic comprehensive physical examination
discloses a medical disability (other than one caused by a
non-occupational injury) which is disqualifying, in the judgement
of the Medical Department as to the job then held by the
employee, but not as to some other job or jobs, to be transferred
to a job consistent with his/ her medical restrictions and
consistent with his/her length of service.
3. While in such other job, the employee's rate of pay shall be the
applicable rate of the job held by him/her at the time of
disqualification or the rate of the job to which he/she has been
transferred, whichever is the higher.
4. Should the disability be determined by the Medical Department on
the basis of the finding of the employee's private physician --
i.e., should such a finding be accepted by the Medical Department
in lieu of undertaking its own required periodic comprehensive
physical examination - the rate-retention provisions set forth
above shall apply equally to that disability.
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5. When, in the judgment of the Medical Department, the employee's
medical disqualification no longer exists, the employee may be
reassigned to a job consistent with his/her seniority rights and
shall therewith lose the above-specified rate protection.
Section 7. Miscellaneous
In order to provide for increased Union participation in the planning and review
of the health and safety program, the Company shall:
(a) Conduct informal weekly meetings between the Safety Department staff and
rotating shift safety representatives currently working Day Shift to
provide continual update and improved communications.
(b) Provide for the "O" Shift Safety Representative to participate in the
scheduled Comprehensive Building Inspection Program to evaluate health
and safety status.
(c) The Company shall maintain a safety reference room, containing safety
information, which will be made available for use, during "O" shift, by
the Company-Union Health and Safety Committee members.
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ARTICLE XV
JOB DESCRIPTIONS
Section 1. Agreement
The agreed upon job descriptions are a part of the Contract. They describe in
general terms the general duties, responsibilities, and job content of each of
the classifications established in Appendix C.
Section 2. Past Practice
As these job descriptions are general in nature, there shall occur some tasks
which are not specifically listed in any of the classifications. There shall be
no change as to which classification performs certain work, which has been
established by clear past practice, unless changed by the Joint Classification
Committee. Unresolved disputes concerning the assignment of unlisted tasks are
subject to the Grievance Procedure beginning at Step 4.
Section 3. Joint Classification Committee
A Joint Classification Committee composed of three (3) members each from the
Company and the Union is established. This Committee shall evaluate and approve
new classifications, modifications and deletions of classifications in Appendix
C during the term of this Contract.
A Joint Classification Committee will review and approve job descriptions and
rate evaluations as well as defining the assignment of unlisted tasks to the
appropriate classification or classifications.
New classifications or changes in classification will not be implemented without
the approval of two members representing each party.
Section 4. Memoranda of Understanding
Reference MOU "Emergency Medical Technician-Ambulance, EMT-A
Requirements," p.100.
Reference MOU "New Electronic Mechanic Classification," pp. 101.
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Reference MOU "New Instrument Mechanic Classification," pp. 103.
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ARTICLE XVI
MISCELLANEOUS
Section 1. Work by Non-Bargaining Unit Personnel
(a) Definition
Non-bargaining unit personnel shall consist of any individual in the
employ of Lockheed Xxxxxx Utility Services, Inc., who is not represented
by Local 3- 689,OCAWIU.
(b) Emergency-Instructional
Non-bargaining unit personnel shall not do work normally performed by
the bargaining unit. This does not prevent such non-bargaining unit
personnel from performing necessary functions such as operating
equipment or processes in emergencies or from instructing employees.
(c) Experimental
Development personnel engaged in work of a development or experimental
nature may perform manual work provided that such work does not deprive
bargaining unit employees of work normally done by bargaining unit
employees.
Section 2. Payday
Tuesday is the regular payday for the workweek ending ten days prior thereto.
Weekly paychecks or direct deposit advice statements will be delivered to
employees by U.S. mail. The Company shall continue to permit employees whose
vacations are scheduled not less than two weeks in advance to be paid their
vacation pay on their last scheduled workday prior to the start of such
vacation.
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Section 3. Bulletin Boards
The Union shall be permitted the use of a sufficient number of designated
Company bulletin boards for notices and announcements of official business. All
such notices and announcements shall be submitted to the Company for approval
and posting.
Section 4. Union Representatives-Plant Supervision
The Union agrees to furnish the Company with a current list of its accredited
representatives. The Company agrees to furnish the Union with a current list of
supervision concerned with the administration of the provisions of Article VII.
Revisions to such lists are to be furnished as changes are made by either party.
Section 5. Working Shift-Union Representatives
The Company agrees to allow the Local Union President and the members of the
General Grievance Committee to work on day shift, as long as each is serving in
such representative capacity.
Section 6. Non-Discrimination
No employee shall be discriminated against by reason of race, religion, color,
national origin, sex, age, handicap, or veteran status.
Section 7. Written Notice-Policy Changes
The Company shall give the Union prior written notice, where practicable, of
changes in policies which directly affect employees of the bargaining unit.
Section 8. Working Conditions
Any benefit, privilege, or working condition, not specifically exempted by this
agreement, provided or extended to employees in the past, will not be
discontinued without prior discussion between the Company and the Union
Negotiating Committees. In the event a mutual agreement cannot be reached, the
Company may take action, and the matter may be submitted to Arbitration for a
binding decision as to whether the change is a valid and reasonable. (See Letter
of Intent, page 163.)
Section 9. Auxiliary Emergency Squad
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Twelve (12) employees on each of the rotating shifts may be selected from among
volunteers to assist the employees of the Fire Department in emergencies. If an
insufficient number of employees volunteer on any shift, the Company may assign
employees with the least plantwide seniority from that shift to such duty.
Certain jobs, however, must have coverage at all times and assignment or
volunteers from these groups must be totally or partially excluded. The type and
frequency of preparatory training for such assistance shall be at the discretion
of the Company.
The Company and the Union agree to the following in regard to employees with
work restrictions assigned to the Auxiliary Emergency Squad (AES).
(a) Action
(1) An employee with a permanent work restriction should be removed
from the AES.
(2) An employee with a temporary work restriction should not be
permitted to serve on the AES for the duration of the
restriction.
(b) Procedure
(1) The Manager, Plant Shift Superintendents will notify the Medical
Department of the name, department and badge number of current
AES members and inform them of any change in the current list.
(2) The Medical Department will flag medical records to identify
employees serving on the AES.
(3) Employees on the AES will be scheduled for annual mandatory
physical examinations.
(4) The Medical Department will notify the Plant Shift Superintendent
whenever work restrictions are imposed or removed for a member of
the AES. (Language taken from MOU, pp. 133 & 134 1985 Contract.)
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Section 10. Educational Assistance
The Company shall provide financial assistance to eligible employees who while
still employed and outside of their regular working schedule satisfactorily
complete approved courses in accordance with educational assistance programs as
established by the Company.
Section 11. Definition - Days
The term "days" as used in this Contract, shall mean consecutive calendar days
except as otherwise indicated.
Section 12. Utilization of Work Force
(a) The Company recognizes a responsibility to utilize all its employees and
will not subcontract work normally performed by the bargaining unit
employees without giving full consideration to the classification that
normally performs the work. The bargaining unit employees will perform
the work that they normally perform: 1) where time limits for job
completion will permit; 2) where sufficient qualified personnel are
present; and 3) where resources are available.
(b) If the work load exceeds the staffing or skills of the work normally
performed by the employees present within a job classification, work may
be subcontracted to supplement the work force within the classification.
If such work which has been assigned and begun during the regular work
week requires overtime, personnel in the affected classification shall
be offered a reasonable amount of overtime so long as the requirements
in (a) above are satisfied.
(c) It is understood that bargaining unit employees who normally perform the
work in question shall not be displaced or laid off as direct result of
work being subcontracted.
(d) If it is necessary to subcontract work normally performed by the
bargaining unit, the Company shall inform the Local Union President.
Upon request, the Company shall meet with the Local President to give an
explanation of the nature of the work, approximate dates, contractor,
and the reasons for the Company's decision to subcontract such work.
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(See also MOU re Subcontracting, p. 135.)
Section 13. Smoking Policy
It is agreed that smoking is prohibited in all plant buildings and other
enclosed structures. Smoking in government vehicles is not permitted except when
smokers are the only occupants and applicable safety regulations are observed.
The Company will, however, designate at least one area in Buildings X-326,
X-330, X-333, and X- 720 where employees will be permitted to smoke.
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ARTICLE XVII
SICKNESS AND ACCIDENT PLAN
Non-Occupational Disability Pay
Section 1. Eligibility
Provided the "Conditions of Payment" outlined in Section 2 below are met, an
hourly paid employee shall receive weekly, as due, non-occupational disability
payments if he or she:
(a) has three (3) months or more of continuous service as determined in
accordance with the rules set forth in Article VIII, Section 2.
(b) provides the Company, if it so requests, with a doctor's certificate as
proof that absence was due to a legitimate non-occupational disability.
(c) is absent in excess of sixteen (16) consecutive scheduled work hours
(d) reports the absence and the cause of absence to immediate supervision
within the foregoing sixteen (16) hour period.
Section 2. Conditions of Payment
(a) Exclusions
Non-occupational disability payments shall not be made for:
(1) Any period of incapacity during which the employee is not under
treatment by a licensed or practicing physician; or
(2) Any sickness or injury caused directly or indirectly by war or
riot; or
(3) Any intentionally self-inflicted injury.
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(b) Limitation
Payments under this plan shall be made only to employees whose absence
is due to non-occupational disability and shall not be paid to employees
who are absent for other reasons.
Section 3. Payment
(a) Waiting Period
No payments shall be made for the first sixteen (16) consecutively
scheduled work hours of absence for any non-occupational disability
unless the disability continues for twenty-five (25) consecutively
scheduled workdays or more, or the employee is admitted to a hospital as
an inpatient for medical treatment or surgery, or treated on an
outpatient basis and provided services that would otherwise require
admission to the hospital as an inpatient during the first two (2)
waiting days of a certified non-occupational disability.
For the purposes of non-occupational disability absences and payments, a
workday in which less than four (4) hours of work is performed or paid
for is considered a workday of absence.
(b) Payment Period
Following the sixteen (16) hour waiting period, payments for any one
period of non-occupational disability shall be made for a period of time
which is dependent on the length of the employee's continuous service in
accordance with the following schedule:
Maximum Number of Weeks of
Continuous Service Payment Per Absence
3 months but less than 1 year 2 weeks
1 year but less than 2 years 4 weeks
2 years but less than 3 years 6 weeks
3 years but less than 4 years 8 weeks
4 years but less than 5 years 10 weeks
5 years but less than 6 years 12 weeks
6 years but less than 7 years 14 weeks
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7 years but less than 8 years 16 weeks
8 years but less than 9 years 18 weeks
9 years but less than 10 years 20 weeks
10 years but less than 11 years 22 weeks
11 years but less than 12 years 24 weeks
12 years but less than 13 years 26 weeks
13 years but less than 14 years 28 weeks
14 years but less than 15 years 30 weeks
15 years but less than 16 years 32 weeks
16 years but less than 17 years 34 weeks
17 years and over 36 weeks
(c) Amount of Pay
Excluding the sixteen (16) hour waiting period, the amount of payments
shall be 85% of the base hourly rate the employee is receiving for each
scheduled work hour of such absence not compensated for under any other
provision of this Contract, but not to exceed a total compensation of
eight (8) hours for any one workday nor the period of time determined
from (b) above, except as provided in Article XIII, Section 4.
Section 4. Occupational Disability Pay
(a) Any employee who is absent from work because of an occupational
disability arising out of and in the course of employment, unless
purposely self-inflicted, or due to willful misconduct, violation of
plant rules, or refusal to use safety appliances, shall be granted a
leave of absence in accordance with Article IX. When properly approved
by the Company, an employee shall be paid an amount equal to the
difference between his/her base hourly rate and any payments received
from Workers' Compensation. When there is no question concerning the
occupational nature of the disability an estimate may be made of the
amount of this difference and payment may be made before Workers'
Compensation claim has been approved. An adjustment may be necessary
after payments are being made on a regular basis. Such payment shall
cease when the employee is determined to be permanently disabled, when
the employee becomes eligible for disability retirement benefits under
the terms of the Pension Plan provided for in Article XIX of this
Contract or when the Company's doctor finds the employee is able to
return to work. (See MOU, "Disability Pay," p. 105.)
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(b) An employee who is scheduled for layoff because of reduction in force
while receiving occupational disability make-up payments under this
section will have such payments extended to, but not beyond, the date
the individual either becomes able to work, reaches maximum
(predictable) possible recovery, or six (6) months after the scheduled
layoff date due to reduction in force, whichever of these first occurs.
Occupational disability make-up pay will not be extended beyond layoff
except to those cases and to the extent described in this Subsection
(b). An employee on occupational disability at the time of layoff will
be paid layoff allowance in a lump sum.
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(c) See MOU "Recall Opportunity for Employees on Temporary Total
Occupational Disability," p. 106.
Section 5. Basis of Payment
All disability payments provided for in this Contract shall be reduced by the
amount or amounts of any other benefits which might be provided through state or
federal legislation for the same type of disability and for the same period of
absence.
Section 6. Rate of Pay
Non-occupational and occupational disability payments shall be based on the rate
the employee would be receiving if working.
ARTICLE XVIII
INSURANCE
Section 1. Group Life
(a) The Company shall maintain the current group plan of life and accidental
death and dismemberment insurance for hourly employees which became
effective January 1, 1989 and provides the following Basic and
Supplemental Group Life Insurance benefits.
(1) Basic Group Life Insurance benefit will:
A. Provide an employee's beneficiary with an amount equal to
at least two years' pay if he/she should die before age 65
while an active employee, or
B. Provide an employee with a monthly income if/she becomes
totally and permanently disabled before age 60.
C. Provide an employee with a reduced amount of life
insurance after age 65.
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D. Provide an employee with continued protection until at
least his/her 65th birthday in the event of total
disability while employed.
(2) Supplemental Group Life Insurance Benefits will:
A. Provide an employee's beneficiary with an amount equal to
at least an additional year's pay in the event of death
before age 65 while an active employee.
B. Provide an employee with continued protection until at
least his/her 65th birthday in the event of total
disability while employed.
(c) Benefits under the Group Life Insurance Plan as amended January 1, 1989,
for eligible employees who participate in the plan are set forth in the
booklet entitled "Group Insurance Plan - Hourly Employees" attached
hereto and made a part thereof. This attachment is hereinafter referred
to as the "Insurance Booklet."
(d) Participation in the Group Life Insurance Plan shall be on a voluntary
basis.
(e) The costs to employees for Basic Life Insurance and Supplemental Life
Insurance are set forth in the Insurance Booklet, and these costs shall
not be increased during the term of the Agreement. Each participating
active employee shall pay his/her cost of the Group Life Insurance Plan
by payroll deduction pursuant to his/her written authorization therefor
on a form supplied by the Company. An early retiree who qualifies for
and elects the option to continue the full amount of (a) his/her Basic
Life Insurance or (b) his/her Basic and Supplemental Life Insurance up
to age 65, as set forth in the Insurance Booklet, shall make his/her
payments in advance monthly (or quarterly if he/she desires) to the
office or postal address designated by the Company.
Section 2. Health Benefits Program
(a) Effective January 1, 1989, the Company will provide a comprehensive plan
as setforth in the "Health Benefits Program for Hourly Employees"
booklet
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dated September 1, 1987, (such booklet to be considered a part hereof)
which shall include:
(1) A comprehensive medical plan providing ninety (90) percent
coverage of eligible expenses after a One Hundred Dollar ($100)
deductible ($200 for family coverage) with a Six Hundred Dollar
($600) stop loss ($1,200 for family coverage). The Plan provides
a One Million Dollar ($1,000,000) maximum Lifetime benefit.
(2) A Vision Care Plan with no deductible which includes an eye
examination once every twelve (12) months, one (1) pair of lenses
once every twelve (12) months, and one (1) pair of frames once
every twenty-four (24) months.
(b) Such plan shall continue in effect through May 2, 2000, under the
following terms and conditions:
(1) The Company shall arrange with an insurance company to make
available to participating employees in the bargaining unit
certain benefits set forth in the booklet entitled "Health
Benefits Program for Hourly Employees."
(2) The gross cost of the comprehensive medical plan shall be shared
by the Company and participating employees. Each employee who
enrolls in the plans shall pay the applicable rate, such rate
representing six (6) percent of the total gross cost. The Company
shall pay the remaining ninety-four (94) percent of the cost.
(3) Employee participation in the plan shall be on a voluntary basis.
Employees who enroll in the plan shall authorize the Company in
writing to deduct from their pay the applicable rate.
Section 3. Dental Plan
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(a) The Company shall maintain the current Dental Plan for hourly employees.
Effective January 1, 1989, the Dental Plan was amended to provide the
following benefits:
(1) Maximum Benefits
A. $10,000 lifetime maximum, $1,000 in any calendar year
B. $1,000 lifetime maximum for orthodontics
(2) Deductible Amount
A. $25 applied against Type B and Type C expenses incurred in
any one calendar year
B. $50 maximum per family
(3) Coverage
A. Type A Expenses - 100% of R&C charges, no deductible
1. Dental X-rays
2. Oral examination
3. Cleaning
B. Type B Expenses - 80% of R&C charges, $25 deductible
1. Routine restoration
2. Treatment of gum disease
3. Root canal therapy
4. Extractions and oral surgery
C. Type C Expenses - 50% of R&C charges, $25 deductible
1. Crowns
2. Bridgework
3. Dentures
D. Type D Expenses - 50% of R&C charges, no deductible
1. Orthodontics ($1,000 lifetime maximum)
(c) Benefits under the Dental Plan as amended January 1, 1989, for eligible
employees and dependents who participate in the Plan are set forth in
the booklet entitled "Dental Expense Assistance Plan" attached hereto
and made a part hereof. The attachment is hereinafter referred to as the
"Dental Booklet."
(d) The Dental Plan will be paid for entirely by the Company.
Section 4. Special Accident
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(a) Effective January 1, 1989, the Company will make available to eligible
hourly employees Special Accident Insurance as set forth in the Booklet
entitled "Special Accident Insurance Plan" attached hereto and made a
part thereof.
(b) Coverage may be elected from a minimum of $20,000 to a maximum of
$500,000 in multiples of $10,000 (Principal Sum). An amount greater than
$250,000 may be selected only if it does not exceed 10 times basic
earnings.
(c) An employee may insure his spouse and/or dependent children by electing
the family plan in accordance with the booklet.
(d) The costs to employees for "Special Accident Insurance" are set forth in
the Booklet.
Section 5. General
(a) In the event of the enactment or amendment of any Federal or State law
providing for benefits similar in whole or in part, to those covered by
this Agreement, and requiring either (a) participation by any employee
or the Company; or (b) compulsory payment of taxes or contributions by
any employee or the Company; or (c) benefit costs either to any employee
or the Company different from those provided for under this Agreement
then the parties hereto agree that they will amend this Agreement so as
to provide that the total cost to the Company for insurance benefits of
whatsoever nature for its employees will not be greater in amount than
such costs as provided by law or by this Agreement, whichever costs are
greater.
(b) The Company shall arrange through an insurance company(s) or other
carrier(s) for coverage providing benefits under the above Plans.
ARTICLE XIX
PENSIONS
1. Effective January 1, 1989, the Pension Plan was amended to provide a
pension based upon the largest amount produced by any of the following
formulas.
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(a) A Regular Formula providing a monthly benefit of:
1.2% times average straight-time monthly earnings times years and
completed months of service credit plus $18.
(b) An Alternate Formula providing a monthly benefit of :
1.5% of average straight-time monthly earnings times years and
completed months of service credit less 1.5% of monthly Primary
Social Security Benefit times years and completed months of
service credit (up to a maximum of 50% of primary Social Security
Benefit).
(c) A Minimum Formula providing a monthly benefit of:
$5 for each of your first ten years of service credit;
$7 for each of the eleventh through the twentieth years of
service;
$9 for each year in excess of twenty years of service plus;
10% of average straight-time monthly earnings (if less than eight
years of service, this will be reduced by 1% for each year less
than eight) plus $18.
2. Benefits available under the amended pension plan to eligible employees
who retire on or after January 1, 1989, are set forth in the printed
booklet entitled "The Retirement Program" which is attached hereto and
made a part hereof. This booklet hereinafter is referred to as the
"Pension Booklet." (See Letter of Intent p. 107.)
3. It is understood that if any dispute arises from the denial of a
Bargaining Unit employee's claim for benefits under the Pension Plan,
other than the type of dispute to which Section 3 below pertains, then
such dispute may be taken up through the Grievance and Arbitration
Procedure of the principal Collective Bargaining Contract then in effect
between the parties.
4. If any dispute arises as the result of the denial of a Bargaining Unit
employee's claim that he/she is totally and permanently disabled within
the meaning of the Pension Plan or that such a disabled former employee
contin-
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ues to be so disabled, the dispute shall be resolved in the following
manner upon the filing with the Company of a written request for review
by such employee or former employee not more than 60 days after receipt
of the denial.
The employee shall be examined by a physician appointed for the purpose
by the Company and by a physician appointed for the purpose by the
Union. If they disagree concerning whether the employee is totally and
permanently disabled, the question shall be submitted to a third
physician selected by such two physicians. The medical opinion of the
third physician, after examination by him/her of the employee and
consultation with the other two physicians, shall be final and binding
on the Company, the Union and the employee. The fees and expenses of the
third physician shall be shared equally by the Company and the Union.
5. It is understood that an employee who retires and commences to receive a
Pension Benefit (as distinguished from a Disability Benefit) will have
no rights to resume active employment with the Company.
6. The obligation of the Company to maintain the Pension Plan, as herein
provided, is subject to the requirement that approval by the Internal
Revenue Service for the amended Plan is received and maintained
continuously as:
(a) Qualifying under Section 401 of the Internal Revenue Code or any
other applicable section of the Federal tax laws (as such
Sections are now in effect or are hereafter amended or enacted);
and
(b) Entitling the Company to deduction for payments under the Plan
pursuant to Section 404 of the Internal Revenue Code or any other
applicable section of the Federal tax laws (as such Sections are
now in effect or are hereafter amended or enacted).
In the event that any revision in the Pension Plan is necessary to
receive and maintain such approval or to meet the requirements of any
other applicable Federal law, the Company and the Union shall resume
negotiations for the purpose of reaching agreement on such revision, it
being understood that such revision shall be held to a minimum, adhering
as closely as possible to the intent expressed in the Pension Plan and
in this Agreement.
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ARTICLE XX
TERM OF CONTRACT
Section 1. Effective Dates
This Contract shall become effective as of April 1, 1996 or the date of
ratification by the membership of Local 3-689, whichever is later. It shall
continue in effect 12:01 a.m., May 2, 2000 and shall automatically be renewed
thereafter from year to year unless written notice is given by either party
sixty (60) days prior to the expiration date that it is desired to terminate or
amend the Contract. It is agreed that the terms of this Section 1 will be
binding upon any employer who may become a successor contractor to LMUS at the
Portsmouth plantsite.
Section 2. Renegotiation Notice
Both notice of this request for renegotiation and lists of items to be amended
shall be sent by registered mail to the following:
1. Oil, Chemical and Atomic Workers
International Union, Suite 250
0000 Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxxxxx 00000-0000
2. Lockheed Xxxxxx Utility Services, Inc.
X.X. Xxx 000
Xxxxxxx, Xxxx 00000
ARTICLE XXI
APPROVAL
This Contract between the Company and the Union is subject to ratification by
the membership of Local 3-689 and to the approval of the International Union and
shall be effective only if so approved.
IN WITNESS WHEREOF the duly chosen representatives of the parties to this
Contract have hereunto set their hands this 27th day of August, 1996.
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Oil, Chemical and Atomic Workers Lockheed Xxxxxx Utility Services, Inc.
International Union and its Portsmouth Gaseous Diffusion Plant
Affiliated Local No. 3-689
/s/ X. Xxxxxx /s/ Xxxx Xxxxx
---------------------------------- ---------------------------------------
/s/ Xxxx Xxxxx /s/ B. Xxxxx XxXxxxxxxx
---------------------------------- ---------------------------------------
/s/ Xxxxx Cisco /s/ X. X. Xxxxxxx
---------------------------------- ---------------------------------------
/s/ X. X. Xxxxx /s/ Xxxxx X. XxXxxxxxx
---------------------------------- ---------------------------------------
/s/ X. Xxxx /s/ Xxxxxxx X. Xxxxx
---------------------------------- ---------------------------------------
/s/ Xxxx X. Xxxxxxxx
---------------------------------- ---------------------------------------
International Union Lockheed Xxxxxx Utility Services, Inc.
/s/ Xxxx Xxxxx /s/ W. E. Xxxxxxxx
---------------------------------- ---------------------------------------
/s/ J. Xxxxxx Xxxxxxxx
---------------------------------- ---------------------------------------
Xxxxxx Xxxxxxxx Corporation
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