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Section
A. Local Working Conditions
1.
Local
Working Conditions
The term
Local Working Conditions as used in this Section means specific
practices or customs which reflect detailed applications of matters
within the scope of wages, hours of work or other conditions of
employment, including local agreements, written or oral, on such
matters. It is recognized
that it is impracticable to set forth in this Agreement all of these
working conditions, which are of a local nature only, or to state
specifically in this Agreement which of these matters should be changed
or eliminated (Change or Changed). The
provisions set forth below provide general principles and procedures
which explain the status of these matters and furnish necessary
guideposts. Any arbitration
arising under this Section shall be handled on a case-by-case basis on
principles of reasonableness and equity.
2.
Deprivation
of Benefits
In no case shall Local Working Conditions deprive
an Employee of rights under this Agreement and the conditions shall be
Changed to provide the benefits established by this Agreement.
3.
Benefits
in Excess
Should there be any Local Working Conditions in
effect which provide benefits that are in excess of, or in addition to,
but not in conflict with benefits established by this Agreement, they
shall remain in effect for the term of this Agreement, except as they
are Changed in accordance with Paragraph 4 below.
4.
Right
to Change
The
Company shall have the right to Change any Local Working Condition if
the basis for the existence of the Local Working Condition is Changed,
thereby making it inappropriate to continue such Local Working
Condition; provided, however, that the Change shall be reasonable and
equitable.
5.
Modification
of Agreement
No
Local Working Condition shall be established or continued which
conflicts with any provision of this Agreement.
6.
Additional
Requirements
As of the Effective Date, all future Local Working Conditions
must be reduced to writing and signed by the Plant Manager and the Local
Union President/Unit Chair.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section B. New
or Changed Jobs
1.
At each location covered by this
Agreement, the
Union
shall
designate up to two (2) individuals to serve on a Job Evaluation
Committee. The Committee
shall be provided with paid time off in accordance with standard local
plant understandings to conduct its business as described in this
Section.
2.
In the event the Company chooses to
modify the duties of an existing job or create a new job, it shall
follow the procedure outlined below.
3.
The Company shall meet with the Job
Evaluation Committee and present it with a written description of how it
intends to modify an existing job or a complete description of a
proposed new job. The
description shall include:
a.
the requirements of such new or modified job in the areas of
training, skill, responsibility, effort and surroundings (Requirements);
b.
the Company’s view as to how these Requirements compare to the
Requirements for existing jobs at the plant; and
c.
based on Paragraphs (a) and (b) above, at what rate the Company
believes the job should be paid.
4.
The Job Evaluation Committee shall
be provided with any additional information requested in connection with
its assessment of the new or modified job.
5.
If the parties are unable to agree
upon the appropriate duties and rate of pay for the new or modified job,
they shall submit their dispute to arbitration using a procedure to be
developed by the parties.
6.
The arbitrator shall base his/her decision on the Requirements of
the new or modified job and how those Requirements compare to the
Requirements for the existing jobs at the plant and other plants of the
Company.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section C. Hours
of Work
1.
Normal Workday and Work Week
a.
The normal workday shall be any regularly scheduled consecutive
twenty-four (24) hour period comprising eight (8) consecutive hours of
work and sixteen (16) consecutive hours of rest.
The normal work week shall be five (5) consecutive workdays
beginning on the first day of any seven (7) consecutive day period. The
seven (7) consecutive day period is a period of 168 consecutive hours
and may begin on any day of the calendar week and extend into the next
calendar week. On shift changes, the 168 consecutive hours may become
152 consecutive hours depending upon the change in the shift.
b.
Schedules showing Employees’ workdays shall be posted or
otherwise made known to Employees not later than
2:00 p.m.
Friday of the week
preceding the calendar week in which the schedule becomes effective. The
Company will establish a procedure affording any Employee whose last
scheduled turn ends prior to the posting of his/her schedule for the
following week an opportunity to obtain information relating to his/her
next scheduled turn. This procedure will also be applicable with respect
to Employees returning from vacation.
c.
Employees shall be paid for all shifts which are part of their
originally posted schedule.
d.
All shifts not included on the originally posted schedule shall
be considered overtime shifts.
2.
Absenteeism
a.
It is expected that Employees shall adhere to their prescribed
schedule. When an Employee
must be absent from work, s/he shall, as promptly as possible, contact
the designated person and provide the pertinent facts and when the
Employee expects to return to work.
b.
Reasonable rules for the implementation of these principles shall
be developed by the Company and made known to Employees.
Such rules will not deprive any Employee of any rights otherwise
provided by this Agreement and shall be reasonably applied.
3.
Overtime
a.
The parties recognize that schedules that regularly require a
substantial level of overtime are undesirable and should be avoided
where possible.
b.
Where local practices or agreements with respect to the
distribution of overtime do not presently exist, the Company and the
Local Union Grievance Committee shall promptly conclude an agreement
providing for the most equitable overtime distribution consistent with
the efficiency of the operation.
c.
The Company will consider an Employee’s request to be excused
from overtime work and shall accommodate those requests which are
practicable and reasonable under the circumstances.
4.
Full Week Guarantee
An
Employee scheduled to work will receive, during a payroll week, an
opportunity to earn at least forty (40) hours of pay (including hours
paid for but not worked, work opportunities declined by the Employee,
disciplinary time off, absenteeism and report-off time for Union
business, but excluding overtime pay and premium pay).
An Employee on an approved leave of absence or disability during
any payroll week shall be considered as having been provided the
opportunity for this guarantee during any such week, it being understood
that the pay, if any, that such an Employee is entitled to receive while
on approved leave of absence or disability is that provided by
applicable law or the Agreement, not the earning opportunity set forth
in this Paragraph.
5.
Full Day Guarantee
An
Employee required to report to work shall be paid for the greater of (a)
eight (8) hours or (b) the hours actually worked, except as provided in
other Sections of this Agreement or in cases where the Employee works
less than eight (8) hours or the actual hours scheduled, as a result of
the Employee voluntarily leaving work.
6.
Alternative Work Schedule
The
Company may adopt alternative work schedules consisting of ten (10) or
twelve (12) hour per day scheduling with the approval of the Local Union
President/Unit Chair and the Grievance Chair and sixty percent (60%) of
the Employees who are impacted by the alternative schedule.
Approval
of an alternative work schedule may be revoked at any time more than six
(6) months after its implementation by a simple majority vote of the
Employees who are impacted by that schedule.
Following such revocation, the Company shall immediately
reinstate a normal schedule.
ARTICLE
FIVE – WORKPLACE PROCEDURES
1. Definitions
a.
The payroll week shall consist of seven (7) consecutive days
beginning at
12:01 a.m.
Sunday or at the
changing hour nearest to that time.
b.
The workday for the purposes of this Section is the twenty-four
(24) hour period beginning with the time the Employee is scheduled to
begin work.
c.
The Regular Rate of Pay as used in Paragraph 2 below (and in this
Agreement) shall mean the Base Rate of Pay plus incentive earnings for
the job on which the overtime hours are worked.
2.Conditions
Under Which Overtime Rates
Shall Be Paid
Unless
worked pursuant to an agreed upon Alternative Work Schedule, overtime at
the rate of one-and-one-half times the Regular Rate of Pay shall be paid
for:
a.
hours worked in excess of eight (8) hours in a workday;
b.
hours worked in excess of forty (40) hours in a payroll week;
a.
hours
worked on the sixth or seventh workday of a seven (7) day period during
which five (5) days were worked, whether or not all such days fall
within a single payroll week; and
b.
hours
worked on a second reporting in the same workday where the Employee has
been recalled or required to report to work after working eight (8)
hours.
3. Holidays
Recognized
holidays, whether or not worked, shall be counted as a day worked in
determining overtime; however, worked holidays shall only be paid as
specified in Article Ten, Section A (Holidays).
1.
Non-Duplication
of Overtime
Overtime
shall not be duplicated by using the same hours paid at overtime rates
more than once for the purpose of calculating overtime payments.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
E. Seniority
1.
Seniority Status of Employees
a.
The parties recognize that promotional and other in-plant
opportunities and job security should increase in proportion to length
of continuous service and that the fullest practicable consideration
shall be given to continuous service in such cases.
b.
Continuous Service, as defined by Paragraph 3(a) below, shall be
used for all purposes under all labor and benefits agreements, unless
explicitly provided otherwise; provided, however, that accumulation in
excess of two (2) years during a period of layoff shall be counted only
for purposes of this Section, including local agreements thereunder.
c.
In all cases of promotions, decreases in force and recalls after
layoffs, the following factors shall be considered:
(1)
ability to perform the work and physical fitness; and
(2)
Plant Continuous Service (Plant Service).
Where
factor (1) is relatively equal, Plant Service shall be the determining
factor.
2.
Determination of Seniority Units
a.
Seniority shall be applied on a job and departmental or larger
unit basis, as agreed upon. A job may be in one seniority unit for one
purpose and in a different unit for another.
b.
The seniority units, lines of progression, departments and rules
for the application of seniority factors in effect as of the Effective
Date shall remain in effect unless modified by a local written agreement
signed by the Grievance Chair.
c.
Local seniority agreements shall provide that the opportunity to
receive training necessary for promotions and all promotions (including
step-ups), decreases in forces (including demotions and layoffs),
recalls after layoff and other practices affected by seniority shall be
in accordance with Plant Service; provided that (1) demotions, layoffs
and other reductions in force shall be made in descending job sequence
order, starting with the highest affected job and with the Employee on
such job having the least length of Plant Service and (2) the sequence
on a recall shall be made in the reverse order so that the same
Employees return to jobs in the same positions relative to one another
that existed prior to the layoff.
3.
Continuous Service
a.
Continuous
Service shall be determined by the Employee’s first employment or
reemployment following a break in continuous service in any facility of
the Company covered by this Agreement.
(1)
Employees Who Were Employees of Any Predecessor Company
Continuous
Service for Employees who were employees (within the meaning of the
relevant basic labor agreement with the Union) of any predecessor
company (a USWA represented company some or all of whose assets are or
were acquired by the Company) will be the length of time measured from
the Employee’s continuous service date under that predecessor
company’s basic labor agreement subject to the employee’s
eligibility dates agreed to by the parties, except as otherwise provided
by this Agreement or other agreements between the parties.
(2)
All Other Employees
Continuous
Service for all other Employees will be the length of time measured from
the Employee’s first date of employment with the Company.
b.
Company Continuous Service shall be the length of time measured
from the Employee’s first date of employment or reemployment following
a break in continuous service with the Company.
c.
Plant Service shall be the length of time measured from the
Employee’s first date of employment or reemployment following a break
in continuous service in his/her plant.
d.
Continuous Service (including Company Continuous Service and
Plant Service) shall only be broken if an Employee:
(1)
quits;
(2)
retires;
(3)
is discharged for cause;
(4)
if on layoff, fails to report to the Employment Office within ten
(10) days of registered mail notice;
(5)
is absent because of layoff (including a layoff due to a
permanent closure) or non-occupational physical disability for a period
longer than the lesser of his/her length of Continuous Service at the
commencement of such absence or five (5) years; or
(6)
is absent due to a compensable disability incurred during the
course of employment and does not return to work within thirty (30) days
after final payment of statutory compensation for the disability or
after the end of the period used to calculate a lump-sum payment.
If the seniority of an Employee does not permit a return to work,
the Employee will be placed on layoff and any break will be determined
under Paragraph 5 above.
4.
Probationary Employees
a.
New Employees hired after the Effective Date of this Agreement
will serve a probationary period for the first 1,040 hours of actual
work and will receive no Continuous Service credit during such period.
Probationary Employees shall have access to the grievance procedure but
may be laid off or discharged as exclusively determined by the Company;
provided that such layoff or discharge may not violate Article Four,
Section A (Non-Discrimination).
b.
Probationary Employees who continue in the service of the Company
beyond the first 1,040 hours of actual work shall receive full
Continuous Service credit from their original date of hire.
c.
Where a probationary Employee is laid off and is subsequently
rehired within one (1) year from the date of such layoff, the hours of
actual work accumulated during the first employment shall be added to
the hours of actual work accumulated during the second employment in
determining when the Employee has completed 1,040 hours of actual work;
provided, however, that his/her Continuous Service date will be the date
of hire of the second hiring.
5.
Interplant and Intraplant Transfers
It is recognized that conflicting seniority claims
among Employees may arise when plant or department facilities are
created, expanded, added, merged or discontinued.
In the event the local parties are unable to resolve such
conflicts, the International Union and the Company may reach such
agreements as they deem appropriate, irrespective of existing seniority
agreements, or submit the matter to arbitration.
6.
Temporary Vacancies
a.
In
cases of temporary vacancies involving assignments within a seniority
unit, the Company shall to the greatest degree, consistent with
efficiency of the operation and the safety of Employees, and the
progression sequence, offer that assignment to the Employee in the unit
with the longest Plant Service who desires the assignment.
b.
In case of a permanent vacancy on a job, the assignment of a
junior Employee to a temporary vacancy on such job shall not be used as
a presumption of creating greater ability in favor of such junior
Employee if such temporary vacancy should have been made available to
the senior Employee.
7.
Posting of Job Openings
a.
When a permanent vacancy develops or is expected to develop, it
shall be brought to the attention of all affected or potentially
affected Employees in a manner which insures adequate notice.
b.
Employees in the seniority unit who wish to apply for the vacancy
or expected vacancy may do so in writing in accordance with reasonable
rules developed by the Company.
c.
The notice requirement in Paragraph 7(a) above shall also apply
to inform Employees of the Company’s choice to fill the vacancy.
8.
Seniority Status of Grievance Committee Members and Local Union
Officers
When a decrease of force is effected, the Local
Union President/Unit Chair, Vice President and the members of the
Grievance Committee shall, if they would otherwise be laid off, be
retained at the lowest rated job in the unit that they represent. The
intent of this provision is to retain in active employment individuals
who can provide continuity in the administration of the Agreement;
provided that an individual shall not be retained in employment unless
work which s/he can perform is available.
9.
Administration of Seniority
a.
The
seniority standings of Employees in a given department shall be kept on
file in that department and the Local Union Zone Grievance Committeeman
or Grievance Chair shall have access to the file in connection with any
grievances.
b.
The
Company shall post in each department, on a bulletin board maintained
for that purpose, the Plant Service date of all Employees in that
department.
10.
Permanent Vacancies and Transfer Rights
a.
An Employee who is assigned to a job for purposes of retention
shall not be able to effectuate a permanent transfer to that unit by
refusing a recall to his/her home unit.
However, nothing contained herein shall preclude such an Employee
from effectuating a permanent transfer by bidding for a permanent
vacancy in such a unit or any other unit in accordance with established
procedures.
b.
A permanent vacancy shall be filled from within the first step of
competition (whether it be unit, line of progression, etc.).
Each succeeding vacancy shall be filled in the same manner, and
the resulting vacancy in the entry level job shall thereafter be filled
on a departmental basis (the second step of competition) by Employees
with at least six (6) months of Plant Service on the date the vacancy is
posted.
c.
Resulting entry level departmental vacancies shall be filled on a
plant-wide basis (the third step of competition) by Employees with at
least twelve (12) months of Plant Service on the date the vacancy is
posted. An Employee transferring under Article Eight, Section D
(Interplant Job Opportunities) shall be eligible to bid on vacancies
notwithstanding the twelve (12) months of Plant Service requirement set
forth in Paragraph 10(b) above.
d.
As an exception to the procedures for filling vacancies provided
for in Paragraphs 10(b) and (c) above, all permanent vacancies in craft
trainee jobs shall be filled on a plant-wide basis from among qualified
bidding Employees. Similarly, permanent vacancies in craft jobs which
are not filled by the promotion or assignment of trainee graduates, or
by the transfer of a craft Employee from one unit to another within the
same trade or craft, shall be filled on a plant-wide basis from among
qualified bidding Employees. An Employee shall not be disqualified from
bidding on any such vacancy by reason of any minimum length of service
requirement.
e.
Should the Company deem it necessary to retain an Employee on
his/her former job in order to continue efficient operation, it may do
so, for a maximum of sixty (60) days, on the basis of establishing such
Employee on the new job and temporarily assigning him/her to his/her
former job until a suitable replacement can be trained for the job or
its performance is no longer required. In such event, after two (2)
weeks of being delayed the Employee shall be entitled to earnings not
less than what s/he would have made had s/he been working on the new job
on which s/he has been established and, where applicable, shall be paid
as though such hours were credited to any trainee program.
f.
If an Employee accepts transfer under this Paragraph, his/her
Continuous Service in the unit from which s/he transfers will be
canceled thirty (30) days after such transfer; provided, however, that
during such thirty (30) day period the Employee may voluntarily return
to the unit from which s/he transferred or the Company may return
him/her to that unit because s/he cannot fulfill the requirements of the
job or the need for the position is deemed not necessary within thirty
(30) days of the date of transfer.
g.
In the event an Employee accepts transfer under Paragraph 10 and
remains on the new job for more than thirty (30) days, s/he may not
again apply for transfer for one (1) year after such transfer.
h.
In the
event an Employee refuses a transfer under Paragraph 10 after applying
therefor, or voluntarily returns to the unit from which s/he
transferred, s/he may not again apply for transfer to such unit for one
(1) year after such event.
11.
Compensation for Improper Layoff or Recall
In the event of improper layoff or failure to
recall an Employee in accordance with his/her seniority rights, the
Employee shall be made whole for the period during which s/he is
entitled to retroactivity.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
F. Testing
1.
Where tests are used as an aid in
making pre-selection determinations of the ability to perform the work,
such a test must in all events be:
a.
job related;
b.
in accordance with Article Four, Section A (Non-Discrimination);
c.
uniformly applied within each respective plant; and
d.
based on the passing grade that is required to determine ability
to perform the work.
2.
A job related test, whether oral,
written or in the form of an actual work demonstration, is one which
measures whether an Employee can satisfactorily meet the specific
requirements of that job including the ability to absorb any training
which may necessarily be provided in connection with that job.
3.
Testing procedures shall in all
cases include notification to an Employee of any deficiencies and an
offer to counsel how to overcome the deficiencies.
4.
Where, in accordance with this
Agreement, a test is used by the Company as an aid in making a
determination of the Employee’s ability to perform the work and where
the use of the test is challenged in the grievance procedure, the
following shall pertain:
a.
The Company will furnish to a designated representative of the
International Union either the test itself or examples of test
questions, certified by a testing agency as equivalent in any relevant
respects to questions used in the disputed test and sufficient in number
to evaluate the test, and all such background and related materials as
may be relevant and available. In
cases where all or part of the test is non-written, a complete
description of the test shall be provided along with all such background
and related materials as may be relevant and available.
b.
All such test questions and materials will be held in strictest
confidence and will not be copied or disclosed to any other person;
provided that such test questions and materials may be disclosed to an
expert in the testing field for the purpose of preparing the Union’s
position in the grievance procedure and to an arbitrator, if the case
proceeds to that step. All
test questions and materials will be returned to the Company following
resolution of the dispute.
c.
Copies of transcripts and exhibits presented in the arbitration
of cases involving the challenge to a test will also be held in
confidence and will not be copied or otherwise published.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
G. Permanent Closures
1.
Before the Company decides to permanently close or discontinue a
plant, department or substantial portion thereof (a Closure), it shall
give the Union advance written notice at least ninety (90) days prior to
the proposed Closure date. Along
with such notice, the Company shall provide the
Union
with a detailed
statement of the reasons for the proposed action, all information on
which the decision is based and how and where the work which was
performed at the closed unit will be performed.
2.
Thereafter, the Company will meet with appropriate Union
representatives in order to provide them with an opportunity to discuss
the Company’s proposed course of action, provide the
Union
with any additional
requested information and bargain in good faith over any suggested
alternatives.
3.
No less than thirty (30) days prior to the Closure date, the
Company shall advise the
Union
of its final
decision, which decision shall be the exclusive function of the Company.
4.
Any Employee affected by a Closure shall, after exercising any
rights to which s/he may be entitled, be placed on layoff in accordance
with this Agreement.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
H. Manning of New Facilities
1.
In the manning of jobs at new facilities in existing plants, the
jobs shall be filled by qualified Employees who apply for such jobs in
the order of length of Plant Service from the following categories in
the following order but subject to the other provisions of this Section:
a.
Employees displaced from any facility being replaced in the plant
by the new facilities;
b.
Employees otherwise displaced as a result of the installation of
the new facilities;
c.
Employees presently employed on like facilities in the plant;
d.
Employees presently on layoff from like facilities in the plant;
and
e.
Employees in the plant with two (2) or more years of Plant
Service; provided, that if sufficient qualified applicants from this
source are not available, the Company shall fill the remaining vacancies
as it deems appropriate.
2.
The local parties shall meet to seek agreement on the standards
to be used to determine the qualifications entitling Employees otherwise
eligible to be assigned to the jobs in question.
3.
Should the local parties fail to agree on the standards for
determining qualifications, an applicant otherwise eligible must have:
a.
the necessary reasonable qualifications for performing the job or
the ability to obtain such qualifications with a reasonable amount of
training, such training to be provided by the Company;
b.
the ability to absorb any additional training for the job as is
necessary to enable the Employee to perform the job satisfactorily; and
c.
the necessary qualifications to progress in the promotional
sequence involved to the next higher job to the extent that the Company
needs Employees for such progression. In determining the necessary
qualifications to advance in the promotional sequence involved, the
normal experience that an Employee would acquire in such sequence shall
be taken into consideration; provided, however, it is recognized that
the Company can require that a sufficient number of occupants of each
job in a promotional sequence be available to assure an adequate number
of qualified replacements for the next higher job.
4.
Should the Company deem it necessary to assign an Employee to
his/her regular job at the old facility in order to continue its
efficient operation, it may do so, for a maximum of sixty (60) days, on
the basis of establishing the Employee on the new job and then
temporarily assigning him/her back to his/her former job until a
suitable replacement can be trained for the job or its performance is no
longer required. In such event, the Employee shall be entitled to
earnings not less than what s/he would have made had s/he been working
on the new job.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
I. Adjustment of Grievances
1.
Purpose
Should
any differences arise between the Company and the
Union
as to the
interpretation or application of, or compliance with, the provisions of
this or any other Agreement between the Company and the
Union
, prompt and earnest
efforts shall be made to settle them under the following provisions.
2.
Definitions
a.
Grievance shall mean a complaint by
the
Union
which involves the interpretation or application of, or compliance with,
the provisions of this or any other Agreement between the Company and
the
Union
.
b.
Day as used in this Section shall
mean a calendar day, excluding Saturdays, Sundays and holidays.
3. Grievance Procedure
An
Employee may informally discuss a complaint with his/her supervisor,
with or without his/her Grievance Committeeman (Griever) being present.
However, if the Employee wishes to use this grievance procedure,
s/he shall report the matter to his/her Griever, who must refer it to
Step 1 of the grievance procedure by completing a grievance form and
submitting it to the Employee’s supervisor within thirty (30) days of
the date on which the Employee first knew or should have known of the
facts which gave rise to the grievance.
The
grievance form shall be signed by the Griever and the Employee.
The supervisor shall sign and date the grievance form and return
a completed copy to the Griever.
a.
Step 1 – Oral
(1)
A grievance received in Step 1 shall be discussed at a meeting
with the Grievance Committeeman from the area and/or the Griever, the
grievant and the grievant’s supervisor at a mutually convenient time
within five (5) days of receipt of the grievance form.
Management may call any non-represented employee
as a witness to provide testimony and/or evidence to the meeting.
The
Union
may call any USWA
represented Employee as a witness to provide testimony and/or evidence
to the meeting.
(2)
The supervisor shall answer the grievance no later than three (3)
days after the Step 1 hearing. If
settled in Step 1, the grievance form shall be so noted and signed and
dated by the Griever, the Grievance Committeeman and the grievant’s
supervisor.
(3)
If not settled or withdrawn in Step 1, the Union shall, within
five (5) days of the Company’s Step 1 response, provide the Company
with a written record, signed by the Grievance Committeeman, of the
grievance, including the grievance number, a statement of the grievance,
the Union’s understanding of the facts, its position and the reasons
therefor, the remedy requested and the date submitted.
(4)
Upon receipt, the Company shall, within three (3) days, provide
the Grievance Committeeman and the Chair of the
Union
’s Grievance
Committee (the Grievance Chair) with its version of the written record
of the grievance, signed by the Company, with the same set of
information required of the
Union
.
These two (2) completed forms shall comprise the Step 1 written
record.
b.
Step 2 – Written
(1)
In order to be considered further, a grievance shall be appealed
by the Grievance Chair to the head of the grievant’s department within
five (5) days of receipt of the Step 1 written record.
(2)
Such grievance shall be discussed within five (5) days at a
meeting with the grievant, the involved Grievance Committeeman, the
Grievance Chair, the grievant’s supervisor and the involved department
head. Management may call any non-represented employee as a witness to
provide testimony and/or evidence to the meeting.
The
Union
may call any USWA
represented Employee as a witness to provide testimony and/or evidence
to the meeting.
(3)
In Bargaining Unit Work or safety grievances, a representative of
the relevant committee shall also be present.
(4)
The department head shall provide the Grievance Chair with a
written response (the Step 2 Answer) to the grievance within three (3)
days of the Step 2 meeting.
(5)
Unless the Grievance Chair informs the department head in writing
that the grievance is settled or withdrawn on the basis of the Step 2
Answer, the Company shall, within five (5) days of providing the Step 2
Answer, provide the Grievance Chair with Step 2 minutes for the
grievance which shall include: the date and place of the meeting; names
and positions of those present; the number and description of the
grievance discussed; background information and facts; a statement of
the Union’s position as understood by the Company; and a statement of
the Company’s position including its response to all claims, points of
evidence, testimony and arguments presented by the Union as well as
Company testimony and evidence, including past grievances and/or
arbitration awards and the decision reached.
(6)
If the Grievance Chair disagrees with the accuracy of the
minutes, s/he shall submit a signed written response to the Company
within five (5) days of the receipt of the Step 2 minutes.
(7)
The Company shall send a copy of its version of the Step 2
minutes and any Union response to the designated representative of the
International Union (the International Rep) and the Grievance Chair
immediately upon its receipt of the Union response.
c.
Step 3 – Written
(1)
The International Rep shall send a written appeal of a Step 2
Answer to the Plant General Manager (the Company Step 3 Rep) within five
(5) days of the receipt of the Step 2 Minutes.
(2)
The International Rep, the Grievance Chair and the Company Step 3
Rep shall meet at a mutually acceptable time within ten (10) days of the
Company’s receipt of the International Rep’s appeal.
(3)
Grievances discussed at such meeting shall be answered in writing
and sent to the International Rep within five (5) days after such
meeting.
(4)
The International Rep may appeal a grievance to arbitration by
sending a written notice to the Board of Arbitration and the Company
Step 3 Rep within ten (10) days of the
Union
’s
receipt of the Step 3 written answer.
4. General Provisions
a.
The Company shall provide reasonable forms for filing and
appealing grievances and documenting the Step 1 and Step 2 written
records.
b.
The Company and the
Union
shall
provide each other with updated written lists of their Step 1, Step 2
and Step 3 representatives and their designees who shall have the
authority to settle grievances at their respective steps and, for the
grieving party, to withdraw or appeal such grievances.
c.
At each Step of the grievance procedure the parties shall provide
a full and detailed statement of the facts and provisions of the
Agreement relied upon and the grieving party shall provide the remedy
sought. Facts, provisions or
remedies not disclosed at or prior to Step 3 of the grievance procedure
may not be presented in arbitration.
d.
The settlement or withdrawal of a grievance prior to arbitration
shall be without precedent or prejudice to either party’s position.
e.
Any grievance filed directly in Step 2 or higher shall be
initiated within thirty (30) days of the event upon which the grievance
is based, or the date on which such event should reasonably have become
known.
f.
Except as otherwise provided in the BLA, all grievances shall be
initiated at Step 1 and grievances which are not initiated in the proper
step shall be referred there for processing.
g.
A single grievance may be processed with the facts of additional
violations presented as well. Additional
claimants shall sign a special form to be supplied by the Company for
this purpose. When the
original grievance is resolved the additional claims shall be reviewed
in light of the resolved grievance.
If the additional claims are not settled, they shall be
considered as grievances and processed accordingly.
h.
In the case of a grievance that involves a large group of
Employees, a reasonable number may participate in any discussion of the
grievance.
i.
In any settlement involving cash payments, payment not made
within thirty (30) days will accrue interest from the date of settlement
at the same rate as established at the local Federal Credit Union.
j.
If, for any reason, the time limits specified in Paragraph 3
above for:
(1)
meetings between the parties are not met, the grievance shall be
considered denied as of the last day within the time limit for such
meeting and the appropriate Union representative shall have the right to
move the grievance to the next step;
(2)
the
Union
to act are not met,
the grievance shall be considered withdrawn; or
(3)
the Company to act are not met, then the grievance shall be
considered granted with the requested appropriate contractual remedy to
the grieving party.
k.
An Employee who is summoned to meet with a supervisor or any
other representative of the Company for the purpose of discussing
possible disciplinary action shall be entitled to be accompanied by
his/her Griever and if the Griever is not then available, the meeting
shall be deferred.
l.
No Employee shall be required to submit to a lie detector test.
The results of lie detector tests will not be used by the Company
or the
Union
.
m.
Notwithstanding anything to the contrary, the grievance procedure
may be utilized by the
Union
with or without an
individual grievant. Such grievances shall be filed in Step 2.
n.
In the event an Employee dies, the
Union
may process his/her
grievance on behalf of his/her heirs.
o.
The Chair of the Union Negotiating Committee, the District
Director and the International Rep shall have access to the plant at
reasonable times to investigate issues with which they are concerned.
p.
The Company will pay for all lost time for the grievant and the
designated Union representative for participation in Steps 1, 2 and 3 of
the grievance procedure in accordance with standard local plant
understandings.
5.
Grievance Committee
a.
The
Union
shall provide the
Company with an updated written list of individuals who comprise its
Grievance Committee, including a chair and a secretary.
The number of members of the Committee at each Plant shall be
agreed upon by the Plant Manager and the Local Union President/Unit
Chair, but in no case shall there be less than three (3) nor more than
ten (10) members and no more than one member of the Committee shall be
from any one department (excluding the Grievance Chair). Committee
members will be afforded time off upon reasonable notice and approval
to:
(1)
attend scheduled committee meetings;
(2)
attend meetings pertaining to suspension or discharge or other
matters which cannot reasonably be delayed; and
(3)
visit departments at reasonable times for the purpose of
transacting the legitimate business of the Grievance Committee after
notice to the head of the department to be visited and after reasonably
granted permission from his/her own department head if the Grievance
Committee member is at work.
b.
Where the Grievance Committee so decides, the Griever may be
designated to aid the Committee. The
Union
shall provide the
Company with an updated written list of such individuals. Each Griever
shall:
(1)
be limited to the handling of grievances in Step 1 within the
plant unit represented by him/her; and
(2)
upon reasonable notice to and reasonable approval by his/her
immediate supervisor, be afforded time off to investigate the facts
essential to the settlement of any grievances.
6.
Board of Arbitration
a.
The parties shall choose for the term for this Agreement a Board
of Arbitration (the Board) consisting of six (6) individuals.
In the event of the resignation, incapacity or death of a member
of the Board the parties shall promptly agree upon a successor. If the
parties cannot agree on a successor, each party shall submit three (3)
names and use a “strike” method to determine the final selection and
a “flip of a coin” to determine the party that “strikes” first.
b.
The member of the Board (arbitrator) chosen in accordance with
Paragraph 7(a) below shall have the authority to hear and decide any
grievance appealed in accordance with the provisions of the grievance
procedure as well as disputes concerning the Insurance Agreement.
The arbitrator shall not have jurisdiction or authority to add
to, detract from or alter in any way the provisions of this Agreement or
the Insurance Agreement.
c.
The Board, after consultation with the Company and the
Union
and subject to the procedures described in this Paragraph, shall adopt
rules and regulations to govern its procedure and administration.
d.
The decision of an arbitrator shall be final and binding upon the
Company, the
Union
and all Employees
concerned.
e.
In cases involving repeated violations of the same or similar
provisions of the Agreement, including the provisions of the grievance
procedure, the arbitrator shall fashion a remedy designed to
significantly deter such repeated violations.
f.
Where the parties are in disagreement with respect to the meaning
and application of a decision, either party may apply to the Board for a
compliance hearing in accordance with rules that the Board shall
prescribe. Such application
shall be given priority and be resolved by the Board within thirty (30)
days.
g.
Expenses connected with specific cases shall be shared equally by
the Company and the relevant Local Union.
7.
Arbitration Hearings
a.
Thirty (30) days prior to the start of each calendar quarter the
Director of the USWA Arbitration Department (or his designee) shall
provide the parties with a calendar listing hearing dates for that
quarter and be responsible for scheduling the hearings.
b.
The hearings shall be scheduled as required at each location.
c.
On each hearing date the parties shall, subject to the time
available, attempt to present all cases previously appealed to
arbitration. The cases shall
be heard in the order in which they were appealed, provided that all
pending discharge cases shall be heard first.
d.
Failure to present a case when it is called shall constitute
withdrawal of the grievance and failure to respond to a case when
presented shall constitute granting of the grievance and agreement to
the remedy sought, provided that a hearing may be postponed once if the
arbitrator determines that circumstances clearly require postponement.
8.
Rules
for Hearings
a.
The parties agree that the prompt resolution of cases brought to
arbitration is of the highest importance.
Therefore, except as provided in Paragraph 8(b) below,
arbitration hearings shall be heard in accordance with the following
rules:
(1)
the hearing shall be informal;
(2)
no briefs shall be filed or transcripts made;
(3)
there shall be no formal evidence rules;
(4)
the arbitrator shall have the obligation of assuring that the
hearing is, in all respects, fair;
(5)
the arbitrator shall issue a decision no later than two (2) days
after conclusion of the hearing. The
decision shall include a brief written explanation of the basis for the
conclusion; and
(6)
the
Board shall adopt such other rules as it deems necessary.
b.
In the event the
Union
or the Company
believes that the issues involved are of meaningful precedential
significance or great complexity, it may petition the arbitrator to
allow the filing of briefs as follows:
(1)
the moving party will notify the other party
that it intends to so argue at least seventy-two (72) hours prior
to the start of the hearing;
(2)
the hearing shall begin with the arbitrator taking no more than
fifteen (15) minutes of testimony from each side on that issue;
(3)
the arbitrator shall rule from the bench on the issue of whether
briefs may be filed and the hearing on the case shall commence
immediately thereafter; and
(4)
if the arbitrator rules that briefs are to be allowed, then
briefs shall, without exception, be due within thirty (30) days of the
close of the hearing and the arbitrator’s decision shall be rendered
within thirty (30) days thereafter.
c.
The Company agrees that it shall not, in an arbitration
proceeding or subpoena, call as a witness any bargaining unit Employee
or retiree. The
Union
agrees not to
subpoena or call as a witness in such proceedings any non-bargaining
unit employee or retiree.
9.
Suspension and Discharge Cases
a.
No Peremptory Discharge
(1)
Before
imposing a discharge (which must be in accordance with Paragraph 9(b)
below) the Company shall give written notice of its intent to the
affected Employee and the Grievance Chair.
(2)
Where
the
Union
files a grievance
protesting such intended discharge within five (5) days of receipt of
the notice, the Company may impose no more than a suspension (which must
be in accordance with Paragraph 9(b) below) on such Employee prior to
completing the procedure referred to in Paragraph 3 below.
(3)
The
grievance protesting the intended discharge shall be filed at Step 2 of
the grievance procedure and the Step 2 Answer shall be given prior to
the Company converting the suspension to a discharge.
At the Step 2 meeting the Company shall provide a written
statement fully detailing all of the facts and circumstances supporting
its proposed disciplinary action.
(4)
In the
event the Company does convert the suspension to a discharge, the action
shall be treated as a denial of the grievance at Step 2 and the
Union
may thereupon move
the case through the balance of the grievance procedure.
b.
Justice and Dignity
(1)
In the
event the Company imposes a suspension or discharge (which must be in
accordance with Paragraph 9(a) above), and the Union files a grievance
within five (5) days after notice of the discharge or suspension, the
affected Employee shall remain on the job to which his/her seniority
entitles him/her until there is a final determination on the merits of
the case.
(2)
This
Paragraph will not apply to cases involving offenses which endanger the
safety of employees or the plant and its equipment, including use and/or
distribution on Company property of drugs, narcotics and/or alcoholic
beverages; possession of firearms or weapons on Company property;
destruction of Company property; gross
insubordination; threatening bodily harm to, and/or striking another
employee; theft; or activities prohibited by Article Five, Section K
(Prohibition on Strikes and Lockouts).
(3)
When an
Employee is retained pursuant to this procedure and the Employee’s
discharge or suspension is finally held to be for just cause, the
removal of the Employee from the active rolls shall be effective for all
purposes as of the final resolution of the grievance.
(4)
When a
discharged Employee is retained at work pursuant to this provision and
is discharged again for a second dischargeable offense, the Employee
will no longer be eligible to be retained at work under these
provisions.
c.
Any case involving a suspension or discharge may be filed at Step
2 of the grievance procedure.
d.
The Company will not make use of any personnel records of
previous disciplinary action against the Employee involved where the
disciplinary action occurred two (2) years prior to the date of the
event which is the subject of suspension or discharge, except records
relevant and necessary to establish progressive discipline of the action
in dispute, but in no event longer than five (5) years.
c.
Should the arbitrator determine
that an Employee has been suspended or discharged without just cause,
the arbitrator shall have the authority to modify the discipline and
fashion a remedy warranted by the facts.
d.
Nothing in these provisions shall
restrict or expand the Company’s right to relieve an Employee for the
balance of such Employee’s shift under the terms of the Agreement.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
J. Management Rights
The
management of the plants and the direction of the working forces,
including the right to hire, transfer and suspend or discharge for
proper cause, and the right to relieve employees from duty, is vested
exclusively in the Company.
In the
exercise of its prerogatives as set forth above, the Company shall not
deprive an Employee of any rights under any agreement with the
Union
.
ARTICLE
FIVE – WORKPLACE PROCEDURES
Section
K. Prohibition on Strikes
and Lockouts
1.
There shall be no strikes or work stoppages or the interruption
or impeding of work. No officer or representative of the
Union
shall authorize,
instigate, aid or condone any such activities.
No Employee shall participate in any such activities.
2.
The applicable procedures of this Agreement will be followed for
the settlement of all complaints or grievances.
3.
There shall be no lockouts.
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