AGREEMENT
Between
AUTONEUM NORTH AMERICA, INC.
for the Oregon, Ohio Plant
At 645 North Lallendorf Rd. and Affiliated Facilities
And
LOCAL # 379
RETAIL, WHOLESALE & DEPARTMENT STORE UNION
UNITED FOOD AND COMMERCIAL WORKERS
AGREEMENT
Between
AUTONEUM NORTH AMERICA, INC.
for the Oregon, Ohio Plant
At 645 North Lallendorf Rd. and Affiliated Facilities
And
LOCAL # 379
RETAIL, WHOLESALE & DEPARTMENT STORE UNION
UNITED FOOD AND COMMERCIAL WORKERS
THIS AGREEMENT made and entered into as ofJanuary 1, 2025, to become effective January 1, 2025 - December 1, 2027 by and between AUTONEUM NORTH AMERJCA, INC, a corporation, for its Oregon plant located at 645 North Lallendorf Road, Oregon, Ohio, and affiliated facilities, hereinafter referred to as the "Company" and the R WDSU/UFCW, hereinafter referred to as the "Union."
This agreement is entered into, by and between the Parties hereto, in a mutual effort to promote sound labor and management relations. In accepting this agreement, the Parties recognize their mutual responsibilities and pledge to expend all efforts necessary to maintain efficient and equitable working relationships.
The Company recognizes the Union as the exclusive bargaining agent with respect to wages, hours, and conditions of employment for all employees covered by the terms and conditions of the Agreement, employed or to be employed by the Company. The term "employees" as used in this Agreement shall mean all hourly production, shipping and receiving, and maintenance employees of the Company as set out in Appendix A, at its Oregon, Ohio Plant, and affiliated facilities, excluding foremen, guards, office and clerical employees, technicians, professional employees, and supervisory employees having the right to hire, fire or effectively recommend such action.
Section 1 - Union Shop: All present employees who are members of the Union on the effective date of this Agreement shall maintain their membership in good standing in the Union as a condition of their employment.
There shall be a probationary period defined as ninety (90) calendar days for any new employee (hired or rehired) during which the Company shall have the privilege in its sole discretion of laying off, discharging, or retaining such new employee. Probationary employees may be terminated from employment by the Company for any reason in its sole discretion, and such termination will be considered as for just cause by the Union provided that the termination was not discriminatory in nature. If retained by the Company, such new employee's seniority shall date from the first day worked.
All employees who are hired shall be required to become and remain members in good standing of the Union as a condition of their employment from and on the 91st day worked. The Company will offer a member of the Union Committee to join the orientation process. The Company will give the Union 24 hour advance notice of any new hire orientations.
Section 2 - Check off: Upon receipt of a lawfully executed written authorization from an employee, the Company agrees for the term of this Agreement, or until such authorization is revoked in accordance with its terms, to deduct the regular Union membership dues of such employee from the employee's pay, and to promptly remit such deduction to the official designated by the Union in writing to receive such deductions. The Union will notify the Company in writing of the exact amount of such regular membership dues to be deducted. Initiation fees will also be deducted when indicated on the
authorization in the amount specified by the Union in writing and will be remitted in the same manner as membership dues. The authorizations provided for by this section shall conform to all applicable Federal and Ohio laws. The Union will refund to the Company or to the employee any dues, which may erroneously be deducted, or any monies, which may erroneously be remitted to the Union.
The Company shall within fifteen (15) days upon receipt of Union records, pay over to the Union the amount of such deductions made the preceding month.
The Company has been furnished with copies of the Check off card to be utilized under the provisions of the foregoing Article, and will furnish a check off card to all new employees. The Union will promptly notify the Company of any change in the form of said card.
Section 3 - Indemnification: The Union agrees to indemnify and hold the Company harmless against any and all claims brought against the Company as a result of any action taken or not taken by the Company pursuant to any written communication from the Union under the provisions of this Article.
Section 4 - Supporting Workforce: Supporting Workforce employees will be used to supplement the regular workforce as follows:
a. Supporting Workforce employees will be utilized to supplement the workforce to cover for planned absences, increases in the workforce required to meet increases in customer demands, to alleviate the need for overtime I forced overtime and as an entry to regular fall-time employment.
b. The Company shall hire Supporting Workforce employees so to maintain current production schedules, but the number will not exceed 30% of the regular workforce.
c. Supporting Workforce employees may be scheduled for any part or all scheduled hours for the department in which they are assigned, including a day for which regular full-time employees receive premium pay. There are no minimum days or hours to which Supporting Worliforce Employees are entitled. The Company may call Supporting Workforce Employees to work as needed.
d. Supporting Workforce employees will not be utilized when there are regular full time employees on layoff The Company shall not utilize supporting workforce employees to displace regular full-time employees or to fill permanent vacancies on an ongoing basis. The Company will post permanent vacancies once the position has been occupied by a supplemental workforce employee for 90 days.
e. Supporting Workforce employees shall have preferential hiring for regular full-time vacancies. Selection of supporting workforce employees for regular fall-time positions will utilize the same selection criteria as outlined for the selection of Team Leaders elsewhere in this agreement.
f Supporting Workforce employees will be eligible for Union membership and subject to the provisions of the collective agreement as outlined in this Article 2.
g. Overtime at time and one-half will be paid to supporting workforce employees for all hours worked over 40 in a work week
h. Supporting Workforce employees shall not be covered by the Company's benefit programs, nor shall they be entitled to Pension, holiday pay, and vacation I PTO until 90 days after accepting a fall-time position. It is farther understood that Supporting Workforce employees will be entitled to a minimum of four hours work or pay if they report to work and are not provided with at least 24 hours' notice that there is no work.
i. When a reduction in the number of Supporting Workforce employees becomes necessary, the principal of first-in, last-out will be applied wherever practical. Seniority employees will have first rights to overtime before Supporting Workforce employees. In the event overtime assignments cannot be filled, Supporting Workforce employees will be forced first before Seniority employees.
j. After (90) days of employment, Supporting Workforce employees shall be entitled to enroll in the CDHP health plan provided by the Company and the dental insurance plan available to regular fall-time employees, by paying the applicable employee premiums. A summary plan description is available from the Human Resources Department. To obtain and remain eligible for the insurance a Supporting Workforce employee must work a minimum of (30) hours per week.
Section 5 -No Discrimination: There shall be no discrimination in regards to hiring, rates of pay, continuation of employment, or any other application of the provisions of the Agreement, because of age, sex, race, creed, color, national origin, religion, or activity in behalf of the Union.
Any reference to "employee" in this Agreement means bargaining unit employees.
Any reference to "days" in this Agreement means calendar days unless otherwise designated. Any reference to he or she means both sexes.
The term "classified" means where an employee is placed on the centralized department schedule on Monday of the workweek. The term "qualified" is defined as an employee that has been trained and has worked and knows all applicable duties of a (bid) Job description. The Qualification paperwork must also be properly completed. Employees can disqualify themselves or can be disqualified by the Company after six (6) months of not having operated a job. The Company will discuss an employee's qualification status prior to any action that may be taken.
Section 1 - Overtime Rate: All work performed in excess of forty (40) hours in any one week shall be compensated for at the rate of time and one-half (1 and 1/2) the regular hourly rate. All forced unscheduled daily hours worked beyond eight (8) hours in any one day from punch in to punch out shall be compensated at the rate of time and one-half the regular hourly rate, provided the employee submitted the Forced Unscheduled Daily overtime request form to their supervisor prior to the end of the week in which the overtime occurs. An employee shall only be required to be assigned to one department per day for overtime. Wherever an employee is assigned for work two hours prior to the end of their shift shall be the department they are assigned to for daily overtime. Time and one-half will be paid after 8 hours if it is not the fault of the employee. (Jury duty, vacation, lack of work, Union business, holiday or any days authorized in the contract.)
Section 2 - Saturday Work: All work performed on Saturday as such will be paid at the rate of time and one-half (I ½) the employees' regular rate of pay, except as provided in Section 4 below.
Section 3 - Sunday Work: All work performed on Sunday as such will be paid at the rate of twice (2x) the employee's regular rate of pay, except as provided in Section 4 below.
Section 4 - 40 Hour Week: If an employee is absent during the work week other than for, legitimate Union business, lay-off or the employee volunteers to be sent home, then overtime will only be paid when the employee works over 40 hours per week. For the purposes of this section funeral leave, jury duty, vacation, PTO and holidays will be considered as time worked.
Section 5: There shall be no double payment or pyramiding overtime payments.
Section 6 - Breaks: A twenty (20) minute paid lunch shall be allowed each employee and shall be included in the regular working hours. Such lunch periods shall be arranged to provide continuous operation where necessary, and will occur three (3) to six (6) hours after employees start to work. The relief Person is to relieve a maximum of seven (7) persons plus him/herself.
Relief/Absentee Fill-in shall be used for call offs on daily overtime.
Company agrees to use full Relief/Absentee Fill-in capacity, prior to forcing overtime for absenteeism.
Section 7- Breaks on Overtime: The employee will be allowed two (2) scheduled fifteen (15) minute paid breaks one during the first half of his shift and one during the second half of his shift. After eight (8) hours of consecutive work, an employee will be allowed a fifteen (15) minute paid break when this is not the end of his shift. After ten (10) hours of consecutive work, an employee will be allowed a fifteen (15) minute paid break when this is not the end of his shift. After twelve
(12) hours of consecutive work, an employee will be allowed a twenty (20) minute paid break when this is not the end of his shift. After fourteen (14) hours of consecutive work, an employee will be allowed a fifteen (15) minute paid break when this is not the end of his shift. All breaks will be scheduled to ensure continuous operations provided that all breaks will be given in a timely manner.
Section 8 - Job Transfers: All work shall be performed on straight time basis whenever possible, provided that the employee is qualified according to the plant matrix. The Company may transfer an employee holding a bid off his/her regular shift if the employee volunteers and it does not create overtime in that employee's position. In emergency situations where no other option is possible the Company may allow the transfer. The Company may transfer employees who do not hold bids to another shift whenever the need arises.
Section 9 - Overtime Postings: Daily overtime will be posted in more than one location in each department forty-five (45) minutes prior to the end of an employee's eight (8) hour shift. Any changes that have to be made, must be made fifteen (15) minutes prior to the end of their eight (8) hour shift when employees will be working overtime, both for forced and voluntary overtime, except in the case of an untimely call off by an employee, or notification of authorized inability of employee to work as scheduled, then the Company will notify employees as soon as possible after the untimely call off or notification. In the event that the Company fails to properly inform employees as outlined above, the employee shall be entitled to leave work at the end of their eight (8) hour shift and the Company may not issue discipline to the employee for any work rule violation including insubordination, and/or walking off the job.
Section 10 - Overtime Sign-up/Notification Process: The Company will post a voluntary sign-up list for scheduled overtime. Employees may sign up for scheduled overtime beginning Monday of the week preceding the scheduled overtime opportunity. When an employee places his/her name on the volunteer list, the employee indicates the classifications, shifts, and days in which he/she is qualified and willing to work overtime. Scheduled weekly overtime must be placed on the schedule the preceding Thursday of the week. Employees once scheduled will be required to complete their assigned scheduled hours. Due to unforeseen circumstances, changes to a daily schedule can be made up to twenty-four (24) hours prior to the start of the affected daily schedule, including overtime hours.
A voluntary sign-up list for unscheduled daily overtime will be available via the overtime system at the following times:
(Day Shift) - 6:30 AM - 1:00 PM
(Afternoon Shift) - 2:30 PM - 9:00 PM
(Midnight Shift) - 10:30 PM-5:00 AM
When an employee places his name on the volunteer list, the employee indicates the classifications, shifts, and jobs in which he/she is qualified and willing to work overtime. Qualified volunteers will be used to replace forced scheduled employees or forced unscheduled employees by seniority.
The Company must notify employees a minimum of forty-five (45) minutes prior to the end of their eight (8) hour shift when employees will be working overtime, both for forced and voluntary overtime, except in the case of an untimely call off by an employee, then the Company will notify employees as soon as possible after the untimely call off. In the event that the Company fails to properly inform employees as outlined above the employee shall be entitled to leave work at the end of their eight (8) hour shift and the Company may not issue discipline to the employee for any work rule violation including insubordination, and/or walking off the job.
Section 11 - Assigned Overtime: Overtime will be assigned based on the following procedure not to exceed twelve (12) hours. The first four hours come from the preceding shift, and the second four hours come from the succeeding shift:
1. Senior department classified shift volunteer
2. Senior department classified volunteer
3. Senior department qualified volunteer
4. Senior qualified outside of department volunteer
5. Forced over junior Supporting Workforce employee
6. Forced over department junior qualified employee
The process used to determine which job he/she will work for weekend overtime will be determined by the weekly work schedule. Meaning, where he/she is scheduled on the Centralized Weekly Work Schedule as of each Monday, (according to the employee's job bid) is the classification he/she will hold for weekend scheduling purposes.
Section 12 - Other Overtime Terms and Conditions:
A. Minimization of Excessive Overtime: Work hours shall not exceed twelve (12) hours from punch in to punch out within a twenty-four (24) hour period. However, an employee may volunteer to work up to sixteen (16) hours any two (2) days of the week. No employee will be allowed to work more than sixteen (16) hours in any one work period from punch in to punch out. After working any shift an employee must be off work for a minimum of twelve (12) hours prior to returning to work, unless volunteering, or in cases where a line will be shut down due to lack of staffing, in that case an employee will be off a minimum of eight (8) hours. In the event the Company fails to comply with the twelve (12) working hour limit as outlined above, the Company may not issue discipline to the employee for any work rule violation including insubordination, and/or walking off the job.
Employees can sign up for a four (4) hour shift if no employee has requested an eight (8) hour shift. Four (4) hour shifts will take precedence over a 16-hour shift. For example, two employees who volunteer for a four hour shift will be given preference over employees who sign up for a 16 hour shift.
B. Forced Overtime: The Company agrees to honor late volunteer requests, based on the following conditions:
1. The request is made directly to the Supervisor, within thirty (30) minutes after posting shift schedule (fifteen (15) minutes prior to the end of the shift), all requests will be documented
2. Forced employees have no rights to the overtime and no schedule changes will be made once the replacement is authorized
3. An employee who signs up in the overtime system timely will have rights to the overtime before a late volunteer regardless of seniority
4. Employees once scheduled will be required to complete their assigned scheduled hours
C. Emergency or Unforeseen Business Issues: The Company and the Union jointly agree that due to unforeseen or unusual business conditions the Company and the Union Committee can make adjustments by mutual agreement in the scheduling and/or other contractual processes on a temporary basis to meet business production requirements.
D. Medical Excuse after Overtime Notification: A signed medical excuse must be presented to the Company before an employee is allowed to return to work, if, after having been infonned of being required to work overtime an employee states he/she is sick and going home.
E. Grievance Rights for Overtime: The Company is only required to call those employees in for unforeseen overtime whose name appears on the overtime sign up list.
For the purposes of weekend overtime, after the sign-up list, employees will be called by seniority in accordance with OT guidelines set forth in Article 4, Section 11.
For the purposes of a holiday overtime, after the sign-up list, employees will be called by qualified department seniority.
The Union will not award an overtime grievance when the Company has complied fully with the overtime scheduling process.
F. Additional Overtime Guidelines: All inventory will be assigned to volunteers according to plant-wide seniority. Without limiting management's right to use outside contractors, when feasible and cost effective, our employees will be offered the opportunity to perform any production area painting or electrical work before outside contractors.
To determine which job he/she will work will be determined by the weekly work schedule. Meaning, where he/she is scheduled on the Centralized Weekly Work Schedule as of each Monday, is the classification he/she will hold for weekend scheduling purposes. Employees signing for overtime can be reassigned by seniority to other areas the employee is qualified in only.
Overtime for General Cleanup and work generally performed in the department shall be offered in the department where the work will occur first. If the work in the department is completed prior to the end of the scheduled overtime shift the Company may utilize employees to do general clean up plant wide to fill out the remainder of their overtime shift. If cleanup being offered is general in nature and is not normally assigned to a department, the cleanup shall be offered to employees on a plant wide seniority basis.
Miscellaneous work will be considered work not normally performed in the department and all work performed will be selected by using the plant-wide seniority list.
In the event that the Company moves a part from one machine to another machine for overtime purposes no employee would be consider classified for the overtime for weekend overtime. In that event the senior employee qualified on machine and part would be allowed to volunteer for the overtime first for weekend overtime. In the event that no employee volunteers for the overtime the junior qualified employee on machine and part will be forced to complete the overtime assignment for weekend overtime.
For daily overtime, the person(s) assigned to the job classification that day would be considered as classified for that job for the overtime.
Employees must be qualified two (2) hours prior to the end of the shift in order to be forced or be allowed to volunteer for the opening in question.
Section 1- Work Week: The regular workweek shall consist of five (5) consecutive days, normally, but not limited to, Monday through Friday, inclusive. However, nothing contained in this Agreement shall be construed as a guarantee of hours of work per week or of days of work per week.
The first (day) shift will normally begin work between the hours of 6:00 AM and 8:00 AM;
the second (afternoon) shift will normally begin work between the hours of 2:00 PM and 4:00 PM;
the third (night) shift will normally begin work between the hours of 10:00 PM and 12:00 AM.
Monday shall normally be the first day of work for day and afternoon shifts. The night shift's week shall begin Sunday but shall not be subject to the normal Sunday pay premium.
The Company may schedule individuals, or groups of individuals to work, outside of the days and hours referred to above in Article 5, Section 1. The Company will discuss with the Union any such schedule changes.
Section 2-Hours: The Company will attempt to schedule forty (40) hours of work per week for non laid-off employees.
Any full-time employee who reports for work and works as scheduled shall receive a minimum of eight (8) hours work or, in lieu thereof at the Company's option, eight (8) hours pay, except in emergencies beyond the Company's control.
Any employee called in to work for the convenience of the Company will be guaranteed at least eight (8) hours work or, in lieu thereof at the Company's option, eight (8) hours pay. Any employee called in before the start of his scheduled shift will be permitted to complete his scheduled shift.
Section 3 - Holidays: Double the regular hourly rate shall be paid for all work performed on the following holidays:
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
Day After Christmas
New Year's Eve
*Easter Sunday
*Easter only paid if worked and only hours worked prior to start of third shift Monday. Employees will be given the weekend before or the weekend after his/her birthday without pay,
provided the employee provides leave of absence paperwork, prior to creation of affected weekend
schedule.
A. During the weeks of the holidays cited in Section 3 of this Article, regular full-time employees on active (working) status shall receive eight (8) hours pay at their respective straight time rates including shift differential in addition to wages earned via performing work on the specified holiday provided:
*Probationary employees are not eligible for holiday pay.
B. Eligible employees must work their last scheduled full workday before the holiday and the first scheduled full workday after the holiday; unless the employee is approved by the Company to leave early or the employee is on vacation, PTO, funeral leave, or jury duty when the holiday occurs, then they must work their last scheduled full workday and their first scheduled full workday, in order to get holiday pay.
C. Non-probationary employees placed on layoff twenty (20) calendar days or less prior to a given holiday who are recalled within twenty (20) calendar days following the holiday shall be eligible to receive holiday pay provided they work their last scheduled full workday prior to the layoff and their first scheduled full workday subsequent to the layoff.
D. An employee may still receive holiday pay if they were absent either the workday before or after the holiday they are scheduled to work, if the reason for the absence is an "emergency" situation. This "emergency" must be substantiated with documentation of the reason for the absence, which is acceptable to the Company. The Union shall have the right to challenge the reasonableness of the Company's decision in accepting or rejecting the reason and documentation for the absence.
E. This provision is not to be construed as a "Guarantee" of Holiday Pay- it is intended to provide for those situations when an employee must in fact absent himself/herself part of a holiday
·qualifying day due to a valid emergency situation. This shall apply to both paragraphs C and D above.
Section 4 - Weekday Schedules: Weekday schedules as defined in section 1, will be posted by Thursday of each week showing the employees' starting times. The Company agrees not to make changes in such weekly schedules without twenty-four (24) hours advance notice to the employees and the Union. The twenty-four hour (24) notification may be waived based on unforeseen circumstances when mutually agreed upon between the Company and the Union. The Company along with a Union committee person or steward present will tell any employee that is affected by a revised schedule of the revision (schedule change).
The Company will post a voluntary sign-up list for scheduled weekend overtime. The Company will post the weekend schedule forty-eight (48) hours prior to the start of the weekend. Due to unforeseen circumstances, changes to the schedule can be made up to twenty-four (24) hours prior to the start of the weekend schedule. The process used to determine which job he/she will work for weekend overtime will be determined by the weekly work schedule. Meaning, where he/she is scheduled on the centralized weekly work schedule as of each Monday, (according to the employee's job bid) is the classification he/she will hold for weekend scheduling purposes.
Section 5-Checks: All employees will be paid by direct deposit or debit card on Friday of every week unless that day is a holiday. in which case, pay will be deposited on the preceding work day. The Company's policy will be to pay one (1) week after the pay period has completed.
During weeks in which a holiday falls employees shall be issued their pay including holiday pay even if enough time does not exist to allow the Company to validate the employee's eligibility for holiday pay under Article 5.5 above. If an employee receives holiday pay and is later found to be ineligible for holiday pay under Article 5.5 above the Company then may remove an amount equal to the holiday pay from the employees pay the following week. The Company's policy will be to pay one ( l) week after the pay period has completed.
If the employee notifies the Company about a payroll discrepancy of 8 hours or more in their paycheck by Friday (before 5:00 P.M.), the Company shall deposit the remainder due to the employee.
Whenever possible the Step 2 meeting will take place on the second Tuesday except as pertaining to Section 3 (discharge) and the Step 3 meeting will be held on the fourth Tuesday of each month.
Section 1- Grievance Filing: Should differences arise between the Company and the Union or its members employed by the Company, as to the meaning and application of the provisions of this Agreement, the parties shall settle their differences according to the procedure set forth below:
STEP 1: The aggrieved employee and/or Union Steward shall present any grievance in writing to the employee's Supervisor, and/or Company Representative accompanied, if he so requests, by his Union Steward, within ten (10) working days, excluding weekends and holidays, after the event which gives rise to the grievance, or it will not be considered in the Grievance Procedure. The Supervisor shall answer the grievance to the aggrieved employee and/or Union Steward, with a copy given to the grievance committee within ten (10) working days, excluding weekends and holidays, after having received it. The Manufacturing Manager shall meet with the Union's chief steward and/or grievance committee member as needed on an ongoing basis for the purposes of trying to resolve grievances prior to the 2nd step meeting talcing place.
STEP 2: The Union Shop Committee shall present any grievance not settled in Step 1 above, in writing, to the Company's designated representatives during the step 2 meeting. An agenda will be made available so supervisors and members can be scheduled. The Company's designated representatives shall give the Shop Committee an answer, in writing, not later than ten (JO) working days, excluding weekends and holidays, after having received the grievance. Whenever possible the Step 2 meeting will take place on the second Tuesday except as pertaining to Section 3 (discharge).
STEP 3: In the event the grievance remains unsettled, a meeting of the Shop Committee, accompanied by a representative of the RWDSU/UFCW and designated representatives of the Company shall be held at the next regularly scheduled monthly meeting. The Company's designated representatives shall provide a written answer to the RWDSU representative within ten (10) working days of the step 3 meeting. The step 3 meeting will be held on the fourth Tuesday of each month.
STEP 4: In the event that the grievance has not been satisfactorily settled, the parties shall at the written request of the Union within thirty (30) working days after receiving the Company's written answer after the step 3 meeting, request from the Federal Mediation Service a panel of five (5) names from which the parties shall select an impartial arbitrator. The final selection of an arbitrator shall be made by first having the Union strike one name from the panel submitted, then the Company, then the Union then the Company, and the name remaining shall be the designated arbitrator.
The decision of the arbitrator shall be final and binding on both parties to this Agreement. The fees and expenses of the arbitrator shall be shared and paid equally by the Company and the Union. The arbitrator shall decide each issue on the basis of the provisions of this Agreement and shall have no power to add to, delete from, or change any of the provisions of this Agreement.
Section 2 - Grievance Extension: If the facts of the grievance warrant it, the Company and the Union may mutually agree, in writing or verbally, to an extension of time in any of the above grievance steps.
Section 3 - Grievance Escalation: It is agreed that harmonious relations between the parties require the immediate filing and disposition of grievances. Grievances involving discharges, suspensions, layoff, or recalls must be tendered within ten (10) working days, excluding weekends and holidays, after the event which gives rise to the grievance or they will not be considered under the grievance procedure. Such grievances shall be initially filed in a Step 2. If the Company fails to give an answer to the employee in Step 1, or the Union Shop Committee in Steps 2 or 3, the grievance will be regarded as having been granted as filed by the employee and/or Union Shop Committee. Likewise, if the employee and/or Union Shop Committee fail to present the grievance within the time periods indicated or if they fail to appeal to the next higher procedural step within the time limitations imposed, the grievance will be regarded as having been settled on the basis of the Company's last answer.
Section 4 - Class Action: A grievance involving the employees of more than one department shall be filed in writing and shall be taken up initially in the 2nd Step of the grievance procedure.
Section 5-Arbitration: If the facts of a grievance so warrant, the Union may call in the grievant or any witness in any step of the grievance procedure including arbitration providing it does not disrupt production.
Shop Committee & Representation
Section 1 - Committee Members: A Shop Committee shall be established by the Union to handle all matters for the employees relating to grievances or other Union business. The committee shall be composed of not more than four (4) employees. The Company shall be advised in writing as to the membership of the Shop Committee and the changes therein when they are made. Such Committee members shall be given the privilege ofleaving their jobs to attend to matters concerning application of this Agreement, which could not be practically referred to at a later time. However, such leave shall be taken only after proper notice has been given and sanction to leave has been granted by the committee member's supervisor. Such sanction shall not be unreasonably delayed.
Upon entering an area other than that assigned to him as a place of work, the Union Representative shall immediately make known to the supervisor responsible for that area his presence and purpose. The Company will compensate Union Representatives for time lost from their regular working hours while involved in the legitimate pursuit of matters relating to the above. The Parties agree that casual ''surveys" of shop conditions and/or solicitation of grievances will not be condoned or tolerated. It is further agreed that if a Union Representative is requested by the Company to stay after his/her regular shift, or come in prior to his/her shift, in pursuit of legitimate Union business, the Company will compensate him/her for all time at his/her regular hourly rate.
Section 2 - Harmonious Relations: The Shop Committee shall meet with the Plant Manager or his designated representative as needed to promote harmonious relations. This meeting shall be compensated for by the Company and shall not occur more frequently than once each month.
Section 3 - Work Rules & Regulations: It is recognized that to guard employees' security, personal safety and welfare, it is necessary for the Company to continue to maintain reasonable work rules and regulations. These rules and regulations will continue to be enforced fairly without discrimination to any employee, subject to the grievance procedure. The work rules and regulations may be changed from time to time as deemed necessary and appropriate by the Company. The Company will discuss such changes with the Union prior to the rules' effective date. The Union may appeal same through the grievance procedure within five (5) working days thereafter (inclusive of the effective date). The Company's safety rules are to be considered a part of the Company's work rules and regulations.
Section 4- Discipline: Discipline will be issued by the Company within ten (10) working days, excluding weekends and holidays, following the event giving rise to the disciplinary action. Both parties recognize that occasionally circumstances associated with the work rule violation may reasonably
preclude the Company from being aware that the work rule violation occurred within the above mentioned time limits. Such circumstances will be considered in the application of this section. Situations where any member of the Company's management is aware or should have been aware of the violation shall not be considered as reasonable. For customer part defect issues the Company must demonstrate why the defect is the fault of Autoneum employees before discipline can be issued. The Company Attendance Policy will be excluded from this section.
A. Discipline/Security Camera: An employee that could be disciplined by management should be made aware of the infraction at the time that management is made aware of the infraction. In good faith, upon request, access to camera footage will be made available to both parties. All cameras will comply with State and Federal Law. Camera footage will only be used when a situation requires investigation. Union committee will be notified when footage is to be reviewed.
Section 5 - Issuing Disciplines: The Company will make available to all employees a shop steward and/or a shop committee person prior to and/or while issuing any discipline and/or prior to and/or during any interview with any Union member for the purpose of issuing discipline.
Section 6 - Representation Timeliness: When an employee deems it necessary, the Company will allow employees to meet with a Union representative to discuss matters of immediate concerns. The Company is not required to shut down operations or cause undue hardship to other workers in an effort to allow an employee to meet with a Union representative. The Company will make a reasonable effort to allow the meeting in a timely manner. Employees and the Union representatives must have permission from their Supervisor before they engage in such activity. The Company has the right to postpone the conversation until such time relief can be found to allow the employees to leave the area, permission will not be unreasonably withheld. In situations where it is reasonable to believe that the health or safety of an employee is in question, the employee is required to notify the supervisor before
interrupting operations if possible, or immediately after intenupting operations if the employee feels that continuing operations would result in imminent harm to a fellow employee, or damage to Company. property before seeking Union representation.
Section 7 - Sign-up Sheets: All schedules sign-up sheets, and Company postings relative to labor contract will be supplied to the Union upon request.
Section 8 - Senioritv Lists: The Union will be furnished with current lists of all new employees the first of each month. The Company shall provide the Union with an up-to-date seniority list within thirty (30) days after the signing of this Agreement and shall provide additional up-to-date lists every three (3) months.
Seniority
Section 1-Definitions: Seniority is defined as an employee's length of continuous service with the Company in years, months, and days beginning with his last date of hire. Seniority shall be established and maintained on a plant wide basis, including Maintenance.
Seniority in the Maintenance department shall be limited to Maintenance employees and shall be divided into the technician levels outlined in Maintenance Article 21.
A. TEMPORARY SHUTDOWN AND LAYOFF DEFINITIONS
For the purpose of defining a temporary shutdown versus a layoff situation, the following guidelines will apply when the Company determines that no work is available:
Concerning temporary Shutdown, the listed procedure will be considered if the Company determines no work is available.
"Temporary Shutdown"
I. A temporary shutdown is a cessation of operations in the entire plant, or a work cell, or a department, or a function, excluding Maintenance, for a period ofup to five (5) workweeks. During all Temporary Shutdowns the following procedures will apply:
a. Unscheduled forced employees will be sent home first,
b. Then scheduled forced employees will be given the option of working or not,
c. Volunteer weekly scheduled overtime will be given the option of working or not.
d. Then the senior employees in the affected department will be given the option of working or not working. The senior employee who wishes to work has the right to choose job and/or shift if applicable, provided that they are fully qualified to perform the job as determined by the qualification matrix. The senior employees in the affected department who wish to remain working must exercise their seniority within their own department, on any shift prior to exercising their seniority plant wide.
2. Temporary shutdowns will be divided into three separate categories with special provisions for each category as follows:
a. For temporary shutdowns ofless than one (1) full workday, senior employees in the department may only exercise their seniority on shift within their own department. No . advance notice by the Company need be given; however, employees who are forced to leave work prior to completing their eight (8) hour shift shall be entitled to receive their guarantee of eight (8) hours for that day.
b. For temporary shutdowns of more than one (1) day during the same work week in which the temporary shutdown was first issued by the Company, the employee may only exercise their seniority within their own department. For unplanned temporary shutdowns of less than one
(1) week the Company need only provide the employees the advance notice outlined in
Article 5, Section 4. Employees may also bump off shift within their own department provided that there is sufficient time remaining in the work week to allow the Company to provide the affected off shift employees with their change of schedule notice as outlined in Article 5, Section 4.
c. For temporary shutdowns for the succeeding work week or weeks up to the limit of five (5) consecutive work weeks, the Company will give forty-eight (48) hours advance notice of a temporary shutdown for the succeeding work week(s), except in extraordinary customer directed circumstances and/or act of God emergencies beyond the control of the Company. The senior employee(s) in the department will inform the Company within Twenty-four (24) hours after first being made aware of the temporary shutdown, of their desire to work what job and/or shift. If no one wishes to work, the junior qualified employee in the department will be required to work.
This section (A-3) will apply even if the shutdown is for part of the work week if the Company is aware of the need for a partial work week shutdown for the succeeding work week. Employees may only bump into a job during any of the above temporary shutdown situations if they are fully qualified to perform the work as determined by the qualification matrix. Should an employee fail to perform satisfactorily, he will be subject to disciplinary action.
3. Recall from temporary shutdown shall be in seniority order, except that senior employees who volunteered for the temporary shutdown shall not be recalled until after all employees in the affected department forced off work during the temporary shutdown are returned to work first, or the limit for temporary shutdown is reached for which the employee was originally informed. In this event the employee shall be allowed to return to work and the Company will then follow the temporary shutdown procedure outlined in Step 3 above to complete the process for the extended temporary shutdown time. All employees returned to work after a temporary shutdown shall be returned to their fonner bid job classification.
"Lay-off''
A layoff is a cessation of operations in the entire plant, or a work cell, or a department, or a function, excluding Maintenance, for a period over five (5) consecutive workweeks. The temporary shutdown clause need not be invoked prior to any layoff.
All of following conditions shall apply to all layoff situations:
1. Any job made vacant due to layoff shall be posted through the job bid procedure. All employees affected by the layoff shall be entitled to bid and the six (6) month bidding restriction in Article 9, Section 1 shall not apply. If an employee exercises their seniority to bump or bid to a job that they are not qualified to perform in order to avoid being laid off, the Company will provide training to the employee for that job classification. Upon recall of the work force from layoff the employee who is trained as outlined above may not bid again during the remainder of the original six (6) month period unless they are qualified to perform the job classification according to the qualification matrix. Employees are always allowed to bid regardless of the six (6) month restriction for the exceptions outlined in Article 9, Section 1.
2. All layoff and recall rights shall be based on plant wide seniority excluding Maintenance. Any employee reduced from within his/her classification will be permitted to exercise seniority rights within the plant.
3. The Company will notify the Union as soon as possible, but no later than forty-eight (48) hours in advance of a layoff except in extraordinary customer directed circumstances and/or act of God emergencies beyond the control of the Company, indicating the number and identity of employees to be laid off and the departments and classifications to be affected in order that senior employees may exercise their seniority bumping rights in a way so as to ensure the least disruption of the operation of the facility. The affected senior employee(s) in the plant will inform the Company within Twenty-four (24) hours after first being made aware of the layoff, of their desire to work what job and/or shift.
a. The Company will train employees during lay-off situations in order to allow senior employees to remain working.
b. Reduced employees will fill in openings after a layoff with the employee in seniority order selecting from the open job classifications.
c. The employee returning from layoff will have forty-eight (48) hours to submit the seniority bumping rights form to their supervisor, provided that they have sufficient seniority to bump into another position and are fully qualified to perform the job. After the forty-eight (48) hours has expired, employees may no longer bump and will revert back to the bidding process to acquire new jobs.
d. Employees will be recalled from lay-off, in order of highest seniority. However, if the recall is five (5) workweeks or less, the senior employee with the qualifications for the job available will be recalled as per the temporary shutdown section.
e. If the whole plant is to resume production and it is a total recall, all employees will return to their former positions.
f. On the partial recall when a department and/or line resumes production, by seniority per contract, any job made vacant due to the recall will be posted through the job bid procedure.
Section 2 -Recalling Employees: When recalling employees from layoff it is understood and agreed that the Company may need to temporarily assign employees to a job classification other than the employees bid job classification in order to allow for the efficient operation of the plant while the recall and bidding process is being completed.
Section 3 - Unfilled Jobs: During a temporary shutdown or layoff, no normal bid job that is still in operation may be left unfilled ifthere is a qualified employee laid off from work.
Sect.ion 4 - Checking Schedules: All employees off work due to a temporary shutdown, including the summer and winter shutdowns are required to check the schedule each week in order to determine if they are recalled to work for the succeeding week. Employees off work due to a lay-off are not required to check the schedule each week. The employees on layoff shall be informed by the Company by phone or by certified mail of when to return to work.
Section 5 - Launch Bid on Lavoff: Special circumstances that limit employee's ability to bid or bump into launch bids during a temporary shutdown or layoff situations are outlined in Article 9, Section 3.
Section 6- Seasonal Shutdowns: Scheduled shutdowns (summer and winter). Senior employees will be given an option of working or not working. In the event that no employees desire to work the summer or winter shutdown, the junior most qualified employee in the plant may be required to work. The Company is responsible for posting summer and winter shutdown no later than six (6) am on April 30th. The Company will review any hardship cases on a case-by-case basis.
Section 7 - Seniority: The Company agrees to continue to invoke the rule of seniority for employees in a reasonable and equal way, giving preference to the senior employees in a reasonable and equal way, when he possesses the necessary qualifications to do the work. Any determination made by the Company as to employees' qualifications may be challenged through the grievance procedure.
Section 8- Part-Time & Prnbationarv EmpJoyees:
A. Employees hired on a part-time basis shall acquire no seniority under the provisions of the current agreement. There shall be no seniority among part-time employees.
B. Part-time employees shall receive no benefits other than wages.
C. The Company's use of part-time employees is governed by Article 2, Section 4, of the existing agreement.
D. In filling vacancies necessitating an overtime situation, the following procedure will apply:
1. Refer to overtime lists posted
2. If no signatures appear on the overtime lists, call laid off employees who are qualified for such work and have indicated their availability for such work
3. If not filled via 1 or 2, call part-time employees
E. Summer Help: The Company and the Union agree that "summer help" may be used outside the physical plant facility from May to September to mow grass, landscape, paint, etc. Without being subject to Union jurisdiction.
F. Probationary employees once qualified on a job as determined by the Company shall be part of the voluntary and forced overtime procedures. The Company agrees to not unduly delay the qualification process for probationary employees.
G. No probationary employee shall be used to train any other employee unless they are qualified on the job.
Section 9 - Separation of Seniority: Seniority, together with all other rights of an employee under this Agreement, including the rights of employment, shall be forfeited and the relationship of the Company and employee shall be considered broken and terminated when any of the following circumstances arise:
A. An employee voluntarily quits;
B. An employee is discharged for cause in accordance with the Company rules and regulations;
C. An employee is absent for three (3) working days without notifying the Company unless it is impossible for him to do so;
D. An employee who has been laid off fails to report within three (3) working days after being notified of the recall by telephone and/or by certified mail, return receipt requested, sent to the last address indicated on his personnel file. In the event of telephone notification, a union steward will be present to verify completion of telephone call and a record of the phone calls will be maintained;
Employees who are off work due to a temporary shutdown are responsible for checking their schedule on Thursday of each week they are off work for the succeeding week.
Employees who fail to report to work as scheduled within three (3) working days after a recall may receive discipline up to and including tennination of employment. Any revision of the schedule after it is posted, the Company must contact any employee affected by the revision by phone or certified letter in order to require them to report to work. Once a temporary shutdown becomes a lay off as outlined in Article 8 the employee is no longer required to check the schedule each week but shall be notified by the Company as outlined above as to when to return to work.
E. An employee fails to report for work upon expiration of a leave of absence unless an extension has been requested and received by the Company prior thereto;
F. An employee is laid off for a period equal to the length of his seniority, but in no event longer than three (3) years. Vacation benefits accrue to the employee's next celebrated anniversary only. After one (1) year on layoff the employee will cease to accrue further seniority and the two (2) remaining years shall be for recall rights only. •
G. An employee working elsewhere without the Company's written consent while on leave of absence.
H. Six (6) months after an employee leaves the bargaining unit to accept a supervisory or other non bargaining unit position with the Company. His seniority shall be frozen during this six (6) months period only. An employee accepting a permanent supervisory or other non- bargaining unit position after a temporary position as outlined in (I) below, their six (6) month period shall begin from the first day of accepting the temporary position.
I. Employees may be permitted to accept a temporary salaried position with the Company for a period of ninety (90) calendar days without the loss of seniority. Such employee will not have the right to hire, fire, discipline, or recommend the same. The provision may be exercised once per employee.
Job Bidding
Section 1 -Bid Vacant Jobs: If a vacancy occurs in any job classification or additional hourly personnel are required, no new employees shall be hired to fill such vacancy Until regular employees then working for the Company and regular employees laid off have first been given an opportunity to fill such vacancy or new positions.
The following procedure shall be followed:
Any job vacancy will be posted within forty-eight (48) hours, job bids will remain posted for forty-eight (48) hours, job bids will be awarded within forty-eight (48) hours. Any employee then working shall have the right to file an application for the posted job classification within forty-eight (48) hours following the posting. The Company, in posting such job classification for bid, will cite the job classification title, the rate of pay, the department in which the work is perfonned (and the location
therein if applicable), the shift on which the work is to be performed, and a brief description of the work to be performed. To fill a job classification vacancy, seniority rights shall prevail. In the event that no application is made within the said forty-eight (48) hour period by employees then working, said job classification will be assigned to employees in order of seniority without a bid. All job bids, descriptions, and applications shall be date and time stamped. Any bids not entered in a timely manner shall not be accepted.
Should a laid off employee fail to qualify on such job classification, he shall be recalled only to a position for which he had been qualified. An employee so recalled who is subsequently determined unqualified for the position shall receive no credit for service performed in this period of time and shall be considered as having been continuously laid off since his initial date of layoff for purposes of Article 8, Section 9(F). The Company, at its option, may consider bids placed by probationary employees.
An employee assigned to a vacancy, as above provided, shall receive the rate of the job classification after he has been qualified on such job. Employees shall only have the right to overtime in his new job classification or status. Meanwhile, he shall hold the rate of his last permanent job classification, or the rate of the bid, whichever is lesser. If an employee's work proves unsatisfactory, he shall be returned to his former job classification or status, if still available, meaning if the previous job classification is not awarded or eliminated, he/she may return to it. If, on the other hand, his work proves satisfactory and proficient, he shall be paid the rate of the new job classification subsequent to qualification. A period of between five (5) and thirty (30) (except jobs requiring knowledge of the complete department) days will be used for training for qualification purposes. Upon management's discretion the employee's training may be extended.
The jobs requiring more or less training will be agreed between the Union and the Company. The Company agrees with the addition listed/Union request criteria for job training that would show best practices and length of training.
Any employee successfully bidding (not assigned) on a job classification posting shall not be permitted to bid for at least six (6) months after being awarded the job classification. When an employee files a bid request, that employee will also be able to file a shift bump. This six (6) month bid restriction shall not apply and shall be removed in the event that an employee is disqualified by the Company, the Company has not placed the employee on the job within thirty days after the job was awarded, the employee is bumped off their job classification and/or off their shift by a senior employee, or in the event of a long term layoff. The six (6) month restriction shall also not apply for launch bids or for new job bids after the completion of the launch bid process. An employee may bid to a higher paying classification after having been awarded, via job bid, his current classification at any time regardless of the six (6) month restriction. Employees who disqualify themselves during their training period from their bid job classification shall not have seniority bumping rights; however, they will be allowed to bid to another job if their previous job classification has been filled, this shall be limited to one (1) time in any six (6) month period. After being qualified on the job classification an employee may only disqualify themselves from their bid job classification for a valid extraordinary reason acceptable to the Company. Any new employee may not bid until they have been a Union member in good standing for six (6) months, but may bump as per Article 12, Section 3 after completing the probationary period.
Current bid holding employees who are awarded a new bid position will have three (3) days to try out their new position. At anytime during the first three (3) days, employees may choose to return to their former bid position but they will not be eligible to bid again for six (6) months.
When an employee's job is eliminated, that employee has the right to bump the lowest seniority person on whatever shift the employee wants that his/her seniority will allow. The employee will not be allowed to use a shift bump for six (6) months.
When one job or more than one job is eliminated the senior person will have first choice to use his/her seniority rights.
When a job is posted and is not filled the job will remain posted until it is assigned, awarded or eliminated.
By way of clarification it is noted that a bidder may be "awarded" a job one day but may not actually begin working in that capacity until a later date but no longer than (30) days, except in cases where a line would be shut down due to staffing if the qualification procedure begins at a time subsequent to the date the bid is awarded, upon successful completion of the qualification period, the successful bidder's seniority will revert to the date of the award, and he will be compensated at the higher rate of pay for the period between being awarded the bid and physically starting the bid job.
When an employee is awarded a job classification bid, the Company will extend its best efforts to train said employee and qualify him/her for the new position. Such efforts shall be supported by bi-monthly evaluations in writing by the supervisor and the employee.
Employees once in training must remain in training until training is completed except in cases where a line will be shut down due to lack of staffing.
The Company and the Union will address specific delays in transfers to jobs awarded via the bid procedure when such delays appear to be excessive.
Subsequent to disqualification, an employee may again bid on a vacancy advertised for the job from which he was disqualified:
1. A period of six (6) months has elapsed, and;
2. The original disqualification was for a reason other than safety.
Management reserves the right to review each disqualification on a case-by-case basis and may choose to allow an employee who was disqualified for a safety reason to bid again after 2 years.
Section 2 - Shift Bump: Employee shall be permitted to exercise their seniority rights to shift preference by displacing less senior employees in the same job classification on another shift no more than once every four (4) months, except that Company-induced moves, change in job classifications, or being bumped by another employee will give the employee another right to bump, if within the same four-month period.
Section 3 - Training on Overtime: It is agreed that employees may volunteer to train on overtime for their bid position that they have been awarded through the bidding procedure of the collective bargaining agreement, however it shall remain within the Company's discretion to allow the training or not. It is understood and agreed that such training shall not interfere with their contractual obligations under the forced overtime procedures in the contract.
Section 4 - Launch Bids: A launch bid shall be defined as any required job that needs to be performed for the purpose of developing new business/and or product lines for the Company. All launch bids shall be done in accordance with the bidding procedures outlined in Article 9, Section 1.
The following special circumstances shall apply to all launch bids:
A. Any employee who bids on a launch bid shall be expected to remain on the launch bid for the entire duration of the product launch, until the jobs associated with that launch become permanent jobs and are bid in the normal manner and the employee bidding on the permanent job has completed their training period or when it is determined that the launch bid is no longer needed if the Company will not be awarded the launch business.
B. Any employee bidding a launch bid shall also retain their current bid position for the duration of the launch bid for days in which they are not required to work on the launch in the event that the launch is not performed on a daily basis. In the event that the launch would be performed daily for over thirty days after the employee is physically placed into the launch bid, the employees previous bid position will be bid in the normal manner and the employee awarded the launch bid shall only retain the launch bid.
C. At the conclusion of the launch bid process, the employee whose previous job was bid due to the thirty day rule shall retain their seniority bumping rights if they do not bid at the conclusion of the launch bidding process.
D. All employees bidding on the launch bid shall be required to perform all overtime both scheduled and unscheduled associated with the launch bid, in seniority order for those employees on the launch bid. Employees not on the product launch, may not request or be forced to perform any overtime associated with the launch. The Company may fill launch bid vacancies (example - vacation absences) with other employees, per contract, salaried employees or other contractors may also perform specific work necessary to ensure a successful launch.
E. All employees shall be obligated to the launch bid first for both straight time and overtime prior to their normal job bid duties if they still hold their previous bid. Launch bid employees who are not performing launch bid overtime shall still be obligated to perform forced overtime in the normal manner as outlined in Article 4, Section 9. Employees who are part of the launch bid but are assigned to another shift shall be moved to the launch bid shift as required on a daily basis to perform the launch bid duties.
F. All employees who bid and are awarded a launch bid shall not be laid off during a temporary shutdown if the launch bid is still required to be performed during the temporary shutdown as defined in Article 8, Section 1.
G. All employees who bid or are assigned and are awarded a launch bid will continue to perform the launch bid including training even during a temporary shutdown and senior employees will not be allowed to bump into the launch.
H. Employees may only bump into a launch bid as a last resort and only during a long term layoff. It may be necessary for both employees for each specific job where a bump is taking place to remain working until the replacing senior employee is fully trained for the launch bid.
Section l - Management Rights: The Union recognizes that, subject to the terms of this Agreement, the management of the plant and the direction of the working forces is vested exclusively in the Company, and this shall include, but shall not be limited to, the right to plan, direct and control plant operations, the right to hire, transfer and promote, the right to suspend or discharge for cause, the right to relieve employees from duty because of lack of work or for other legitimate reasons, the right to assign work and to transfer employees from one department or duty to another, the right to introduce new or improved production methods or facilities and the right to establish and maintain rules and regulations covering operations of the plant. It is mutually agreed that when the Company deems it economically advantageous and necessary, it will study and/or introduce new and improved machines, methods, and processes. It is further mutually agreed that the Company may change existing production or work methods or outputs of equipment, of machinery and of employees. Accordingly, any right of management to manage the plant and control operations, which is not specifically bargained away by virtue of the Agreement, has been retained by management as its prerogative.
Section 2-Past Practices: Past practice shall never alter or amend the terms of the Agreement unless such past practice is reduced to writing and initialed by the parties with the intent to establish precedent.
Section 3 -Efficiencies: While it is recognized that the Company must ultimately determine the most efficient methods of operation, the Company agrees not to subcontract or contract out work for the sole purpose of displacing any permanent employee, i.e. causing said employee to be laid off or to cause such permanent employee to be reduced in classification.
Section 1 - Miscellaneous Benefits:
A. The rates of pay for the various classifications covered by this Agreement are set out in Appendix A, attached hereto and made a part hereof.
B. Effective February 1, 2004, the Company will be self-insured for Health Care. Benefits are summarized in Appendix B. The Summary Plan Description should be referenced for specific details of the insured benefits. .
C. Health and Welfare Insurance coverage is provided to all active full-time employees on the ninety first (91st day of employment, subsequent to the successful completion of the probationary period. In the event of a layoff, health coverage will be extended to the end of the month in which the lay-off occurs. Employees returning from lay-off will be covered on the first day in which they return to work. Medical, dental, and vision benefits only continued for employees on temporary shutdowns, as defined under this agreement.
D. Accident and Sickness and Life Insurance benefits are summarized in Appendix B.
E. Effective January 1, 2025, the Company agrees to contribute $110.78 per week, per employee with 1 or more years of seniority, to the RWDSU Pension Fund for the life of this collective agreement.
Section 2 - New Rate Creation: In the event of a newly created job classification, or if an existing job classification has experienced a substantial change in methods or job classification content, the Company will promulgate a new rate for such job classification within thirty (30) working days which may be challenged in writing by the Union within ten (10) days thereafter. If a challenge is received from the Union as-for-said, it shall constitute a request to bargain said rate. Any change of rate agreed upon as a result of such bargaining shall be retroactive to the date of challenge by the Union.
Section 3 - Temporary Assignment: In the event an employee is temporarily assigned for the convenience of the Company to do work in a higher paid classification, he shall be paid the higher rate for all hours so worked. This provision excludes employees temporarily assigned to the Maintenance Department, who shall continue to earn their regular hourly rate. In the event an employee is temporarily assigned for the convenience of the Company to do work in a lower paid classification he shall suffer no reduction from his regular rate of pay.
Section 1- Shift Premiums: A shift differential of $0.50 per hour shall be granted for the 2nd (afternoons) shift and the 3rd (night) shift employees.
Section 2 - Shift Premiums on Overtime: When an employee on one shift works overtime into a succeeding shift, then, for the purpose of computing his pay for such overtime hours worked, his straight time hourly rate including any regular shift premium associated to that shift shall be computed at time and one-half.
Section 3- Shift's Rate of Pay: Employees called in early (before their scheduled shift) will be paid that shift's rate of pay. At shift change (employee's scheduled shift), that shift's rate of pay will go into effect.
Section 1- Vacation Davs: All regular full-time employees are eligible for vacation on January 1st, based on hours worked and voluntary layoff hours from the previous year. Additional earned weeks based on seniority will be added twice per year. If anniversary date falls between January 1 and June 30, additional earned weeks will be given effective January 1. If anniversary date falls between July 1 and December 31, additional earned weeks will be give effective July 1.
a. Paid vacation days must be used in 8 hour increments. Vacation may be used in 4 hour increments only with Supervisor approval in the case of lack of work. Use of a vacation day shal1 require 24 hours' notice and approval of a supervisor. Vacation requests must be submitted in the payroll system or by use of a designated form. The request will be approved on the basis of time of submission. Seniority will govern in case of same time and date submission.
b. Depending upon vacation earned, employees may request vacation time through the timekeeping system during January of each year. Notice of approved vacation time will be given to employees in order of seniority, within two (2) weeks after the conclusion of the sign-up period.
c. Vacation requests for the next day shall be submitted no later than the end of the lunch period on each shift. Requests for next day approvals, must be approved or denied in the -system no later than the end of their shift prior to the requested day off. For all other vacation requests, the request must be approved or denied in the system no later than 24 hours from time of submission.
d. Approvals will be granted based on the current manning needs of the day and customer demand. Vacation requests will not be arbitrarily denied and supervisors will make a good faith effort to accommodate our employee's vacation requests.
e. An employee that has an approved Friday or Monday vacation day or PTO will not have to work the weekend after that Friday or before that Monday unless the employee signs up to work the weekend.
f. No employee shall be forced overtime at the end of their previous shift the day before their single day vacation or PTO, except if there is no other person available to fill the overtime position within the same department or in an emergency situation.
g. An approved vacation day(s) will not be canceled unless by mutual consent between the employee and their supervisor provided the request was made at least 3 days prior to the day.
h. Employees who voluntary quit with at least two (2) week's notice to the Company, retire, received total disability, die, or are permanently laid off, shall receive their remaining vacation earned.
1. Employees on a leave of absence, whether for medical or personal reasons, are not entitled to receive a vacation payout unless they return to work or are terminated.
A. Any period of shutdown will count as hours worked - 40 hours per week of layoff, but periods of non-paid Leaves of absence will not be counted.
g. The following hours shall count towards the accumulation of hours for computing vacation pay: bereavement, vacation, PTO, holiday, military leave, shutdown,jury duty, Worker's Compensation, maternity leave, lack of work, temporary voluntary layoff, and Union business.
I. Active employees can request a one-time vacation payout the first pay date in March and the first pay date in June. The request can be for a partial or full payout of the vacation hours earned in the previous year based on the standard 8 hours per vacation day. A written request must be submitted to HR no later than May 10th. Remaining vacation time can be taken as unpaid days during the current year. All unpaid vacation monies owed will be paid out on the second pay date in December.
m. Total vacation pay is defined as 2% of the previous year's gross earning for each week of vacation earned. The difference of the total vacation pay earned and the vacation pay used will be paid out on the second pay date in December.
n. Employees who have approve non-intermittent FMLA will be required to take one week of vacation to run concurrently with FMLA.
o. Employees with one week or less earned vacation, who have approved intermittent FMLA, will have earned vacation hours run concurrently until all vacation is expired.
p. Employees with two (2) weeks or more, of earned vacation will be required to use all but one (1) week of the earned vacation concurrently with the intermittent FMLA leave. This language would apply after the employee's second FMLA qualifying event and would reset each Calendar year.
Section 2 - PTO Days: Each regular, fulltime employee with be allowed paid personal days (PTO) per the schedule below, available January 1st.
a. The employee must make their request for PTO in the payroll system or by use of designated form to their supervisor twenty-four (24) hours before the requested date.
b. All PTO days must be taken in eight (8) hours increment.
c. PTO days will not be paid out and will not roll over.
Leave of Absence
Section l - Leave Guidelines: For just cause, the Company may grant an employee a leave of absence without pay for a period up to thirty (30) days. All leaves of absence, except those for military service as provided for in Article 14, shall be applied for at least five (5) working days, when feasible, prior to the anticipated effective date and granted in writing on forms to be provided by the Company. No one shall be deemed to be on leave of absence unless this provision is complied with. Application for such leaves of absence shall be completed in triplicate, and a copy of such application and the action taken thereon shall be furnished to the Union. Seniority shall continue to accumulate throughout the leave of absence and any extension(s) granted. The Company will not arbitrarily refuse leave of absence for a reasonable time where the employee has a legitimate reason, and provided the Company has been given reasonable notice; however, the employee may be required to provide proper documentation. The following are examples of legitimate reasons for leave of absence. The employee is responsible for furnishing the Company with proper documentation.
A. Personal illness or injury of three (3) or more days; ifthere is a dispute between the employee's doctor and the Company's doctor concerning the status of an alleged illness or injury, such dispute shall be arbitrated by an impartial third doctor. Costs of a third doctor will be shared equally by the Company and Union.
B. Leaves in accordance with Family Medical Leave Act. Employee shall return to his/her former position. Employees will have the option to use their vacation time in conjunction with FMLA, if desired.
C. Marriage (one week);
D. Jury Duty;
E. Urgent personal business with explanation acceptable to the Company.
Any employee taking employment elsewhere during a leave of absence shall be considered a terminated employee. The provisions of this section shall not apply to Union business or Union employment, which is covered in succeeding sections.
In the event of an extended illness or non-job related injury, employees shall retain seniority for period not to exceed employee's length of service to a maximum of two (2) years, before termination (except as prohibited by State Law). Employees will not be entitled to vacation benefits in the second (2nd) year of a Medical Leave of Absence.
Section 2 - Written Application: Any employee of the Company elected or appointed to office in the Union shall make a written application for and receive a leave of absence which will be renewed each year on written application as long as he remains an officer of the Union. During such absence, the seniority of such employee shall continue to accumulate.
Section 3 - Public Office: Any employee of the Company elected or appointed.to public office of the city, county, state or federal government of the United States of America shall retain seniority as long as he remains in office, the seniority of such employee continuing to accumulate.
Section 4- Union Business: Whenever any employee of the Company, a member of the Union, is elected by the Union to attend labor conventions or to perform any other work delegated to him by his Local or International Union, he shall be allowed such time off without pay to attend such labor conventions or other matters and the Company shall be notified at least one (1) week prior_to such convention or other matters taking place whenever possible. Such absence may not exceed ten (10) days but additional leave shall not be unreasonably denied.
Section 5 - Return to Work: Employees returning from leave of absence, medical leave of absence, or Worker's Compensation leave of absence may be required to be recertified as fit for service by a specialist designated by the Company.
Section 6 - Schedule Change: The Company must notify employees that are off on vacation or long term leaves if there is a change in scheduling (earlier start or shift change only) by phone.
Section 1 - Bulletin Board: A separate lockable bulletin board or TV display per building shall be furnished by the Company for the exclusive use of the Union. These bulletin boards or TV displays shall be located in an area mutually agreed to by the Parties.
The Union agrees that there will not be any inappropriate material posted on the bulletin boards. All bids and schedules shall be posted in a central location in each building that the Company has operations. The Company will make schedule changes in posted schedules applicable to each department. The employees shall only be required to check and follow the schedule posted in their building.
Section 2- Union Business Representative: A business representative of the Union shall be granted admission to the premises of the Company during working hours provided he has made prior contact with management to disclose the purpose to be accomplished by his visit and provided such visit does not interfere with production.
Section 3 - Salarv Working: Salary employees shall not perform maintenance, shipping and receiving or production work, which will deprive a regular employee of his regular job. Nothing contained herein shall prohibit salary employees from performing maintenance, shipping and receiving, or production work in the following and similar situations, via;
A. in cases of emergencies;
B. in the instruction of employees;
C. to relieve employee for short periods;
D. for temporary or partial assistance;
E. when production difficulties are encountered;
F. for experimental, setup and development purposes.
It is also acknowledged that it may be necessary for non-bargaining unit employees to use production facilities for the purpose of making parts to be used in engineering samples and development work.
Section 4-Meal Allowance: Employees who work a minimmn of two (2) hours in excess of their regular shift and have not volunteered to work overtime shall be entitled to a $4.00 meal allowance only when overtime for their department was not posted forty-eight (48) hours in advance of the start of their shift.
Section 5-COPE Pay: The Company agrees to deduct weekly from the employee's paycheck an amount so designated on an appropriate authorization form for the Local 379 COPE Fund. The appropriate authorization form is to be presented to the Company during a 15 day period beginning January 1 of each year and ending January 15. The Union agrees to indemnify and hold the Company hannless against any and all claims brought against the Company as a result of any action taken or not taken by the Company pursuant to any written communications from the Union under provisions of this section.
Section 6 - Plant Closing: The Company agrees to negotiate the effects of the plant closing in accordance with the National Labor Relations Act and/or applicable federal or state laws.
Section 7 - Rework Off-Site: Rework done off site will first be offered to the Quality Technician in the affected department, then by department seniority to the employees in the affected department, then by plant wide seniority excluding maintenance.
Section 8 - Continuous Improvement: Union and Management agree to work together to achieve the principle of continuous improvement, to achieve production improvements and enhance the efficiencies and profitability of the plant.
Section 9- Vending Machines: Net proceeds from the Vending Machines will be available for employee activities.
Employees Entering Armed Services
In the event any regular, full time employee having attained seniority status covered by the Agreement shall be drafted or shall have enlisted in the Armed Service of the United States of America in accordance with the applicable Federal law, necessitating a leave of absence, it is agreed that his reemployment rights shall be granted in accordance with the applicable Federal law, necessitating a leave of absence, it is agreed that his reemployment rights shall be granted in accordance with Federal law. A physical examination will be required prior to returning to the Company's service.
Article 17
Jury Duty
Regular full-time employees who have attained seniority status who are called for and respond to Jury Duty shall be entitled to receive the equivalent of eight (8) hours' pay at their applicable straight time rate of pay excluding shift differential, and keep the court's payment as well. Such payment shall be applicable only to the five- (5) days within the employee's regular workweek. Such payment shall be applicable for the duration of jury duty per calendar year. Documentation acceptable to the Company citing proof of call, actual days spent on and compensation received for Jury service must be tendered the Company when applying for this benefit.
Article 18
PPE
Section 1 - PPE:
A. As a condition of employment, the Company may require employees to furnish various items of personal safety equipment for their own use while on Company premises, i.e. safety shoes, prescription safety glasses (when required) etc. When prescription safety glasses are required, the Company shall reimburse the employee for an eye examination once every year at the Company designated Preferred Provider. Payment shall be made subsequent to submission of a receipt acceptable to the Company.
In addition, the Company will furnish additional safety items which employees will be required to use while on Company premises for which employees will be held responsible. Such items will include, but are not necessarily limited to hard hats, plain lens safety glasses, etc. The Company will provide gloves when, in the opinion of the safety committee, employees are required to wear same in the perfonnance of their duties. The Company will reimburse up to Ninety dollars ($90.00) towards the purchase of safety shoes once every calendar year or One Hundred Eighty dollars ($180.00) every two years. Employees in Maintenance and Foam Pour will be allowed two pairs of safety shoes in a year if their shoes are damaged resulting.from their daily activities. The Company will pay for the purchase of prescription safety glasses. The Company will designate the vendor.
Section 2 - Safetv Committee: The Safety Committee will consist of a minimum of seven (7) members from the Union (the Union Chairperson and six members selected by the Company, from a volunteer list, volunteers will be selected based on department coverage and interest. In addition, a minimum of three (3) members from the Company. Meetings shall be at least once per month.
A. In instances of the death of a member of the immediate family of a regular, full time employee who has acquired seniority, the Company will, when requested, grant a paid leave of up to three
(3) days to enable such employee to attend the funeral and otherwise assist in arrangements pertaining to the burial of such member of the family. Employees on vacation when a death covered under this article occurs shall be awarded up to three (3) additional days with pay at the conclusion of their scheduled vacation. Each day's pay shall consist of the employee's regular rate for eight (8) hours and shall be applicable only to days within the regular workweek.
B. The term "immediate family" as used herein is defined as consisting of the following members only: mother, father, husband, wife, children, stepchildren, brother, sister, mother of current spouse, father of current spouse, grandparents, grandparents of current spouse, stepparents, stepparents of current spouse, brothers-in-law, sisters-in-law, and grandchildren.
C. Proof of death must be furnished to the Company in a form acceptable to it when submitting a claim for benefit under this provision. Employees may request (and the Company will grant any reasonable request), additional unpaid funeral leave to include additional bereavement time, needed travel time, or to attend the funeral of persons not directly covered under the language above.
No Strikes & No Lockout
During the term of this Agreement, and any extension or renewal thereof, the Union and each employee agree not to authorize, instigate, condone, or engage in any strike, slowdown, work stoppage, or other intermption or interference with work of any nature for any reason or any purpose; and the Company agrees that there will be no lockout. The Union and each employee agree that the Company shall have the right to take disciplinary action as determined appropriate by it, including discharge, with respect to any employee(s) participating in a violation of this Section of the Article. This shall not be construed as a waiver of any other rights or remedies, which the Company may have, or as a limitation upon other grounds of discipline or discharge subject to the grievance procedure.
Section 1 - Tools and Tool Allowance
1. Maintenance personnel or any employee upgraded in or into a maintenance classification shall be required to furnish their own basic set of tools deemed necessary by the Company as requisite to the classification they were hired or upgraded into. Maintenance personnel shall be reimbursed up to the dollar amount cited annually for replacement of personal tools damaged while performing work for the Company, or for the upgrading of same - payment subject to presentation of the original receipt(s) to supervisor and his approval of same.
2. REIMBURSEMENT LI1\.11T: Tool Allowance $350 in first year of employment and $500 after 1 year of service.
3. The Company will provide maintenance personnel with cutting tools necessary to the performance of their work (i.e. drills, taps, mills, files, saw blades).
4. With respect to tools furnished to maintenance employees by the Company; each employee will sign a document acknowledging receipt of property entrusted to him, responsibility for same, and authorization for payroll deduction in the amount of actual replacement cost to the Company should the items become lost or otherwise removed from his possession. Such cost may be deducted from the last monies due a terminating employee.
5. The Company will issue cold weather gear to maintenance, shipping, and tool changer employees when required to perform outside work during extreme cold weather. Cold weather gear will be replaced every 2 years if continually needed.
Section 2 - Maintenance Seniority
Layoff and recall in the Maintenance department will be by seniority within three (3) technician classifications as per this article.
a. If an opening exists in Electrical or Mechanical, the Company will hire a technician. Upon hiring a technician the Company will evaluate the new employee's skill level and place them into the technician category that best fits their current skill level.
b. \Vhile an employee is in the maintenance department their seniority is determined by the time the employee enters the department. If or once the employee leaves the department their seniority reverts back to plant seniority.
c. It is not the Company's intent to layoff and/or replace Mechanics or Electricians. Any Mechanics or Electricians hired before February 1, 2006, are red circled and made part of the technician classification according to their skill level.
For purposes of daily overtime, lowest in the department is to be forced in or over, as long as the shift has 1 IMR currently scheduled. The Company retains the right to force additional IMR' s if a specific skillset is required.
Section 3 - Shift Preference:
1. Tech 2'swill be allowed to bump IMR 's when the needs of the operation will not be negatively impacted as determined by the parties.
2. Any determination made by the Company as to employees' qualifications may be challenged through the grievance procedure.
Section 4 - Apprenticeship:
1. Apprentices will only be used in conjunction with maintenance duties while supervised. Apprentices cannot volunteer or be forced in or over to cover Maintenance Tech or IMR's.
2. Apprentices will be paid their straight time regular rate for hours while in classroom training.
Section 5 -Other:
1. If needed as determined by the Company, Maintenance workers will be used as "guard/fire watch' when the plant is not running production. This includes weekends and holidays. In the fature, if the business model changes, the Company and Union agree to discuss this topic in good faith.
2. Operators will perform minor maintenance in line with principles of Total Productive Maintenance.
Successors
The Company agrees to notify the Union as soon as possible of any plan to sell the facility. The Company will notify any potential buyer of the existence of this Collective bargaining agreement and will suggest to the potential buyer that they meet with the Union. The Company will meet with the Union to discuss what, if any impact such sale would have on the employees.
Section 1- New Proposals: The Parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Further, it is understood by both parties that this agreement alone contains the complete understanding between the parties for the term of this contract. Any additions, deletions, changes, amendments or waivers affecting the term of this Agreement shall only be discussed by mutual agreement of both parties in writing. Any agreements, amendments or changes arrived at as a result of such discussions shall be effective upon being reduced to writing and signed by both parties.
The medical plan and/or medical compensation will not be changed during the life of this agreement unless either party requests that this section of agreement be opened for discussion.
Section 2 - State & Federal Laws: In the event any provision of this Agreement shall conflict with any present or future Federal or State law, the provision of such law shall apply without effecting the other provisions of this Agreement. This contract shall remain in full force and effect until 12/1/2027, and from year to year thereafter unless and until either party shall give the other party written notice at least sixty (60) days prior to 12/1/2027, or prior to any anniversary date thereafter, of its intention to alter, amend or terminate this Agreement.
Notice of termination of this Agreement by the Union shall be signed by an executive official of the Union and the official seal imprinted on such notice and shall be sent by registered mail to the Company at 34705 W 12 Mile Rd, Suite 100, Farmington Hills, MI 48331.
Notice of termination of this Agreement by the Company shall be signed by an executive official of the Company and shall be sent by registered mail to the Union at Local #379 RWDSU/UFCW 445 Earlwood Ave. Oregon, Ohio 43616.
Section 3 - Other Agreements: All agreements that alter the meaning, intent or understanding of this contract, including addendums, will be subject to the approval of the International Union and Company Management.