MAIN INDEX PARAGRAPH 61 - 70 (61) Each three (3) months the Chairperson of the Shop Committee shall be given two up-to-date copies of the complete seniority list of the plant containing each employee’s name, department number, occupational group or classification, plant seniority date, and, if different than the employee’s plant seniority date, skilled trades date of entry or skilled trades seniority date. An additional copy of each such list shall be given to the Financial Secretary. This will not require a change in any mutually satisfactory local practice now in effect. (61a) Following the end of each month the Chairperson of the Shop Committee shall be furnished two copies and the Financial Secretary shall be furnished one copy of the list of names, department number and seniority dates of employees who during the preceding month have: (a) Acquired seniority. (b) Been granted leaves of absence for military service. (c) Been granted other types of leaves of absence of more than thirty (30) days’ duration. (d) Returned to work from leaves of absence described in (b) and (c) above. Local Management will designate on the list those employees who ceased to be subject to the check-off and the reason therefor. (61b) Each week the Chairperson of the Shop Committee shall be furnished two copies and the Financial Secretary shall be furnished one copy of the list of names and department numbers of the employees who during the preceding week: (a) Became new hires into the bargaining unit (designating those hired pursuant to Appendix A and, by classification, those hired as journeymen/women, including identification of apprentice graduates, and employees-in-training [E.I.T.]). (b) Returned to work from permanent layoff. (c) Transferred (1) into the bargaining unit, or (2) out of the bargaining unit (to supervisory or non-supervisory position). (d) Had their employment terminated while in a temporary employee status, including the date of hire and last day worked of each such employee. (e) Lost seniority, and the reason therefor (designating those who were hired pursuant to Appendix A). (f) Became deceased (including retired employees). (g) Were placed on permanent layoff. The list shall contain the seniority dates of employees listed under (b), (c) and (g). It shall also include a notation of the seniority date of the employee with the longest seniority who is laid off or the “leveling off” date. (61c) Each month the Financial Secretary shall be furnished with the names, social security numbers, department numbers and clock numbers of those employees on the active roll or on layoff, as of the last day of the final payroll period ending in the month, for whom no deductions were made during that dues deduction month and the reason therefor. In the event an employee breaks seniority or transfers out of the bargaining unit during the previous dues deduction month and has an unpaid dues liability, the amount of such liability will be shown on this list. This information should be furnished along with the dues remittance report described in Paragraph (4o). The Financial Secretary will be advised of the order in which the names will be listed and of any future changes in the order of the listing as far in advance as possible. [See Doc. 18, 19] Transfers (62) When employees are transferred from one occupational group to another for any reason, there shall be no loss of seniority. However, in cases of transfers not exceeding thirty (30) days employees will retain their seniority in the occupational group from which they were transferred and not in the new occupational group, unless a longer period is specified for any plant or particular occupational group or groups by written local agreement. [See Par. (72)] (63) The transferring of employees is solely the responsibility of Management subject to the following sub-paragraphs. The provisions of this paragraph shall be applied without discrimination because of race, religion, color, age, sex, disability, sexual orientation, or national origin, so that equal employment opportunity will be afforded to all employees. This Paragraph (63) will be openly displayed in each department in each plant in such a manner that it may be reviewed by the employees so that they will be aware of transfer and promotional opportunities that may become available to them and the procedure for expressing their desires. All classifications within a department and their rates of pay will also be openly displayed in that department so that employees will be aware of transfer and promotional opportunities that may become available to them. Local agreements that have been negotiated pursuant to sub-Paragraph (63)(b) below will also be so openly displayed in each department in each plant. [See Par. (6a) (72)] [See App. K Att. A] [See Doc. 20, 54, 70, 97] (63)(a)(1) Employees who desire advancement to higher paid classifications within their department or other established broader scope of selection, may make application to their supervisor or the Personnel Department on forms provided by the Corporation on which they may state their qualifications and experience. Thereafter, as openings occur, selection for the promotion will be from among such applicants and applicants for that classification that have filed pursuant to sub-Paragraph (2) below, who have applied at least one (1) week in advance of the opening in question, and where ability, merit and capacity are equal, the applicant with the longest seniority will be given preference. [See Par. (120)] [See Doc. 69] (63)(a)(2) Employees who desire advancement within the plant to higher paid classifications in another department or to higher paid classifications where the employee is working outside an established scope of selection that is broader than a department may make application to their supervisor or the Personnel Department on forms provided by the Corporation on which they may state their qualifications and experience. Thereafter, as openings occur, such applicants will be considered in the selection process for that promotion provided they have so applied at least one (1) week in advance of the opening in question. Each employee may have two (2) such applications on file. An employee who has been transferred and established seniority under this Paragraph (63) (a) (2) will not be eligible to reapply for consideration for another such promotion until six (6) months have elapsed from the effective date of transfer. An employee who has been offered a transfer and refused the transfer under this Paragraph (63)(a)(2) will have such application for transfer cancelled and thereafter, for a period of six (6) months from the date of such refusal, may be entitled to only one (1) valid application for transfer under these provisions. Such transfer or offer of transfer to employees working outside a scope of selection shall be without prejudice to the establishment or identification of such scope. Promotions made pursuant to the provisions of this Paragraph (63)(a) in the preceding week will be openly displayed in mutually satisfactory locations in the plant which are frequented by large numbers of affected employees. If the settlement of a grievance alleging violation of this Paragraph (63)(a) is on the basis that a different employee should have been promoted, that employee will receive the difference in wages earned (exclusive of earnings received for overtime hours which they worked but were not worked by the employee improperly promoted to the higher rated job) and the wages they would have earned had they been promoted. If an employee is transferred pursuant to the provisions of this Paragraph (63)(a) and the employee is subsequently reduced from the new classification prior to establishing seniority, the provisions requiring advanced application for an opening in that classification will be waived, provided the employee refiles for such classification within one (1) week from the date of being reduced. [See Par. (120)] [See Doc. 71, 72] (b) It is the policy of Management to cooperate in every practical way with employees who desire transfers to new positions or vacancies in their department. Accordingly, such employees who make application to their supervisor or the Personnel Department stating their desires, qualifications and experience, will be given preference for openings in their department provided they are capable of doing the job. However, employees who have made application as provided for above and who are capable of doing the job available shall be given preference for the openings in their department over new hires. In case the opening is in an equal or lower rated classification and there is more than one applicant capable of doing the job, the applicant with the longest seniority will be given preference. Any secondary job openings resulting from filling jobs pursuant to this provision may be filled through promotion; or through transfer without regard to seniority standing, or by new hire. Any claim of personal prejudice or any claim of discrimination for Union activity in connection with transfers may be taken up as a grievance. Such claims must be supported by written evidence submitted within 48 hours from the time the grievance is filed. In plants where departments are too small or in other cases where the number of job classifications within a department is insufficient to permit the practical application of this paragraph, arrangements whereby employees may make such application for transfer out of their department may be negotiated locally, subject to approval by the Corporation and the International Union. [See Par. (120)] Loss of Seniority (64) Seniority shall be broken for the following reasons: [See App. A] (a) If the employee quits. [See Doc. 42] (b) If the employee is discharged. (c) If the employee is absent for three working days without properly notifying the Management, unless a satisfactory reason is given. After the unreported absence of three working days, Management will send clear written notification to the employee’s last known address as shown on the Company records, that the employee’s seniority has been broken and that it can be reinstated if, within three specified working days after delivery or attempted delivery of such notice, the employee reports for work or properly notifies Management of a reason for absence. A copy of such Management notification will be furnished promptly to the Chairperson of the Shop Committee. If the employee complies with the conditions set forth in the notification, the employee’s seniority will be reinstated if it has not otherwise been broken; however, such reinstatement shall not be construed as limiting the application of the Shop Rule regarding absence without reasonable cause in the employee’s case. [See Par. (74)] (d) If the employee fails to return to work within five working days after being notified to report for work, and does not give a satisfactory reason. Such notice shall be clear in intent and purpose. A copy of Management’s notification of such loss of seniority will be furnished promptly to the Chairperson of the Shop Committee. [See Par. (74), (188)(a)] [See App. A(V)] [See Doc. 22,26] (e) If the employee is laid off for a continuous period equal to the seniority which the employee had acquired at the time of such layoff period or, in the case of an employee with less than (1) year of seniority, eighteen (18) months or, in the case of an employee with (1) or more years of seniority, (36) months whichever is longer; however, an employee whose seniority is so broken shall, for a period of sixty (60) months beginning with the employee’s last scheduled work day prior to being laid off, retain a right to be rehired in accordance with the seniority date the employee had established at that plant as of such last day scheduled. An employee who is rehired, and who reacquires seniority at the same plant, pursuant to Paragraph (57), within sixty (60) months immediately following the last day worked prior to the layoff during which the employee’s seniority was broken by virtue of this Paragraph (64)(e) shall have the new seniority date adjusted by adding an amount equal to the seniority which the employee had acquired at that plant as of such last day worked. For the purpose of computing the period for breaking seniority only, the first day of that period will be the next otherwise regularly scheduled work day after layoff. In the case where the next otherwise regularly scheduled work day is a Monday holiday as listed in Paragraph (203) that Monday will be considered the first day of that period. [See Par. (95), (98b), (111)(c), (186)] [See Par. (190)(b)] [See App. A, K, II(E)] [See Doc. 20, 42] (f) Retirement as follows: [See Doc. 9] [See Pension Plan Exhibit A-1] (1) An employee who retires, or who is retired under the terms of the Pension Plan, shall cease to be an employee and shall have seniority canceled. (2) An employee who has been retired on a permanent and total disability pension and who thereby has broken seniority in accordance with subsection (1) above, but, who recovers and has pension payments discontinued, shall have seniority reinstated as though the employee had been on a sick leave of absence during the period of disability retirement, provided however, if the period of disability retirement was for a period longer than the seniority the employee had at the date of retirement, the employee shall, upon the discontinuance of the disability pension, be given seniority equal to the amount of seniority the employee had at the date of such retirement. (3) If an employee retired for reasons other than total and permanent disability who has lost seniority in accordance with subsection (1) above, is rehired such employee will have the status of a new employee and without seniority, and shall not acquire or accumulate any seniority thereafter, except for the purpose of applying the provisions governing Holiday Pay and Vacation Pay. [See Par. (98b)] g) If the employee is issued a Separation Payment check or draft by the Corporation pursuant to the Supplemental Agreement attached hereto as Exhibit “D,” the employee’s seniority shall be broken at any and all plants of the Corporation as of the date the application for such Separation Payment was received by the Corporation; provided, however, that if the employee: (1) returns the amount of the Separation Payment to the Corporation within 30 days of the date of the Separation Payment check or draft, the employee’s seniority shall be reinstated as of the fourth working day following receipt of the returned amount; (2) received such Separation Payment by reason of total and permanent disability and subsequently recovers and reports for work, the employee’s seniority shall be reinstated as though the employee had been on sick leave of absence during the period of disability, provided further, however, that if the period beginning with the date seniority was broken by reason of the Separation Payment and ending with the date of the employee’s return to work was for a period longer than the seniority which the employee had at the date such seniority was broken because of the Separation Payment, the employee shall be given seniority equal to the amount of seniority which the employee had at the date of such seniority break. (h) An employee whose seniority is broken under the provisions of Paragraphs (64)(a) , (64)(b), (64)(c) , (64)(d), (111)(a) or (111)(b) will, in the event the employee’s seniority is reinstated, be reimbursed for any contributions made pursuant to Section 6 of the Supplemental Agreements (Life and Disability Benefits Program and Health Care Program) (Exhibits B and C) which the Corporation would have made, in accordance with the employee’s revised status, under the applicable provisions of the Life and Disability Benefits Program and the Health Care Program (Exhibits B, B-1, C and C-1). An employee who is assessed a disciplinary layoff which is subsequently reduced or rescinded, will be reimbursed for any contributions made pursuant to the Supplemental Agreements (Life and Disability Benefits Program and Health Care Program) (Exhibits B, B-1, C and C-1) which the Corporation would have made, in accordance with the employee’s revised status, under the applicable provisions of the Life and Disability Benefits Program and the Health Care Program (Exhibits B, B-1, C and C-1). Layoff and Rehiring Procedure (65) For temporary reductions in production not exceeding four weeks, the work week may be reduced before any employees are laid off, unless otherwise extended by local plant agreement. [See Par. (66)(d), (177)] [See App. K] [See Doc. 10] (66)(a) For extended periods of reduced production exceeding four weeks the work week will be reduced and/or employees will be laid off to comply with Paragraph (c) below unless otherwise extended by local plant agreement. [See Par. (121),(140),(140a),(140b)] [See App. K] (66)(b) Both parties agree that it is desirable to give employees high annual earnings. It is recognized and agreed that there are times when production and tooling require overtime and other times when not enough work is available to give all employees with seniority a full week’s work. It is mutually recognized that to operate a plant at a schedule which gives employees less than thirty-two (32) hours per week for more than a month is unsatisfactory to both employees and the Corporation and reductions below this level are only justified by special conditions. [See Par. (121),(140),(140a),(140b)] [See Sub-Exhibit D] (66)(c) Operation of a plant or any part thereof on a schedule of employment of less than an average of twenty-four (24) hours per week for a period of more than two consecutive weeks or less than an average of thirty-two (32) hours per week for a period of more than four consecutive weeks shall only be by local written agreement with the Shop Committee. [See Par. (121),(140),(140a),(140b)] (66)(d) For the purpose of Paragraph (65) and this Paragraph (66), a week in which employees are not scheduled to work shall not be taken into account. In the event a full week of five holidays occurs during the Christmas holiday period, the hours paid as holiday pay in such a week shall be counted as scheduled hours of work. Hours paid as holiday pay in a week in which work is scheduled shall also be counted as scheduled hours of work. [See Par. (65),(203c)] [See Doc. 80] (67) Employees will be laid off and rehired in accordance with local seniority agreements. (68) The Management of each plant will, whenever possible, give at least twenty-four (24) hours’ notice prior to layoff to the employees affected. (69) Any employee who has been transferred from a supervisory position to a job classification in the bargaining unit shall be credited with seniority as hereafter established provided: [See App. K,III(C)15] [See Doc. 86] (a) The employee previously worked on a job classification in the bargaining unit. This shall also be applied to employees who were promoted prior to certification of the Union. (b) The employee’s employment with the Corporation has remained unbroken. The seniority of such employee returning to the bargaining unit will be established as provided below: 1. All seniority established prior to March 1, 1977. 2. All time worked in the bargaining unit subsequent to March 1, 1977. 3. All time worked in a supervisory position subsequent to September 21, 1984 and prior to January 1, 2000. 4. All time worked in a temporary supervisor position that does not exceed 120 days in any calendar year subsequent to January 1, 2000. Such employee may be placed on a job in accordance with the provisions of the local seniority agreement, beginning with the last previous job the employee held in the bargaining unit; provided however, that if such last previously held job is no longer in existence, the employee may be placed in accordance with Paragraph (59). In no event shall such employee be transferred to a bargaining unit job at a time when the employee has insufficient seniority to be so placed. (70) Temporary employees will not be called back until all employees with seniority capable of doing the work have been called back; provided, however, that the application of this paragraph may be waived by written agreement between local Management and the Shop Committee with respect to Journeymen/women with seniority and employees-in-training-seniority (E.I.T.S.) who are on layoff from a skilled trades classification. [See Par. (121),(135-140), (140a), (140b)] Paragraphs: [ 1 - 10 ] [ 11 - 20 ] [ 21 - 30 ] [ 31 - 40 ] [ 41 - 50 ] [ 51 - 60 ] [ 61 - 70 ] [ 71 - 80 ] [ 81 - 90 ] [ 91 - 100 ] [ 101 - 110 ] [ 111 - 120 ] [ 121 - 130 ] [ 131 - 140 ] [ 141 - 150 ] [ 151 - 160 ] [ 161 - 170 ] [ 171 - 180 ] [ 181 - 190 ] [ 191 - 200 ] [ 201 - 210 ] [ 211 - 220 ] [ 221 - 227 ] MAIN INDEX