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MAIN INDEX APPENDIX A MEMORANDUM OF UNDERSTANDING EMPLOYEE PLACEMENT It is recognized that the hiring of new employees in one location while there is a surplus of seniority employees in other locations is not in the best interest of the parties. Therefore, the parties will provide eligible seniority laid-off, Protected and active seniority employees an opportunity to relocate to UAW-GM facilities outside of their area, with particular emphasis on placing employees from closed or idled facilities. For the purposes of this Memorandum, seniority refers to longest unbroken GM seniority. When employed, such employees will acquire seniority in the plant where hired in accordance with Paragraphs (56) and (57) of the National Agreement. In the event of a permanent opening at a GM facility, the following placement procedure is to be utilized: 1. Plant Recall 2. Plant Rehire 3. Area Hire a. Combined list of seniority employees on indefinite layoff, Protected employees, active employees from plants that have excess employees and seniority return to former community applicants. b. Volunteers will be placed in seniority order. c. In the event of insufficient volunteers, the employee with the least seniority on the Area Hire List (except active) will be offered the job. Non-volume Protected Status employees will be included unless either party identifies a compelling reason not to do so. 4. Extended Area Hire - Closed Plants - Volunteers will be placed in seniority order. 5. Extended Area Hire - Closed Plant Return to Former Community - Volunteers will be placed in seniority order. 6. Other Extended Area Hire (including GIS eligible) a. Includes volunteers from plants with excess employees, from plants where replacement is available, or from plants where there is no need to replace. b. Volunteers will be placed in seniority order. 7. Area Hire Active Employees from Plants without Replacement - Volunteers will be placed in seniority order. 8. Extended Area Hire Active Employees from Plants without Replacement - Volunteers will be placed in seniority order. In administering the Placement Procedure, items (1) through (8) above will be applied sequentially. Active employees who volunteer and are placed in accordance with this Placement Procedure must terminate seniority at their current location. It is understood that the National Parties may mutually agree from time to time to other special provisions, including offering jobs to active or Protected employees. (For Delphi flowback see Contract Settlement Agreement - Paragraph 25). It is further understood that the National Parties may also mutually agree to deviate from the above order of selection in a particular situation. In addition, the Union assured the Corporation of its willingness to implement Document No. 118. Any complaints regarding the application of these provisions in any plant may be taken up with Local Management of that plant by the local Shop Committee and if not resolved may be referred to the GM Labor Relations and the International Union for resolution; however, the above provisions shall not be the basis for any claims for back wages or any form of retroactive adjustments. It is understood that if an employee whose problem is referred to the GM Labor Relations and the International Union is adjudged by the National Parties to be entitled to an adjustment, the employee will be offered an available opening as soon as possible, but in any event within two weeks of such decision. If no such opening develops, he or she will be offered the opportunity to displace a lesser seniority employee, seniority permitting, at the plant where the problem occurred. I. AREA HIRE PLACEMENT (Formerly Appendix A and Document No. 21) A. An Area Hire Area is comprised of all plants within a 50 mile radius of a given plant or larger as may be agreed upon by the National Parties. B. Employees on the Area Hire List include: seniority employees on indefinite layoff, Protected employees, active employees from plants that have excess employees and seniority return to the former community applicants. C. Such employees will be given the opportunity to designate from among those plants within their Area Hire Area which plants, if any, they volunteer to accept an offer of employment, should future job openings occur. An employee will be allowed to change the plants so designated any time prior to a bona fide job offer. D. In the event that higher seniority employees are placed on layoff, employees with the least seniority who would have otherwise been laid off will be placed on the Area Hire List. Such employees placed on the Area Hire List will be advised of this fact and be given the opportunity to designate plants within the Area Hire Area. E. Volunteers will be offered the available jobs in seniority order. In the event there are insufficient volunteers, the employee with the least seniority on the Area Hire List (except active) will be offered the job. Non-volume Protected Status employees will be included unless either party identifies a compelling reason not to do so. F. Laid off employees who refuse any job offer within the Area Hire Area will be placed on a formal leave of absence without Corporate-paid benefits with recall only to a job in the regular active workforce. Protected Status employees who refuse any job offer within the Area Hire Area will be placed on lay off. G. Active employees will be made a maximum of three (3) Area Hire job offers during the term of this Agreement. Such employees may later be eligible to refile an Area Hire application in the event their status changes at their current plant. H. When selecting employees the longest unbroken GM seniority date will be used for non-skilled job offers. For skilled trades job offers, the longest unbroken seniority date in the skilled trades classification will be used. In the event that two or more employees have the same longest unbroken seniority date, the employee’s entire social security number in ascending order will be used as the tie breaker. I. Skilled trades journeymen/women laid off from a plant and working in a non-skilled trades classification will have their name placed on the area hire list and will remain eligible for area hire in the same or a related skilled trades classification. J. It is further understood that each plant would review local procedures for implementing the provisions of Area Hire and Extended Area Hire Placement and that during these reviews particular attention would be directed toward insuring that information regarding applying for Area Hire and Extended Area Hire Placement is made available to all seniority employees. Employees will receive confirmation of their application(s). II. EXTENDED AREA HIRE PLACEMENT (Formerly Document No. 28) A. Seniority laid off, Protected and active employees will be given the opportunity to indicate their interest in working at another GM location outside their Area Hire Area. B. Employees continue to be eligible for Extended Area Hire placement as long as they retain unbroken GM seniority. C. The offer of an available job will be made in seniority order from volunteers on the Extended Area Hire List. D. If an opening occurs for which an active employee is eligible, the active employee will be given the opportunity to fill the opening only if there is a seniority employee within the Area Hire Area to replace the active employee, if required. E. Employees who have filed an Extended Area Hire Application will receive three (3) offers for placement to one of the plants they have selected. If employees do not take advantage of any of these offers, their Extended Area Hire Application will be canceled. Such employees may later be eligible to refile an Extended Area Hire Application only in the event their status changes at their present location. F. Employees will be eligible for relocation as described in the Relocation Section (Section V) of this Memorandum of Understanding Employee Placement and in Paragraph (96a) of the National Agreement. G. Employees who are placed in accordance with the Extended Area Hire Placement provisions of the National Agreement and who accept the Basic Relocation Option specified in Paragraph (96a) of the National Agreement may not be subject to recall or rehire or Extended Area Hire placement at any General Motors plants, for a period of six (6) months or until permanently laid off under conditions which establish there is no reasonable likelihood of recall, whichever occurs first. It is understood that the six month period may be modified or extended by mutual agreement between the Corporation and the International Union, UAW. At the end of such period, employees who would otherwise have been recalled or rehired to a former location(s) may either remain at the current plant or return to such previous location. If an employee returns, the local parties may make adjustments necessary to insure that the employee is neither advantaged nor disadvantaged by the above provisions. Local Managements have ninety (90) days following the date an employee elects to return to accomplish such adjustments. H. Employees will be given a reasonable amount of time to relocate to another plant. I. Employees who are placed in accordance with Appendix A and accept the Enhanced Relocation Allowance will not be eligible to initiate another Extended Area Hire placement or initiate an Area Hire placement as an active employee for a period of 36 months unless the employee’s status changes to laid off or Protected or otherwise agreed to by the National Parties. J. Eligible employees from closed plants who have relocated via Extended Area Hire will be given preference to return to a plant in their former community. Such employees will receive the applicable relocation allowance. III. AREA HIRE PLACEMENT FROM PLANTS WITHOUT REPLACEMENT A. Upon receiving new hire approval, active employees at Area Hire plants without replacement will be made a job offer. B. Such active employees will be offered the available job in seniority order. The new hire will be placed at the Area Hire plant to replace the active employee. C. Such active employees will be made a maximum of three (3) Area Hire job offers during the terms of this agreement. Such employees may later be eligible to refile an Area Hire Application at their current plant. IV. EXTENDED AREA HIRE REPLACEMENT FROM PLANTS WITHOUT REPLACEMENT A. Upon receiving new hire approval, active employees at Extended Area Hire plants without replacements will be made a job offer. B. Such active will be offered the available job in seniority order. The new hire will be placed at the Extended Area Hire plant to replace the active employee. C. Such employees will be eligible for a basic relocation allowance. D. All other provisions of Section II of this Memorandum shall apply to employees made job offers under this Section. V. RELOCATION A. Any employees who are employed and relocate in accordance with Appendix A will be eligible to receive a relocation allowance and relocation services as specified in Paragraphs (96a) (1), (2), (3), (4), (5), and (6) of the National Agreement. B. Employees who return to their former community pursuant to the Return to Former Community Procedure will be eligible for a basic relocation allowance. VI. Physicals A. When physicals are conducted on Area Hire or Extended Area Hire Applicants, the criteria used is the same as that used for a Fit for Duty exam when an employee of that plant is undergoing a reinstatement to return to work from a sick leave. B. In medical disputes, the National Parties may refer the employee for an impartial medical opinion. VII. SENIORITY RETURN TO FORMER COMMUNITY (Formerly Document No. 14) The following methods and procedures detail the circumstances under which eligible employees who apply will be offered the opportunity to return to their former community. A. Eligible employees are those seniority employees on roll at a plant who have been relocated to that plant from a plant outside the Area Hire in accordance with Appendix A and worked there six (6) months and who still retain seniority at a plant in the former community. B. Eligible employees will be given the opportunity to file an application to return to their former community. Employees receive a confirmation of their application. Employees may have only one return to former community application on file at any given time. Once employees return to a former community under the provisions of this document, they are no longer eligible to return to any other community until such time as they are laid off or relocate in accordance with Appendix A. C. Eligible employees who have applied to return to their former community shall have their names placed on the Area Hire list for the plants within the community to which they have applied. D. At the time of receiving an offer to return to a plant in a former community, employees who have filed a Return to Former Community Application, may elect to receive a payment of $6,000 to remain at their current plant. As a result of receiving this payment, the employees will terminate seniority and return rights at all other GM facilities and therefore no longer be eligible for Return To Former Community consideration. E. Employees returning to a plant in their former community will acquire seniority in accordance with the Application of Corporate Seniority Section (Section VIII) of this Memorandum. F. Should employees return to their former community under the provisions of this Section, their seniority will be terminated pursuant to the provisions of Paragraph (64)(d) at the plant from which they are leaving, effective with the date to report to the new plant. G. It is recognized that the plant from which the eligible employee is released must do so in a manner consistent with the maintenance of quality and efficiency. Accordingly, no eligible employee will be released until a fully trained replacement is available. Consistent with these principles, it is recognized that the rate at which employees are released may vary due to the types of jobs held by such employees, the availability of replacement personnel, product or new model launch, the releasing plant’s staffing requirements or other business reasons. In all cases, management will endeavor to release employees as quickly as possible. VIII. APPLICATION OF CORPORATE SENIORITY (Formerly Appendix D-1) A. Employees who are moved to a secondary plant in accordance with this Memorandum, while retaining unbroken seniority in their base plant, shall establish seniority in such secondary plant as follows: 1. Employees with seniority dates of January 7, 1985 or earlier will establish an adjusted plant seniority date of January 7, 1985. 2. When two (2) or more employees establish the same plant seniority date pursuant to Paragraph (1) above, the date established for each employee for vacation under Paragraph (190) of the National Agreement will be used to determine seniority preference among such employees. 3. Employees with seniority dates subsequent to January 7, 1985 will establish that subsequent date as their plant seniority date. 4. Journeymen/women or E.I.T.S. employees with unbroken Skilled Trades seniority dates or dates of entry of January 7, 1985 or before, who are employed in the same or related Skilled Trades Classification, will establish a date of entry of January 7, 1985 in that classification. 5. When two or more journeymen/women or E.I.T.S. employees establish the same date of entry in the same classification and plant pursuant to Paragraph (4) above, each employee’s longest unbroken seniority in that classification in any General Motors plant covered by the Agreement, will be used to determine seniority preference among such employees for all purposes applicable to that classification. 6. Journeymen/women or E.I.T.S. employees with unbroken skilled trades seniority dates or dates of entry subsequent to January 7, 1985 who are employed in the same or a related skilled trades classification, will establish that subsequent date as their date of entry in that classification. 7. Journeymen/women or E.I.T.S. employees who are employed in non-skilled classifications and later reclassified to the same or related Skilled Trades Classification, will establish a date of entry as though originally employed in that classification in accordance with (4) or (6) above, whichever is applicable. B. Journeymen/women or E.I.T.S. employees reclassified to related Skilled Trades Classifications in their same plant will establish a date of entry in accordance with (7) above, or applicable Local Seniority Agreement provisions, whichever is earlier. C. The above provisions are not applicable to laid off apprentices who are employed in the apprentice program in another plant. IX. VACATION REPLACEMENTS AND OTHER EMPLOYEES HIRED FOR TEMPORARY WORK (Formerly Appendix D-2) Employees who are on layoff from any GM-UAW plant who retain unbroken seniority in any such plant on the date they are hired as a vacation replacement or for other temporary work in any other plant covered by the National Agreement, or a new employee who does not have seniority in any General Motors plant who is hired for such work shall be employed in accordance with the following: A. An employee may be hired as a vacation replacement or to fill other job openings of a temporary nature. B. Vacation replacements may be employed under the provisions of this Memorandum commencing the second Monday in May each year and ending no later than 120 days thereafter. The utilization of vacation replacements and other employees hired for temporary work shall be discussed in advance with the local JOBS Committee. Requests for vacation replacements and other employees hired for temporary work shall be made in writing to the National Parties for mutual approval. C. In the event of permanent job openings which involve the relocation of employees, the National Parties may agree to hire temporary employees under the provisions of this Section to enable plants to operate effectively while permanent seniority employees are being identified or relocated at the new location. D. Time worked by a vacation replacement or other temporary employee who is hired pursuant to this Memorandum will not be included in the computation for acquiring seniority pursuant to Paragraph (57) and Appendix D. E. Such time worked by a laid off seniority employee will not be considered in the calculation for breaking seniority and exhausting rehire rights at a former plant pursuant to Paragraph (64e). F. The provisions of the Application of Corporate Seniority (Section VIII) of this Memorandum are not applicable to employees hired pursuant to this Section IX. G. An employee with seniority hired at a secondary plant for vacation replacement or other temporary work will remain eligible for permanent job openings in accordance with the provisions of Area Hire Placement (Section I) and Extended Area Hire Placement (Section II) of this Memorandum. H. All other provisions of the National Agreement and its Exhibits shall apply to employees hired pursuant to this Memorandum. I. This procedure does not apply to permanent job openings. J. The National Parties are authorized to make modifications and adjustments as necessary. X. TEMPORARY OPENINGS - PARAGRAPH (64)(e) (Formerly Document No. 16) A. Laid off employees working at permanent jobs in other General Motors plants, whose seniority would entitle them to be recalled to former locations to fill openings considered at the time to be temporary, will not be recalled or rehired under such circumstances. B. Furthermore, if laid off employees working at permanent jobs with outside employers or participating in the UAW-GM Dislocated Worker Program are recalled to their former locations to fill openings considered at the time to be temporary, those individuals who desire to be bypassed under the provisions of this Section should notify the appropriate General Motors employment office. C. In this regard, solely for the purposes of calculating the periods relative to breaking seniority and exhausting rehire rights at the former plant pursuant to Paragraph (64)(e), such employees in Sections (A) and (B) above shall be considered as having accepted recall to their former plant on the date such work became available and returned to layoff status at such time as the period of temporary work is completed. XI. TRAINING In order to ensure consistent administration of Area Hire and/or Extended Area Hire, training materials will be developed and a joint meeting will be held of those people responsible for the administration of these provisions. Costs for the training will be covered by joint funds upon approval of the Executive Board-Joint Activities. Topics to be discussed, but not limited to, are: - Changes in the Area Hire provisions and related matters as a result of 1996 Negotiations. - Review of existing procedures and provisions. - ADAPT (Accommodating DisAbled People in Transition). MAIN INDEX |