INTERPRETATIONS, STATEMENTS,
LETTERS AND THE
MEMORANDUM OF UNDERSTANDING
ON HEALTH AND SAFETY
(The following documents connected with the 1996 GM-UAW negotiations are not a part of the National Agreement but have been included in this booklet for information purposes.)
(See Index in the front of the Agreement Book)
Doc. No. 1
Interpretation of the
Time and One-Half Provisions
of the National Agreement - Paragraph (85)(a)
(Special Case Caused by Short Shift)
In the event an employee works more than eight consecutive straight time hours on a shift (exclusive of an unpaid lunch period) under circumstances where the present daily overtime provisions and interpretations would make the time worked in excess of eight hours on that shift payable at straight time, such time worked in excess of eight hours on that shift will be paid for at time and one-half. Any such time worked and paid at time and one-half instead of straight time, will be considered as having been paid at straight time for purposes of computing daily overtime within the 24-hour cycle in which such time worked occurs.
(1) Sent home or excused by Management.
(2) Under G-153 and G-208, all 9 hours would be at ST. Under the 1967 interpretation, the hour from 2:30 to 3:30 p.m. would be at T 1/2 but would be counted as a straight time hour for purposes of computing daily overtime for the 24-hour cycle from 7:00 a.m. Wednesday to 7:00 a.m. Thursday.
Doc. No. 2
Interpretation of
Working Hours Section
(Delayed Starting Time on Sunday Night)
In negotiations, the Union has cited the following examples:
An employee is scheduled to start work at 12:01 a.m. on Monday and at 10:30 p.m. for the rest of the week. The first eight hours beginning at 12:01 a.m. Monday were paid at straight time.
An employee starts a week at 10:30 p.m. Monday. This shift is also worked Tuesday night, Wednesday night, Thursday night and Friday night. The shift beginning 10:30 p.m. Saturday may or may not be worked. The employee is brought in Sunday night but instead of starting at the usual time of 10:30 p.m., the starting time is delayed until 12:01 a.m. Monday. The next week is then started at the usual time of 10:30 p.m. Monday. The first 8 hours beginning at 12:01 a.m. Monday were paid at straight time.
The Corporation advised the Union that in these and similar cases, the shift that starts at 12:01 a.m. on Monday will be considered a Sunday shift and paid at double time. The employee’s 24-hour cycle shall be considered to have started at 10:30 p.m. Sunday night.
[See Par. (82), (86)]
Doc. No. 3
Interpretation of
Working Hours Section
(Special Double Time Case)
During negotiations the Union has cited a situation in which a third shift employee worked seven shifts in the week and received no double time under the following circumstances.
Example #1
The employee worked the first five days of the week beginning each day at the regular shift starting time. The employee’s sixth shift was advanced from 12:01 a.m. Saturday to 11:00 p.m. Friday and the employee then worked eight hours. The seventh shift was advanced from 12:01 a.m. Sunday to 11:00 p.m. Saturday.
Example #2
The employee worked the first five days of the week beginning each day at the regular shift starting time. Then the employee’s sixth shift was advanced from 12:01 a.m. Saturday to 11:00 p.m. Friday and eight hours were then worked. The seventh shift was advanced from 12:01 a.m. Sunday to 3:30 p.m. Saturday.
The Corporation advised the Union that if this or other such cases occur where the starting time of the employee’s seventh shift is advanced from Sunday to Saturday, the employee involved will be paid at double time for the hours worked by the employee on the seventh shift worked even though the shift starting time falls on Saturday.
[See Par. (86)]
Doc. No. 4
Interpretation of
Working Hours Section
(Special Protracted Work Period Case)
During negotiations, the Union cited a situation in which an employee worked for a continuous period of more than twenty-four (24) consecutive hours where the hours worked in excess of twenty-four (24) were paid for at straight time.
The Corporation advised the Union that in such a case, those continuous hours worked in excess of twenty-four (24) will be paid for at the rate of time and one-half unless such hours would otherwise be paid for at a higher premium pursuant to the provisions of the Working Hours Section of the National Agreement. Any such time worked and paid at time and one-half instead of straight time, will be considered as having been paid at straight time for purposes of computing daily overtime within the 24-hour cycle in which such time worked occurs.
[See Par. (85) (a)-(c), (86)]
Doc. No. 5
RELIEVING EMPLOYEE FOR
COMMITTEEPERSON DISCUSSION
Consistent with the purpose of the Grievance Procedure, a rule of reason should be applied in determining whether an employee should be excused from the job in order to confer with the Committeeperson handling the employee’s grievance. A rule of reason should likewise be applied when, due to production difficulties, excessive absenteeism, or other emergencies, it will not be possible to immediately relieve the employee from the job. On many jobs discussion between the employee and the Committeeperson is entirely practical without the necessity for the employee being relieved. On the other hand, an employee working on a moving conveyor, in an excessively noisy area, or climbing in and out of bodies, should be permitted a reasonable period of time off the job and a suitable place in which to discuss the grievance with the Committeeperson. This shall not interfere with any local practice which is mutually satisfactory.
[See Par. (5), (19), (29)]
Doc. No. 6
UNION RACKS--
OFFICIAL PUBLICATIONS
Management will provide suitable racks at the appropriate plant exits for use in distributing literature to employees who are leaving the plant. Their use will be limited to the display of official publications of the Local Union and International Union as certified to Management by the President of the Local Union, the Chairman of the Shop Committee or International Representative prior to the placement of such material in the racks by the Union.
These racks will be placed convenient to the exits during the time major groups of employees are exiting the plant premises at shift quitting times.
It is understood the Union will discourage any littering growing out of the use of these racks.
[See Par. (92)-(93)]
[See CSA #5]
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