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MAIN INDEX Doc. No. 121 ADAPT PROGRAM GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: During the current negotiations, the Union raised a concern regarding management’s active participation in the implementation of the ADAPT Program (Accommodating People in Transition - formerly Job Placement) at all UAW-GM locations. The parties agree this process was designed to enable employees with disabilities to be retained at work or returned to work form a sick leave or worker’s compensation leave and be placed on jobs within their physical restrictions, while complying with applicable provisions of the local and National Agreements. The process will be administered at the plant level in accordance with existing National Guidelines. The parties acknowledged that the proper implementation of the ADAPT Program has successfully provided the mechanism for thousands UAW-GM employees with restrictions or disabilities an opportunity to be either retained at work or return to work on meaningful jobs. It was agreed that emphasis must be placed on Step 3 of the 6 Step ADAPT process focusing on job modifications. It was reaffirmed that members of the local ADAPT Committee, both management and union, are responsible for the successful implementation of the Program at their location. This is accomplished by taking an active role and by assigning and maintaining the necessary resources to administer the Program to meet requirements of the local and National Agreements. The parties agreed to develop and implement an audit procedure and a computerized measurement system. This reporting system will provide the National Parties with the necessary information to ensure a common process is being used at all UAW-GM locations. In addition, the parties agreed a further emphasis must be placed on making employees, both hourly and salary, aware of the ADAPT Program and the opportunities it provides for accommodating people with disabilities. This will be accomplished through recurrent training, mailings of the ADAPT brochure to employee’s homes and in-plant communications via videos, newsletters, etc. The National Parties will monitor the Program and provide guidance and training including participating in a training conference during this agreement. Problems not resolved at the plant level will be communicated tot he National Parties for resolution using the process outlined in the ADAPT manual. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations [See Par. (6a), (46), (63), (72)] [See App. A] Doc. No. 122 METAL REMOVAL FLUIDS GENERALMOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 E. Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: During these negotiations, the parties discussed the applicability of a reduction in employee exposure to metal removal fluids. General Motors will continue to assess employee exposures at operations using metal removal fluids and, on the basis of the most recent scientific studies, will comply with an Occupational Exposure Guideline of 1.0 mg/m3 or less (expressed as Machining Fluid - Total Particulate, MF-TP) on existing equipment in our existing facilities. In addition, General Motors will specify that new equipment be engineered and designed to attain a level of 0.5mg/m3 (expressed as Machining Fluid - Total Particulate, MF-TP). Also, the Joint Parties have developed a procedure to verify that this level has been attained at initial production start-up, and efforts have been made to maintain this level after production start-up. Furthermore, General Motors recognizes that efforts are underway on many fronts in the scientific community to develop an appropriate sampling and analytical method to assess employee exposure to metal removal fluids. However, until this is accomplished, General Motors will continue to utilize its interim MF-TP procedure. Problems regarding implementation should be referred to the National Joint Committee. The National Joint Committee will periodically evaluate the Occupational Exposure Guideline and compare it with the most recent scientific information to determine if further adjustment is appropriate. In an effort to continue the leadership of the UAW and GM in controlling employee exposure to metal removal fluids, a one-day engineering symposium will be jointly sponsored to share control solutions in the automobile industry. The parties also agree that any additional symposiums may be scheduled during the term of this agreement as determined by the Vice President and Director of the UAW-GM Department and the Group Vice President of Labor Relations. It is further agreed that this symposium will be conducted sometime during the life of this agreement and will be focused on successful implementation of controls, and not the health effects of exposure of metal removal fluids. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 123 JOINT ACTIVITIES FUNDS GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: We have managed to find common ground on many of the issues involved in these negotiations. Nowhere has that been more evident than in our mutual treatment of issues involving education and training and other programs of joint interest to better our employees and enhance their job security by strengthening the competitive position of General Motors. Our deliberations in this area are in step with congressional and private sector initiatives toward a new era of cooperative labor relations. In this regard, cooperative labor relations with respect to the joint arena can be accomplished only when activities are jointly approved, developed, implemented, monitored, and evaluated. Furthermore, decisions must be arrived at in a setting which is characterized by the parties working together in an atmosphere of trust; making mutual decisions at all levels of administration which respect the concerns and interests of the parties involved; sharing responsibility for the problem solving process; and sharing the rewards of common goals. In these negotiations, we have provided funding for our joint programs which reflect this national policy of cooperative labor relations. We should continue to ensure that the projects, programs and events which are supported in whole or in part with these joint funds do in fact keep us communicating on all levels, consistent with this objective. We agree these funds will continue to be used to help solve mutual problems which may not be collective bargaining problems. They will continue to be used to make General Motors and its employees more competitive in a global economy. In this regard, we jointly sponsor conferences, workshops, seminars and meetings to promote cooperative efforts on related subjects, and where appropriate, invite academic, professional, government, labor and industry representatives to attend and participate. In addition, we understand that while these funds are intended for education, training and development of UAW bargaining unit employees, there are situations where it will be natural for some salaried employees to receive the same training or participate in the same program. Such expenses for non-bargaining unit employees may be funded with joint funds provided the parties agree. Further, the jointly sponsored projects, programs and activities are designed to promote public awareness of General Motors products (including the quality and reliability of such products), General Motors workforce and its role in producing high quality products, and the relationship between General Motors and the collective bargaining representatives for General Motors employees. We also recognize that as representatives of organizations such as the UAW and General Motors, which are viewed by most as key to the vibrancy of many local economies and the national economy, we are expected to be responsible citizens and caring neighbors. Therefore, from time to time we have agreed to use these funds to assist the victims of disaster or the less fortunate in the communities where our employees live and work. We have also supported research projects or efforts by other training, educational or cultural institutions which will through education and exposure promote our goals of labor and management cooperation in the workplace. We have pledged that these joint funds will continue to be used to enhance all our employees involvement in, and appreciation for, decisions that affect their lives. We look to the UAW’s continued cooperation in that regard in identifying and developing with us meaningful projects which will assist their members, and our employees, in reaching that objective. The parties further agree that new programs and activities designed to enhance the welfare and job security of UAW-represented employees may be funded by the National Joint Skill Development and Training Committee, when authorized by the Executive Board-Joint Activities under the provisions of the Memorandum of Understanding Joint Activities contained in the Agreement between General Motors Corporation and the UAW. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 124 EMPLOYEE SOCIAL SECURITY NUMBERS GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: During 1996 Negotiations, the parties discussed the posting of computer reports with complete social security numbers at Company locations. As soon as practical following these negotiations, a systems change will be implemented whereby posted reports generated via the GMTKS or VIP Systems reflect no more than the last five numbers of an employee’s social security number. Locally generated reports, which are posted, will be modified in the same manner. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 125 COMPLIANCE WITH FMLA GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: Subject: Compliance with the Family Medical Leave Act of 1993 During these Negotiations, the parties discussed the Family and Medical Leave Act (FMLA) of 1993. The Corporation assured the Union that it will comply with the provisions of the FMLA. As part of its compliance, the Corporation has established a category of unpaid leave called “FMLA Leave.” In some instances, FMLA Leaves will be concurrent with leaves of absence covered by the National Agreement. Accordingly, in those cases where the employee is eligible for leave under the National Agreement and the leave also qualifies under the FMLA, the Corporation intends to comply with the requirements of the FMLA as well as the separate provisions of the National Agreement regarding covered leaves of absence. Pursuant to the Corporation’s present plan for compliance with the FMLA, the Corporation’s rights under the Act will be modified to: Provide that an employee on FMLA Leave will continue to accumulate seniority in the same manner as an employee on a Personal Leave of Absence; Permit but not require employees to substitute vacation and/or excused absence allowances for unpaid FMLA Leave; Provide that, when a third opinion is necessary under the medical certification and dispute resolution sections of the FMLA, the neutral provider will be selected jointly by the Corporation and the Union, with the consent of the employee, from a list, provided by the appropriate local or state professional medical association, of board-certified specialists in the field of medicine in which the point of controversy exists; Continue Corporation-paid Group Life, Accidental Death and Dismemberment, and Disability Insurance during all FMLA Leaves that are not also Medical Leaves that are not also Medical Leaves as if such leaves were Personal Leaves of Absence. In addition, the Corporation’s plan for compliance would: Not automatically designate and apply absence time that is compensated under the Sickness and Accident Insurance provisions of the Life, Disability and Health Care Benefits Program against an eligible employee’s FMLA entitlement; Use, a calendar year as the 12-month period of the leave entitlement (for example: in 2000, an employee would be eligible for 12 weeks leave from January 1, through December 21, 2000); Require repayment of the cost of health care coverage provided during the leave from employees who fail to return from FMLA Leave to the extent permitted by law. The Corporation may make changes in its compliance plans to reflect changes in regulations and/or subsequent court decisions and the gaining of additional administrative experience but without reducing leaves provided by the Collective Bargaining Agreement. Problems related to the implementation of this letter may be discussed by representatives of the UAW, GM Department, and the Corporation’s GM Labor Relations Staff. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 126 PROCEDURE TO CORRECT PAY SHORTAGES GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: This will confirm our understanding that the following procedure for correcting pay shortages due to Management error, of four (4.0) pay hours or more, will continue. It is further understood that all local agreements regarding this subject are rendered null and void. · Upon employee request, Management will submit pay shortage information into the Payroll System. · A check will be prepared with the employee’s normal tax deductions. · The check will be available to the employee at the plant by the end of the next workday (excluding weekends and holidays). Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 127 SOURCING EVALUATION GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 E. Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: The parties to this agreement recognize the critical impact outsourcing proposals have on the parties’ relationship at both the National and local level. In this regard, when potential outsourcing is under consideration, the local parties should have sufficient time to evaluate the proposal to insure that they have the opportunity to develop a plan to retain the work. During the discussions leading to the current Agreement, the sourcing process was modified to provide a more meaningful role for the Union in sourcing decisions through involvement in the request for quotation process. Under this process, which provides for earlier involvement, the Union will generally have as much time to evaluate methods to retain the work as the 150 day notification process provided under the 1993 National Agreement. In those instances where it is anticipated that less than 150 days will be required to complete the sourcing process, the Chairperson of the Shop Committee will be so advised. However, in such instances where the Union believes that insufficient time has been provided for input into a pending sourcing decision, the matter should be referred to the National Sourcing Committee for further discussion. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 128 RETIREES - FITNESS GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 E. Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: During these negotiations, the parties discussed allowing retired UAW-represented General Motors employees to use in-plant fitness centers, where they exist. Retirees will be eligible to utilize in-plant fitness centers from the location from which they retired on a space-available basis, at non-peak usage periods, when the local fitness center is in operation. The schedule of usage will be determined by the local joint parties based on factors such as location of the fitness center, present hours of operation, present plant employee usage, and other criteria as determined by the local joint parties. Retirees will be required to complete the proper registration process (physician consent form, liability waiver, etc.) that active employees are required to complete in line with UAW-GM fitness center guidelines. It is also understood that nothing contained herein or in existing or future statements concerning employee fitness centers or steps taken to implement its programs and related services shall be construed or interpreted as constituting a waiver of either the Corporation’s or the Union’s rights or responsibilities under the National Agreement, nor are the centers intended in any way to create for any employee or retiree an enforceable obligation against the Corporation, the Union, or their representatives. In addition, it is the parties’ intent that any program or related services provided in or through employee fitness centers are not to be construed as benefits or insurance programs. Finally, the Grievance Procedure set forth in the National Agreement shall not apply to, or have jurisdiction over, any matters related to the employee fitness centers. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 129 RETIREE TUITION ASSISTANCE PLAN GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: This will confirm the understanding reached during the present negotiations that a Retiree Tuition Assistance Plan (including personal enhancement courses approved by recognized accreditation agencies and those approved by government education or training programs) for retired UAW-represented GM employees shall continue to be funded under the Tuition Assistance Program. Retirees would be eligible to take classes approved on-site at the plant or local union hall at the location from which they retired. The courses offered to retirees must be those that are available to the active workforce. The program provides up to $1,250 per calendar year per retiree for the prepayment of tuition and compulsory fees for approved courses leading to credits or degrees only offered on-site by approved educational institutions, or courses included in a special range of approved competency based courses, including non-credit and non-degree courses or activities. The Plan will be administered by the UAW-GM Center for Human Resources. The Center has the authority and discretion to interpret the terms of the Plan including, but not limited to, school and course approval, location of courses and program guidelines. In addition, the grievance procedure set forth in the GM-UAW National Agreement has no application to or jurisdiction over any matter related to this joint program. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 130 UAW-GM SCHOLARSHIP PROGRAM FOR DEPENDENT CHILDREN GENERAL MOTORS CORPORATION September 28, 1999 Mr. Richard Shoemaker Vice President and Director General Motors Department International Union, UAW 8000 East Jefferson Avenue Detroit, Michigan 48214 Dear Mr. Shoemaker: During these negotiations, the parties discussed the importance of continuing education for school-aged dependent children of UAW-represented employees. In this regard, the International Union and the Corporation have agreed to continue the UAW-GM Scholarship Program for Dependent Children. The joint committee established by the Executive Board - Joint Activities will continue to direct the delivery of the program based on the following parameters: l Eligibility: Dependent children of active, retired, or deceased UAW-represented employees who are pursuing post-secondary education or training at an institution accredited by a governmental or nationally recognized agency are eligible to apply for continuing education support. For purposes of this program, the definition of dependent children will be the same as defined in the UAW-GM Legal Services Plan. Amount of Support: An annual voucher of up to a maximum of $1,250 will be distributed directly to the recipient’s educational institution for tuition and/or compulsory fees. Funding: Funding for this program, including administrative costs, will be provided through Joint National Funds. Total annual funding and expenditures for this program will be determined by the Executive Board - Joint Activities. Administrative procedures: The Program will be jointly administered by the UAW-GM Center for Human Resources. Payments under the UAW-GM Scholarship Program for Dependent Children will be subject to applicable federal, state, and local income tax provisions. The Grievance procedure set forth in the current GM-UAW National Agreement has no application to, or jurisdiction over, any matter related to this program. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations
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