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MAIN INDEX Doc. No. 81 FEDERAL INCOME TAX WITHHOLDING 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 describe the methods to be used by NAO Compensation in regard to withholding of Federal income tax from employee’s wages attributable to grievance awards, vacation pay and pay in lieu of vacation from employee’s wages. Grievance awards in excess of $500.00, but involving periods less than one calendar year, will be treated as supplemental wages and income tax withholding will be calculated using the Federal income tax regulations regarding supplemental earnings. Likewise, pay in lieu of vacation also will be treated as supplemental wages and income tax withholding will be withheld using the Federal income tax regulations regarding supplemental earnings. It should be noted that the tax withholding referenced above only covers the Federal withholding amount. An amount for FICA taxes and state or local income taxes, where applicable, will be in addition to the amount withheld for Federal income tax. Grievance awards which are less than $500.00 will be aggregated with the regular payroll and the income tax withholding will be calculated on the total amount. If a grievance award is made for a period of more than one calendar year, the income tax withholding will be calculated as if the payment were for a single annual period. Thus, in such situations, NAO Compensation will use the annual percentage table to calculate the income tax withholding for such awards. This method would be the same as considering the award as having been paid equally over the preceding 52 weeks. For vacation payments made for time away from work, such payments will continue to be treated as a regular wage payment; i.e., income tax withholding will be calculated as if the vacation payment represented a regular weekly wage payment. The above methods are dictated by Federal Income Tax Regulations. Therefore, any change or amendment to such Regulations will, of necessity, have to be reviewed for compliance with the above changes. Formal procedures to effect these changes are being communicated to NAO Compensation by separate letter, with instructions to make these changes as soon as practical. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 82 MAJOR PLANT REARRANGEMENT--ADVANCE DISCUSSION 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 course of current negotiations, General Motors and the International Union, UAW reaffirmed the matter of Mr. Earl R. Bramblett's letter of November 11, 1970 regarding the problem of major plant arrangements and its possible impact on local agreements covering bargaining unit employees. The text of that letter is as follows: "During the course of the present negotiations, the International Union raised the problem of major plant rearrangement and its possible impact on local agreements covering bargaining unit employes. "The International Union specifically cited the alterations and rearrangements which took place at Saginaw Manufacturing, Saginaw, Michigan and Fisher Body Euclid Plant at Cleveland, Ohio. At the Saginaw facility the total plant layout was rearranged, new machinery was added and the character of the plant was completely altered. The Fisher Body Plant at Cleveland experienced a drastic transition changing from an auto assembly plant to a trim manufacturing plant. "In each of the above cited examples, work assignments, seniority rights and wage rates, were drastically affected. In one case it required the local parties to negotiate a new wage agreement, seniority agreement, shift preference and equalization of hours groups, as well as introduce a new wage structure which in some instances obscured the former wage agreement. "Where there are such major changes in facilities, both parties agree that it is in their mutual interest to review the potential impact on local agreements with the objective of minimizing misunderstandings and reducing or eliminating possible disputes as far in advance of the event as practicable. Accordingly, the Corporation will discuss such situations with the International Union as far in advance as practicable." Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 83 OVERTIME POLICIES Inter-Organization GENERAL MOTORS CORPORATION Date: September 28, 1999 Subject: Overtime Policies To: All General Managers All Personnel Directors As part of the current negotiations, General Motors informed the International Union, UAW that it is the Corporation's intention to continue its previous policy regarding overtime practices. This policy will be applicable only to those employees who are not covered by the provisions of the Memorandum of Understanding on Overtime. There was considerable discussion in these negotiations about the claims of the International Union, UAW that too many employees who are required to work overtime over extended periods are not excused from overtime work assignments even though they have legitimate reasons to be excused. The Corporation pointed out that overtime serves a number of functions essential to the effective operation of General Motors tightly integrated and interdependent manufacturing system. In many instances overtime must be worked at one or more plants in order to permit other plants to meet their schedules. Emergency overtime to repair breakdowns in essential equipment is often necessary to prevent or minimize interruptions in plant operations and resultant short work weeks for many employees. Overtime is also necessary on bottleneck jobs and also during certain times of the year in order to meet model change deadlines and to satisfy fluctuations in customer demand for General Motors products. Both the International Union and the Corporation recognized that the nature of the business requires overtime work assignments. In many instances, however, less than a full complement in a supervisor's group is needed to fill the jobs which are working overtime. When less than a full complement of employees is needed it is usually practicable for the supervisor to excuse employees who do not wish to work and confine the overtime assignments to those employees who do wish to work. In situations where there are sufficient employees available who wish to work overtime and who are capable of doing the overtime work assignments, employees who do not wish to work overtime are to be excused from doing so, insofar as practicable. Employees who are required to work overtime should be given as much advance notice as is practicable so that they can make any personal arrangements that may be necessary. An individual employee's personal problems in connection with working overtime should be given careful consideration and such individual needs should be recognized. The individual employee's request to be excused from an overtime work assignment, when made a reasonable period of time in advance, should receive every possible consideration. When the request is granted the employee will be notified as far in advance as possible so that the employee can make personal plans accordingly. Thereafter, any cancellation or change in the arrangements to excuse the employee will only be made by mutual consent. Except in situations of an emergency or crisis nature, an employee who is not assigned to a necessary continuous seven-day operation and who has worked thirteen consecutive calendar days will be excused from work on the next following Sunday provided the request for the day off has been made before the end of the employee's shift on the previous Friday. Gary L. Cowger Group Vice President - Labor Relations [See Par. (71)] [See Memo-Overtime] [See Doc. 116] Doc. No. 84 WEATHER COND. & RIOT LTR. GENERAL MOTORS CORPORATION Date: September 28, 1999 To: All General Managers All Personnel Directors Subject: Failure to Work Forty Hours as a Consequence of Severe Weather Conditions or Riots -- SUB Plans In general, the following SUB Plan determinations apply with respect to a plant shutdown in an area in which severe weather conditions or an actual or threatened riot have occurred: 1. With respect to a day for which the plant gives notification by public announcement or otherwise of a shutdown, a SUBenefit shall be paid as provided under the Plan to otherwise eligible laid off employees. 2. With respect to a day during which the plant attempts to operate but is forced to shutdown because of the absenteeism of employees, and forty percent (40%) or less of the employees scheduled to report for work on the shift have not reported to work prior to the shutdown, a SUBenefit shall be paid to otherwise eligible employees who reported for work but were sent home when the plant suspended operations; provided, however, that if the amount of such SUBenefit payable plus the pay for hours worked on such day equals less than the equivalent of 4 hours' pay, such employees shall be paid 4 hours' pay by the Corporation for such day (including pay for any hours worked) in lieu of such SUBenefit, as provided below. In calculating the SUBenefit, credit should be taken as Available Hours for any period between the starting time of the employees' regular shift and the time they reported for work. (a) Employees who report for work during the first 4 hours of their regular shift on a day the plant has attempted to operate and subsequently shuts down, shall receive a SUBenefit for any hours not worked or made available during the period between the time they reported for work and the end of their regular shift; provided, however, that if the amount of such SUBenefit payable plus the pay for any hours worked on such day equals less than the equivalent of 4 hours' pay, the employee shall be paid 4 hours' pay by the Corporation for such day (including their pay for any hours worked) in lieu of such SUBenefit. With respect to an otherwise eligible employee who reports for work during the last 4 hours of their regular shift, a SUBenefit shall be payable for any hours not worked or made available during the period between the time they reported for work and the end of their regular shift and the minimum 4 hours' pay provisions shall not apply. (b) In addition to the provisions of 2(a) above, if overtime hours occur during the week in which the only day(s) of layoff is a day on which the plant attempted to operate but subsequently shutdown due to employee absenteeism, the SUBenefit for otherwise eligible employees shall be calculated with respect to the week. The SUBenefit amount, if any, plus the pay for any hours worked on such day(s) shall be measured against the minimum 4 hours' pay provision, if applicable, for such day(s). However, if overtime hours occur during a week having 2 or more days of layoff, including at least one such day on which the plant attempted to operate but subsequently shutdown due to employee absenteeism, the overtime hours may only be applied to reduce hours of layoff on days other than such days on which the plant attempted to operate. Consequently, a separate SUBenefit shall be calculated for each such day on which the plant attempted to operate, and the amount of such SUBenefit, if any, plus the pay for any hours worked on such day shall be measured against the minimum 4 hours' pay provision, if applicable. If a SUBenefit is payable for such day, it shall be included and paid with any SUBenefit otherwise payable for the remainder of the week; provided, however, that the sum of such SUBenefits cannot exceed the SUBenefit, if any, that would otherwise be payable under the Plan for the Week. (c) A SUBenefit shall not be paid to employees for a day when the plant was attempting to operate if such employees failed to report for work at any time during such day. The total number of hours of the employees' regular shift for such day (8 hours in most cases) will be included as hours made available but not worked in the calculation of any SUBenefit otherwise payable for the week. 3. With respect to a day during which the plant attempts to operate but is forced to shutdown because of the absenteeism of employees and more than forty percent (40%) of the employees scheduled to report for work on the shift have not reported to work prior to the shutdown, the facts and circumstances of the local situation will be reviewed with the Employee Benefits Section of the Personnel Administration and Development Staff and a determination shall be made by the Personnel Administration and Development Staff with respect to any additional SUBenefit eligibility beyond the eligibility provided under item "2." above. Where no additional SUBenefit eligibility is authorized, the provisions and procedures under item "2." above will be followed. If additional SUBenefit eligibility is authorized, the following will apply. (a) Employees who report to work at any time during their shift shall have all hours worked or paid for such day disregarded in calculating Compensated or Available Hours for the Week and shall be deemed to be on qualified layoff for the shift. (b) Employees who did not report for work at any time during their shift shall be deemed to have been on qualified layoff for all of the day in calculating any SUBenefit otherwise payable for the Week. The minimum 4-hours' pay provisions shall apply to all employees who report to work during the first four hours of their shift. The foregoing SUB Plan determinations with respect to a day when the plant attempts to operate during severe weather conditions or during an actual or threatened riot apply only in situations where the plant is subsequently forced to shutdown because of employee absenteeism. If the plant shuts down early or employees are sent home for any reason other than employee absenteeism, eligible employees should be paid SUBenefits with respect to any period of qualified layoff to which they may be entitled under the Plan and the minimum 4 hours' pay provisions shall not be applicable. 4. With respect to a day during which the plant operates in an area in which severe weather conditions or an actual or threatened riot have occurred and more than forty (40%) of employees scheduled to report for work on the shift do not report to work at any time during their shift, the facts and circumstances of the local situation will be reviewed with the Employee Benefits Section of the Personnel Administration and Development Staff and a determination shall be made by the Personnel Administration and Development Staff with respect to any SUBenefit eligibility for any employee for such day. If the determination does not authorize any SUBenefits then no SUBenefit eligibility will be determined under the provisions of this letter. If a determination is made to authorize SUBenefit eligibility for the shift, such eligibility and SUBenefit calculation shall be made in accordance with item "3." above. In determining whether a plant shall attempt to operate during such severe weather conditions or during a riot occurring in the plant area, consideration should be given to the severity of the condition, actions of other employers in the area, and instructions, advice or proclamations issued by local or other authorities. Employees who are unable to get to work due to a "BAN" on driving will be considered on Qualified Layoff for 8 hours for the day. "BAN" means that under a local law/ordinance which is proclaimed to be in effect through a public safety announcement, that persons caught driving in a specified area (through which employees had no alternative but to travel to get to work on regular shift) will be ticketed, fined and/or jailed. Documentation of such public safety announcement is required from, and on behalf of, the employee(s) involved. During the 1967 negotiations, it was understood by the parties that the Union's agreement with the Company SUB Plan determination to be followed with respect to a plant shutdown in an area in which severe weather conditions or an actual or threatened riot have occurred, as set forth in this letter, will in no way jeopardize or limit employee's right of appeal under the Plan to any such Company determination. Gary L. Cowger Group Vice President - Labor Relations [See Par. (80), (224)] [See SUB-Exhibit D] Doc. No. 85 INNOVATIVE WAGE STRUCTURE 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 at length issues that have arisen regarding the application of Local Wage Agreements in the Corporation's passenger car and truck assembly plants. The parties reviewed differences that currently exist in the Local Wage Agreements at such plants resulting from the different history of these plants, such as whether the plant was initially a BOP Division bargaining unit or separate Fisher Body and Chevrolet bargaining units that were subsequently merged into a single GM Assembly Division bargaining unit. These historical differences have resulted in some wage rate variations which the parties have attempted to address in previous negotiations. Likewise, plants engaged in various manufacturing operations have different Local Wage Agreement histories which resulted in classification structures that are not compatible with modern manufacturing methods and organizational structures. In recognition that continuing improvements in the employee's quality of work life, quality of the product, and operational efficiencies are necessary and desirable, the parties have explored various methods to improve the wage structure at the Corporation's plants of the Car and Truck Groups and other operating Divisions. The parties agreed that innovative wage agreements could be instrumental in attaining these objectives and, accordingly, the National parties have agreed to work with and support any plant where there exists a mutual desire to explore such a concept. Although not meant to restrict the full range of ideas and concepts which could be explored, the parties examined the concept of establishing three (3) non-skilled rates in an assembly plant; sanitation/maintenance, production, and utility. It was understood that appropriate transfer, seniority, shift preference, and other modifications are desirable and necessary to support such an innovative wage structure. This concept would be only one of the options available to a plant that desired to explore innovative wage structures. "Levels of Learning" or "Pay For Knowledge" systems would also be options to be considered. If at any local plant there is a mutual desire on the part of Management and Union to explore any such innovative wage agreement concepts, they are specifically encouraged and authorized to discuss and propose such modifications. The National parties will provide any necessary assistance to the local Union and the local Plant Management. Any final agreement shall continue to be subject to the approval of the National parties, who will review these proposals in line with the concepts outlined in this letter. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations [See Par. (89a), (97)] [See CSA #11] Doc. No. 86 MODIFICATION TO PARAGRAPH 69 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, General Motors and the International Union, UAW, discussed the problem of "seniority slippage" under Paragraph (69) which inhibits bargaining unit employees from accepting assignments to fill supervisory positions. It was recognized that in many instances it would be of mutual benefit to the parties for these employees to function in such positions. Accordingly, this letter serves to confirm the agreement reached between the National parties that: 1. The transfer of any employee from a job classification in the bargaining unit to a supervisory position will result in the recall of a seniority employee from layoff status, if available, consistent with the provisions of the J.O.B.S. Program, and/or; 2. The transfer of an employee from a supervisory position back to the bargaining unit does not result in the layoff of a seniority employee; Paragraph (69) of the National Agreement will be modified in the following manner: (69) Any employee who has been transferred from a supervisory position to a job classification in the bargaining unit shall be credited with the seniority the employee had established prior to March 1, 1977, all time worked in the bargaining unit subsequent to March 1, 1977, and all time worked in a supervisory position subsequent to the effective date of this agreement provided: (a) They 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) Their employment with the Corporation has remained unbroken. Such employee may be placed on the job to which the employee's seniority would entitle the employee under 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. In order to assure accurate and timely administration of the conditions stated above in Paragraph (69) of the 1984 GM-UAW National Agreement, the following procedures will be instituted: 1. When any employee is transferred from the bargaining unit to a supervisory position, the Chairperson of the Local Union's Shop Committee will be given a letter specifying the employee's name and the name of the seniority employee who is recalled from layoff status. 2. When such supervisory employee, specified above, is returned to a job classification in the bargaining unit, the Chairperson of the Local Union's Shop Committee will be given a letter, notifying the Chairperson of such transfer back into the bargaining unit. Any complaints regarding the administration of this procedure may be raised by the Chairperson of the Shop Committee directly with the Plant Personnel Director. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 87 COLA CALCULATION 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 letter is to confirm certain agreements reached by General Motors Corporation and the International Union, UAW, regarding the calculation of the Cost of Living Allowance pursuant to Paragraphs (101)(d) through (101)(l) of the National Agreement. The table in Paragraph (101)(h) has been constructed to provide that 1¢ adjustments in the Cost of Living Allowance shall become payable, sequentially, for each 0.3, 0.2, 0.3, 0.2, 0.3 and 0.2 change in the Index, and so forth, with that sequence of changes being repeated thereafter in the table so as to produce an average adjustment over time of 1¢ for each 0.25 change in the Index. If the Union claims that the Corporation's calculations in any particular instance were not made in accordance with the terms of this Letter of Understanding, it may pursue such claim in accordance with the provisions of Paragraph (55) of the new National Agreement. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Attachment [See Par. (101)(d), (101)(g), (101)(h)] [See CSA #10] COLA CALCULATION Attachment ENGINEERING METHOD OF ROUNDING The following rules of rounding shall apply to the determination of the Consumer Price Index: 1. If the leftmost of the digits discarded is less than 5, the preceding digit is not affected. For example, when rounding to four digits, 130.646 becomes 130.6. 2. If the leftmost of the digits discarded is greater than 5, or is 5 followed by digits not all of which are zero, the preceding digit is increased by one. For example, when rounding to four digits, 130.557 becomes 130.6. 3. If the leftmost of the digits discarded is 5, followed by zeros, the preceding digit is increased by one if it is odd and remains unchanged if it is even. The number is thus rounded in such a manner that the last digit retained is even. For example, when rounding to four digits, 130.5500 becomes 130.6 and 130.6500 becomes 130.6. Doc. No. 88 Transfer Provisions - Joint and Benefit Representatives 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 Parties clarified our understanding that all Joint Program and Benefit Representatives are entitled to transfer pursuant to the terms of Paragraph (63) (a) (1), (63) (a) (2), and (63) (b) provided they are the applicant with the most seniority. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations. Doc. No. 89 SEL AND SOURCING - EXPENSES 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 Parties agreed that modifications to the Employee Placement System and the SEL Reporting System are necessary for proper administration of the National Agreement. In addition, it is necessary to develop a system to track the sourcing impact on employment. The Parties further discussed the need to provide access to these systems by the International UAW Representatives assigned to the Employee Placement/Job Security Section. Expenses associated with these systems (i.e., software, hardware) will be jointly submitted to the Executive Board-Joint Activities for their approval. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 90 PERSONAL PRIVACY 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 Union raised a number of concerns regarding the subject of personal privacy. The discussions centered on the collection and dissemination of personal data concerning employees and/or their conduct in the workplace. The Corporation reassured that it places as much importance on the confidentiality of such information as does the Union. In this regard, the Corporation will continue to protect and respect the confidential nature of all personal information. Both the Corporation and the Union agreed that the collection and dissemination of all such data must be related to the legitimate needs of the business or as required by any local, state or federal law, regulation, or court order. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations
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