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MAIN INDEX Doc. No. 91 SALE OF BUSINESS 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 requested the Corporation to agree that any sale of an operation as an ongoing business would require the buyer to assume the 1999 GM-UAW Collective Bargaining Agreement. The Corporation agreed to do so in the case of any such sale during the term of the 1999 Agreement. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 92 UP-FRONT LUMP SUM PAYMENT 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 to provide an up-front lump sum payment of $1,350 to each eligible employee. Eligible employees are defined as those whose status on the effective date of this Agreement is one of the following: Active (excluding those hired pursuant to Appendix A, Section VII); In protected status; On temporary layoff status; On one of the following leaves of absence not greater than ninety (90) days: Informal (Paragraph 103) Formal (Paragraph 104) Sickness and Accident (Paragraphs 106/108) Pursuant to Family and Medical Leave Act Military (Paragraphs 112 or 218a) Educational (Paragraph 113); Employees otherwise eligible with retirements processed for an effective date of October 1, 1999 or November 1, 1999. In addition, should the International Union, UAW GM Department raise any question of equity in application regarding specific employees, the Corporation agrees to meet on such cases in order to review the facts. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 93 BEREAVEMENT VACATION WITH PAY 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 discussed the possibility of a death of an immediate family member as defined in Paragraph (218b) of the GM-UAW National Agreement occurring during a period in which an employee is on vacation time off with pay. This confirms our understanding that if such circumstances occur where the employee has satisfied the requirements of Paragraph (218b), the employee will be entitled to three additional days of vacation time off during the employee's vacation eligibility year. If an employee does not use these days by the employee's next vacation eligibility date, the employee shall be compensated for these days at a rate of pay established in accordance with Paragraph (193a) of the GM-UAW National Agreement. Recovery of overpayments made pursuant to this understanding will be made in accordance with Paragraph (202l). Very truly yours, Gerald A. Knechtel Vice President Doc. No. 94 HOLIDAYS OCCURRING DURING AN APPROVED VACATION 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 discussed the situation where an employee has applied for and been granted a vacation for a calendar week which contains a holiday as defined by Paragraph (203) of the GM-UAW National Agreement. The Union was concerned that if an employee was credited with a full week of vacation time off under this situation, the employee would not be able to receive the employee's full vacation time off as contemplated in the Vacation Entitlement Section. The Corporation recognizes the desirability of providing vacation time off up to the employee's eligibility for vacation entitlement as of the end of the current eligibility year. Accordingly, the Union was advised that in situations described above an employee would be eligible for an additional day of absence for vacation purposes to be scheduled in accordance with local practice. This would not apply to holidays falling within the Christmas Holiday Period as defined in Paragraph (203). Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 95 GRIEVANCE PROCEDURE 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 discussions that led to the 1990 Collective Bargaining Agreement, the parties held lengthy discussions regarding the grievance procedure and its proper implementation. Both parties acknowledged that the Grievance Procedure has worked well over the years in resolving problems when it was properly administered as outlined in the National Agreement. The Union claimed that in some instances, the Grievance Procedure provisions have not been properly applied relative to the intent of the National Agreement. Specifically, the Union remarked that at some locations, grievances were allowed to accumulate at the various steps of the Grievance Procedure and/or were not answered in a timely manner at the lower steps of the procedure. The Union further claimed that in some cases Management representatives were not available for or were unwilling to schedule regular grievance meetings. The Corporation stated their concern that at times, Union Representatives demanded answers to grievances before Management had an opportunity to investigate the charges contained in the grievance. As a result of the foregoing, the parties reviewed the contents of Document No. 44 and Document No. 45 and reaffirmed their mutual desire and intention to assure that grievances will not be unduly delayed nor allowed to accumulate at any step in the Grievance Procedure in any plant. Furthermore, it was recognized that both parties have the responsibility to meet regularly on grievances in accordance with the terms of the National Agreement and that such meetings should not be postponed or delayed unnecessarily. In this regard, the parties agreed that complaints in this area will be handled under the provisions of Paragraph (5a) of the National Agreement. Before such problems are referred from the plant, however, the situation will be discussed between the Chairperson of the Shop Committee, the President of the Local Union and the Regional Servicing Representative, and the Plant Manager and Personnel Director. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations [See Par. (28), - (45)] Doc. No. 96 "COOLING OFF" PERIOD 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 the current negotiations, the Union expressed concern that some disciplinary interviews escalated into confrontation because tempers flared. The Union suggested that in these situations a "Cooling Off" period would be beneficial to all concerned. The Corporation and the International Union agreed that contemplated discipline should be discussed in a calm manner allowing for an objective evaluation of the facts. In those situations where emotions preclude this from happening, the parties agreed that as a matter of practice and when possible such discussions should be postponed until such time that, in the opinion of Management, a constructive exchange of information could occur. Notwithstanding the foregoing the parties recognized that certain actions such as assault, or other serious acts of misconduct would render the "cooling off" period totally inappropriate. Additionally, it was mutually recognized that providing or not providing a "cooling off" period will be without prejudice to either party in the application of any terms of the National Agreement and will not be cited or relied upon by an employee, the Union, or Management as a basis for any claim. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations [See Par. (76a)] Doc. No. 97 PROMOTIONS - (63) 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 expressed concern with the application of Paragraph (63) of the GM-UAW National Agreement. The Union specifically expressed concern over the use of disciplinary and attendance records in determining the merit ability and capacity of applicants for promotional opportunities. The Corporation advised the Union that retaining the ability to promote the most qualified applicants was essential to its commitment to make quality products and to maintain efficient operations. The Corporation assured the Union that in evaluating disciplinary and attendance records in determining merit ability and capacity for promotional opportunities, the exercise of good judgment was essential. In evaluating the records of two employees who have applied for a promotion, if the records are to be the deciding factor, there must be a meaningful difference between them. The Corporation advised the Union that after the effective date of the new GM-UAW National Agreement, it intends to review the contents of this letter with local Management to insure fairness in the exercise of these rights. Very truly yours, Gary L. Cowger Group resident - Labor Relations Doc. No. 98 SUBCONTRACTING COMMUNICATIONS 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 recent negotiations, there were discussions concerning subcontracting which resulted from inadequate communication about such matters. As a result of these talks, Management reaffirmed the commitment which was made in an A. S. Warren, Jr. letter to General Managers in 1987 that reads as follows: "During the current agreement we have experienced many labor relations problems in the plants in handling subcontracting matters. There were several five day letters and strikes and other major problems finally settled just short of the issuance of five day letters by the UAW. "In many of these instances the root cause of the problem is lack of communication. Inadequate communication has occurred at the Group level with International Union representatives and at the Divisional and local plant level as well. The GM-UAW National Agreement currently requires timely meetings in advance of the decision to subcontract work normally and historically performed by General Motors skilled trades employes. I am informed, however, that some meetings relative to major die construction and die tryout are not held at all or not in advance of the subcontracting associated with the program. "In addition, plant level meetings with local union representatives relative to routine maintenance contracting are often held after the contract has been let and insufficient useful information is provided to the union for them to consider and make appropriate comments relative to Management's plans. "The Corporation intends to achieve world wide competitive status utilizing not only the skills of our employes but also the suggestions and ideas of the people and the unions as to how work can best be accomplished at the lowest possible cost with the highest possible quality and on time. "This approach to managing the business should be utilized throughout the Corporation at all levels: production, skilled and technical. Obviously such discussions should be held in a timely manner with appropriate management and union personnel. "Accordingly, please assure that an appropriate representative of management in each personnel department is responsible for having adequate information about each subcontract for the performance of skilled trades work covered by the subcontracting provisions of the agreement. After determining that required discussions have been held this representative would approve the contract prior to its being let to an outside firm. This will require complete understanding and cooperation of our contractual requirements by the plant's engineering and purchasing personnel. "The restructuring of General Motors has resulted in different people and a variety of teams now having responsibility for advance model die construction. Please assure that all executives or others involved with product teams are made aware of our contractual requirements. A specific member of each team should be given the responsibility of informing the personnel director well in advance of the actual beginning of die construction. The objective is to enable the personnel director to inform the union in advance of any impact on the bargaining unit in accordance with Document 59 in the National Agreement. "There are numerous examples where complete, advance communications with the union and the skilled trades employes has resulted in important projects being completed on a competitive basis in terms of quality, cost and timeliness. The result has been a feeling of pride of accomplishment shared by the union, employes and the managers. "Plant relationships can only be improved by open, frank communications in all areas, particularly in carrying out our subcontracting responsibilities. "Mr. Stempel and the Executive Committee are in complete agreement that extraordinary attention must be given to our managerial responsibilities in this area. I have been assured by the International Union that we will have the full assistance of the GM Department Staff in bringing about improved plant relationships when we have installed full, advance communications relative to business decisions involving subcontracting." Furthermore, with regard to tool, die and represented engineering work, including prototype and pre-prototype work, several local Managements and Unions have implemented a process of advanced notification, review, and competitive analysis which has enabled the parties to consider and serve the interest of skilled tradespersons in job security, as well as Managements' needs for competitive and timely performance of this kind of work. Therefore, the Corporation and the International Union are in agreement that they will encourage other locations to implement this approach in order to avoid conflicts over the subcontracting of such work. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 99 GM POLICY REGARDING SEXUAL HARASSMENT 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: The following is the text of General Motors written and published policy regarding sexual harassment. "General Motors has had for many years a written and widely distributed policy on equal opportunity employment. Sexual harassment, as in the case of harassment based on age, race, color, sex, religion, national origin, disability or sexual orientation has long been regarded as a violation of this policy. "All employees are expected to deal fairly and honestly with one another to ensure a work environment free of intimidation and harassment. Abuse of the dignity of anyone, through ethnic, racist or sexist slurs or through other derogatory or objectionable conduct, is offensive employee behavior. Sexual harassment also includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. "All GM employees are entitled to a work environment in which words and actions do not have even the appearance of disrespect. Sexually-oriented jokes, cartoons, pictures, language, certain gestures and touching may be offensive to people and, therefore, may result in a hostile work environment. This type of conduct will not be tolerated in the workplace. General Motors facilities must be free of hostility resulting from sexually-oriented behavior. It is the responsibility of management and each employee to maintain an environment free of hostility. "As in the case of other unfair employment practices, if you believe you have been subjected to sexual harassment, you may bring your concerns to the attention of either your immediate supervisor, personnel director, representative, or union representative, or you may utilize appropriate and existing internal complaint procedures." General Motors and the UAW are in agreement that complaints of sexual harassment should be dealt with promptly and fairly under existing internal procedures as provided under Paragraph (6a) of the National Agreement. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations Doc. No. 100 WARRANTIES 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 complained there has been inconsistent administration of the "normal warranty" provisions of Paragraph 183(b) of the National Agreement. The Union indicated that plant managements insist on warranties beyond normal periods of time and that our skilled employees are not assigned to the new equipment or machinery until long after it has been in the plant. This does not provide the opportunity for our own skilled trades to learn how to keep such equipment operating effectively. The Corporation informed the Union that good business practice includes the use of warranty arrangements sufficient to assure that the equipment purchased by the Corporation performs according to specifications required by the purchase contract. The parties agreed that many locations through cooperative efforts such as assigning UAW-GM employees with vendors during installation and servicing, progressive training arrangements both onsite and offsite, etc. have resolved all their problems attendant to this issue. The Corporation and the International Union encourage each local union and local management to pursue such reasonable working agreements. Instances that are not resolved may be handled under the subcontracting provisions of this agreement. Very truly yours, Gary L. Cowger Group Vice President - Labor Relations
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