March 10, 1980
Greetings:
Over the span of many years the day to day administration of the National Agreement with the General Motors Corporation has resulted in many interpretations of its provisions. The GM Department, as a matter of standard operating procedure, has attempted to acquaint the leadership of the local unions with these developments and, in addition, to advise as to ways and means to more effectively handle employe grievances. Information covering correct administrative procedures has also been furnished.
Many of the contract interpretations and advice as to how to better implement the agreement have resulted in changes in the National Agreement in subsequent negotiations. On the other hand, many of these letters, etc., contain information which continues to be valid. However, all too frequently the local union representatives are unaware of the existence of this important material because of intervening changes in leadership.
This booklet, properly utilized, is a valuable tool to ensure correct administrative procedures are followed and that the provisions of the contract are properly applied for the benefit of the workers we are privileged to serve.
With best wishes
Fraternally,
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Irving Bluestone, Vice President
Director ‑ General Motors Department
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TABLE OF CONTENTS
REPRESENTATION
Page
Index ................................................................................................................................................ 7
Committeemen Recording Grievance Time .................................................................................. 8
Paragraph (21 c) ........................................................................................................................... 10
Paragraph (23) .............................................................................................................................. 16
Paragraph (16c) Footnote (5)........................................................................................................ 19
Local Union Presidents ................................................................................................................. 23
Appendix I‑Special Skilled Trades Representation ....................................................................... 26
GRIEVANCE PROCEDURE
Index .............................................................................................................................................. 27
Policy Grievances ......................................................................................................................... 28
Include Fringe Benefits In Settlement of Grievance...................................................................... 30
Writing The Grievance .................................................................................................................. 31
Umpire Appeals ............................................................................................................................ 32
Investigation of Grievance.............................................................................................................. 32
PRINCIPLES AND POLICIES
HANDLING GRIEVANCES‑GENERAL
Index............................................................................................................................................... 36
Past Practice‑Principles of Application ........................................................................................ 37
PRINCIPLES AND POLICIES
HANDLING GRIEVANCES‑BY SUBJECT MATTER
Index .............................................................................................................................................. 39
Paragraph (48)............................................................................................................................... 41
Paragraph (50)............................................................................................................................... 43
Paragraph (56)............................................................................................................................... 45
Paragraph (59) ‑ Elimination of Jobs............................................................................................. 46
Paragraph (64)(e).......................................................................................................................... 47
Paragraph (69)‑Supervision‑Return of Salaried Non‑Supervisory Employes .............................. 49
Paragraph (71)‑Equalization of Overtime...................................................................................... 51
Paragraph (74)‑Change of Address ............................................................................................. 52
Paragraph (75)‑Shift Preference-‑Skilled Trades Seniority .......................................................... 54
Disciplinary Action Cases.............................................................................................................. 54
Handling Disciplinary Action Cases......................................................................................... 54
Suggested Claims for Relief in Discipline Cases................................................................... 55
Example of Successful Use of Suggested Procedure............................................................ 55
Checking the Records in Disciplinary Action Cases............................................................... 55
Interviews and Discussions with Management Representatives ........................................... 55
Checking Record of Past Discipline ....................................................................................... 55
Management's Burden of Proof in Disciplinary Action Cases ................................................ 56
Charge of Multiple Shop Rule Violations ................................................................................. 56
Umpire Decision on Charge of Multiple Rule Violations ......................................................... 56
Paragraph (76) Notice for Probationary Employes ...................................................................... 57
Paragraph (76a)............................................................................................................................. 60
Paragraph (77)............................................................................................................................... 62
Threats and Violence Involving Guns and Knives......................................................................... 64
Insurance Continuation‑Terminated or Disciplined Employes...................................................... 66
Paragraph (78b)............................................................................................................................. 68
Paragraph (78c)............................................................................................................................. 70
Paragraphs (101)(a) and (101)(b) ................................................................................................ 21
Paragraph (102)‑New Jobs........................................................................................................... 72
Subcontracting .............................................................................................................................. 73
Vacation Pay Allowance................................................................................................................ 75
Night Shift Premium ................................................................................................................ 76
Paid Personal Holidays ................................................................................................................. 77
Absence for Union Business .................................................................................................. 77
Voluntary Overtime and Paid Personal Holidays..................................................................... 78
Jury Duty Pay ................................................................................................................................ 80
Bereavement Pay.......................................................................................................................... 81
ADMINISTRATIVE PROCEDURES
Index .............................................................................................................................................. 83
Procedure for and Ratification of Local Agreements.................................................................... 84
Model Ratification Clause for Local Agreements ......................................................................... 84
Notice to GM of Ratification of Local Agreements ........................................................................ 85
Ratification Requirement Approved by GM Council ..................................................................... 85
Double Billing ................................................................................................................................ 86
Procedure for Handling Paragraph 102 and Violations of Local Wage Agreement ..................... 88
WORK CENTERS
Index .............................................................................................................................................. 89
Action by GM National Council ...................................................................................................... 90
Utilization of Work Centers ........................................................................................................... 92
Corporation Instructions‑Work Centers........................................................................................ 93
Memorandum of Understanding on Work Centers ...................................................................... 96
HEALTH AND SAFETY
Index............................................................................................................................................... 97
Weekly Health and Safety Inspection by District Committeeman................................................. 98
District Committeeman’s Guide for Safety Inspection.................................................................. 99
ELECTRONIC DEVICES
Index............................................................................................................................................. 101
Wearing of Electronic Devices.................................................................................................... 102
IN PLANT ELECTIONS
Index............................................................................................................................................. 105
In Plant Elections......................................................................................................................... 105
REPRESENTATION
Page
Committeemen Recording Grievance Time .................................................................................. 8
Paragraph (21 c)............................................................................................................................ 10
Letter of March 31, 1965 ................................................................................................... 10
Letter of April 3, 1974 ........................................................................................................ 12
Paragraph (21c)‑Committeeman Rights Versus Journeyman
Rights Under Paragraph (178)................................................................................................ 13
Copy of Letter to Louis Seaton, April 17, 1961.................................................................. 14
Copy of Letter to Leonard Woodcock,
April 18, 1961 .................................................................................................................... 15
Paragraph (23) .............................................................................................................................. 16
Copy of Letter to Irving Bluestone, February 11, 1974 ................................................................. 18
Paragraph (16c) Footnote (5) ....................................................................................................... 19
Local Union Presidents ..................................................................................................... 23
Appendix I‑Special Skilled Trades Representative............................................................ 26
REPRESENTATION
MAY, 1953 Newsletter
Committeemen Recording Grievance Time
In each GM plant certain local practices have developed and have been in existence for a long period of time concerning Paragraph 16 of the National Agreement. The first sentence of this clause states:
"Committeemen will be permitted to leave their work after reporting to their respective foremen and recording their time according to local practice, for the purpose of adjusting grievances in accordance with the Grievance Procedure. "
Established Practices May Be Binding
The practices for committeemen reporting to their respective foremen and recording their time varies from plant to plant. Once a specific practice is developed, however, the procedure may not be changed by the unilateral action of either party. Any changes in the practice can be accomplished only by mutual agreement and not by unilateral action.
It is important that if management attempts to change the local practice regarding Paragraph 16, the union, if it disagrees with the change, should lodge a formal protest immediately and be sure that this protest is recorded. Failure to raise objection may be held as indication that the union is in agreement with the change in procedures.
Prompt Challenges of Unilateral Change in Practice Necessary
If, however, an immediate and proper protest is recorded by the union, there is no compulsion for committeemen to follow the new procedure but they may insist on adhering to the old established practice.
In recent Umpire Decision G114, management wished to change the type of form to be used by committeemen in recording time spent on grievances. They discussed this change with the union but the union "indicated no opposition at that time" to the change proposed. Later, the chairman of the shop committee refused to comply with the new procedure and left to handle a grievance without recording his time. He was disciplined. The Umpire upheld the discipline and stated:
"The question then arises as to whether the change made by management was valid. The union claims it was not, because it was made unilaterally. We do not think that is an accurate characterization of management's action. It gave advance notice of the change to the shop committee and allowed it an opportunity to make protest. Having indicated no opposition at that
time the union is in a weak position to protest now. We hold then that on October 1, the proper local practice to be followed under Paragraph 16 was to record time on Form M‑187. Grievant refused to do so.
"Supervision thereupon was entitled to refuse him permission to leave his work. The penalty was for cause. "
Note: Subsequently in Decisions G137and H11 the Umpire held that Management could not unilaterally change the local practice in face of a timely challenge by the union.
In the light of these decisions a timely formal protest of a unilateral change in practice under Paragraph 16 must be lodged if the union does not wish to comply with the change.
March 31, 1965
Local 438 ‑ UAW
2504 W. Mitchell
Milwaukee, Wisconsin
Dear Sir and Brother:
I am in receipt of your letter of March 17, 1965, with your inquiry concerning Paragraph 21(c). As I read your letter, and your Seniority Agreement, the principal question which exists is whether Management would be in violation of Paragraph 21 (c) by halting the Committeeman's slide down the seniority pole at the level of "Inspector Product Special Machining." It is my opinion that an answer to this question will also dispose of the question you raise concerning the legitimacy of a settlement which does, in fact, stop the Committeeman's slide at the Inspection level.
Paragraph 21 (c) was first placed into the National Agreement as a result of a War Labor Board Directive shortly after the conversion of plants to defense work shortly before our involvement in World War II. Prior to that time the National Agreement contained no provisions providing for the retention of Committeemen unless ten or more employes were working in the district or zone. Paragraph 21 (c) was therefore formulated for the purpose of retaining the Committee body as intact as possible during periods of reduction in force.
The responsibility for applying Paragraph 21 (c) in the first instance resides with Management since it is the one that reduces the force and makes job assignments. Under Paragraph 21 (c) it is obligated to place the Committeeman on a job he can do in his district (or zone as the case may be) in a situation where there is a reduction in force and his own job is not operating. It has been held by the Umpire that a Committeeman's job ceases to operate in a reduction in force situation when his seniority date is such that it would no longer hold him in his occupational group.
When a Committeeman does not have sufficient seniority to be retained in his occupational group in a reduction in force, Management is required to place him on another job in the district that he can do. Once this is done Paragraph 21 (c) technically has been complied with.
The normal operation of 21 (c) is for the Committeeman to follow the normal flow provided for in the Seniority Agreement until such time as he would be transferred out of the district. At that point Paragraph 21 (c) operates to retain him in the district. The job on which he is retained, however, need not necessarily be the last job or classification his seniority entitled him to.
All of the foregoing is, in effect, the technical interpretation of Paragraph 21 (c) and it is the one upon which the Umpire would consider in any given set of circumstances.
Applying this to the circumstances of your case, it was entirely proper for the Committeeman to follow the normal flow of the Seniority Agreement until he reached the inspection group. He could not be compelled to file an application for the clearing group, thus on the sheer mechanics of the Seniority Agreement he would not be entitled to a job in the clearing group if he were not a Committeeman. But he is a Committeeman. Therefore, Management could have placed him in the clearing group if it elected to and we could not have successfully challenged this before the Umpire, as long as the clearing group job was within his district.
As matters developed the Committeeman was retained in the inspection group. This is entirely proper under Paragraph 21(c).
Under these circumstances I do not believe there could be any successful objection by other employes to the retention of the Committeeman in the inspection group.
Trusting that this answers the questions you posed, I am
Fraternally,
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William V. Colbath
General Motors Department
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cc: Robert Vicars
William Horner
April 3, 1974
Mr. Harold Bahrenburg, Chairman
Local 31, UAW
1019 Waterway Drive
Kansas City, Kansas 66102
Dear Harold:
This will confirm our telephone conversation of Monday, April 1, 1974, regarding your inquiry concerning the application of Paragraph 21 (c) of the National Agreement.
As I understand the fact situation, there is to be a reduction in force and the question arises as to the respective rights of the Alternate Committeeman and the District Committeeman in such an eventuality.
Umpire Decision E‑146, E‑231 and E‑273, read together, establish the proposition that if a Committeeman, including an Alternate, does not have sufficient seniority to hold in his seniority group, then his job is not considered to be operating and it is entirely permissible for him to be reduced from that group. When such a reduction occurs, the Committeeman follows the normal flow of the Seniority Agreement until he reaches the point that one more transfer would transfer him out of his district. At that point, he should hold by virtue of his committeeman's status pursuant to Paragraph 21(c).
I trust the foregoing answers your inquiry, I remain,
Fraternally,
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William V . Colbath
Administrative Assistant to
Irving Bluestone, Vice President
Director‑General Motors Department
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cc: J. Pratt
Letter No. 381
Re: Committeeman Rights Under
Paragraph 21 (c) versus Journeyman
Rights Under Paragraph 178
TO ALL GENERAL MOTORS LOCAL UNIONS
Greetings:
Since 1947 it has been the policy of the International Executive Board that a committeeman's employment rights under Paragraph 21(c) were secondary to the rights of a journeyman continuing at work under Paragraph 178.
Recently the International Executive Board reviewed this policy and directed the General Motors Department to the effect that Paragraph 21(c) of the October 2, 1958 National Agreement shall be held to override the provision of Paragraph 178 of the same agreement. The policy shall prevail in a specific plant only on and after any future election of committeemen and alternate committeemen.
Notice of this change in policy was submitted to the General Motors Corporation by letter dated April 17, 1961, copy of which is attached, together with the Corporation's reply.
It has been agreed that it will be effective beginning April 24, 1961. Employes‑in‑training or other non‑journeyman individuals elected on or after April 24, 1961 in a district which includes skilled trades will have employment rights even though it may mean that a journeyman will be laid off.
In other words, committeemen in those circumstances will have the same rights as any other committeeman. subject, of course, to the applicable "capable of doing" requirements that prevail with all committeemen.
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COPY
April 17, 1961
Mr. Louis G. Seaton, Vice President
General Motors Corporation
General Motors Building
Detroit 2, Michigan
Dear Sir:
For many years, it has been understood by and between General Motors Corporation and the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW, that an employe ‑in‑training, holding that office of committeeman or alternate committeeman, could not be retained at work if such retention would cause the layoff of a journeyman. The Union's position in this matter was based on a 1947 policy decision of the International Executive Board.
Recently the International Executive Board reviewed this policy and directed the General Motors Department to the effect that Paragraph 21 (c) of the October 2, 1958 National Agreement shall be held to override the requirements of Paragraph 178 of the same Agreement, with the provision that such change of policy shall prevail in a specific plant only on and after any future election of committeemen and alternate committeeman.
We seek your early agreement to this change of policy so that we may notify all General Motors local unions as promptly as possible.
COPY
GENERAL MOTORS CORPORATION
3044 West Grand Boulevard
Detroit 2, Michigan
April 18, 1961
Mr. Leonard Woodcock, Vice President
Director ‑ General Motors Department
International Union, UAW ‑AFL‑CIO
8000 East Jefferson Avenue
Detroit 14, Michigan
Dear Sir:
In reply to your letter of April 17, 1961, please be advised that we are agreeable in applying the terms of Paragraph 21 (c) of the Agreement of October 2, 1958 to employes‑in‑training who are committeemen or alternate committeemen to consider that the provisions of Paragraph 21 (c) override the provisions of Paragraph 178.
Pursuant to our discussions, this application will apply only to committeemen and alternate committeemen elected on and after April 24, 1961. Employes‑in‑training elected as committeemen or alternate committeemen before April 24, 1961 will be governed by the former application of the Agreement under which the provisions of Paragraph 178 were considered to override the provisions of Paragraph 21 (c).
Yours very truly,
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Louis G. Seaton
Vice President
February 13, 1974
To Shop Chairmen and Presidents of
All UAW‑GM Local Unions
Re: Application of Paragraph (23)
Greetings:
As a result of the layoffs caused by the continuing sharp decline in automobile sales a number of problems surfaced in the application of Paragraph (23) of the November 19, 1973 Agreement.
Paragraph (23) reads as follows:
"The President, one Vice‑President, the Financial Secretary, the Treasurer, if any, three Trustees, the Recording Secretary of the Local Union, the two members of the local Supplemental Unemployment Benefit Committee, the member of the local Pension Committee, the local Insurance Representative(s), the Local Union Benefit Representative, the Local Union Health and Safety Representative (s) and the two Union Local Apprentice Committee members shall at the point where they would be subject to layoff from the plant in a reduction in force, be retained at work in the plant regardless of their seniority, provided they can do a job that is operating. This will not apply in cases of temporary layoffs for model change, inventory, material shortages, machine breakdowns, etc. "I
Many of these problems concerned entitlement to a job that is operating. In some cases management interpreted this to mean any job management could find, such as sweeping, etc., despite the provisions of the local seniority agreement. Some managements took the position a skilled employe governed by Paragraph (23) would have to accept a
(Letter of February 13, 1974, Continued)
non‑skilled job, even though normally the employe would have an option under the provisions of the local seniority agreement and could go on layoff directly from skilled trades.
In order to avoid continuing disputes in these areas we have arrived at a satisfactory interpretation of Paragraph (23) with the General Motors Corporation.
Officers or representatives covered by Paragraph (23) will follow their normal seniority flow as set forth in the local seniority agreement. They will then hold on the job to which seniority entitles them. Failing that, they will hold on the last job in the seniority flow before having to be laid off.
In the case of skilled journeymen or EITS employes who are either laid off directly to the street under the seniority agreement, or who have an option to accept such layoff, they will follow their normal skilled seniority flow to that point. They will then be retained in the last skilled classification to which they are entitled prior to being laid off.
If the local seniority agreement provides that such skilled employes, journeymen and EITS, clear through specified non‑skilled classifications they would continue to do so. This interpretation does not affect those employes.
Attached you will find a copy of a letter dated February 11, 1974 setting forth this interpretation signed by Robert W. Clark, Director of Labor Relations, General Motors Corporation, and countersigned by myself.
Fraternally,
Irving Bluestone, Vice President
Director ‑ General Motors Department
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cc: Regional Directors
Regional Representatives
Attach.
(Letter of February 13, 1974, Continued)
GENERAL MOTORS CORPORATION
February 11, 1974
Mr. Irving Bluestone, Vice President
Director‑General Motors Department
International Union, United Automobile,
Aerospace and Agricultural Implement
Workers of America
8000 East Jefferson Avenue
Detroit, Michigan 48214
Dear Mr. Bluestone,
This will confirm our understanding of this date regarding the interpretation of Paragraph 23 of the GM‑UAW National Agreement and the application of the Paragraph 23 provisions to Local Union Officials who are employes affected by a layoff in a reduction in force.
For both non‑skilled trades employes and skilled trades employes who are Local Union Officials, as outlined in Paragraph 23 of the 1973 GMUAW National Agreement, the provisions of the Local Seniority Agreement will be followed in determining the point at which an affected Local Union Official will be retained at work regardless of seniority on a job he can do that is operating in the plant. In the event a particular Local Seniority Agreement provides a skilled trades Journeyman or EITS employe with an option to be laid off from the plant rather than work on a non‑skilled trades job, a Local Union Official, who is such an employe, will be retained, regardless of seniority, in the skilled trades classification from which he would have been laid off.
Please indicate your acceptance of the foregoing by signing and returning to us the attached copy of this letter.
Very truly yours,
