UAW‑GM AGREEMENT
September 21, 1984
(Effective October 15, 1984)
APPLICATIONS
AND
INTERPRETATIONS
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Donald F. Ephlin
VICE PRESIDENT
DIRECTOR
UAW GENERAL MOTORS DEPARTMENT
UAW GENERAL MOTORS DEPARTMENT STAFF
Donald F. Ephlin ‑ Vice President
Robert L. Walker ‑ Administrative Assistant
James H. Lain ‑ Administrative Assistant
James B. Wagner ‑ Assistant Director
John Barbara ................................................................................................................ Umpire Staff
David Beier ........................................................................................... Administrator‑Benefit Plans
Charles Best ................................................................................................................ Service Staff
George Brodeur .................................................................................................. Benefit Plans Staff
Lester Bryan ................................................................................................................. Service Staff
Leo Butnari ................................................................................................................... Service Staff
Rufus Coleman ........................................................................................................... Training Staff
Donald Davis Assistant Director.......................................................................................... Training
Dwight Farr .................................................................................................................. Service Staff
Earl Farrell ....................................................................................................... Attendance Program
Moses Green ................................................................................................................ Service Staff
Cecil Hampton ............................................................................................................. Service Staff
Larry Hartman .............................................................................................................. Service Staff
Richard Hoalcraft ......................................................................................................... Service Staff
James Jackson ............................................................................................................ Service Staff
O. E. 'Bud' Lawley ........................................................................................................ Umpire Staff
Richard Lyons ............................................................................................................. Training Staff
Joseph Malotke .......................................................................................................... Saturn Project
George Mapes .............................................................................................................. Service Staff
Leon Matthews ............................................................................................................. Service Staff
C. 'Bud' Miller ...................................................................................................... Benefit Plans Staff
Ted Miller .............................................................................................. Coordinator‑QWL and H&S
James Morgan .............................................................................................................. Umpire Staff
N. 'Buck' Orvig ............................................................................................................. Service Staff
Linda Patton ........................................................................................................ Benefit Plans Staff
Peggy Person ....................................................................................... Coordinator‑National JOBS
Cal Rapson .................................................................................................................. Service Staff
Robert Rowe .... ..................................................................................... Administrator‑Umpire Staff
Ella Mae Schultz ................................................................................................. Benefit Plans Staff
William Smith ...................................................................................................... Tuition Assistance
Henderson Slaughter .................................................................................................... Umpire Staff
Joseph Spring .............................................................................................................. Service Staff
Larry Stevens ............................................................................................................... Service Staff
James Westness ......................................................................................................... Service Staff
James Wheatley ...................................................................................................... JOBS Program
Edward Yonan .............................................................................................................. Service Staff
Bruce DeCastro (On Assignment from Research Department)............ Growth & Opportunity Committee
INDEX
Page
Paragraph (18) ............................................................................................................................. 7
Paragraph (19e)............................................................................................................................ 8
Paragraph (43b) (1)...................................................................................................................... 9
Paragraph (49)............................................................................................................................ 10
Paragraph (56)............................................................................................................................ 11
Paragraph (57)............................................................................................................................ 12
Paragraph (64) (e)...................................................................................................................... 13
Paragraph (74a).......................................................................................................................... 14
Paragraph (76a).......................................................................................................................... 15
Paragraph (87) (6) ..................................................................................................................... 16
Paragraph (96a) (2)................................................................................................................... 17
Paragraph (98)........................................................................................................................... 18
Paragraph (98a).......................................................................................................................... 19
Paragraph (98b)......................................................................................................................... 20
Paragraph (190) (a)................................................................................................................... 21
Paragraph (202).......................................................................................................................... 22
Paragraph (202b) ....................................................................................................................... 23
Paragraph (203)......................................................................................................................... 25
Paragraph (218).......................................................................................................................... 29
Appendix D‑1 ‑Application of
Corporate Seniority .................................................................................................................... 30
Excerpt from Minutes ‑ Bereavement Pay ................................................................................ 32
Excerpt from Minutes ‑ Paragraph (64)(e)
Vacation and PAA Computation ................................................................................................ 33
Index Page 2
Page
Document 19 ‑ Paycheck Privacy ............................................................................................. 35
Document 21 ‑ Employment Policies and
Procedures (Area Hire).............................................................................................................. 37
Document 28 ‑ Extended Preferential
Employment Opportunities ........................................................................................................ 40
Document 73 ‑ Union Work Centers ......................................................................................... 44
Document 77 ‑ Local Union Presidents .................................................................................... 45
Document 93 ‑ Sourcing ........................................................................................................... 49
New ‑ Sourcing, Engines and Transmissions ........................................................................... 53
New ‑ Temporary Openings ...................................................................................................... 54
New ‑ Temporary Openings ‑ Paragraph (64)(e) ...................................................................... 55
New ‑ Alternates Functioning ..................................................................................................... 56
New ‑ Cooling Off Period ........................................................................................................... 58
New ‑ Wage Agreement ‑ Assembly Plants .............................................................................. 59
New ‑ Redistricting .................................................................................................................... 61
New ‑ Modification to Paragraph (69) ........................................................................................ 62
New ‑ Loss of Seniority ‑ Notification ......................................................................................... 65
Revised ‑ Employe New Vehicle Purchase Program................................................................ 69
SKILLED TRADES
Contract Settlement Agreement –
Conciliation Agreement............................................................................................................... 74
Attachment B (Statement on Technological Progress)............................................................. 76
Paragraph (122).......................................................................................................................... 77
Paragraph (127)(a)(b)................................................................................................................. 78
Paragraph (127)(d)(1)................................................................................................................ 79
Index Page 3
Page
Paragraph (137)(b).................................................................................................................... 80
Paragraph (137)(c).................................................................................................................... 81
Paragraph (140b)....................................................................................................................... 82
Paragraph (143)......................................................................................................................... 83
Paragraph (151)......................................................................................................................... 84
Paragraph (163)......................................................................................................................... 85
Paragraph (164)......................................................................................................................... 86
Paragraph (171)......................................................................................................................... 87
Document No. 58 - Subcontracting –
Implementation of Paragraph (183)(d)....................................................................................... 89
Document No. 59 - Advance Discussion -
Die Construction Programs........................................................................................................ 90
Document No. 60 - Pre-Apprentice Training.............................................................................. 95
Document No. 65 - Related Training Bonus.............................................................................. 96
Document No. 66 - Layoffs - Apprentices and
Employes-In-Training.................................................................................................................. 98
Document No. 68 - Administration of
Paragraph (178)........................................................................................................................ 104
New - Apprentice Placement - Closed Plants
or Discontinued Programs....................................................................................................... 106
New - G.E.D. High School Equivalency Test........................................................................... 109
(18) District committeemen, who are not members of the Shop Committee, shall work at their regular work during the first hour of their respective shifts.
EXPLANATION
The provision that required the District Committeemen to work during the first hour of their respective shift has been deleted from the Agreement. District Committeemen are no longer required to work the first hour of their shift and now will be permitted to function in accordance with Paragraphs (16) and (19e) of the national Agreement.
EXPLANATION
This paragraph sets forth a separate reservoir of hours for the District Committeeman that he may use for joint activities. Each Local Union should sit down and negotiate the specifics of the use of this reservoir of hours including but not limited to joint activities.
(43b)(1) Any grievance involving a dispute regarding an employe's job assignment which has resulted in a loss of work (except as provided in (a) below), or a refusal of Management to return an employe to work from sick leave of absence by reason of the medical findings of a physician or physicians acting for the Corporation, will be initiated at the Second Step, if such findings are in conflict with the findings of the employe's personal physician with respect to whether the employe is able to do a job to which he is entitled in line with his seniority or do the disputed job assignment as the case may be. Failing to resolve the question, the parties may refer the employe to a local clinic or physician mutually agreed upon for an impartial medical opinion as to whether the employe is or is not able to do a job to which he is entitled in line with his seniority or do the disputed job assignment as the case may be. If Management and the Union are unable to agree on any aspect of the referral to a clinic or physician, the case may be appealed as provided in the grievance procedure. Without adding to or modifying any other provisions of this Agreement or any of its Supplements, where an Impartial Medical Opinion (IMO) Program is in effect in a plant the medical authority(s) approved for such program will may be the "local clinic or independent physician" provided for above. The expense of any mutually agreed to physical examination(s) in accordance with the above provisions of this Paragraph (43b) shall be paid one half by the Corporation and one half by the Local Union.
EXPLANATION
In some plants of the Corporation, management was taking the position that the IMO physicians were the only ones to be utilized in the application of this paragraph. In some instances the Local Unions felt that the IMO physician was not giving the employes a fair evaluation and were slanted toward management. In other cases, the Local Union felt that a specialist should be should be used instead of a regular M.D. This change in language permits the use of other than the IMO physicians for Paragraph (43b) cases.
(48a) (49)
Deductions from an employe's wages to recover over‑payment made in error
will not be made unless the employe is notified prior to the end of the month
following the month in which the check (or payroll order) in question was
delivered to the employe.
EXPLANATION
This provision to provide "make up" work for claims arising out of the Corporation's failure to give employes work to which they are entitled was deleted from the Agreement. There is therefore no basis for settling grievances to provide "make up" work for an employe who has been deprived of work to which he is entitled.
SENIORITY
Acquiring Seniority
(56)
Employes shall be regarded as temporary employes until their names have been
placed on the seniority list. There shall be no responsibility for the
reemployment of temporary employes if they are laid off or discharged during
this period. However, any claim by a temporary employe hired pursuant to
Appendix A, with unbroken seniority at any other General Motors plant
covered by this Agreement, rehired pursuant to Paragraph (64)(e), or any
claim by any other temporary employe made after 30 days of employment, that his
layoff or discharge is not for cause may be taken up as a grievance.
EXPLANATION
This change in the Agreement gives protection during the first 30 days of employment to employes rehired under Paragraph (64)(e) and newly hired employes with unbroken seniority at any Corporation plant. Such employes are covered under the provisions of Paragraph (76) of the Agreement if they are laid off or discharged during this time.
(57) Employes
may acquire seniority by working ninety days during a period of six continuous
months in which event the employe's seniority will date back ninety days from
the date seniority is acquired; provided, however, that employes hired pursuant
to Appendix A with unbroken seniority at any other General Motors Plant
covered by this Agreement or rehired pursuant to Paragraph (64)(e) may
acquire seniority by working thirty days during a period of six continuous
months in which event the employe's seniority will date back thirty days from
the date seniority is acquired except as provided in Appendix D‑l.
(See also Appendix D).
EXPLANATION
This paragraph reduces the probationary period from 90 to 30 days for employes with unbroken seniority at any other GM plant and for those employes rehired under the provisions of Paragraph (64)(e).
Effective January 7, 1985 employes with unbroken seniority who hire in another plant and acquire seniority at that plant prior to losing seniority will have a Corporate seniority date established under Appendix D‑1. This will be covered later in this outline.
(e) If
the employe is laid off for a continuous period equal to the seniority he had
acquired at the time of such layoff period or, in the case of an employe with
less than (1) year of seniority, eighteen (18) months or, in the case of an
employe with (1) or more years of seniority, (36) months whichever is longer;
however, an employe under this has been the 1979 National Agreement shall, for
a period of sixty (60) months beginning with the employe's last scheduled work
day prior to his layoff, retain a right to be rehired in accordance with the
seniority date the employe had acquired established at
that plant as of such last day scheduled. An employe who is rehired, or who
has been rehired under the terms of the 1979 National Agreement and who
reacquires seniority at the same plant, pursuant to Paragraph
(57), within sixty (60) months immediately following the last day worked
prior to the layoff during which his seniority was broken by virtue of this Paragraph
(64) (e) or by virtue of Paragraph (64)(e) of the 1979 National
agreement, shall have his new seniority date adjusted by adding an amount
equal to the seniority he had acquired at that plant as of such last day
worked.
For the purpose of computing the period for breaking seniority only, the
first day of that period will be the next otherwise regularly scheduled work
day after layoff. In the case where the next otherwise regularly scheduled work
day is a Monday holiday as listed in Paragraph
(203) or the employe's scheduled Paid Personal Holiday, that Monday
will be considered the first day of that period.
EXPLANATION
The change in this paragraph requires that employes shall be rehired under Paragraph (64)(e) in order of their former plant seniority date, as was always intended. In some locations management rehired these employes in accordance with the seniority they had acquired as of their last scheduled workday. Under that application some employes worked longer than others because of non‑interchangeable occupational group provisions of the Local Seniority Agreement and acquired more time prior to layoff ‑ therefore, leapfrogging employes who had an earlier hire date. This language corrects that inequity.
(74a) Within
thirty (30) days after the ratification of this Agreement, and every six
months thereafter [following the last day of each calendar February,
May, August and November, during the term of this Agreement, the
Corporation shall give to the International Union the names of all employes
covered by this Agreement together with their addresses as they then appear on
the records of the Corporation. The International Union shall receive and
retain such information in confidence and shall disclose it only to those
officials of the Union whose duties require them to have such information.
EXPLANATION
The change in this paragraph requires the Corporation to furnish address lists to the International Union four times per year instead of two times per year.
(76a) When a suspension, layoff or discharge of an employe is contemplated, the employe, where circumstances permit, will be offered an interview to allow him to answer the charges involved in the situation for which such discipline is being considered before he is required to leave the plant. An employe who, for the purpose of being interviewed concerning discipline, is called to the plant, or removed from his work to the foreman's desk or to an office, or called to an office, will be advised that he may, if he so request the presence of his District Committeeman to represent him during such interview.
EXPLANATION
This provision, for the first time, makes it mandatory that an employe be offered representation before any interview begins, in the event of contemplated discipline. If the employe says he wishes to have his Committeeman present then the interview will not begin until the Committeeman arrives. Local Unions are advised to pay close attention to the procedures and requirements as outlined in the Agreement when discipline is involved. Procedural defects, if established, may serve to mitigate a penalty even though the grievant is guilty.
(6) Such
employes shall be paid an additional twenty cents (20¢) twenty-five
cents (25¢) per hour for time worked, which shall
be included in computing vacation pay allowance, paid absence allowance,
holiday pay, bereavement pay, jury duty pay, short‑term military duty
pay, overtime and night shift premium.
EXPLANATION
Effective the date of this Agreement, Seven Day Operators received a premium increase from 20¢ to 25¢.
EXPLANATION:
The Relocation Allowance was increased by approximately 14% in all categories.
(98) New
employes hired on or after the effective date of this Agreement, who do not
hold a seniority date in any General Motors plant which predates such
effective date and are not covered by the provisions of Paragraph
(98b) below shall be hired at a rate equal to eighty‑five
(85) percent of the maximum base rate of the job classification. Such employes
shall receive an automatic increase to:
(1) ninety (90) percent of the maximum base rate of the job classification at the expiration of one hundred and eighty (180) days.
(2) ninety‑five (95) percent of the maximum base rate of the job classification at the expiration of three hundred and sixty‑five (365) days.
(3) the maximum base rate of the job classification at the expiration of five hundred and forty‑five (545) days.
Such an employe who is laid off prior to having attained the maximum
base rate of the job classification acquiring seniority and
who is re-employed at that plant within one year from the last day worked prior
to layoff in the case of an employe who had not previously acquired
seniority, or within one year from the date that his seniority was broken
pursuant to the provisions of Paragraph (64)(e), shall receive a rate upon
re‑employment which has the same relative position to the maximum base
rate of the job classification as had been attained by the employe prior to
layoff. Upon such re‑employment, the credited rate progression period of
the employe's prior period of employment at that plant shall be applied toward
his rate progression to the maximum base rate of the job classification.
For the purpose of applying the provisions of this Paragraph (98), (98a) and (98b) only, an employe will receive credit toward acquiring the maximum base rate of the job classification effective with the first day worked and will include the subsequent days of that pay period. Thereafter, such employe will receive credit for seven days for each pay period during which the employe works except that credit will not be given for any days the employe is on layoff. Credit will not be given for any pay period during which for any reason, the employe does not work except as provided in Paragraph (108) and in the case of the pay period in which the full week of the Christmas Holidays fall, provided the employe would otherwise have been scheduled to work. Each increase shall be effective at the beginning of the first pay period following the completion of the required number of days of employment.
EXPLANATION
Employes who were hired under the 1982 Agreement shall continue to progress to the maximum rate. In addition, employes who have not acquired seniority but are rehired at the same plant within one year from the last day worked prior to layoff will receive a rate on rehire which has the same relative position to the maximum rate of the classification that he had attained prior to layoff.
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EXPLANATION
This paragraph covers employes who have lost their seniority under Paragraph (64)(e) or (64)(f)(3). Upon reemployment these employes receive a rate which has the same relative position to the maximum rate as had been attained prior to layoff. Such employe continues to be covered under the rate progression provisions in effect during his prior GM employment at another plant or his original plant.
NEW PARAGRAPH
(190)(a) Advance vacation pay allowance paid pursuant to Paragraph (202b)(2) will be calculated on the basis of the employe's rate of pay, plus attached night shift premium, not including overtime, as of the employe's last day worked in the week in which the employe makes application pursuant to Paragraph (202b)(2)(c) during the employes current vacation pay allowance eligibility year.
For employes compensated on group bonus or piece work, the advance vacation pay allowance shall be calculated at the employe's average hourly earned rate for the hours worked during the last pay period in which the employe worked prior to the date application is made pursuant to Paragraph (202b)(2)(c).
EXPLANATION
This paragraph sets forth the method of determining the employe's rate for advance vacation pay allowance. The rate is what he received the last day worked, plus shift premium, in the week in which the application is made during his vacation eligibility year. No adjustments will thereafter be made for a rate difference, such as COLA, that may exist when the employe would otherwise be eligible to receive his regular vacation pay
(202) Irrespective of any employment or unemployment on the part of such employes, payment in lieu of vacation to which an employe is entitled pursuant to Paragraph (189a) and Paragraph (189b), less hours paid in advance pursuant to Paragraph (202b)(2) and payment of the unused portion, if any, of paid absence allowance credit in lieu of excused absence, to which an employe is entitled pursuant to Paragraph (192c), shall be made as soon as possible but not later than forty‑five (45) days after the employe's eligibility date, unless the employe elects in writing to take such payment at a later date, but in any event payment will be made not later than twelve (12) months after the employe's eligibility date.
EXPLANATION
This paragraph deducts any amount paid in advance from the employe's regular vacation pay allowance.
Vacation Time Off Procedure
(202b) Management recognizes the desirability of providing vacation time off, up to the vacation pay allowance to which the employe's seniority would have entitled him on his last eligibility date prior to the requested time off, in a manner that preserves the maintenance of efficient operations while giving consideration to the desires of the employe.
(1) Management at each plant will establish a procedure whereby employes, in a period of not less than thirty (30) days in the first quarter of each calendar year, may make application in writing for vacation time off, indicating first, second and third choices. In the event more employes apply for time off than can be spared from the job at a given time, plant seniority will be the basis for resolving priority of applications for time off, except that applicants working on jobs which usually operate when the plant is shut down during such periods as model change, plant rearrangement or inventory will be given first consideration for time off during periods other than shut‑down period.
(2) An employe who has at least five (5) year’s seniority as of his last vacation pay eligibility date may apply for an advance vacation pay allowance of forty (40) hours. Such allowance will be calculated in accordance with Paragraph (190a) and will be paid in the pay period immediately preceding the approved vacation period provided:
(a) the employe has an approved vacation time off application pursuant to Paragraph (202b)(1),
(b) the employe has worked at least 26 pay periods in his eligibility year,
(c) the employe makes application for the advance vacation payment allowance two weeks prior to the approved vacation time off period,
(d) the employe takes the vacation time off, and
(e) only one such advance vacation pay allowance will be paid during an employe’s eligibility year.
(3) Each employe will be given a written disposition of his request. Approved vacation time off will not thereafter be cancelled or changed without the mutual consent of Management and the employe.
(4) Recovery of the advance vacation pay allowance payment made to an employe who does not take the vacation time off or who does not have seniority as of his next eligibility date will be made pursuant to Paragraph (49). Recovery of such overpayments may be made from any future payments payable under any term of this agreement or any Supplemental Agreement thereto.
Explanation on next page
EXPLANATION
This language sets forth the procedure for eligible employes to apply for the advance vacation pay allowance of forty hours. The employe cannot apply for more or less than forty hours. The employe must have at least five years seniority as of his last vacation eligibility date and must have worked during at least 26 pay periods in his vacation eligibility year.
The application may be filed at any time -- even prior to the employe working in 26 pay periods--but must be for a period after the full vacation has been earned. The rate is governed by when the application is made, in accordance with Paragraph (190)(a).
In the event an employe loses seniority (quit or discharged) prior to his vacation eligibility date after he has received the advance vacation pay, such monies will be recovered from future payments payable under the National Agreement or any Supplement Agreement.
This procedure becomes effective as set forth in Paragraph 21 of the Contract Settlement Agreement, as follows:
Advance Vacation Payment
It is agreed the eligibility for the advance vacation payment pursuant to Paragraph (202b)(2) of the 1984 National Agreement will be based on qualifying pay periods worked pursuant to Paragraph 187 in the employes eligibility year which begins on January 7, 1985 for employes with a December 31 eligibility date and July 1, 1985 for employes with a June 30 eligibility date.
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