EDUCATIONAL OUTLINE
UAW-GENERAL MOTORS
NATIONAL AGREEMENT
NOVEMBER 2, 1996
(EFFECTIVE NOVEMBER 18, 1996)
APPLICATIONS AND INTERPRETATIONS
RICHARD SHOEMAKER
VICE PRESIDENT AND DIRECTOR
UAW GENERAL MOTORS DEPARTMENT
GENERAL MOTORS DEPARTMENT STAFF
Richard Shoemaker, Vice President and Director
Jim Beardsley, Administrative Assistant
Dick Monczka, Administrative Assistant
Henderson Slaughter, Administrative Assistant
L. E. Bunch, Assistant Director
Bill Capshaw, Assistant Director
Mike Gracey, Assistant Director
Rick Lyons, Assistant Director
Joe Spring, Assistant Director
Karla Swift, Assistant Director
Ken Terry, Assistant Director‑,,
Tom Weekley, Assistant Director
Ray
Allen
Paul
Allmand
Tom
Ameno
Jeannie
Anderson
Ron
Baug
Charlie
Best
Ron
Bieber
William
Bowers
Jack
Brown
Bennie
Burgess
Rebecca
Cabreros
Esther
Campbell
Scott
Campbell
Bud
Carroll
James
Ciotti
John
G. Clark
Jerry
Clifton
Rufus
Coleman
Jesse
Conway
Jerry
Coville
Charlie
Coy
Harold
Cox
Shelley
Czeizler
Steve
Czerneski
Don
Douglas
M.
L. Douglas
Robert
Evans',
Bob
Farley
Greg
Fedewa
Mark
Fielder
Bill
Freeman
Ray
Gibson
opeiu494/pp
Dan
Gingerich
Larry
Gontko
Moses
Green
Mike
Grimes
Leslie
Halliburton
Joe
Hasenjager
Diana
Hrovatin
Mohammed
Isa
Sam
Isaac
Larry
Jolly
Dick
Jones
Jim
King
David
Koepcke
Pete
Korolenko
Dan
Lack.
Randy
Lentz
Dick
Long
Faye
McAfee
Rick
McKiddy
Steve
McLimans
Paul
Mitchell
Clayton
Moll
Judy
Murphy
Ron
Murray
Robert
Naugle
Don
Newton
Tony
Ortiz
Ed
Parker
Linda
Patton
Carl
Pedersen
Peggy
Person
Tom
Richardson
Tom
Robinson
Richard
Ruppert
Don
Sarkesian
Joel
Sawyer
Lou
Schultz
Rene
Schutte
Len
Schwartz
Bill
Scrase
Harold
Shelton
Jim
Shroat
Leon
Skudlarek
Darrell
Smith
Larry
Smith
Don
Spillman
Richard
Stalinski
Richard
Starr
Maurice
Staten
Jim
Stevens
Cindy
Suemnick
Crickeft
Sweet
Larry.
Szumal
Jim
Titsworth
Libby
Tomasko
Eddie
Trent
Lula
Trice,
Tom
Walsh
Joanna
Whitaker
Willie
Williams
Jim
Yaklin
Al
Yelle
Vice Presidents: Carolyn Forrest - Jack Laskowski
- Ernst Lofton - Richard Shoemaker
October
30, 1997
Greetings:
This material was prepared by the UAW General Motors
Department as part of our continuing program of using the Subcouncil forum for
the purpose of familiarizing local union representatives with the provisions of
the UAW‑GM National Agreement. These programs have proven successful and
beneficial to Subcouncil participants.
This Educational Outline is a review of the changes
made in the National Agreement during the 1996 negotiations. It will assist you
in administering the contract in a manner that assures our members will receive
the benefits to which they are entitled.
Fraternally,
Richard
Shoemaker
Vice
President and Director
UAW
General Motors Department
opeiu494
educout.doc
(6a) It
is the policy of General Motors and the UAW that the provisions of this
Agreement be applied to all employees covered by this Agreement without
discrimination based on race, color, religion, age, sex, national origin or
individuals with disabilities as required by appropriate state and federal law.
Any claims of violation of this policy. or‑claims of sexual harassment or
of any laws regarding discrimination or harassment on account of disability
may be taken up as a grievance.
When a grievance containing a claim of violation of
this paragraph is appealed to the Shop Committee the Chairperson of the Shop
Committee may refer the claim to a designated member of the Civil Rights
Committee of the Local Union for a factual investigation and report. Any such
investigation will be conducted in accordance with the provisions of Paragraph
(33). Neither the Chairperson of the Civil Rights Committee, nor the member
of the committee that the Chairperson may designate to investigate such a claim
in the Chairperson’s place, shall receive pay from the Corporation based solely
upon any activity arising pursuant to this paragraph.
The grievance and
arbitration procedure shall be the exclusive contractual procedure for
remedying such discrimination claims.
[See Par.
(37)]
[See App.
H]
[See Doc. 30,
31,
32,
33,
99,
107]
EXPLANATION:
Language was added to
this paragraph of the Agreement to clearly state that discrimination or
harassment concerns of UAW represented GM employees may be taken up as a
grievance.
(63)
The transferring of employees is solely the responsibility of Management
subject to the following sub-paragraphs. The provisions of this paragraph shall
be applied without discrimination because of race, religion, color, age, sex,
disability, or national origin, so that equal employment opportunity will be
afforded to all employees.
This Paragraph (63) will
be openly displayed in each department in each plant in such a manner that it
may be reviewed by the employees so that they will be aware of transfer and
promotional opportunities that may become available to them and the procedure
for expressing their desires. All classifications within a department and their
rates of pay will also be openly displayed in that department so that employees
will be aware of transfer and promotional opportunities that may become
available to them. Local agreements that have been negotiated pursuant to sub‑Paragraph
(63)(b) below will also be so openly displayed in each department in each
plant.
[See Par. (72)]
[See App.
K Att. A]
[See Doc.
20, 54,
70,
97]
EXPLANATION:
Discrimination based. on
disability was added to this paragraph in accordance with the Americans with
Disability Act.
Night Shift Premiums
(89)
A night shift premium on night shift earnings, including overtime premium pay,
will be paid to employees for time worked on shifts scheduled to start in
accordance with the following chart:
|
Schedule Shift
Starting Time
|
Amount of Regular
Shift Premium
|
Amount of
Conditional Shift
Premium
|
|
(1) On or after 11:00
a.m. and before
7:00 p.m.
|
Five per cent
|
Ten
percent for all hours worked after 12 midnight when such employee is
scheduled
to work more than nine (9) hours and until or beyond 2:00 a.m.
|
|
(2) On or after 7:00
p.m. and on or before 4:45 a.m.
|
Ten per cent
|
|
|
(2) After 4:45 a.m.
and before 6:00
a.m.
|
Ten per cent
until
7:00 a.m.
|
|
|
(4) On or after
6:00 a.m. and before 11:00 a.m.
|
None
|
Five
percent for all hours worked in excess of eight (8) when such employee is
scheduled to work twelve (12) or more hours
|
When employees covered
by (1) above are scheduled to work more than nine hours and until or beyond 2:00
a.m. they shall be paid ten per cent for the hours worked after 12
midnight.
When employees whose
normal shifts begin on or after 6:00 a.m. and before 11:00 a.m.
are scheduled to work twelve (12) or more hours, they shall be paid a five (5)
percent shift premium for all hours worked in excess of eight (8).
In applying the above
night shift premium provisions, employees shall be paid the premium rate, if
any, which attaches to the shift they work on a particular day.
[See Par.
(87)(6), (101)(i),
(205)‑(205a)]
EXPLANATION :
This paragraph has
changed by incorporating two of the three subparagraphs which were below the
chart directly into the chart.
Under the 1993
Agreement, it was implied that an employee must not only be scheduled for the
required number of hours indicated in the language but must actually work these
hours to qualify for the applicable conditional shift premium payments. The new
agreement interpretation is that the employee must only be
"scheduled" for the required number of hours. When the employee is
scheduled for the required number of hours, they qualify for the conditional
shift premium payment regardless of whether those hours are actually worked.
(96a)(1) An
employee whose seniority is transferred between General Motors plants pursuant
to Paragraph (96) of this Agreement will be paid a Relocation Allowance,
provided:
[See App.
K,II,(N)]
[See
Doc. 20]
(a) The plant to
which the employee is to be relocated is outside the Area Hire Area as defined
by the National Parties, and
(b) As a result
of such relocation the The employee changes permanent residence, and
(c) Application
is made within six (6) months after commencement of employment at the plant to
which the employee was relocated in accordance with the procedure established
by the Corporation.
EXPLANATION:
Our members must change
permanent residence in order to be eligible for a relocation allowance.
(96a)
(2)
When
employees are relocated, they will be given a choice from the following
Relocation Packages:
(a) Option 1 ‑Enhanced Relocation:
Employees will receive a Relocation Allowance up
to a maximum of $20,000, $22,000 $5,000 $6.000 of
which will be provided as a signing bonus to cover miscellaneous up front cash
expenditures. The balance will be paid by Argonaut as direct reimbursements for
actual expenditures incurred within 6 months of the effective date of
relocation. Reimbursable expenses include all of the following: real estate
commission on sale of house, points and closing costs (title insurance. taxes
and interest and miscellaneous lender fees) on purchase of new home, and
household goods move (full van line or self drive). Costs are reimbursable only
if employee utilizes Argonaut’s Relocation Services preferred
real estate brokers and van lines.
In addition, spousal relocation assistance will
be provided through Argonaut Relocation Services.
After one (1) year of employment, employees may
receive any remaining balance of the $15,000 $16.000 up to a
maximum of $5,000 $6,000.
Employees who are placed in accordance with
Appendix A and accept the Enhanced Relocation Allowance will not
be eligible to initiate another Extended Area
Hire placement for a period of 18 months unless the employee's status changes
to laid off or Protected or unless otherwise agreed to by the National Parties,
Employees will also be reimbursed via expense
report for expenses approved in advance incurred on an orientation trip to the
plant having an opening.
Employees receiving the Enhanced Relocation
Allowance will terminate their seniority at all other GM locations and,
therefore, not be eligible for recall/rehire or Return to Former Community.
(b) Option 2 ‑ Basic Relocation:
Employee will receive Relocation Allowance based
on mileage relocated from plant of layoff to plant of hiring based on the
following table:
Relocation
Allowance
Amount
Mileage Single Married
50‑99 $1,049 $2563 $2,330
100‑299 $1,168 $2824 $2,567
300‑499 $1,267 $2962 $2,693
500‑999 $1,536 $3499 $3,181
1000+ $1,775
$4022 $3,656
The employee who accepts the Basic Relocation
Option will be eligible to apply for return to former community in accordance
with the Memorandum of Understanding Employee Placement (Section V ‑
Return to Former Community) after working at the plant of relocation for a
period of six (6)
months or upon
indefinite layoff from the plant of relocation.
Married employees receiving the Basic
Relocation Option may initially apply for the
"single" amount and within one
(1) year, the balance of the "married"
amount when their families are
relocated.
Employees from an idled
or closed location or employees from a location not included in an Area Hire
Area with no prospect of recall who relocate in excess of 200 miles under the
Basic Relocation Option will receive the specified relocation amount and an additional
$1,000 $1,200.
[See App.
A]
EXPLANATION:
The signing bonus was
increased to $6,000 and the relocation amount increased to $16,000 for a total
Enhanced Relocation Package amount of $22,000.
A new service will be
available to employees who relocate ‑ spousal relocation assistance. This
service will be coordinated through Argonaut Relocation Services and is in
addition to the $22,000 Enhanced Pack‑age amount.
Changes reflect
increases in the Enhanced Relocation Package.
Employees who move under
the Enhanced Relocation Package will not be able to initiate another out of
area move for a period of 18 months unless the employee is laid off or placed
on Protected status. The National Parties may agree to move employees before
the end of 18 months.
The basic relocation
amount was increased 10% over the 1993 married amount. The single category also
was eliminated.
(96a)
(4a 4) Only
one Relocation Allowance will be paid where more than one member of a family
living in the same residence are relocated pursuant to Paragraph
(96).
(4b) Single,
widowed, divorced, or legally separated employees who accept the Basic
Relocation Option and who have children Residing and relocating with them will
be eligible for‑ the "Married" Relocation Allowance
Amount.
EXPLANATION:
Paragraph (4b) is no longer applicable.
Note: If a married
couple is relocating to different plants, each will be eligible for the
relocation amount. However, if taking the Enhanced Relocation Package, the
reimbursable expenses for the sale of only one house will be reimbursed under
this program.
(101)(a) General Increases.
Effective September 15, 1997 and September 14, 1998 20, 1993,
each employee covered by this agreement shall receive a wage increase in the
employee's straight time hourly wage rate (exclusive of Cost of Living
Allowance and Shift Premium) in accordance with the following table:
Straight Time
Hourly
Wage Rates Wage
Increases
Up thru 15.83 47¢
15.84 16.16........................................... 48¢
16.17 16.49........................................... 49¢
16.50 16.83........................................... 50¢
16.84 17.16........................................... 51¢
1717 17 49........................................... 52¢
17.50 17.83........................................... 53¢
17.84 18.16........................................... 54¢
18.17 18.49........................................... 55¢
18.50 18.83........................................... 56¢
18.84 19.16........................................... 57¢
19.17 19.49........................................... 58¢
19.50 19.83........................................... 59¢
19.84 20.16........................................... 60¢
20.17 20.49........................................... 61¢
Up thru 18.49............................................ 55¢
18.50 ‑ 18.83............................................ 56¢
18.84 ‑ 19.16............................................ 57¢
19.17 ‑ 19.49............................................ 58¢
19.50 ‑ 19.83............................................ 59¢
19.84 ‑ 20.16............................................ 60¢
20.17 ‑ 20.49............................................ 61¢
20.50 ‑ 20.83............................................ 62¢
20.84 ‑ 21.16............................................ 63¢
21.17 ‑ 21.49............................................ 64¢
21.50 ‑ 21.83............................................ 65¢
21,84‑ 22.16............................................ 60¢
22.17 ‑ 22.49............................................ 67¢
22.50 ‑ 22.83............................................ 68¢
22.84 ‑ 23.16............................................ 69¢
23.17 ‑ 23.49............................................ 70¢
23.50 ‑ 23.83............................................ 71¢
23.84 ‑ 24.16............................................ 72¢
24.17 ‑ 24.49 ....................... ................... 73¢
24.50 ‑ 24,83, 1 ......................................................................... 74¢
24.84 ‑ 25.16 ........................ .................. 75¢
25.17 ‑ 25.49 ........................ .................. 76¢
25.50 ‑ 25.83 ........................ .................. 77¢
NOTE: In the case of a classification, the rate
for which is determined by a wage rule in the Local Wage Agreement relating the
rate for the classification to the rate for another classification or
classifications, the above table will determine the rate for the classification
where there is a conflict with such wage rule.
Effective September 15,
199720,1993, in addition to the wage increase set forth in Table I
above, but after application of said increase, each employee in a skilled
trades job classification which qualifies for journeyman/woman status under the
provisions of Paragraph
(178) of this Agreement shall receive a tool allowance adjustment wage
increase of thirty (30¢) twenty five (25¢), per
hour added to the base rate, except each employee in a
"Skilled" Apprentice job classification shall receive that wage
increase, if any, which is applicable in accordance with the provisions of the
Apprentice Rate Schedule set forth in Paragraph
(151) of the Agreement.
The wage increase
provided above shall be paid retroactively for all hours worked on and after
September 20, 1993, provided, however, that for
purpose of applying Exhibits A, B, D, & E,
attached
hereto, and letter‑
agreements with respect thereto, the wage rate of an employee shall not be
increased by such wage increase prior to the effective date of this Agreement.
[See Par. (101)(c),
(101)(g)]
[See CSA #16]
EXPLANATION:
This paragraph provides
that effective September 15, 1997 and September 14, 1998, base hourly wage
rates for all classifications are increased 3% per the chart.
Employees in Skilled
Trades classifications that qualify for journeyman/woman status under Paragraph
(178) will receive a 30 cents tool allowance adjustment that will be folded
into their base rate after the 3% GWI on September 15, 1997.
In reference to, the
incentive pay calculations, see the Incentive Wage Administration Manual.
(101)(d) Cost
of Living Allowance. Each
employee hired on or before the effective date of covered by this
Agreement shall receive a Cost of Living Allowance in accordance with the
provisions of Paragraphs
(101)(g) and (101)(h).
Employees hired or rehired after the effective
date of the Agreement shall receive‑the
Cost of Living Allowance amount effective during the three‑month period
in which they are hired until their base rate adjustment. Effective with that
adjustment and concurrent each subsequent base rate adjustment. employees shall
have their Cost of Living Allowance amount changed‑to the then current
Cost of Allowance payable as specified in Paragraph
(101)(h),
It is agreed that only
the Cost of Living Allowance will be subject to reduction so that, if a
sufficient decline in the cost of living occurs, employees will immediately
enjoy a better standard of living.
[See Par. (98),
(101)(e)]
[See Doc.
87]
EXPLANATION:
The effect of the change in this paragraph is
that employees hired or rehired after the effective date of this agreement and
covered under Paragraph
(98) will have their COLA adjustments delayed. It also creates a situation
where an employee hired during a later three month period is temporarily paid more
COLA than an employee hired in an earlier period.
This situation was
contemplated and discussed by the Union and Management; this example
illustrates the effect.
(101)(f) The Cost of
Living Allowance
will be determined in accordance with changes in
the
official Consumer Price Index for Urban Wage
Earners
and Clerical Workers (revised, CPI‑W)
(United States
City Average) published by the Bureau of Labor
Statistics, (1967‑100)‑. For
the nine adjustments
beginning in December 1996 and continuing
through
December 1998, the BLS's CPI‑W (1967=100.)
reference base will be used in such calculation,
Thereafter. beginning with the March 1999
adjustment,
the BLS's CPI‑W (1993‑1995=100)
reference base will
be used to determine the Cost of Living
Allowance
[See
Doc. 87]
EXPLANATION:
This paragraph was changed to reflect that
beginning March 1999, the reference base for COLA adjustments will be changed
to the BLS's CPI‑W (1993‑1995=100). This change will not affect the
amount of COLA received.
(101)(g) Effective with the date
of this
Agreement but after the application of the
wage increase provided in Paragraph (101)(a), $1.031.34
shall be deducted from the $1.081.39 Cost
of Living
Allowance in effect immediately prior to that
date and
$1.031.34 shall be added to the base wage rates
(minimum, intermediary and maximum) for each day
work classification in effect on that date, for
pay
calculation purposes. Thereafter, during the
period of
this Agreement, adjustments in the Cost of
Living
Allowance shall be made at the following times:
Effective
Date Based Upon Three
of
Adjustment: Month Average of
the
Consumer Price
Index
For:
December
2,1996, August, September, October,
1993....................... 19961993
First pay period............... November,
December,
beginning
on or after: 19961993 and January, 19971994
March
1, 19971994 and at and at three‑calendar
three‑calendar
month month intervals
intervals
thereafter thereafter to February,
to
June 1, 19991996 March, April, 19991996
In determining the three‑month
average of the indexes for a specified period, the computed average shall be
rounded to the nearest 0.1 Index Point.
In no event will a
decline in the three‑month average Consumer Price Index below 457.9421.7
provide the basis for a reduction in the wage scale by job classification.
[See Par. (101)(d),
(101)(e),
(101)(h)
]
[See Par. (101)(j),
(101)(k),
(190)
]
[See
CSA #10]
EXPLANATION:
This paragraph was
changed to provide for the transfer of $1.03 from the Cost‑Of‑Living
Allowance to the base rates of each Non‑Skilled and Skilled Trades
classification.
Quarterly adjustments in
the Cost‑Of‑Living Allowance are continued as in the previous
agreement.
In reference to the
incentive pay calculations, see the Incentive Wage Administration Manual.
(101)(h) The amount of
the Cost of Living Allowance shall be five cents (50) per hour effective with
the effective date of this Agreement and ending December 1, 19965,1993.
Effective December 2, 1996, 6, 1993 and for any period thereafter
as provided in Paragraphs (101)(d)
and (101)(g),
the Cost of Living Allowance shall be in accordance with the following table:
Three ‑ Month Average Cost of
Living
Consumer Price Index Allowance
422.1 422.2............................. 2¢
per‑ hour
422.3 422.5 ............................ 3¢
per‑ hour
422.6 422.8 ............................ 4¢
per‑ hour
422.9 423.0 ............................ 5¢
per‑ hour
423.1 423.3 ............................ 6¢
per‑ hour
429.4 423.5 ............................ 7¢
per‑ hour
423.6 423.8 ............................ 8¢
per‑ hour
423.9 424.1 ............................ 9¢
per- hour
457.9 or less................................ None
458.0 ‑ 458.1.............................. 1¢
per- hour
458.2 ‑ 458.4.............................. 2¢
per- hour
458.5 ‑ 458.6 ............................. 3¢
per- hour
458.7 ‑ 458.9 ............................. 4¢
per- hour
459.0 ‑ 459.2 ............................. 5¢
per- hour
459.3 ‑ 459.4 ............................. 6¢
per- hour
459.5 ‑ 459.7 ............................. 7¢ per- hour
459.8 ‑ 459.9 ............................. 8¢
per- hour
460.0 ‑ 460.2 ............................. 9¢
per- hour
And so forth with 1¢
adjustment for each 0.26
change in the Average Index and will be
calculated in
accordance with the Letter of Understanding
signed by
the parties continuing through the adjustment
effective
in December 1998. Thereafter, beginning with the
adjustment effective in March 1999, and
beginning with the first next 1¢ that may become payable, the above table will
be changed to reflect a conversion in CPI‑W
reference bases, from 1967=100 to 1993‑1995=100,
and
modified to provide that 1¢ adjustments in the
Cost of
Living Allowance shall become payable for each
0.06
change in the Average Index, as calculated in
accordance with the Letter of Understanding
signed by
the parties.
For the three‑month
period each adjustment during the two three month periods beginning
on December 2, 1996 and ending on March 2, 19976,1993, and March 7,
1994, in which the Cost of Living shall be required according to the above
table, the amount of increase so required each three month period
shall be reduced by two cents (2¢)four cents (4¢), or by the
amount of the increase, whichever is less.
For each adjustment during the seven three month
periods beginning on June 6, 1994, and ending on
March 3, 1996, in which an increase in the Cost
of Living Allowance shall be required according to the above table, the amount
of the increase so required each three month period shall be reduced by two
(2¢), or by the amount of the increase, whichever is less.
However, there shall be no reduction as provided
herein in any three‑month period in which the Cost of Living Allowance
required by the table is equal to or less than the amount of the Cost of Living
Allowance provided by the table in the preceding three‑month period.
For each adjustment during the two three month
periods beginning on March 4, 1996, and June 3, 1996, in which an increase in
the Cost of Living Allowance shall be required according to the above table,
the amount of increase so required each three month period will not be reduced.
Following the adjustment for the three‑month
period beginning June 7‑ 19993, 1996, the amount sum
reduced during the eleven periods shall be subtracted from
the Cost of Living Allowance table and the table shall be adjusted so that the
actual Three ‑ Month Average Consumer Price Index equates to the
allowance payable during the period beginning June 7, 19993, 1996.
[See Par.
(101)(e)]
[See Doc.
87]
EXPLANATION:
The chart has been
adjusted to reflect the $1.03 from the COLA transferred to the base wage rates
pursuant to Paragraph
(101)(g).
There will be a
diversion of 2 cents in December, 1996 and full COLA adjustments will resume in
March 1997.
The current COLA formula
of a 1 cent adjustment for each 0.26 change in the CPI‑W (1967=100) will
apply to the nine (9) adjustments beginning December 1996 through December
1998.
Beginning March 1999,
COLA adjustments will be based on a 0.06 change in the CPI‑W (1993‑95=100).
(108) In compensable injury
and legal
occupational
disease cases, sick leave will be granted
automatically
and seniority will accumulate for the full
period
of legal temporary disability. Temporary
employees
disabled by compensable injury or legal
occupational
disease shall be given credit for the period
of
such disability toward acquiring seniority. An
employee
who has sustained a legal compensable injury
or
disease and has accrued three (3) or more years of
seniority
at the commencement of such injury or
disease
shall be automatically granted a compensable
leave
for the full period the employee is not working
due
to the compensable injury and is receiving
Worker's
Compensation Benefits under a State or
Federal
Worker's Compensation Law, The employee
will
continue to accrue seniority for the full period of
such
leave.
An
employee who has sustained a legal compensable
injury
or disease with less than three (3) years of
seniority
at the commencement of such injury or
disease
shall be granted a compensable leave for the full
period
the employee is not working due to the
compensable
injury and is receiving Worker's
Compensation
Benefits under a State or Federal
Worker's
Compensation Law. The employee will
continue
to accrue seniority for the full period of
temporary
disability. In the event that such disability of
an
employee with less than three (3) years of seniority
is
determined to be permanent by the appropriate State
or
Federal authority, the Corporation shall have the
right
to convert the status of such employee to a
Paragraph
(106) Leave as of the date of such
Determination.
In the event of such conversion,
Management
will send written notification of the
employee's
change in status to the affected employee's
last
known address as shown on the company records,
A
copy of such letter will be furnished promptly to the
Chairperson
of the Shop Committee, However, failure
through
oversight to send this letter to such employees
will
not be a basis for any claim.
Temporary
employees disabled by a compensable
injury
shall be given credit for the period of such legal
temporary
disability toward acquiring seniority.
[See Par. (57),
(72),
(106),
(107),
(111)]
[See Par. (137)(c)(1),
(195)]
[See App. B,
C,
D]
EXPLANATION:
This paragraph was
changed to ensure that if an employee, with seniority of three years or more,
sustains a compensable injury or legal occupational disease, they will
automatically be granted a compensable disability leave for the full period the
employee is not at work due to the sustained injury and as long as the employee
is receiving Worker's Compensation Benefits under a State or Federal Worker's
Compensation Law. The employee will continue to accrue seniority for the full
period of the leave.
Employees with less than
three years will also be granted a compensable disability leave for the full
period the employee is not working due to a sustained compensable injury and is
receiving Worker's Compensation Benefits under a State or Federal Worker's
Compensation Law. The employee will also accrue seniority for the full period
of the temporary disability. However, at the time the employee's injury is
deemed permanent by the appropriate State or Federal authority, the Corporation
shall convert the leave to a
Paragraph (106) leave and seniority for these employees shall begin to be
broken on a time‑for‑time basis as provided for in Paragraph
(64)(e) starting with the date of such conversion. Notice of the status
conversion will be provided to the employee and the Chairperson of the Shop
Committee.
Apprenticeship
Eligibility Requirements
(130)
Management
will review its apprentice training needs and will post on the bulletin boards
a list of apprentice openings. In order to be eligible for consideration for
apprenticeship, all applicants must meet the requirements for apprentice
training as established in the GM‑UAW Standard Apprentice Plan, including
age, education, and other tests, such as aptitude tests. To
satisfy the education requirement, the applicant must be a high school
graduate, or have an equivalent education such as the high school equivalency
test or other methods that may be agreed upon by the GM‑UAW Skilled
Trades and Apprentice Committee, or meet the alternative requirements set forth
in the GM‑UAW Standard Apprentice Plan. The new employee applicant must
be at least age between the ages of 18 and 44 years, both
inclusive (or otherwise consistent with applicable State and Federal
laws).
[See Doc.
63]
EXPLANATION
Due to a change in
Federal Law, effective May 10, 1996, upper age limits for apprenticeship
applicants are no longer enforceable. Retroactive adjustments to activities
preceding that date are not necessary. A joint notification was sent to each plant
and local union prior to the effective date of the law change. (See also
Paragraph
131, National Agreement
explanation.)
(131) Notwithstanding other provisions of this
Agreement, any seniority employee in that plant other than those classified as
apprentices may file an application for an opening in the apprentice program;
provided, however, that where there is evidence that the filing of such
applications by journeymen/women is in apprenticeable classifications
having similar apprentice training schedules is for other than promotional
purposes or inconsistent with skilled trades staffing objectives, such
application shall be subject to review and decision by the Local Apprentice
Committee. An apprentice with seniority who is scheduled to be removed from an
apprenticeable classification in a reduction in force may apply for an
apprentice opening in a related skilled classification.
If such applicants meet
all of the requirements for apprentice training as established in the GM‑UAW
Standard Apprentice Plan their applications will be considered for the
apprentice program (consistent with applicable state and federal laws). and
they shall be considered as satisfying the age requirement for apprentice
training if they have net reached their 45th birthday. When the
qualifications of employee applicants are equal, the employee‑applicant
with the longest seniority will be given preference. Seniority employees may
file‑an application for an opening in the apprentice program in another
General Motors plant where they will be considered as non‑seniority
applicants.
[See Doc.
63]
EXPLANATION:
Consistent with current interpretation and administration,
journeymen/women employees who file applications for apprenticeships in other
trades will be considered for such openings if it is consistent with plant
staffing objectives (i.e., excess journeypersons in their respective trade
available for immediate backfill). Reduced seniority apprentices will be
considered for apprentice openings in other trades if there is no likelihood
for recall to their original trade. (See also Paragraph
(130), National Agreement explanation.)
(138) Apprentices removed
from the noninterchangeable occupational group to which they are assigned due
to a reduction in force or inability to satisfactorily perform the shop and/or
related training requirements shall be retained at work, seniority
permitting, as follows laid off except that:
[See Par.
(139)]
[See Doc.
66]
(a) Apprentices with seniority who
were hired directly into an apprentice classification who apply in writing
prior to leaving the plant on layoff will be placed on other available work
in accordance with Paragraph
(59).
(b) Apprentices with
seniority who have been transferred from a job in the plant to an apprentice
classification, who apply in writing prior to leaving the plant on layoff,
will be returned to the group from which they were so transferred, or
otherwise placed according to the Local Seniority Agreement provisions.
[See Par.
(136)]
(c) Failing to have
sufficient seniority to be placed on other work, as provided above, apprentices
will be laid off.
[See Par.
(113a)]
EXPLANATION:
Consistent with a joint message sent to the local parties
on May 24, 1996 to clarify the current application of these provisions, the
language was changed to reflect clearly that apprentices with seniority are to
be assigned to non‑skilled trades openings should there be a reduction in
force or an inability to perform the shop or related training requirements.
Thereafter, they may be placed on layoff or Protected Employee status dependent
upon the circumstances.
(139)
Apprentices
who have been removed from an apprentice non‑interchangeable occupational
group due to a reduction in force pursuant to Paragraph
(138) above, will be recalled to such group in line with their seniority in
such group.
EXPLANATION:
The language was changed
in this paragraph to clarify that only apprentices removed from the program due
to a reduction in force are subject to recall when filling subsequent
apprentice openings in their respective trade.
Apprentice Wage Rates
(151)
Effective with the effective date of this agreement, the straight time hourly
wage rates (exclusive of Cost‑of‑Living Allowance and shift
premium) for apprentices in the bargaining unit shall be the rates set forth in
the following Apprentice Rate Schedule:
Apprentice Hourly
Training Period Rate*
1st
916 Hours $18.51 17.48
2nd
916 Hours $18.63 17.60
3rd
916 Hours $18.63 plus 9% of "Rate Difference"
4th
916 Hours $18.63 plus 20% of "Rate Difference"
5th
916 Hours $18.63 plus 33% of "Rate Difference"
6th
916 Hours $18.63 plus 48% of "Rate Difference"
7th
916 Hours $18.63 plus 66% of "Rate Difference"
8th
916 Hours $18.63 plus 86% of "Rate Difference"
*The "Rate
Difference" shall be determined by subtracting the sum of $.20 and the
Hourly Rate for the 2nd 916 Hours from the maximum rate established in the
Local Wage Agreement for the journeyman/woman classification for which the
apprentice is in training. Resultant rates shall be rounded to the nearest 1
cent.
Notwithstanding the
foregoing provisions, seniority employees transferred to apprentice training,
including seniority GM employees transferred from other UAW‑GM locations,
shall be transferred at their current rate or the rate of $20.03 19.00
per hour, whichever is lower, provided, however, that in no event will their
1st Period Rate be lower than a rate of ten cents (100) over the 1st Period
Hourly Rate set forth above. Upon their completion of that 1st Period, they
shall be paid a rate of $18.96 17.93 or their first period rate,
whichever is higher, and if retained, shall be paid such rate until they
qualify for a higher rate in accordance with the Apprentice Rate Schedule.
Upon graduation,
apprentices will receive an increase, if retained, to the midpoint of the rate
range for the skilled classification to which they are assigned.
The above Apprentice Rate Schedule automatically
provides for all increases in straight time hourly wage fates which are
effective on the effective date of this Agreement. Straight time hourly wage
rates for individual apprentices shall be determined only in accordance with
the provisions of this Paragraph
(151).
The rates will be
adjusted by the amount of and at the same time as the general increase and the
thirty cents (30¢) tool allowance in 1997 and the general increase in 1998,
[See Par. (99),
(132),
(137)(d),
(181a)]
[See
CSA #25]
EXPLANATION:
The language in this
paragraph was changed to include fold‑in of COLA as provided for in Paragraph
(101)(g). In addition, a seniority employee transferred into the program
will initially receive the rate of $20.03 or their current rate, whichever is lower.
They will remain at that rate until the employee qualifies for a higher rate
under the Apprentice Rate Schedule. This increase reduces the number of
employees for whom acceptance into the Apprentice Program would entail a
reduction in base pay rate.
The last paragraph
simply means that the Apprentice Wage Table will be updated in 1997 and 1998
due to the general increases and the Tool Allowance Adjustment. As was the case
in prior agreements which included a special skilled trades increase, the Tool
Allowance Adjustment is not added to the first period rate. Instead,
apprentices receive a "portion" of the Tool Allowance Adjustment by
virtue of the computation of the "rate differences".
Wage Rates of
"Employees‑in‑Training"
[See App.
I]
(163) Where the minimum rate
of the skilled trades classification to which an employee‑in‑training
(E.I.T.) is transferred is not more than 10¢ above the rate an employee is
earning, the employee will be advanced to such minimum rate upon transfer.
Where there is more than a 10¢ differential, the employee will be advanced 10¢
over the rate the employee has been earning, or to a rate of $18.9717.94
per hour until September 15, 1997, $19.54 per hour until September 14, 1998,
and $20.13 per hour thereafter, whichever rate is higher at the time, and
shall be stepped up not less than 10¢ each 60 days, if retained, until the
employee reaches the minimum rate of the classification. Any odd cents less
than 10¢ will be added to the last 10¢ increase in order to bring the
employee up to the minimum rate of the classification. In no event will the
rate paid an employee‑in‑training (E.I.T.) at time of transfer
exceed the minimum rate of the skilled trades classification to which an
employee is transferred, except as provided in Paragraph
(165). Any increase above the minimum rate shall be on the basis of merit,
but in no event will such an employee receive a rate above the midpoint of the
rate range for the employee's job classification.
[See Par. (164),
(165),
(180)(c)]
EXPLANATION:
The wage rate was adjusted to reflect the $1.03
transferred in 1996 pursuant to Paragraph
(101)(g) and the 3% GWI's in 1997 and 1998 pursuant to Paragraph
(101)(a).
(164) An employee hired as an
employee‑in-training (E.I.T.) shall receive a
rate of not less than $18.9717.94 per hour until September 14,
1997, $19.54 per hour until September 14, 1998, and $20.13 per hour thereafter,
and if retained, the employee's rate shall be increased not less than 10¢ per
hour each 60 days until the employee reaches the minimum rate of the skilled
trades classification to which the employee is assigned. Any increase above the
minimum shall be on the basis of merit, but in no event will such an employee
receive a rate above the midpoint of the rate range for the employee's job
classification.
[See Par. (163),
(180)(c)]
EXPLANATION:
The wage rate was adjusted to reflect the $1.03
transferred in 1996 pursuant to Paragraph (101)(g)
and the 3% GWI's in 1997 and 1998 pursuant to Paragraph (101)(a).
Related Training ‑
E.I.T.
[See
App. I]
(180)(a) Related training
schedules totaling approximately 275350 hours will be
provided for each classification in which there are currently employees
classified as employees‑in‑training (E.I.T.) or employees‑in‑training‑seniority
(E.I.T.S.). Exceptions up to a maximum of 375450 hours for
employee‑in-training programs may be jointly recommended by the
Chairperson of the Shop Committee and local plant management subject to
approval by the GM‑UAW Skilled Trades and Apprentice Committee. Local
Shift Preference Agreements must have sufficient flexibility to permit such employees
to complete the related training courses in which they are currently enrolled.
[See Par. (75),
(180)(b)]
EXPLANATION:
The language of this
paragraph was changed to reflect that the required related training hours for
EIT's/EITS' are increased by 75 hours, as are the number of hours beyond those
minimally required that may be requested by the local parties.
(187) Employees shall become
eligible for vacation entitlement as hereinafter defined, provided they have at
least one year's seniority as of December 31 of the eligibility year and have
worked during at least 13 pay periods during the eligibility year.
Without modifying or
adding to any other provision of the Vacation Entitlement Section, an employee
who has seniority but has not acquired one year's seniority as of December 31
shall nevertheless become eligible for a percentage of 40 hours of vacation pay
entitlement pursuant to Paragraphs (192)
and (193b).
EXPLANATION:
The language of this paragraph was changed to accurately
reflect the practice which allows employees with seniority of less than one
year to take up to 40 hours vacation time off work.
(191) An eligible employee who has worked at least 26
pay periods in the eligibility year shall be entitled to the following vacation
entitlement:
For an Eligible Hours of
Employee With Vacation
Entitlement
Seniority of
Less than one year
40
One but less than three
80
years….
Three but less than five 100
years….
Five but less than 10 120
years….
Ten but less than fifteen 140
years….
Fifteen but less than 160
twenty years.
Twenty or more 200
years….
EXPLANATION:
The language of this
paragraph was added to accurately reflect the practice which allows employees
with seniority of less than one year to take vacation time off work. The
language now clearly spells out that employees with less than one year are
entitled to 40 hours of vacation entitlement.
(195) Employees who retire or are retired under the
provisions of the General Motors Hourly Rate Employees Pension Plan shall
receive prorated vacation entitlement up to the vacation entitlement
to which the employee's seniority would have entitled them on December 31 of
the current year as follows:
·
in
accordance with Paragraph (192)
if provided the employee has worked at least 13 pay periods in
the eligibility year in which they retire or
·
one
twenty‑sixth (1/26) of the vacation entitlement provided for in Paragraph
(191)
for each pay period worked within the eligibility year if they have worked less
than 13 pay periods in the eligibility year in which they retire.
EXPLANATION:
The language of this paragraph was changed to allow an
employee who is retiring to gain additional vacation entitlement. For example,
assume an employee retires in what would have been their 20th year of
seniority. The new language prorates the employee's vacation entitlement based
on what their seniority would have entitled them to had they worked until
December 31st of the current year. Their vacation entitlement eligibility now
would then be calculated on a basis of 200 hours rather than 160 hours.
(202a) During each year of
this Agreement,
the Corporation has
designated the following days to be included in an Independence Week Shutdown
period:
19941997
Tuesday,
July 5 ‑ Independence
Week
Monday,
June 30 Shutdown
Day
Wednesday,
July 6 ‑ Independence
Week
Tuesday,
July 1 Shutdown
Day
Thursday,
July 7 ‑ Independence
Week
Wednesday
July 2 Shutdown
Day
Friday,
July 8 ‑ Independence
Week
Thursday,
July
3 Shutdown Day
19951998
Monday,
July
3 June
29 ‑ Independence
Week
Shutdown
Day
Wednesday,
July 5 ‑ Independence
Week
Tuesday,
June 30 Shutdown
Day
Thursday,
July 6 ‑ Independence
Week
Wednesday,
July 1 Shutdown
Day
Friday,
July 7 ‑ Independence
Week
Thursday,
July
2 Shutdown Day
19961999
Monday,
July 1 ‑ Independence
Week
Tuesday,
July 6 Shutdown
Day
Tuesday,
July 2 ‑ Independence
Week
Wednesday,
July 7 Shutdown
Day
Wednesday,
July 3 ‑ Independence
Week
Thursday,
July 8 Shutdown
Day
Friday,
July 59 ‑ Independence
Week
Shutdown
Day
EXPLANATION:
This
paragraph is self‑explanatory.
HOLIDAY PAY
(203)
Employees
shall be paid for specified holidays and the holidays in each of the Christmas
holiday periods as provided hereinafter:
1st Year
November
25, 1993 28, 1996 Thanksgiving
November
26, 1993 29, 1996 Day after Thanksgiving
December
24, 1993 23, 1996)
December
27, 1993 24, 1996)
December
28, 1993 25, 1996) Christmas
December
29, 1993 26, 1996) Holiday
December
30, 1993 21, 1996) Period
December
31, 1993
December
31, 1996)
January
1, 1997
January
17, 1994 20, 1997, Martin Luther King, Jr. Day
April
1, 1994
March 28, 1997 Good Friday
April
4, 1994
March 31, 1997 Day After Easter
May 30,1994 26, 1997 Memorial Day
(or one other such holiday of greater local
importance which must be designated in advance by mutual agreement locally in
writing),
July
4, 1994 1997 Independence Day
September
5, 1994 1, 1997 Labor Day
2nd Year
November
24, 1994 27, 1997 Thanksgiving
November
25, 1994 28, 1997 Day after Thanksgiving
December
26, 1994 24,_1997)
December
27, 1994 25, 1997) Christmas
December
28, 1994 26, 1997) Holiday
December
29, 1994 1997) Period
December
30, 1994 1997)
December
31, 1997)
January
1, 1998
January
2, 1995 1998
January
16, 1995 19, 1998, Martin Luther King, Jr. Day
April
14, 1995 10, 1998 Good Friday
April
17, 1995 13, 1998 Day After Easter
May
29,1995 25, 1998 Memorial Day
May
30, 1995 Tuesday after Memorial Day
(or
two other days which
must
be designated in advance
by
mutual agreement locally in
writing),
(or one other such holiday of greater local
importance which must be designated in advance
by
mutual agreement locally in writing),
July
4, 1995 3, 1998 Independence Day
September
4, 1995 7, 1998 Labor Day
3rd Year
November
13, 1998 (Veterans Day Observed)
November
23, 1995 26, 1998 Thanksgiving
November
24, 1995 27, 1998 Day after Thanksgiving
December
25, 1995 24, 1998)
December
26, 1995 25, 1998)
December
27, 1995 28, 1998) Christmas
December
28, 1995 22, 1998) Holiday
December
29, 1995 30, 1998) Period
December
31, 1998)
January
1, 1996 1999
January
15, 1996 18, 1999, Martin Luther King, Jr. Day
April
5, 1996 2, 1999 Good Friday
April
8, 1996 5, 1999 Day After Easter
May
27,1996 31, 1999 Memorial Day
May
28, 1996 Day after Memorial Day
(or two other days which
must be designated in advance
by mutual agreement locally in
writing), (or one other such holiday of greater local
importance which must be designated in advance by mutual agreement locally in
writing),
July
4, 1996 5, 1999 Independence Day
September
2, 1996 6, 1999 Labor Day
providing they meet all of the following
eligibility rules unless otherwise provided herein:
[See Par. (86),
(187),
(205a)]
[See Doc. 50,
94]
(1) The employee has
seniority as of the date of each specified holiday and as of each of the
holidays in each of the Christmas holiday periods, and
(2) The employee
would otherwise have been scheduled to work on such day if it had not been
observed as a holiday, and
(3) The employee
must have worked the last scheduled work day prior to and the next scheduled
work day after each specified holiday within the
employee's scheduled
work week. For each Christmas holiday period, the employee must have worked the
last scheduled work day prior to each holiday period and the next scheduled
work day after each holiday period.
Each of the designated
days in the Christmas holiday period shall be a holiday for purposes of this
Holiday Pay Section.
[See Doc.
80]
EXPLANATION:
1st Year
The Agreement provides 8
Christmas Holidays and a total of 16 Holidays the first year of the Agreement.
2nd Year
The Agreement provides 8
Christmas Holidays and a total of 16 Holidays the 2nd year of the Agreement.
The Tuesday after Memorial Day was eliminated.
3rd Year
The provisions of the
Agreement in the 3rd year provides 7 Christmas Holidays and a new Holiday, Veterans
Day, to be observed on November 13, 1998 for a total of 16 Holidays. The
Tuesday after Memorial Day was eliminated as a Holiday.
The 1996 National
Agreement provides for a total of 48 paid Holidays.
(203c) In order for employees
to have maximum time off during the Christmas Holiday Period, employees will
only be scheduled for work on the following days, which are not paid holidays
under this Agreement, on a voluntary basis, except in emergency situations:
Saturday, December 25, 1993 21, 1996
Sunday, December 26, 1993 22, 1996
Saturday, January 1, 1994 December 28,
1996
Sunday, January 2, 1994 December 29,
1996
Saturday, December 24, 1994 27, 1997
Sunday, December 25, 1994 28, 1997
Saturday, December 31, 1994 January 3,
1998
Sunday, January 1, 1995 4, 1998
Saturday, December 23, 1995 26, 1998
Sunday, December 24, 1995 27, 1998
Saturday, December 30, 1995 January 2,
1999
Sunday, December 31, 1995 January
3,1999
Employees shall not be disqualified for holiday
pay if they do not accept work on such days. This does not apply to employees
on necessary continuous seven‑day operations.
EXPLANATION:
This
paragraph was updated to reflect changes in the calendar.
(208)
Seniority
employees who have been laid off in a reduction of force (except as provided
below), or who have gone on sick leave, or on leave of absence for military service, or
on a Leave for Family and Medical Reasons, during the work week prior to or
during the week in which the holiday falls, shall receive pay for such holiday.
Seniority employees who
work in the fourth work week prior to the week in which the Christmas Holiday
Period begins, and who are laid off in a reduction in force during that week,
or seniority employees who are laid off in a reduction in force during the
first, second or third work week prior to or during the work week in which the
Christmas Holiday Period begins, shall, if otherwise eligible, receive pay for
each of the holidays in the Christmas Holiday Period providing such employees
worked the last scheduled work day prior to such layoff.
Seniority employees who
work in the fifth, sixth, or seventh work week prior to the week in which the
Christmas Holiday Period begins, and who are laid off in a reduction in force
during that week, shall, if otherwise eligible, receive pay for one‑half
of the holidays falling during such Christmas Holiday Period providing such
employees worked the last scheduled work day prior to such layoff.
[See Par.
(209)]
EXPLANATION:
The language in this
paragraph was added to ensure that employees who take a leave for family and
medical reasons (ref. Family Medical Leave Act, FMLA) receive holiday pay when
the leave occurs during the work week prior to or during the week in which the
holiday falls.
(218) Employees with
seniority in any General Motors plant who are summoned and report for jury duty
(including coroner's juries), as prescribed by applicable law, or who report
for pre‑jury duty examination required by the court or administrative
governmental agency, shall be paid by the Corporation an amount equal to the
difference between the amount of wages including night shift premium) they
otherwise would have earned by working during straight‑time hours for the
Corporation on that day and the daily jury duty fee paid by the court or agency
(not including travel allowances or reimbursement of expenses), for the day on
which they report for pre‑jury duty examination, and for each day on
which they report for or performs jury duty and on which they otherwise would
have been scheduled to work for the Corporation.
Employees with an established shift starting
time on or
after 7:00 p.m. and on or before 4:45 a.m. will
excused from work on either their shift
immediately
preceding the jury service, or their shift
immediately
following the completion of the jury service, at
the
option of the employee. Such employee must
notify
their immediate supervisor of their election
prior to
being absent from work.
In order to receive
payment, employees must give local Management prior notice that they have been
directed to report for pre‑jury duty examination or have been summoned
for jury duty and must furnish satisfactory evidence that they reported for
such examination or reported for or performed jury duty on the days for which
they claim such payment. The provisions of this Paragraph
(218) are not applicable to employees who, without being summoned,
volunteer for jury duty‑
[See Par. (87)(6),
(101)(i),
(137)(c)(l)
]
[See Par. (187),
(210)
]
[See App. B,
C
]
EXPLANATION:
The language in this
paragraph was added to allow employees on the midnight shift to take the shift
off immediately preceding jury service or the shift off immediately following
completion of jury service.
The added language only
applies to seniority employees with an established shift starting time on or
after 7:00 p.m. and on or before 4:45 a.m.
Example:
A seniority employee
with an established shift starting time of 11:00 p.m. is summoned for Jury Duty
and is to report for such duty on Tuesday at 8:00 a.m. In this case, the
employee may elect to be excused from work on Tuesday (11:00 p.m. Monday night
established shift start time) or Wednesday (11:00 p.m. Tuesday night
established shift start time).
Employees must give
prior notification to their immediate supervisor of their election.
(218a)
Employees
with one or more years' seniority in any General Motors plant who are
called to and perform short‑term active duty of thirty (30) days or less,
including annual active duty for training, as a member of the United States
Armed Forces Reserve or National Guard, shall be paid as provided below for
days spent performing such duty provided they would not otherwise be on layoff
or leave of absence.
A payment will be made
for each day, except for a day for which they receive holiday pay, which they
would otherwise have worked equal to the amount by which their straight time
rate of pay as of their last day worked plus applicable night shift premium
(but not including overtime) for not more than eight (8) hours, exceeds their
military earnings for that day including all allowances except for rations,
subsistence and travel. Except for short term active duty of thirty (30) days
or less performed by employees called to active service in the National Guard
by state or federal authorities in case of public emergency, payment is limited
to a maximum of fifteen (15) working days in a calendar year.
In order to receive
payment under this Paragraph (218a), employees must give local Management prior
notice of such military duty and, upon their return to work, furnish Management
with a statement of the military pay received for performing such duty.
[See Par. (87)(6),
(101)(i),
(112(a)
)
[See Par. (137)(c)(1),
(187)
]
[See App.
C ]
EXPLANATION:
The language in this
paragraph was changed to ensure that employees with seniority in any General
Motors plant who perform short‑term active duty for training as a member
of the U.S. Armed Forces Reserve or National Guard, shall be eligible for
military pay pursuant to the provisions of Paragraph
(218a). Prior language required employees to have one or more years of
seniority for eligibility.
(218b)
When
death occurs in an employee's immediate family as defined below, and the
employee has seniority in any General Motors plant, the employee, on request,
will be excused for any of the first three (3) normally scheduled working days or
the first five (5) normally
scheduled working days in the case of the death of an employee's current spouse
or child (excluding
Saturdays, Sundays and holidays) immediately following the date of death
provided the employee attends the funeral. The immediate family for purposes of
this Paragraph (218b) is defined as including the employee's:
Spouse'
Parent
Step‑Parent
Grandparent
Great Grandparent
Child
Step‑Child
Grandchild
Brother
Step‑Brother
Half‑Brother
Sister
Step‑Sister
Half‑Sister
Current Spouse's Parent
Current Spouse's Step‑Parent
Current Spouse's Grandparent
Current Spouse's Great Grandparent
In the event a member of
the employee's immediate family as above defined dies while in the active
service of the Armed Forces of the United States, the employee may, should the
funeral be delayed, have the excused absence from work delayed until the period
of three normally scheduled working days or five (5) normally scheduled
working days in the case of the death of an employee's current spouse or child which
includes the date of the funeral. In the event
the body of a member of the employee's immediate family as above defined is not
buried in continental North America solely because the cause of death has
physically destroyed the body or the body is donated to an accredited North
American hospital or medical center for research purposes, the requirement that
the employee attend the funeral will be waived. In the case of an employee who
is granted a leave of absence due to the illness of an immediate family member,
as above defined, and such family member dies within the first seven (7)
calendar days of the leave, the requirement that the employee otherwise be
scheduled to work will be waived.
Employees excused from
work under this Paragraph (218b) shall, after making written application,
receive the amount of wages they would have earned by working during straight
time hours on such scheduled days of work for which they are excused (excluding
Saturdays, Sundays and holidays, or, in the case of employees working in
necessary continuous seven‑day operations, the sixth and seventh work
days of the employee's scheduled working week and holidays).
[See Par. (87)(6),
(101)(i),
(137)(c)(1)
]
[See App. B,
C
]
[See Doc.
93]
EXPLANATION:
This language was
rewritten to reflect a change of excused bereavement days from 3 to 5. This
language includes the
seniority employee's current spouse, child, or stepchild. Other deaths covered
by the provisions of Paragraph
(218B) remain at 3 days bereavement.
APPENDIX
A
MEMORANDUM OF UNDERSTANDING
EMPLOYEE PLACEMENT
It
is recognized that the hiring of new employees in one location while there is a
surplus of seniority employees in other locations is not in the best interest
of the parties. Therefore, the parties will provide eligible seniority laid‑off,
Protected and active seniority employees an opportunity to relocate to UAW‑GM
facilities outside of their area, with particular emphasis on placing employees
from closed or idled facilities. For the purposes of this Memorandum,
seniority refers to longest unbroken GM seniority,
When
employed, such employees will acquire seniority in the plant where hired in
accordance with Paragraphs (56)
and (57)
of the National Agreement.
In
the event of a permanent opening at a GM facility, the following placement
procedure is to be utilized:
1. Plant
Recall
2. Plant
Rehire
3. Area
Hire
a. Combined seniority
list of seniority employees on indefinite layoff; volume Protected
employees, active employees from plants that have excess employees and
return to former community applicants.
b. Volunteers will be
placed in seniority order.
c. In the event of
insufficient volunteers, the employee with the least seniority on the Area Hire
List (except active and non‑volume Protected employees) will be
offered the job.
EXPLANATION
:
A number of additions or changes to the Appendix
A language were made in order to clarify the intent.
EXPLANATION:
The composition of the Area Hire List was
modified significantly. Included on the Area Hire List in longest unbroken GM
seniority order are:
-
Employees
on indefinite layoff
-
Protected
employees (volume and non‑volume)
-
Active
employees at plants that have excess employees
-
Return
to former community applicants
If there are insufficient volunteers for a job
opening, the lowest seniority employees on the Area Hire List excluding active
and non‑volume Protected employee's will be made the job offer.
4. Closed
Plants
a. Volunteers from the
Nationwide Preference Extended Area Hire List.
b. Volunteers will be
placed in seniority order.
5. GIS
Eligible
a. Volunteers will be
placed in seniority order.
b. In the event of
insufficient volunteers, the employee with the least seniority will be offered
the job.
6. Extended
Area Hire
a. Volunteers from the
Nationwide Preference Extended Area Hire List (including active
employees).
b. Volunteers will be
placed in seniority order.
7. Non‑volume
Protected employees within the Area Hire, unless either party identifies a
compelling reason not to do so.
a. Volunteers
will be placed in seniority order.
a.b.In the event of
insufficient volunteers, tThe employee with the least seniority at
location(s) mutually agreed to by the National Parties will be offered the job.
In
administering the Placement Procedure, items (1) through (7) above will be
applied sequentially.
Active
employees who volunteer and are placed in accordance with this Placement
Procedure must terminate seniority at their current location.
It
is understood that the National Parties may mutually agree from time to time to
other special provisions, including offering jobs to active or Protected
employees.
EXPLANATION:
All references to the
"Nationwide Preference List" were changed to the "Extended Area
Hire List".
EXPLANATION:
Step 7 of the Placement
Procedure now includes non‑volume Protected employees who do not volunteer
for openings within the Area Hire. Job offers will be made in inverse seniority
order.
EXPLANATION:
Active employees who
volunteer and are placed in accordance with the Placement Procedure must sign a
Voluntary Quit Slip at their current location.
It is further understood that the National Parties may
also mutually agree to deviate from the above order of selection in a
particular situation.
In
addition, the Union assured the Corporation of its willingness to implement Document
No. 118.
Any
complaints regarding the application of these provisions in any plant may be
taken up with Local Management of that plant by the local Shop Committee and if
not resolved may be reviewed by referred to the NAO Industrial
Relations Staff and the International Union for resolution; however, the
above provisions shall not be the basis for any claims for back wages or any
form of retroactive adjustments.
It
is understood that if an employee whose problem is referred to the NAO
Industrial Relations Staff and the International Union is adjudged by the
National Parties to be entitled to an adjustment, the employee will be offered
an available opening as soon as possible, but in any event within two weeks of
such decision. If no such opening develops, hi or she will be offered the
opportunity to displace a lesser seniority employee, seniority permitting, at
the plant where the problem occurred.
I. AREA
HIRE PLACEMENT (Formerly
Appendix A and Document No. 2 1)
A. An Area Hire Area is
comprised of all plants within a 50 mile radius of a given plant or larger
as may be agreed upon by the National Parties.
B. Employees on the Area
Hire List include: seniority employees on indefinite layoff, volume
Protected
employees, active employees from plants that
have excess employees and return to the former community applicants.
C. Laid off and
Protected Such employees and return to former community
applicants will be given the opportunity to designate from among those
plants
EXPLANATION
:
Changed to include
volume and non‑volume Protected employees and active employees on the
Area Hire List.
within their Area Hire Area which plants, if
any, they volunteer to accept an offer of employment, should future job
openings occur. An employee will be allowed to change the plants so designated
any time prior to a bona fide job offer.
D. In the event that
higher seniority employees are placed on layoff, employees with the least
seniority who would have otherwise been laid off will be placed on the Area
Hire List. Such employees placed on the Area Hire List will be advised of this
fact and be given the opportunity to designate plants within the Area Hire
Area.
E. Volunteers will be
offered the available jobs in seniority order. In the event there are
insufficient volunteers, the employee with the least seniority on the Area Hire
List (except active and non‑volume Protected employees) will be
offered the job.
F. Employees who
refuse any job offer within, the Area Hire Area will be placed on a formal
leave of absence without Corporate‑paid benefits with recall only to a
job in the regular active workforce.
G. When selecting
employees the longest unbroken GM seniority date established for each
employee for vacation under Paragraph (190) of the National Agreement will
be used for non‑skilled trades job offers. For skilled trades job
offers, the longest unbroken seniority date in the skilled trades
classification will be used. In the event that two or more employees have
the same longest unbroken seniority date, the employee's entire social security
number in ascending order will be used as the tie breaker.
EXPLANATION
:
When there are insufficient volunteers for an
Area Hire job opening, job offers will be made in inverse seniority order from
the Area Hire List excluding active and non‑volume Protected employees.
EXPLANATION:
Employees are made job offers by their longest
unbroken GM seniority date. Some employees (those returning from Saturn or
Security) may have greater seniority dates for benefit or vacation purposes.
However, longest unbroken GM seniority date is used for placement purposes.
The employee's social security number is used as
the tie breaker when one or more employees have the same longest unbroken
seniority date.
H. Skilled trades
journeymen/women laid off from a plant and working in a non skilled trades
classification will have their name placed on the area hire list and will
remain eligible for area hire in the same or a related skilled trades
classification.
I. It is further
understood that each plant would review local procedures for implementing the
provisions of Area Hire and Extended Area Hire Placement and that during these
reviews particular attention would be directed toward insuring that forms for
applying for Area Hire and Extended Area Hire Placement are made available to
all seniority employees at the time they are laid off in a reduction in force
and that the forms are designed to provide applicants with evidence that they
have applied.
II. EXTENDED
AREA HIRE PLACEMENT (Formerly Document No. 28)
A. Seniority Llaid
off, Protected and active employees will be given the opportunity to indicate
their interest in working at another GM location outside their Area Hire Area.
A form developed for this purpose (Nationwide Preference List) will be
made available to employees.
B. In applying the
provisions of Extended Area Hire Placement, the National Parties will continue
to utilize the Nationwide Preference List.
Employees continue to be eligible for Extended
Area Hire placement as long as they retain unbroken GM seniority,
C. The offer of an
available job will be made in seniority order from volunteers on the Extended
Area Hire Nationwide Preference List.
D. If an opening occurs
for which an active employee is eligible, the active employee will be given the
opportunity to fill the opening only if there is a seniority laid off employee
within the Area Hire Area to replace the active employee, if required.
E. Employees who have
filed an Extended Area Hire a Nationwide Preference
Application will receive three (3) offers for placement to one of the plants
they have selected. If employees do not take advantage of any of these offers,
their Extended Area Hire Nationwide Preference Application will
be canceled. Such employees may later be eligible to refile a Nationwide
Preference
an Extended
Area Hire
Application only
in the
event their status changes at their present location. they become
active employees through recall or placed under other provisions of this
Memorandum.
F. Employees will be
eligible for relocation as described in the Relocation Section (Section III) of
this Memorandum of Understanding Employee Placement and in Paragraph
(96a) of the National Agreement.
G. Employees who are
placed in accordance with the Extended Area Hire Placement provisions of the
National Agreement and who accept the Basic Relocation Option specified in Paragraph
(96a) of the National Agreement may not be subject to recall or rehire at
any General Motors plants, for a period of six (6) months or until permanently
laid off under conditions which establish there is no reasonable likelihood of
recall, whichever occurs first. It is understood that the six month period may
be modified or extended by mutual
EXPLANATION:
Three offers for placement will be made to our
members who have filed an Extended Area Hire Application. If our members do not
accept one of the three offers, their Extended Area Hire Application will be
canceled. Only in the event of a change in status at their present location
will they later be eligible to refile.
agreement between the Corporation and the
International Union, UAW.
At the end of such period, employees who would
otherwise have been recalled or rehired to a former location(s) may either
remain at the current plant or return to such previous location. If an employee
returns, the local parties may make adjustments necessary to insure that the
employee is neither advantaged nor disadvantaged by the above provisions. Local
Managements have ninety (90) days following the date an employee elects to
return to accomplish such adjustments.
H. Employees will be
given a reasonable amount of time to relocate to another plant.
H. Employees will be
eligible for Extended Area Hire opportunities when their name appears on the
Area Hire List.
I. Employees who are
placed in accordance with Appendix A and accept the Enhanced Relocation
Allowance will not be eligible to initiate another Extended Area Hire placement
for a period of 18 months unless the employee's status changes to laid off or
Protected or otherwise agreed to by the National Parties,
I. Employees will be
considered eligible for Extended Area Hire Placement until their plant
seniority is broken.
III. RELOCATION
A. Any employees who
are employed and relocate in accordance with the
above procedure Appendix A will be eligible to receive a
relocation allowance and relocation services as specified in
EXPLANATION :
This
sentence is self‑explanatory.
EXPLANATION:
Our members who move under
the Enhanced Relocation Package will not be able to initiate another out of
area move for a period of 18 months unless our member is laid off or placed on
Protected status. The National Parties may agree to move our members before the
end of 18 months.
EXPLANATION:
Our members must relocate to be eligible for the
relocation allowance as detailed in Paragraph (96a)(1)
through (6).
Paragraphs (96a)
(1),
(2),
(3),
(4),
(5),
and (6)
of the National Agreement.
B. Employees who
return to their former community pursuant to the Return to Former Community
Procedure will be eligible for a basic relocation allowance.
IV. PHYSICALS
A. When physicals are
conducted on Area Hire or Extended Area Hire Applicants, the criteria used is
the same as that used for a Fit for Duty exam when an employee of that
plant is undergoing a reinstatement physical examination incident to
return to work from a sick leave.
B. In medical
disputes, the National Parties may refer the employee for an impartial medical
opinion.
V. RETURN
TO FORMER COMMUNITY
(Formerly Document No. 14)
The following methods and procedures detail the
circumstances under which eligible employees hired pursuant to Extended Area
Hire and/or the GIS Program and who apply will be offered the opportunity
to return to their former community.
A. Eligible employees
are those seniority employees on roll at a plant who have been relocated to
that plant from a plant outside the Area Hire in accordance with Extended
Area Hire and/or the GIS Program Appendix
A and worked there six (6) months and who still retain seniority at a
plant in the former community. or more and completed the conditions for
employment set forth in the Extended Area Hire letter mutually agreed to for
such plant and who are employed more than 50 miles distance from the plant from
which they were laid
EXPLANATION
:
Changed to coordinate
with the ADAPT (Accommodating DisAbled People in Transition) process.
EXPLANATION:
This
paragraph is self‑explanatory.
off or outside the Area Hire Area. in cases
where Area Hire Areas have been modified by the National Parties to extend beyond 50 miles.
B. Eligible employees
will be given the opportunity to file an application to return to their former
community. Such employees may apply at the personnel office of the plant at
which they are employed and will be provided a copy of their application.
Employees may have only one return to former
community application on file at any given time. Once employees return to a
former community under the provisions of this document, they are no longer
eligible to return to any other community until such time as they are laid off
or relocate in accordance with the Extended Area Hire Placement Procedure Appendix
A.
C. Eligible employees
who have applied to return to their former community shall have their names
placed on the Area Hire list for the plants within the community to which they
have applied.
D. At the time of receiving
an offer to return to a plant in a former community, employees who have filed a
Return to Former Community Application, may elect to receive a payment of $5,000
$6.000 to remain at their current plant.
As a result of receiving this payment, the
employees will terminate seniority and return rights at all other GM facilities
in their former community and therefore no longer be eligible for Return
To Former Community consideration.
E. Employees returning to a
plant in their former community will acquire seniority in accordance with the
Application of
EXPLANATION:
The payment to remain at the current location
was increased to $6,000, when the employee receives an offer to Return to
Former Community.
Corporate Seniority Section (Section VI) of this
Memorandum.
F. Should employees
return to their former community under the provisions of this Section, their
seniority will be terminated pursuant to the provisions of Paragraph
(64)(d) at the plant from which they are leaving, effective with the date
to report to the new plant.
F. It is recognized that
the plant from which the eligible employee is released must do so in a manner
consistent with the maintenance of quality and efficiency.
Accordingly, no eligible employee will be
released until a fully trained replacement is available. Consistent with these
principles, it is recognized that the rate at which employees are released may
vary due to the types of jobs held by such employees, the availability of
replacement personnel, product or new model launch, the releasing plant's
staffing requirements or other business reasons. In all cases, management will
endeavor to release employees as quickly as possible.
VI. APPLICATION
OF CORPORATE
SENIORITY
(Formerly Appendix D‑ 1)
A. Employees who are
moved to a secondary plant in accordance with this Memorandum, while retaining
unbroken seniority in their base plant, shall establish seniority in such
secondary plant as follows:
1. Employees with
seniority dates of January 7, 1985 or earlier will establish an adjusted plant
seniority date of January 7, 1985.
2. When two (2) or
more employees establish the same plant seniority date pursuant to Paragraph
(1)
above, the date established for each employee
for vacation under Paragraph
(190) of the National Agreement will be used to determine seniority
preference among such employees.
3. Employees with
seniority dates subsequent to January 7, 1985 will establish that subsequent
date as their plant seniority date.
4. Joumeymen/women or
E.I.T.S. employees with unbroken Skilled Trades seniority dates or dates of
entry of January 7, 1985 or before, who are employed in the same or related
Skilled Trades Classification, will establish a date of entry of January 7,
1985 in that classification.
5. When two or more
journeymen/women or E.I.T.S. employees establish the same date of entry in the
same classification and plant pursuant to Paragraph (4) above, each employee's
longest unbroken seniority in that classification in any General Motors plant
covered by the Agreement, will be used to determine seniority preference among
such employees for all purposes applicable to that classification.
6. Journeymen/women or
E.I.T.S. employees with unbroken skilled trades seniority dates or dates of
entry subsequent to January 7, 1985 who are employed in the same or a related
skilled trades classification, will establish that subsequent date as their
date of entry in that classification.
Joumeymen/women or E.I.T.S. employees who are
employed in non‑skilled classifications and later reclassified to the
same or related Skilled Trades Classification, will establish a date of entry
as though originally employed in that classification in accordance with (4) or
(6) above, whichever is applicable.
B. Journeymen/women or
E.I.T.S. employees reclassified to related Skilled Trades Classifications in
their same plant will establish a date of entry in accordance with (7) above,
or applicable Local Seniority Agreement provisions, whichever is earlier.
C. The above
provisions are not applicable to laid off apprentices who are employed in the
apprentice program in another plant.
VII. VACATION
REPLACEMENTS AND OTHER EMPLOYEES HIRED FOR TEMPORARY WORK (Formerly Appendix D‑2)
Employees who are on layoff from any GMUAW
plant who retain unbroken seniority in any such plant on the date they are
hired as a vacation replacement or for other temporary work in any other plant
covered by the National Agreement, or a new employee who does not have
seniority in any General Motors plant who is hired for such work shall be
employed in accordance with the following:
A. An employee may be
hired as a vacation replacement or to fill other job openings of a temporary
nature.
B. Vacation
replacements may be employed under the provisions of this Memorandum commencing
the second Monday in May each year and ending no later than 120 days
thereafter. The
utilization of vacation replacements and other
employees hired for temporary work shall be discussed in advance with the local
JOBS Committee. Requests for vacation replacements and other employees hired
for temporary work shall be made in writing to the National Parties for mutual
approval.
C. In the event of
permanent job openings which involve the relocation of employees, the National
Parties may agree to hire temporary employees under the provisions of this
Section to enable plants to operate effectively while permanent seniority
employees are being identified or relocated at the new location.
D. Time worked by a
vacation replacement or other temporary employee who is hired pursuant to this
Memorandum will not be included in the computation for acquiring seniority
pursuant to Paragraph
(57) and Appendix
D.
E. Such time worked by
a laid off seniority employee will not be considered in the calculation for
breaking seniority and exhausting rehire rights at a former plant pursuant to Paragraph
(64e).
F. The provisions of
the Application of Corporate Seniority (Section VI) of this Memorandum are not
applicable to employees hired pursuant to this Section VII.
G. An employee with
seniority hired at a secondary plant for vacation replacement or other
temporary work will remain eligible for permanent job, openings in accordance
with the provisions of Area Hire Placement (Section I) and Extended Area Hire
Placement (Section II) of this Memorandum.
H. All other provisions
of the National Agreement and its Exhibits shall apply to employees hired
pursuant to this Memorandum.
I. This procedure
does not apply to permanent job openings.
J. The National
Parties are authorized to make modifications and adjustments as necessary.
VIII. TEMPORARY
OPENINGS ‑ PARAGRAPH
(64)(e) (Formerly Document No.
16)
A. Laid off employees
working at permanent jobs in other General Motors plants, whose seniority would
entitle them to be recalled to former locations to fill openings considered at
the time to be temporary, will not be recalled or rehired under such
circumstances.
B. Furthermore, if
laid off employees working at permanent jobs with outside employers or
participating in the UAW- GM Dislocated Worker Program are recalled to their
former locations to fill openings considered at the time to be temporary, those
individuals who desire to be bypassed under the provisions of this Section
should notify the appropriate General Motors employment office.
C. In this regard,
solely for the purposes of calculating the periods relative to breaking
seniority and exhausting rehire rights at the former plant pursuant to Paragraph
(64)(e), such employees in Sections (A) and (B) above shall be considered
as having accepted recall to their former plant on the date such work became
available and returned to layoff status at such time as the period of temporary
work is completed.
IX. TRAINING
In order to ensure consistent administration of
Area Hire and/or Extended Area Hire, training materials will be developed and a
joint meeting will be held of those people responsible for the administration
of these provisions. Costs for the training will be covered by joint funds upon
approval of the Executive Board‑Joint Activities. Topics to be discussed,
but not limited to, are:
-
Changes
in the Area Hire provisions and related matters as a result of 1993 1996
Negotiations.
-
Review
of existing procedures and provisions.
-
ADAPT
(Accommodating DisAbled People in Transition).
EXPLANATION:
The ADAPT process will be included in the joint
training session.
INDEX OF EMPLOYEE PLACEMENT LANGUAGE
IN 1993 NATIONAL AGREEMENT
|
1993 NATIONAL AGREEMENT
|
1990 NATIONAL AGREEMENT
|
|
APPENDIX A
MEMORANDUM OF
UNDERSTANDING
EMPLOYEE PLACEMENT
|
VARIOUS APPENDICES AND
DOCUMENTS AS LISTED BELOW
|
|
INTRODUCTION
Placement
Procedure
|
PLACEMENT PROCEDURE FOR
PERMANENT JOB OPENINGS
|
|
SECTION
I
Area Hire
Placement
|
DOCUMENT 21
|
|
SECTION
II
Extended
Area Hire Placement
|
DOCUMENT 28
|
|
SECTION
III
Relocation
|
DOCUMENT 21 and DOCUMENT 28
|
|
SECTION
IV
Physicals
|
DOCUMENT 21
|
|
SECTION
V
Return to
Former Community
|
DOCUMENT 14
|
|
SECTION
VI
Application
of Corporate Seniority
|
APPENDIX D‑1
|
|
SECTION
VII
Vacation
Replacements and
Other
Employees Hired for
Temporary
Work
|
APPENDIX D‑2
|
|
SECTION
VIII
Temporary
Openings‑
Paragraph
(64)(e)
|
DOCUMENT 16
|
|
SECTION
IX
Training
|
DOCUMENT 81
|
APPENDIX
F
GENERAL MOTORS
CORPORATION
October 24, 1993
Mr. Richard Shoemaker Stephen P.
Yokich Vice President and Director
General Motors Department
International Union, UAW
8000 East Jefferson Avenue
Detroit, Michigan 48214
Dear Mr. Shoemaker Yokich:
It is the policy of the General Motors
Corporation to perform maintenance work with its own employees, provided it has
the labor, skills, equipment and facilities to do so and can do the work
competitively in quality, cost and performance and within the projected time
limits. At times the Corporation does not deem advisable doing the work,
itself, and it must, as in the past, reserve to itself the right to decide
whether it will do any particular work or let the work to outside contractors.
This letter is not to be regarded as impairing that right in any way.
The Corporation hereby assures the Union that it
has no plans to change its policy and that it expects to continue its general
operating policy of placing primary reliance on its own skilled trades
employees to perform maintenance work to the extent consistent with sound
business practice, as in the past.
In this regard, we have seen the use of joint Management
and Union work schedule and business opportunity planning teams work
very successfully in many of our locations. This approach has not only enhanced
job security, but has allowed a better understanding as to the competitive
challenges facing the parties. As such, each location is encouraged to
establish a skilled trades business subcontracting
planning team involving both Management and Union
representation who will review forecasted
work
schedules, including projects and jobs which may be
subject to subcontracting, in order to work jointly to
develop the most efficient approach to the work
to be
performed.
The Corporation is genuinely interested in
maintaining maximum employment opportunities for its skilled trades employees
consistent with the needs of the Corporation. Therefore, in making these
determinations, the Corporation intends always to keep the interests of General
Motors personnel in mind.
Very truly yours,
Gerald A. Knechtel
Vice President
[See
Par. (42a),
(l83)(a)‑(e)
]
[See
App. F1
‑ F2
]
[See
Doc. 58,
59]
EXPLANATION
:
The new language changes the name of the local joint teams
and clarifies the functions they are to perform in determining the most
competitive means of getting the work done including projects.
APPENDIX
F‑1
GENERAL MOTORS
CORPORATION
September 14,1979
Mr.
Richard Shoemaker
Vice
President and Director
General
Motors Department
International
Union‑ UAW
8000
East Jefferson Avenue
Detroit‑
Michigan 48214
Dear
Mr. Shoemaker
International
Union, UAW
Solidarity
House
8000
East Jefferson Avenue
Detroit,
Michigan 48214
Attention: Mr.
Irving Bluestone
Vice
President
General
Motors Department
Gentlemen:
During the 1979 negotiations the Union discussed
with the Corporation serious problems affecting the job security of employees
resulting from contracting out of work.
During the course of negotiations, the Union
complained that in certain instances the work force in maintenance and tool and
die trades particularly was reduced through attrition and then work was
contracted out to the point where there was insufficient manpower available
within the plant to perform the work; that in certain instances EIT's were
reduced to production jobs and work in their trades which they historically
performed and which they were capable of performing was subsequently contracted
out for extended periods without recalling the EIT's to the skilled trades jobs
from which they had been reduced; and that in certain
instances skilled trades employees were
permanently laid off and new work which they had historically performed was
contracted out for extended periods, instead of recalling these employees to
their jobs. Similar complaints were made relative to work in the Corporation's
engineering departments. In certain instances, the Union alleged that work
historically performed in the Parts Division had been contracted out accounting
in part for the reduction in the number of employees in that division.
The essential elements in the complaints
registered by the Union went to the question of job security.
During the 1996 National Negotiations, the
parties
reviewed the competitive advantage of General
Motors
talented skilled trades workforce. Discussed
were the
Union's concerns for the integrity of the
apprenticeable
trades, the job security of the skilled trades
workforce, the content of skilled trades work assignments and the status of
work functions historically performed by the bargaining unit.
At times it is not practicable for the
Corporation to do the work itself, and it must, as in the past, reserve the
right to decide whether it will do particular maintenance, tool and die and
engineering skilled trades work, or contract it out. The Union recognizes that
in making such decisions the Corporation must consider among other things, the
efficiencies and economies involved, the need for specialized tools and
equipment, special skills and the necessity of meeting production schedules,
model change and plant rearrangement deadlines.
In our discussions we agreed that employees'
jobs should not be eliminated by reason of a practice of contracting out, and
we agreed that existing employment opportunities of seniority employees should
not be unnecessarily reduced by reason of management contracting out work. The
Corporation, moreover, states that it is its policy to fully utilize its
seniority employees, under circumstances in which it is reasonable and
practicable to do so, in the performance of work which they have historically
performed to produce its product and perform its services.
While GM intends to provide this opportunity to
its skilled trades workforce, the parties agreed that
prolonged schedules involving substantial
overtime
were not in the best interest of employees or
the
Corporation and, as a result, GM must consider
the
availability of its skilled workforce when
scheduling
potential overtime, The parties are expected to
work
out acceptable means by which Management will
have
reliable information as to the hours employees
will work when planning such work schedules.
Accordingly, the Corporation states that it will
make a reasonable effort to avoid contracting out work which adversely affects
the job security of its employees and that it will utilize various training
programs available to it, whenever practicable, to maintain employment
opportunities for its employees consistent with the needs of the Corporation.
Very truly yours,
Gerald A. Knechtel
George B. Morris
Vice President
[See
Par. (42a),
(l83)(a)‑(e)
]
[See
App. F1
‑ F2
]
[See Doc. 58,
59]
EXPLANATION:
The language changes of this paragraph address
the competitive concerns of both parties. In this regard, the local parties
must be provided with reliable information as to the availability of our
skilled trades workforce for potential overtime assignments on project‑type
work. This information should be provided well in advance.
APPENDIX
K
MEMORANDUM OF
UNDERSTANDING JOB
SECURITY (JOBS) PROGRAM
As an outgrowth of these negotiations the The Corporation and the
Union expressed a mutual Commitment that are committed to enhancing
the job security of General Motors employees. receive a full measure of
job security, and mutual recognition The
Parties also recognize that this measure
of such job security can only be realized within a work
environment which promotes operational
effectiveness, continuous improvement and competitiveness.
Accordingly, The willingness of
the parties have agreed to reach these understandings has led to the
creation of the this JOBS Program, through which the Corporation and the
Union jointly intend to enhance job security and operational effectiveness and
have pledged to work together, consistent with this Program and other
provisions of the National Agreement to enhance the Corporation's competitive
position.
The
cornerstone of the JOBS Program is a commitment that: No employee with one
or more years of seniority, except as otherwise provided in Section II,
Paragraph (O) (1) (5), will be laid off during the term of this Agreement for
any reason, other than these specified, that would cause employment at a
bargaining unit to fall below pre‑determined secured
employment levels (SEL’s) and protection against indefinite layoff
for eligible employees as expressly provided herein.
I. SCOPE OF THE PROGRAM ‑ The
Corporation
and
the Union agree that:
(A) The secured
employment levels (SEL’s)
(i.e.. numbers of eligible employees or
positions covered by this Program as
EXPLANATION
:
Appendix K requires a new "snapshot"
of the workforce to be taken as of November 17, 1996. The SEL number will
include the same employees as the Baseline SEL
plus any employees with less than one year of
seniority who had attained SEL protection under the 1993 National Agreement as
a result of filling an open SEL position created by attrition.
defined herein) that are initially
shall be established on as of the Effective Date of the
Agreement at each bargaining unit for skilled and non‑skilled employees will
be continued. The transfer of an employee between a skilled and nonskilled
group will cause the SEL for the
group receiving the employee to increase and the
other group from which the movement occurred to decrease unless the movement
occurred to satisfy the SEL, in which case the SEL will remain the same in each
group.
SEL groups. as established in
Attachment
C, will be the total of the
SELs for each Unit in the Group. The
Corporate‑wide SEL will equal the total of
all Unit SELs Corporation-wide.
(B) Each SEL
eligible active employee on
the effective date of the Agreement will be
covered by this JOBS Program. A
SEL eligible employee not in the active
workforce on the effective date of the
Agreement will be protected by this
JOBS Program upon return to work.
The term active employee will include
an employee at work as well as Baseline
Secured Employment Levels for Units, SEL
Groups and the Corporate‑wide
shall be equal to the number of active
employees with one or more years
seniority at work and on roll in the Unit,
Group or Corporate‑wide on the Effective
Date. Such active employees will be SEL eligible and include an employees
not at work who are is:
(1) on vacation,
(2) receiving
bereavement pay,
(3) on jury duty,
(4) on any leave of
absence of 90 days duration or less,
(5) on temporary
layoff, and
(6) any other
employee having a direct attachment to the active workforce.
EXPLANATION:
A number of plants have
been grouped together for SEL and Baseline SEL calculation purposes and are
listed in Attachment C.
An eligible employee not at work for one of the
reasons described above will occupy the SEL position created for such employee
upon return to work.
(C) No employee
will be laid off for any reason, other than described in I(D),
if such layoff would cause the number of active employees in the unit to fall
below the then current SEL or otherwise result in the layoff of one or more
SEL eligible employees.
(D) Paragraph I(C)
notwithstanding, an employee protected from layoff by the SEL may be laid off
for any of the following reasons:
(1) volume
related declines
attributable
to market related
conditions
as described in
Document
No. 10, JOBS Program-
Volume
Related Layoffs ‑ SEL,
not to
exceed 36 weeks (inclusive
of vacation
shutdown weeks) over
the life of
the Agreement;
(2) acts of God
or other such reasons
beyond the
control of the
Corporation;
(3) the sale of a
part of the
Corporation's
operations as an
ongoing
business;
(4) the layoff of
an employee recalled
or
reassigned to fill an opening
known in
advance to be temporary;
or
(5) model change
or plant
rearrangement
until the employee
otherwise
would have been
recalled.
An employee impacted by any of the above reasons
is, if otherwise eligible, covered by the appropriate Supplemental Agreements
which are attached to the National Agreement as Exhibits.
(E) The number of
employees protected by this JOBS Program will be the equivalent of the
employees within the SEL who would otherwise have been laid off as a result of
any event other than those described in Paragraph I(D).
II. JOB SECURITY
AND OPERATIONAL EFFECTIVENESS ‑ In recognition of the fact that job
security can only result from joint efforts to improve operational
effectiveness, the Corporation and the Union agree that:
(A) For a period
commencing with the Effective Date of this Memorandum of Understanding and for
the life of the current Agreement, no employee within the SEL will be laid off
as a result of any event other than those described in Paragraph
I(D).
(B) An employee
whose regular job is eliminated will be placed pursuant to the applicable
provisions of the National Agreement and Local Seniority Agreement.
(C) The number of
employees protected from layoff due to the JOBS Program will be that determined
in Paragraph
I(E). Each protected employee will be identified by application of the
Local Seniority Agreement provisions as if such job security were not provided.
(D)
(1) If,
on the SEL adjustment date
Following the last pay ending period of each month (SEL evaluation
date) the SEL and Baseline SEL shall be reviewed for each Unit and adjusted as
required consistent with the provisions of the Memorandum. The Group SEL shall
be compared with the Group Baseline SEL to determine attrition
EXPLANATION
:
The SEL adjustment date was changed to the SEL
evaluation date and will be the last pay‑ending period for each month. A
schedule of evaluation dates will be
published at a later date. The Group SEL will be
compared to the Group Baseline SEL. All Groups will be starting at 100%. The
ratio will be 1 for every 2 normal attritions.
replacement obligations. If it is determined that
the active employment level is less than the SEL number for reasons other than
the events excluded in Paragraph
I(D), a sufficient number of laid‑off employees will be recalled from
layoff, or from the Area Hire list if needed, in order to increase the active
workforce to the new SEL. If there is no available laid‑off employee, the
position will remain unfilled and will be available in the event of a layoff
due to a volume decrease described in I(D),
unless the National Committee directs that it be filled by a new hire.
(2) If on the adjustment
evaluation date the SEL number results in less than a whole number, the
Engineering Method of Rounding will be used to determine the SEL.
(E) If an event,
other than those described in I(D),
would otherwise cause the number of active employees in a unit to fall below
the then current SEL, the employees so protected, as provided for in I(C),
will be placed on Protected employee status. The Parties recognize that events,
other than those described in I(D),
may occur during the course of this Agreement that will cause the number of SEL
eligible employees to exceed the Corporation's production requirements. The
parties further recognize that the scope of this program requires flexibility
with regard to the assignment of such Protected employees and the selection of
employees for training. In this regard, the Local JOBS Committee (described in Section
III, below) will insure that assignments are made on a basis consistent with
the seniority provisions of the Collective Bargaining Agreement and Local
Seniority Agreement while meeting plant needs, minimizing work force disruption
and enhancing the personal growth and development of employees.
After a decision by the Local JOBS Committee a
Protected employee may be (1) placed in a training program, (2) used as a
replacement to facilitate the training of another employee, (3) placed in a job
opening at another GM plant provided there is no employee on layoff from that
plant with a seniority recall or Paragraph
64(e) rehire right or an Area Hire applicant who has not been offered a job
at that plant, (4) given a job assignment within or outside the bargaining unit
which may be non‑traditional, (5) placed in an existing opening or (6)
given other assignments consistent with the purposes of this Memorandum of
Understanding.
(F)
(1)
Notwithstanding the above, an
available Protected employee may be placed on
the Area Hire list by Management for selection to an available opening at
another location within the area. The number of such Protected employees made
available for placement cannot exceed the number of Protected employees who
have been laid off for the duration of the 36 week volumerelated layoff limit
(inclusive of vacation shutdown weeks). Protected employees will be made
available for Area Hire placement in inverse seniority order.
(2) A location
that has no one on layoff with a seniority recall or Paragraph
64(e) rehire right may fill a job opening with an available Protected
employee from another location within the Area Hire Area
pursuant to Paragraphs N (1) and (2), or an Area
Hire applicant who has not been offered a job in the Area Hire Area.
The SEL will be reduced by one at the plant from
which the employee is transferred and increased by one at the plant to which
the employee is transferred, unless the transfer satisfied the SEL, in which
case the SEL will remain the same at both plants.
An available Protected employee transferred
permanently to another location may remain at the secondary location until at
the employee's home location (1) there is an available opening in the regular
active workforce to which the employee is entitled, or (2) the employee is
recalled to Protected employee status, or (3) the employee is laid off from the
secondary plant, at which time the employee will return, seniority permitting,
to the active workforce.
(G) Efforts of the
local parties to improve operational effectiveness will be encouraged and
supported by the national parties including, as may be appropriate, approval of
requests to waive, modify or change the National Agreement.
(H) A Protected
employee will continue to receive their regular straight time hourly rate of
pay. In the event a Protected employee is assigned to another classification,
the employee will receive the rate of pay as provided by the Local Wage
Agreement.
(I) Protected
employees' assignments will be considered temporary and not subject
to provisions governing permanent filling of
vacancies or the application of
shift preference, except for assignments to fill
openings resulting from volume increases. Experience gained from these
temporary assignments will not be used to advantage such Protected employee
over other employees for selection to fill permanent vacancies, nor will the
Protected employee gain seniority under Paragraph
62 of the National Agreement from such assignments.
(J) An employee
replaced by a Protected employee will receive their regular straight time
hourly rate of pay, and will be returned to the same classification and job
assignment upon completion of the replaced employee's assignment. In the event
the employee has insufficient seniority to return to the formerly held
classification, the employee will be placed pursuant to the applicable
provisions of the Local Seniority Agreement.
(K) If an employee
would have been transferred pursuant to Paragraphs (63)(a)(1),
(63)(a)(2),
(63)(b)
or (153)
of the National Agreement or placed in an Apprentice program were it not for
participation in a training assignment provided by this program, the employee
will be transferred to this classification upon completion of the training
assignment. In the event the employee would have been selected for an E.I.T. or
Apprentice assignment the employee's date of entry will be adjusted as if the
employee's assignment had not been delayed.
(L) A replaced
employee returned to a job assignment under this Program will be credited with
all overtime hours the employee worked while out of the
equalization group, but not with the overtime
hours the employee would otherwise have worked in the group had the employee
not have been replaced by the Protected employee.
(M)
A
training assignment will be voluntary on the part of an employee being
replaced by a Protected employee, unless such
training is to develop or improve technical skills relevant to the
employee's current job assignment or anticipated
future job needs.
(N) No Protected
employee will be temporarily assigned to a job outside of the bargaining unit
except on a voluntary basis, subject to the direction of the National
Committee. Permanent transfers of Protected employees outside the bargaining
unit to other GM‑UAW represented plants within the Area Hire Area will be
handled as follows:
(1)
Management
may place a Protected employee's name on the Area Hire list. The number of
names so placed may not exceed the number of employees who have been laid off
for the duration of the 36 week volume‑related layoff limit (inclusive of
vacation shutdown). Protected employees will be made available for Area Hire
placement in inverse
seniority order. Thereafter, such
employees may be selected in seniority order to available jobs at other
locations. The seniority used by a skilled trades employee in administering
these provisions will be the employee's date of
entry or Journeyman/woman date.
(2) A Protected
employee who is transferred permanently out of the Area Hire Area in accordance
with this paragraph, or if so transferred later
accepts a recall or rehire at a former location, will be eligible to receive a
relocation allowance and other relocation services as provided in Paragraphs (96a)
(1),
(2),
(3),
(4),
(5)
and (6)
of the National Agreement. A Protected employee temporarily transferred out of
the Area Hire Area who does not change permanent residence as a result of the
transfer will receive reasonable transportation and living expenses for the
duration of the assignment. Any problems connected with the above may be raised
with the National Committee.
(O) (1) The
SEL will be increased by one
position for (1) an employee in the active
workforce, as defined by Paragraph
I(B) who had less than one ye
