UAW - GENERAL MOTORS AND DELPHI
NATIONAL AGREEMENTS
SEPTEMBER 28, 1999
(EFFECTIVE OCTOBER 18, 1999)
APPLICATIONS AND INTERPRETATIONS
RICHARD SHOEMAKER
VICE PRESIDENT AND DIRECTOR
UAW GENERAL MOTORS DEPARTMENT
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INDEX
Paragraph Nos. Description Page
PREFACE.................................................................................. 7
(4k) Check‑Off Dues......................................................................... 8
(6a) Discrimination............................................................................ 9
(22a) Committeeperson Rate and Transfer..................................... 10
(24a) Chairperson Reservoir Time................................................... 11
(46)(1) Skilled Trades.......................................................................... 12
(48)(2) Grievance Violation Continued................................................. 13
(57) Seniority................................................................................... 14
(63) Transfers................................................................................. 15
(69) Seniority................................................................................... 16
(76b) Disciplinary Layoffs and Discharge......................................... 18
(96a2) Relocation Allowance.............................................................. 19
(96a5) GMAC Relocation Services..................................................... 22
(96a6) Relocation Allowance Provisions............................................ 23
(98) Wage Rates re: New Employees............................................ 24
(101)(a)(1) Wage Rates re: General Increase........................................... 26
(101)(a)(2) Wage Rates re: Wage Increase.............................................. 28
(101)(c) Cost of Living Allowance.......................................................... 30
(101)(d) Cost of Living Allowance.......................................................... 31
(101)(f) Cost of Living Allowance.......................................................... 32
(101)(g) Cost of Living Allowance.......................................................... 33
(101)(h) Cost of Living Allowance.......................................................... 34
(101)(i) Cost of Living Allowance.......................................................... 36
(143) Skilled Trades re: Paragraph (143)......................................... 37
(151) Skilled Trades re: Apprentice Wage Rates............................. 38
(153) Skilled Trades re: (E.I.T.)......................................................... 40
(163) Wage Rates of "Employees‑in‑Training"................................. 41
(164) Skilled Trades re: (E.I.T.)......................................................... 42
(180)(a) Related Training ‑ (E.I.T.)........................................................ 43
Paragraph Nos. Description Page
(189) Vacation Entitlement Section .................................................. 44
(198) Vacation Entitlement................................................................ 45
(202a) Independence Week Shutdown............................................... 46
(203) Holiday Pay.............................................................................. 47
(203a) Christmas Holiday Period........................................................ 51
(203c) Christmas Holiday Period........................................................ 52
(218b) Bereavement........................................................................... 53
(223) Notice of Termination............................................................... 55
Appendix Description Page
F Maintenance Subcontracting................................................... 56
Memorandums
of Understanding Description Page
Voluntary Political Contributions ............................................. 58
Memorandum of Understanding ............................................. 61
Document Nos. Description Page
13 Plant Closing and Sale Moratorium......................................... 62
27 Memorandum of Understanding
Drug Testing................................................................... 64
31 Equal Application Committee
National and Local.......................................................... 66
32 GM Policy Regarding Employment of
Individuals with Disabilities............................................. 69
42 Paragraph 64(e) Extension...................................................... 71
44 Expeditious Grievance Handling
GM to UAW..................................................................... 72
45 Expeditious Grievance Handling
UAW to GM..................................................................... 74
46 Joint Program Representatives............................................... 76
60 Pre‑Apprentice Training........................................................... 80
63 Job Security ‑ Apprentice Training
and Journeyman/woman Development.......................... 81
77 Local Union Presidents ........................................................... 84
84 Weather Conditions and Riots ............................................... 86
Document Nos. Description Page
87 Cost of Living Calculation ....................................................... 90
112 Work Assignments ‑ Skilled Trades........................................ 92
131 Supplier Corporate Citizenship................................................ 94
134 Working on a Holiday/Vacation Entitlement............................. 96
Letters Description Page
New Check-Off of Union Membership Dues
Paragraph 4(s) Unpublished........................................ 97
New Commitment to Diversity......................................................... 98
New Disciplinary Layoffs and Discharges
Paragraph (76a)......................................................... 100
New Equal Application re: Temporary
Employees................................................................. 101
New Family and Medical Leave Act............................................... 102
New GMSPO re: Regional Interline Facilities
(RIF's) and Carrier Interline Facilities or
Carrier Interline Facilities (CIF's)............................... 104
New Grievance Procedure re: Full Disclosure.............................. 106
New Miscellaneous re: Deleting references to
Certain dates Unpublished........................................ 107
New Miscellaneous re: Independence Week
Shutdown................................................................... 108
New Miscellaneous re: Product Development
And Transformation................................................... 109
New Miscellaneous re: New Vehicle Purchase
Program re: Unpublished........................................... 111
New Miscellaneous re: New Vehicle Purchase
Program re: Unpublished........................................... 112
New Miscellaneous re: Independence Week
Shutdown ‑ Paragraph 202d(2)................................. 114
New Miscellaneous re: Vacation Entitlement................................. 116
New Neutrality Unpublished........................................................... 117
New Quality re: UAW Flag............................................................. 119
New Special Active Duty
Armed Forces Unpublished ...................................... 121
Letters Description Page
New Transfer Provisions............................................................... 129
Undercover Agents Unpublished........................................... 123
New Wages re: Payroll Related Matters........................................ 124
New Wage Progression re: Paragraph (98).................................. 125
New Wage Progression re: Paragraph (98)
Plant Vacation Shutdown Unpublished............................ 126
New WFG Powertruck Repair ...................................................... 127
New WorIdWide Facilities Group .................................................. 128
Excerpts from
The Minutes Description Page
New Grievance Procedure Subcommittee ................................... 130
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General Motors Corporation and the UAW recognize their respective responsibilities under federal, state, and local laws relating to fair employment practices
The Company and the
Union recognize the moral principles involved in the area of civil rights and
have reaffirmed in their Collective Bargaining Agreement their commitment not
to discriminate because of age. race, religion, color, sex,
religion, age, sex, or national origin,
disability or sexual orientation.
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EXPLANATION:
Prohibiting discrimination due to disability or sexual orientation was added to the preface of the agreement.
(4k) Check‑Off deductions under all properly executed
Authorizations for Check‑Off of Dues forms which have been delivered to
the respective Local Managements on or before the effective date of this
Agreement, shall begin with the first month of November, 1996.following
the effective date of this Agreement.
[See Doc. 18]
[See CSA #11]
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EXPLANATION:
The date was removed from this paragraph to eliminate the need to update it with each new National Agreement.
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 age,
race, color, sex, religion, age, sex, national origin, or
individuals with disabilities disability or sexual orientation as
required by appropriate state and federal law. Any claims of violation of this
policy, 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]
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EXPLANATION:
"Sexual orientation" was added to this paragraph and the provision was rearranged to be consistent with other sections of the Agreement.
(22a) Committeepersons shall establish a regular rate equal to their regular straight time hourly rate, as of the time they assumed their duties as Committeepersons.
This rate shall be adjusted in accordance with any adjustments made in the rate for the classification the Committeeperson then held.
When provisions of the Local Seniority Agreement entitle Committeepersons to return to their former groups on higher rated jobs, their rates will be adjusted in accordance with such provisions. Also Committeepersons are eligible for promotion to higher rated jobs in their District or Zone in accordance with Paragraphs (63)(a)(1), (63)(a)(2) or (63)(b) provided they are the most senior applicant and they are capable of doing the job.
[See Doc. 7]
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EXPLANATION:
This provision was expanded to allow Committeepersons to transfer to jobs in their district or zone in accordance with Paragraph (63)(a)(1), (63)(a)(2) or (63)(b) provided they are the highest seniority applicant and they are capable of doing the job.
(24a) Chairpersons of Shop Committees in
plants employing 500 or more employees will be permitted to leave the plant in
accordance with Paragraph (24) and will be paid their regular rates for up to
six (6) hours per day Monday through Friday while they are out of the plant in
the performance of legitimate representation functions during straight time
hours when they would otherwise be entitled to be in the plant for
representation purposes. They shall notify the designated Management
representative, if available, when leaving and returning to the plant during
working hours. Chairpersons of Shop Committees in plants employing less than
500 employees will be permitted to leave the plant in accordance with the above
and will be paid their regular rate for up to twelve twenty
(1220) hours per week, which will be a reservoir available at the
start of the week, to be drawn upon during the week Monday through Friday. Any
single period of absence must be for a minimum of two (2) hours or a
maximum of six (6) hours.
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EXPLANATION:
The amount of time available to Chairpersons of the Shop Committee in plants employing less than 500 people has been increased. Twenty (20) straight time hours per week will now be available to such Chairpersons when they are out of the plant performing legitimate representation functions. A single period of absence must be a minimum of two (2) hours or up to a maximum of six (6) hours.
(46)(1) In making a decision on a case alleging a violation of Paragraphs (183a), (183b), (183c), (183e), Appendix F‑1, or Appendix L, the Umpire can only provide a remedy where the Umpire finds that (1) a violation of the express commitments set forth in the
above paragraphs, Appendix F‑1, or Appendix L has been established, (2) the established violation resulted from the exercise of improper judgment by Management, (3) an E.I.T.S. or Journeyman/woman employee, who customarily would perform the work in question has been laid off or was allowed to remain on layoff as a direct and immediate result of work being subcontracted, or (4) in the case of Appendix L, an employee has been laid off or was allowed to remain on layoff as a result of work being outsourced, or not being brought in‑house. The Umpire's remedy shall be limited to back wages for the affected employees as defined in (3) and (4) of this paragraph, and in the case of Appendix L, the Umpire may rule that the affected employees will be recalled and/or placed on regular productive work and the work in dispute or equivalent replacement work be returned to General Motors.
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EXPLANATION:
The Umpire may now rule that disputed or equivalent replacement work be returned to General Motors as remedy for grievances charging Management with violations of Appendix L.
(48)(2) In cases based on a violation
which is continuing, if the circumstances of the case made it impossible for
the employee, or for the Union, as the case may be, to know that the employee,
or the Union, had grounds for such a claim prior to that date, the claim shall
be limited retroactively to a period thirtysixty days prior to
the date the claim was first filed in writing.
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EXPLANATION:
Paragraph (48)(2) has been modified to increase the claim limit on grievance liability from thirty (30) days to sixty (60) days.
(57) Employees may acquire seniority by working ninety days during a period of six continuous months in which event the employee's seniority will date back ninety days from the date seniority is acquired; provided, however, that employees rehired pursuant to Paragraph (64)(e) may acquire seniority by working thirty days during a period of six continuous months in which event the employee's seniority will date back thirty days from the date seniority is acquired. Employees rehired in accordance with (64)(e) will acquire seniority on their first day of work if rehired within twenty‑four month of the date they lost seniority.
Employees who are placed in permanent jobs at other GM facilities under the provisions of the Memorandum of Understanding Employee Placement will establish seniority at the secondary plant on the day they start at the secondary plant. Such employees will establish a plant seniority date in accordance with the Application of Corporate Seniority Section of Memorandum of Understanding Employee Placement.
[See Par. (73x),(107),(108),(135)]
[See Par. (l37)(b),(157),(l70)(a)‑(b)]
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EXPLANATION:
The new provision provides employees who are rehired under (64)(e) day one seniority if rehired within twenty-four (24) months of the date they lost seniority.
(63) The transferring of employees is solely the responsibility of Management subject to the following subparagraphs. The provisions of this paragraph shall be applied without discrimination because of race, religion, color, age, sex, disability, sexual orientation, 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. (6a)]
[See Par. (72)]
[See App. K Att.A]
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EXPLANATION:
This paragraph was changed to prohibit the Company from discriminating against our members because of their sexual orientation when applying for transfers under this paragraph.
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(69) Any employee who has been
transferred from a supervisory position to a job classification in the
bargaining unit shall be credited with the seniority as hereafterwhich
the employee had established prior to March 1, 1977, and all time worked
in the bargaining unit subsequent to March 1, 1977, except as provided in
Document 86, provided:
[See App. K,III(C)15]
[See Doc. 86]
(a) The employee previously worked on a job classification in the bargaining unit. This shall also be applied to employees who were promoted prior to certification of the Union.
(b) The employee's employment with the Corporation has remained unbroken.
The seniority of such employee returning to the bargaining unit will be established as provided below
1. All seniority established prior to March 1 1977
2. All time worked in the bargaining unit subsequent to March 1, 1977.
3. All time worked in a supervisory position subsequent to September 21, 1984 and prior to January 1, 2000.
4. All time worked in a temporary supervisory position that does not exceed 120 days in any calendar year subsequent to January 1, 2000.
Such employee may be placed on a job in accordance with the provisions of the local seniority agreement, beginning with the last previous job the employee held in the bargaining unit; provided however, that if such last previously held job is no longer in existence, the employee may be placed in accordance with Paragraph (59). In no event shall such employee be transferred to a bargaining unit job at a time when the employee has insufficient seniority to be so placed.
EXPLANATION:
Paragraph 69 was changed to allow for seniority slippage. Bargaining unit seniority for regular salaried supervisors will no longer accumulate after December 31, 1999. Seniority of such employees returning to the bargaining unit will be established as provided below:
1. All seniority established prior to March 1, 1977.
2. All time worked in the bargaining unit subsequent to March 1, 1977.
3. All time worked in a supervisory position subsequent to September 21,1984 and prior to January 1, 2000.
4. All time worked in a temporary supervisory position that does not exceed 120 days in any calendar year subsequent to January 1, 2000.
(76b)
Employees will be tendered a copy of any warning, reprimand, suspension or
disciplinary layoff entered on their personnel records, within three days of
the action taken. In imposing discipline on a current charge, Management will
not take into account any prior infractions, which occurred more than three
years previously. Further, Management will eliminate from an employees
record any infraction where there was a lapse of time of greater than 18 months
between infractions provided the employee has not been on leave of absence the
majority of the time between the infractions. Also Management will notnor
impose discipline on employees for falsification of their employment
applications after a period of twelve (12) months from their date of hire.
[See Par. (56)]
[See Doc. 34]
EXPLANATION:
Management will eliminate all discipline (infractions) from a members' record when the last infraction of a shop rule was at least eighteen (18) months prior. Members on leave of absence during the eighteen (18) months between disciplines (infractions) must have worked the majority of time, i.e., nine (9) months and one (1) day. This language also applies to the Attendance Procedure in Document 8.
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EXPLANATION: The enhanced Relocation Package
was increased to $23,500. The Signing Bonus to cover miscellaneous up‑front
cash expenditures is $6,500 and $17,000 for reimbursable expenses. Closing
costs on the sale of an employee's home was added as an eligible
reimbursable expense.
(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 $22,00023,500, $60006,500
of which will be provided as a signing bonus to cover miscellaneous up‑front
cash expenditures. The balance will be paid by ArgonautGMAC
Relocation Services as direct reimbursements for actual expenditures
incurred within 6 months of the effective date of relocation.
EXPLANATION: Argonaut
Relocation Services is now GMAC Relocation Services. EXPLANATION: Any balance, up to a maximum of $7,000,
of the $17,000 for reimbursable expenses will be paid to employees who
relocate after 1 year at the new location.
Reimbursable expenses
include all of the following: real estate commission and closing costs
on sale of house, points and closing costs (title insurance, taxes, 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
ArgonautGMAC
Relocation Services preferred
real estate brokers and van lines.