Skilled Trades Section History & Application

UAW-GM NATIONAL

INFORMATIONAL SUBCOUNCILS

UAW-GM

NATIONAL AGREEMENT

SKILLED TRADES SECTION

HISTORY AND EXPLANATIONS

ISSUED BY

GENERAL MOTORS DEPARTMENT, UAW

STEPHEN P. YOKICH

VICE PRESIDENT AND DIRECTOR

VICE‑PRESIDENTS: ODESSA KOMER ERNEST LOFTON STAN MARSHALL STEPHEN P. YOKICH

March 15, 1991

Greetings:

This material was prepared by the General Motors Department in conjunction with our continuing program of utilizing the Subcouncil forum for the purpose of education and familiarization of local union representatives with the provisions of the UAW‑GM National Agreement. These Educational Subcouncils have proven successful and the information conveyed has been of significant help to our members.

This Education Outline is a comprehensive review of the history of the Skilled Trades Section of the National Agreement as well as an explanation and interpretation of its specific provisions. Such a historical review is a valuable aid in understanding the intent of past negotiations and, with that knowledge, ensure correct and proper administration of the contract to the end that our members receive all of the benefits to which they are entitled under the Agreement.

Fraternally,

Stephen P. Yokich

Vice President and Director

UAW General Motors Department

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I N D E X

Skilled Trades Vacancies

Paragraph (152) .......................................... 1

Paragraph (153) .......................................... 6

Paragraph (154) .......................................... 12

Classification of "Employes‑in Training" and "Employes‑in-

Training‑Seniority"

Paragraph (155) .......................................... 15

Paragraph (156) .......................................... 18

Paragraphs (157)(a) and (157)(b) ......................... 21

Paragraph (158) .......................................... 28

Seniority of "Employes‑in‑Training" and "Employes‑in-

Training‑Seniority"

Paragraphs (159) and (159a) .............................. 30

Paragraph (160) .......................................... 32

Paragraph (161) .......................................... 34

Paragraph (162) .......................................... 36

Wage Rates of "Employes‑in‑Training"

Paragraph (163) .......................................... 37

Paragraph (164) .......................................... 43

Paragraph (165) .......................................... 46

Reclassification to Journeyman Status

Paragraph (166) .......................................... 48

Paragraph (167) .......................................... 52

Paragraph (168) .......................................... 54

Paragraph (169) .......................................... 55

Seniority Credit Upon Reclassification of "Employes‑in

Training" and "Employes‑in‑Training‑Seniority" to Journeyman

Paragraph (170) .......................................... 56

Paragraph (171) .......................................... 58

Paragraph (172) .......................................... 62

Seniority Rights of Journeymen, "Employes‑in‑Training

Seniority" and "Employes‑in‑Training"

Paragraph (173) .......................................... 63

Paragraph (174) .......................................... 64

Paragraph (175) .......................................... 67

Paragraph (176) .......................................... 70

Paragraph (177) .......................................... 71

Definition of Journeyman

Paragraph (178) ......................................... 72

Paragraph (178a) ......................................... 76

Model Change or Plant Rearrangement

Paragraph (179) .......................................... 78

Index (continued)

Related Training – E.I.T.

Paragraph (180) .......................................... 80

Maintenance Helpers

Paragraph (181) .......................................... 86

General

Paragraph (181a) ......................................... 88

Paragraph (181b) ......................................... 92

Lines of Demarcation

Paragraph (182) .......................................... 93

Appendix "C" .................................................. 100

Skilled Trades Umpire Decision Index .......................... 103

PARAGRAPH (152)

A. Present Language ‑ 1990 National Agreement

"(152) Management will study its future tool, die, maintenance, machine repair, wood and metal pattern shop needs, and at least once each six months will post on the bulletin board a list of jobs, if any, for which a shortage of journeymen is anticipated. Where qualified journeymen are not available either through new hires, from journeymen currently working on other than skilled trades classifications who have submitted appropriate documents to Management pursuant to Paragraph (178), or from graduated apprentices, employes working on other than skilled trades classifications will be permitted to file application for vacancies in skilled trades classifications listing their qualifications for such jobs. However, subject to rules and conditions established by written local agreement employes working in skilled trades classifications may be permitted to file application for vacancies in other skilled trades classifications listing their qualifications for such jobs."

1. Paragraph (152) of the 1990 National Agreement is the product of a series of changes and mergers over the years with other provisions dealing with the selection and utilization of non‑journeymen employes to receive training and to perform the work in skilled trades.

B. This provision first appeared in the 1942‑45 Agreement as Paragraph (144). It reads as follows:

Paragraph (144) ‑ 1942‑45 National Agreement

"(144) Management will study its future tool, die, wood and metal pattern shop, and machine repair shop needs, and will post on the bulletin board a list of jobs for which a shortage of journeymen is anticipated. Employes now working on production machines, who have experience and qualifications for such jobs, will be permitted to file applications with the Personnel Department, listing their experience and qualifications for jobs as operators for such jobs in order that they may be considered when vacancies occur."

1. No Umpire Decisions issued on the paragraph under the 1942‑45 Agreement.

C. The provision was continued in the 1946 National Agreement as Paragraph (126).

Paragraph (152) ‑ continued

D. Provisions were introduced in the 1948 National Agreement designed to give permanent status to employes who were not journeymen but who worked in skilled classifications during World War II as Upgraders or Trainees. It appeared as Paragraph (128) in that Agreement.

Paragraph (128) ‑ 1948 National Agreement

"(128) Management will study its future employment needs in the skilled trades classifications and will accept applications during a 90‑day period commencing with the date of signing of this agreement from those employes who are or have been upgraders or trainees under the terms of the March 19, 1946 Agreement, or earlier agreements who are presently on the active payroll, and who do not qualify under Paragraph 127 above. Such employes may be given such further training as may be required as vacancies occur.

"A list of applicants will be furnished to the Shop Committee Chairman immediately after the 90‑day period has elapsed.

"During the training period such employes will retain their date of entry seniority in relation to other employes of the same status in the skilled group for the purpose of layoff and rehire. At the conclusion of their training program they shall be eligible to be reclassified in their skilled classifications as provided in Paragraph 127 above when they are assigned to the work."

E. The following provision appeared in the 1948 Agreement as Paragraph (130).

Paragraph (130) ‑ 1948 National Agreement

"(130) Where qualified journeymen are not available either through new hires or from graduated apprentices, employes may be given such training as will qualify them to satisfactorily perform the assigned work, following which they shall be eligible to be reclassified in their skilled classification with the seniority status as provided in Paragraph 127 above when they are assigned to the work.

"While in training, the employe shall have a date of entry seniority in relation to other employes of the same status in the skilled group for the purpose of layoff and rehire."

F. This paragraph remained unchanged in the 1950 National Agreement.

Paragraph (152) ‑ continued

G. The following appeared in the 1955 National Agreement as Paragraph (128).

Paragraph 128 ‑ 1955 National Agreement

"(128) Management will study its future tool, die, machine repair, wood and metal pattern shop needs, and will post on the bulletin board a list of Jobs for which a shortage of journeymen is anticipated. Where qualified journeymen are not available either through new hires or from graduated apprentices, employes working on production jobs will be permitted to file application for vacancies in skilled trades classifications, listing their qualifications for such jobs.

"Notwithstanding other provisions of this Agreement, Management may select non‑journeymen employes who have previously filed application as provided above for transfer to the skilled trades classifications for training and to perform the work in such classifications. Employes transferred to the skilled trades classification shall be selected on the basis of their qualifications, and when their qualifications are equal, employes with the longest seniority will be given preference.

"Where no applications of production employes with qualifications have been filed for transfer or where there are no production employes in the plant, new non‑journeymen applicants with qualifications may be hired for the work. Such an employe shall be hired at not less than 10 cents under the minimum rate of the skilled classification to which he is assigned and thereafter his rate shall be increased not less than 5 cents per hour each 60 days, if retained on such job, until he reaches the minimum rate of the classification. Any increase above the minimum shall be on the basis of merit."

1. There were two Umpire Decisions involving Paragraph (128) of the 1955 Agreement. They were H‑87 and H‑58. The decisions should be read in their entirety since they deal with questions of individual qualifications.

H. The following appeared as Paragraph (164) in the 1958 National Agreement.

Paragraph (164) ‑ 1958 National Agreement

"(164) Management will study its future tool, die, maintenance, machine repair, wood and metal pattern shop needs, and at least once each six months will post on the bulletin board a list of jobs, if any, for which a shortage of journeymen is anticipated. (continued)"

Paragraph (152) ‑ continued

"Where qualified journeymen are not available either through new hires or from graduated apprentices, employes working on other than skilled trades classifications will be permitted to file application for vacancies in skilled trades classifications listing their qualifications for such jobs."

I. This language remained unchanged until the 1964 National Agreement when an additional provision was added and it was renumbered as Paragraph (152).

Paragraph (152) ‑ 1964 National Agreement

"(152) Management will study its future tool, die, maintenance, machine repair, wood and metal pattern shop needs, and at least once each six months will post on the bulletin board a list of jobs, if any, for which a shortage of journeymen is anticipated. Where qualified journeymen are not available either through new hires or from graduated apprentices, employes working on other than skilled trades classifications will be permitted to file application for vacancies in skilled trades classifications listing their qualifications for such jobs. However, subject to rules and conditions established by written local agreement employes working in skilled trades classifications may be Remitted to file application for vacancies in other skilled trades classifications listing their qualifications for such jobs."

J. Provisions were added in 1979 which gave employes working in the plant on other than skilled trades jobs, and who submitted the appropriate documentation, preference for skilled trades openings over new hires and E.I.T.s.

"(152) Management will study its future tool, die, maintenance, machine repair, wood and metal pattern shop needs, and at least once each six months will post on the bulletin board a list of jobs, if any, for which a shortage of journeymen is anticipated. Where qualified journeymen are not available either through new hires, from Journeymen currently working on other than skilled trades classifications who have submitted appropriate documents to Management pursuant to Paragraph (178), or from graduated apprentices, employes working on other than skilled trades classifications will be permitted to file application for vacancies in skilled trades classifications listing their qualifications for such jobs. However, subject to rules and conditions established by written local agreement employes working in skilled trades classifications may be permitted to file application for vacancies in other skilled trades classifications listing their qualifications for such jobs."

1. The above language has remained unchanged until the present.

Paragraph (152) ‑ continued

K. Paragraph (152) ‑ 1990 National Agreement

EXPLANATION

1. Management is required to study and, in effect, project what its future needs will be in skilled trades. It must then periodically post the job in which openings are anticipated.

2. Openings can be due to projected attrition and the expanding needs of the plant.

3. The language applies to all skilled trades classifications.

4. The provision requires management to accept applications from non‑skilled employes for the skilled trades vacancies when no journeymen are available from new hires or graduate apprentices.

5. Management is not permitted to transfer an E.I.T. or an E.I.T.S. from one skilled classification to another absent special agreement. (See Umpire Decision E‑121)

6. The local parties are permitted to negotiate and reduce to writing the circumstances under which applications for a skilled classification may be filed by an employe presently working in a skilled trades classification.

7. In all instances applicants for a skilled classification should list their qualifications.

8. Employes currently working in the plant on other than skilled trades Jobs who also have journeymen qualifications may apply for openings in the classification in which they are qualified journeymen by submitting appropriate documents proving their journeymen status to Management. If such employes fully qualify as journeymen pursuant to Paragraph (178), they should be given preference for an opening in the classification over new hires and E.I.T.'s. Such transferred employes should then be given date of entry seniority status in accordance with the local seniority agreement.

PARAGRAPH (153)

A. Present Language ‑ 1990 National Agreement

" (153) Notwithstanding other provisions of this Agreement, Management may select non‑journeymen seniority employes who have previously filed an application as provided above for transfer to the skilled trades classifications for training and to perform the work in such classifications. Employes transferred to skilled trades classifications shall be selected on the basis of their qualifications, (including time worked after January 1, 1968, pursuant to Paragraph (179) unless otherwise mutually agreed between Management and the Shop Committee), and when their qualifications are equal, employes with the longest seniority will be given preference. The recruitment, selection, employment, and training of employes‑in‑training (EIT) shall be without discrimination because of race, color, religion, national origin or sex. Affirmative action will be taken to provide equal opportunity in the Employe‑in-Training Program."

1. Paragraph (153) contains the criterion for selection of non‑journeymen seniority employes for transfer to skilled classifications.

B. This provision first appeared in the 1942‑45 National Agreement as Paragraph (145).

Paragraph (145) ‑ 1942‑45 National Agreement

"(145) When such vacancies occur and journeymen are not available for employment, vacancies are to be filled by the upgrading of other workers in the plant who have the necessary qualifications to perform the work and who have previously made application for such work."

C. The language remained unchanged in the 1946 Agreement but the paragraph was renumbered (127).

D. Paragraph (127) ‑ 1948 National Agreement

"(127) Employes who were upgraders or trainees under the terms of the March 19, 1946 Agreement, and who are presently working in skilled classifications, and who have the practical experience and training equivalent to the classification requirements in the plant, shall be eligible to be reclassified to the classification in which they are an upgrader or trainee. For the purpose of layoff and rehire from the skilled group, the seniority status of such employes in the skilled classifications to which assigned will be computed by crediting them with 50% of the time elapsed since the date of entry

Paragraph (153) ‑ continued

"into that or related skilled classifications. The employe will retain his established plant seniority date for seniority purposes other than for its applicability in the skilled trades group."

E. The paragraph remained unchanged in the 1950 National Agreement.

F. Paragraph (127) ‑ 1955 National Agreement

"(127) Employes who are in training as of the date of this Agreement or who have been in training at any time under Paragraphs 127 through 130 of the National Agreement dated May 29, 1950, shall be combined while in training with employes who are or have been in training at any time under Supplemental Agreement dated September 11, 1952 (National Defense Emergency Supplement) to the National Agreement dated May 29, 1950."

G. The provision was renumbered in the 1958 National Agreement as Paragraph (165).

Paragraph (165) ‑ 1958 National Agreement

"(165) Notwithstanding other provisions of this Agreement, Management may select non‑journeymen employes who have previously filed an application as provided above for transfer to the skilled trades classifications for training and to perform the work in such classifications. Employes transferred to skilled trades classifications shall be selected on the basis of their qualifications, and when their qualifications are equal, employes with the longest seniority will be given preference."

H. Paragraph (153) ‑ 1961 National Agreement

The language of the 1958 Agreement remained unchanged but the paragraph was renumbered (153).

I. Paragraph (153) ‑ 1964 National Agreement

Unchanged from the 1961 National Agreement.

J. Paragraph (153) ‑ 1967 National Agreement

Paragraph (153) ‑ continued

"qualifications, including time worked after the effective date of this Agreement pursuant to Paragraph (179) unless otherwise mutually agreed between Management and the Shop Committee, and when their qualifications are equal employes with the longest seniority will be given preference."

1. The underscored language first appeared in the 1967 National Agreement.

K. Paragraph (153) ‑ 1970 National Agreement

"(153) Notwithstanding other provisions of this Agreement, Management may select non‑journeymen employes who have previously filed an application as provided above for transfer to the skilled trades classifications for training and to perform the work in such classifications. Employes transferred to skilled trades classifications shall be selected on the basis of their qualifications, (including time worked after January 1, 1968, pursuant to Paragraph (179) unless otherwise mutually agreed between Management and the Shop Committee), and when their qualifications are equal, employes with the longest seniority will be given preference."

L. Paragraph (153) ‑ 1973 National Agreement

1. The underscored language was new in the 1973 Agreement.

Paragraph (153) ‑ continued

M. The underscored language first appeared in the 1979 National Agreement.

Paragraph (153) ‑ 1979 National Agreement

"(153) Notwithstanding other provisions of this Agreement, Management may select non‑journeymen seniority employes who have previously filed an application as provided above for transfer to the skilled trades classifications for training and to perform the work in such classifications. Employes transferred to skilled trades classifications shall be selected on the basis of their qualifications, (including time worked after January 1, 1968, pursuant to Paragraph (179) unless otherwise mutually agreed between Management and the Shop Committee), and when their qualifications are equal, employes with the longest seniority will be given preference. The recruitment, selection, employment, and training of employes‑in‑training (E.I.T.) shall be without discrimination because of race, color, religion, national origin or sex. Affirmative action will be taken to provide equal opportunity in the Employe‑in‑Training Program."

1. The above language has remained unchanged until the present.

N. Paragraph (153) ‑ 1990 National Agreement

EXPLANATION

1. Paragraph (153) is applicable only to employes, who are not journeymen in the classification to which they may be transferred as an employe‑in‑training (E.I.T.).

2. Disregarding other provisions of the National Agreement, Management is permitted to select non‑journeymen seniority employes from among those who have filed applications [according to procedures spelled out in Paragraph (152)] to be trained while performing the work in skilled trades classifications.

3. The paragraph specifies that the "qualifications" possessed by an applicant are factors considered when selecting employes to fill a vacancy in a given skilled trades classification.

Paragraph (153) ‑ continued

4. It is permissible to consider time worked after January 1, 1968, pursuant to Paragraph (179) to determine "qualifications" unless local Management and the Shop Committee agree otherwise.

5. The term "qualifications" under Paragraph (153) should not be equated with merit, ability and capacity under Paragraph (63)(a).

6. Under Paragraph (153) a determination must be made as to the qualifications required to perform the job in question. (The qualifications for an opening in a Tool and Die classification, for example, may be different than the requirements for an opening in a Maintenance classification.)

7. Umpire Decision L‑12 deals with the question of qualifications. The entire decision should be read.

8. When the qualifications of competing employes are equal seniority is the determining factor.

9. In the event minority groups or women are not being transferred to skilled classifications the union and management must take affirmative action.

10. This provision of the Agreement would not affect a plant where the method of selection of employes is not disadvantaging individuals on the basis or race, color, religion, sex or national origin.

11. Affirmative action means that management and the union will take positive steps to insure that qualified minority group members are transferred to skilled trades vacancies.

12. In some plants affirmative action may not be necessary if the skilled trades classifications reflect a fair mix of minority groups and women within the plant.

13. It may be necessary to recruit and give special training to minority group and female employes in order to achieve a work force in the plant that is non discriminatory.

PARAGRAPH (154)

A. Present Language ‑ 1990 National Agreement

"(154) Where no applications of seniority employes with qualifications have been filed for transfer, non‑seniority employe applicants may be transferred or new non‑journeymen applicants with qualifications may be hired for the work."

1. This provision is intended to permit Management to go outside its own work force to fill skilled trades job openings in the event there are no in‑plant employes with qualifications who have filed an application.

B. The equivalent provision first appeared in the 1942‑46 Agreement as Paragraph (147).

Paragraph (147) ‑ 1942 National Agreement

"(147) Vacancies in the tool, die, wood and metal pattern, and machine repair shops in a given plant are to be filled if possible by upgrading within the plant, as set forth in Paragraph (145) but in the event that any of the vacancies cannot be filled promptly in this manner, applicants from other General Motors plants will then be given preference for the jobs."

C. This provision was numbered Paragraph (130) in the 1946 National Agreement.

Paragraph (130) ‑ 1946 National Agreement

"(130) If Jobs cannot be filled by the above method of upgrading within a period of not less than five working days from the date of posting of the bulletin, the hiring plant will be at liberty to fill the vacancies under the provisions of the Trainee Procedure."

D. 1948 and 1950 National Agreements

The provision was not included in the 1948 and 1950 National Agreements.

E. This provision reappeared as part of Paragraph (128) in the 1955 Agreement.

Paragraph (128) ‑ 1955 National Agreement

"(128) Where no applications of production employes with qualifications have been filed for transfer or where there are no production employes in the plant, new non‑journeymen applicants with qualifications may be hired for the work. Such an employe shall be hired at not less than 10 cents under the minimum rate of the

Paragraph (154) ‑ continued

"skilled classification to which he is assigned and thereafter his rate shall be increased not less than five cents per hour each 60 days, if retained on such job, until he reaches the minimum rate of the classification. Any increase above the minimum shall be on the basis of merit."

F. The provision was renumbered as Paragraph (166) in the 1958 Agreement.

Paragraph (166) ‑ 1958 National Agreement

"(166) Where no applications of employes with qualifications have been filed for transfer, new non‑journeymen applicants with qualifications may be hired for the work."

G. This paragraph was renumbered as Paragraph (154) in 1961 and appears in the 1964, 1967, 1970, 1973 and 1976 National Agreements without change.

H. The underscored language first appeared in the 1979 National Agreement.

Paragraph (154) ‑ 1979 National Agreement

1. The above language has remained unchanged until the present.

I. Paragraph (154) ‑ 1990 National Agreement

EXPLANATION

1. The language is almost self‑explanatory; however, its existence is frequently forgotten. This paragraph permits management to go outside the plant's work force to select E.I.T.s only when there are no applications from employes with qualifications from with in the plant.

2. This paragraph comes into play only after the selection procedures of Paragraph (153) have been complied with.

PARAGRAPH (155)

A. Present Language ‑ 1990 National Agreement

"(155) An employe transferred to a skilled trades classification in which he does not hold journeymen or E.I.T.S. status, or a nonjourneyman new‑hire assigned to a skilled trades classification in which he does not qualify for E.I.T.S. status, shall be identified in the skilled trades classification in which he is working as an employe‑in‑training (e.g., "Lathe Operator (E.I.T.)". "Tool Maker (E.I.T.)") until his status is changed to an employe‑in‑training seniority (E.I.T.S.) or he is reclassified as a Journeyman in such classification in accordance with provisions of Paragraph (166)."

B. This provision first appeared as Paragraph (148) in the 1942‑45 National Agreement.

Paragraph (148) ‑ 1942‑45 National Agreement

"(148) Employes upgraded from production jobs shall retain and accumulate seniority in their production groups. For the purpose of layoff and rehire within the group, the upgraded employe will be given a status in relation to the other employes in the group in keeping with his date of entry into the group and will retain such status for the period of the War Program."

C. The paragraph was renumbered paragraph (129) in the 1946 National Agreement and the limitation on retention of status to the period of the War Program was deleted.

Paragraph (129) ‑ 1946 National Agreement

"(129) Employes upgraded from production Jobs shall retain and accumulate seniority in their production groups. For the purpose of layoff and rehire within the group, the upgraded employe will be given a status in relation to the other upgraders in the group in keeping with his date of entry into the group."

D. This provision was included in the 1948 National Agreement as a part of Paragraph (128) and remained unchanged in the 1950 Agreement.

Paragraph (128) ‑ 1948 National Agreement