INDEX
Paragraph
Apprentice Program.......................112
Arbitration............................41-45
Call-In Pay...............................22
Discharge.................................98
Discipline................................97
Discrimination and Coercion..............5-6
Emergency Layoffs and Transfers........64-65
Extended Layoffs.......................66-87
Funeral/Bereavement Pay...................24
Grievances.............................38-40
Holiday Pay...............................29
Holidays..................................28
Hours...................................7-11
Inventory Shutdown.......................123
Job Classification.....................35-37
Jury Duty and Witness Pay.................25
Labor Agreement............................1
Leave of Absence.......................91-96
Lunch Pay.................................23
Military Difference Pay...................26
Miscellaneous........................115-121
Modification.............................124
Overtime...............................12-19
Promotions & Transfers.................88-90
Purpose of Agreement.......................2
Recognition................................3
Reporting Pay..........................20-21
Seniority..............................55-63
Sickness and Personal Time...............111
Strikes and Lockouts.................113-114
Termination..............................125
Tuition...................................27
Union Activities.......................46-51
Vacations with Pay....................99-110
Voluntary Checkoff........................52
Wages..................................30-34
Wage Increases and COLA..................122
Working Conditions.........................4
INDEX
Memorandums of Agreement
Between U.E. Local 1111 and Rockwell Automation, Inc.
8/1/05 Memo Regarding Testing
4/17/70 Supplemental Worker’s Compensation Payments
6/19/73 Work in Remote or Isolated Areas
12/10/73 Part Time Service - Seniority Question
7/27/82 New Products/Technology
1/29/88 Return to Work Policy - Employees
with Permanent Medical Restrictions
7/16/90 Letter of Understanding H & A
7/16/90 Chemotherapy Treatments
8/1/05 Memorandum of Agreement
8/1/05 Vacation Scheduling
1/15/93 Drug Testing
7/27/93 Memorandum of Agreement Workplace Education
7/28/93 H & A Benefit Renewal
6/11/96 Memo Regarding Paragraphs 2 and 3
7/16/96 H & A - Shift Premium
7/16/96 Retiree Medical Coverage Extension
7/28/96 Memorandum of Agreement Sign on Bonuses
7/30/96 Retiree Schedule AAA - Vacation Carryover
7/30/96 One Month Payment to Surviving Spouse
7/25/02 Health & Accident Insurance for Permanent Part
Time Employees in Department 796
8/1/05 Memorandum of Agreement Regarding Paragraph 80
Maintenance of Rate4
8/1/05 Supplemental Life Insurance
8/1/02 Pro-Rata Health Care Benefits for Part Time
8/1/05 Insurance Premium Payments for Employees Who
Are Not at Work
8/1/02 Pension - Past Service Credit
8/1/05 Memorandum of Agreement Employee Savings and
Investment Plan
8/1/05 Pension Formula (Schedule VV)
8/1/05 Pension Formula (Schedule YY)
8/1/02 Pension Death Benefit
8/1/05 Supplemental Early Retirement Benefit
8/1/05 Basic Life Insurance
8/1/05 Sloan Process
8/1/05 Letter of Understanding - Job Movement
8/1/05 Letter of Understanding - 2/3 Pay for
Certain Employees
8/1/05 Letter of Understanding – Journeymen
who have less than 25 years
8/1/05 Letter of Understanding - Severance
8/1/05 Letter of Understanding - "95 Point" Incentive
8/1/05 Letter of Understanding – Retirement Tip Up
8/1/05 Letter of Understanding Credit Towards Pension
25 Year Employees on Layoff Status
8/1/05 Letter of Understanding Credit Towards Pension
25 Year Employees Who May be Laid Off
8/1/05 Memorandum of Intent
1. Agreement made this 1st day of August, 2005 by and between Rockwell Automation, Inc. (formerly Allen-Bradley Company) located at 1201 South Second Street, Milwaukee, Wisconsin, its successors and assigns, (hereinafter called the "Company"), and Local 1111 of the United Electrical, Radio and Machine Workers of America, UE (hereinafter called the "Union").
2. The purpose of this Agreement is to set forth the terms that shall regulate the relations, wages, hours and conditions of employment between the parties.
RECOGNITION
3. The Company recognizes Local 1111 of the United Electrical, Radio and Machine Workers of America, UE, as the sole collective bargaining representative for all production employees of the Company who are engaged in the manufacture, processing, handling, inspecting, testing, and repairing of the products of the Company, and for all employees engaged in maintenance and service operations, except employees in the Tool Room. All other employees of the Company, including managerial and supervisory employees (a list of the present managerial and supervisory employees being attached hereto), office workers, laboratory workers, guards, and tool and machine designers shall be excepted from this contract.
WORKING CONDITIONS
4. The Company shall continue to provide good working conditions and shall not decrease its efforts to prevent accidents and health hazards. It shall continue to have such things as safety inspections, safety devices and machine guards. It shall also continue to provide plant first aid service.
The Medical Department will provide accessibility to necessary care between 6:30 a.m. and 4:00 p.m.
(a) All mandatory services that go beyond the normal starting and stopping times will be paid at the appropriate overtime rate.
(b) Co-pay for flu shots will be $3.00 per employee.
(c) $0.25 for meds (medical dispensing machine).
(d) Twice annually the Company shall pay employees $90.00 towards the purchase of safety shoes, who work in areas that are designated mandatory safety shoe areas. Employees who do not work in areas designated mandatory safety shoe areas will be paid $90.00 once per year toward the purchase of safety shoes. Effective 10/1/07, twice annually the Company shall pay employees $100.00 towards the purchase of safety shoes, who work in areas that are designated mandatory safety shoe areas. Employees who do not work in areas designated mandatory safety shoe areas will be paid $100.00 once per year toward the purchase of safety shoes.
(e) The Company will provide the Union with a duplicate of its Book of Material Safety Data Sheets and will provide necessary future information to keep the book current.
DISCRIMINATION AND COERCION
5. There shall be no discrimination by managerial or supervisory employees or other agents of the Company against any employee because of the employee's membership in the Union. The Company and also the Union and its members recognize and agree that every employee is bound by the terms of their employment to work peacefully and cooperatively with every other employee, and that there shall be no discrimination against any employee because of the employee's membership or non-membership in the Union.
6. It is hereby agreed between the parties that neither the Company, the Union or the employees will discriminate against any employee or applicant for employment in the bargaining unit because of race, color, religion, sex, age, handicap or national origin. Disputes involving employees in the bargaining unit are subject to the grievance procedure. Questions involving an applicant for employment in the bargaining unit are to be handled under Steps 2 and 3 of the grievance procedure, but not to arbitration, and if not resolved, may be submitted to the appropriate government agency. The Company will make available relevant employment records only to that agency.
HOURS
7. The normal working schedule for employees shall be forty (40) hours per week, eight (8) hours per day, five (5) days per week from Monday to Friday inclusive. Any increases in the working schedule shall be made by the Company scheduling additional daily or Saturday hours. Further increases in the working schedule will be made by the Company scheduling Sunday work and dividing the Sunday work among qualified employees. Where an additional increase in the working schedule is required, it will be made by the Company scheduling employees seven (7) days per week, if authorization can be obtained from the Department of Industry, Labor and Human Relations. The Company and the Union will cooperate in obtaining such authorization. After eight (8) weeks of scheduling employees on a seven (7) day per week basis, the Company may establish continuous duty schedules on a voluntary basis. The continuous duty schedule shall be discontinued when there is no longer a business requirement for such operation.
8.`(a) Each shift shall have a specific starting and stopping time. The ```starting times are as follows: 7:00 a.m., 3:00 p.m., 3:30 p.m., and 11:00 ```p.m. The stopping times are as follows: 3:00 p.m., 3:30 p.m., 11:00 p.m., ```11:30 p.m. and 7:00 a.m. Employees starting at 7:00 a.m. and stopping at ```3:30 p.m. will have one half (1/2) hour off time for lunch. The normal ```workweek for the Third Shift will begin at 11:00 p.m. on Sunday and end ```at 7:00 a.m. on Friday.
(b) In addition to the starting and stopping times listed above, operations in the Cafeteria may have starting times of 5:00 a.m., 6:00 a.m. and 11:00 a.m. and stopping times of 1:30 p.m., 2:00 p.m. and 7:00 p.m.
(c) In addition to the starting and stopping times listed above, operations in the Shipping Department may have starting times of 5:00 a.m., 6:00 a.m., and 9:00 a.m., and stopping times of 1:30 p.m., 2:30 p.m., and 5:30 p.m. Employees starting at 5:00 a.m., 6:00 a.m., or 9:00 a.m., and stopping at 1:30 p.m., 2:30 p.m., or 5:30 p.m., will have one half (1/2) hour off time for lunch.
9. Additions to or deletions from the list of starting and stopping times shown in paragraph 8 shall be mutually determined by the Company and the Union, except in the case an agreement is not reached within two (2) weeks of the beginning of discussions, the matter may be carried through arbitration for a decision as to whether such addition or deletion is necessary and reasonable. However, such changes shall not be placed in effect until a decision has been rendered by the Arbitrator. Additions to or deletions from the list shall be announced by Friday of one (1) week to become effective Monday next, and shall remain in effect for at least one (1) full calendar week.
10. Lunch periods, when provided shall be scheduled between these hours:
1st Shift: 10:40 A.M. 12:30 P.M.
2nd Shift: 6:00 P.M. 7:30 P.M.
3rd Shift: 1:30 A.M. 3:00 A.M.
Except for emergencies, changes in the employee's lunch period shall be announced by Friday of one (1) week to become effective Monday next, and shall remain in effect for at least one (1) full calendar week. Overtime will not be paid for time worked during the lunch period as such.
11. When all or part of the plant is operating on a reduced work schedule, as provided in paragraphs 66 and 67, those departments operating on a reduced schedule and on a twenty-four (24) hours, three (3) shift basis will operate each shift on alternate schedules of four (4) days, thirty-two (32) hours per week and five (5) days, forty (40) hours per week.
OVERTIME
12. All work performed in excess of eight (8) hours in any single day or in excess of forty (40) hours in any given week, or performed before the scheduled starting time or after the scheduled stopping time, exclusive of lunch periods, and all work performed on Saturdays shall be paid for at the rate of time and one half (1-1/2) except as otherwise provided herein.
13. All work performed on Sunday and all work in excess of twelve (12) consecutive hours in any single day shall be paid for at the rate of double time. For employees on the third shift, Sunday shall be those hours between 3:00 p.m. on Saturday and 3:00 p.m. on Sunday.
14. Employees working nights and required to work part of their regular weekly work schedule on Saturdays, Sundays, or holidays shall not be entitled to overtime for such work unless it exceeds forty (40) hours per week.
15. The computation of overtime pay shall be based on straight time hourly earned rate which includes night shift differential.
16. Continuous duty operations are those which operate seven (7) days per week, twenty-four (24) hours per day, and the employee's normal schedule includes Saturday and Sunday work.
17. Overtime shall not be pyramided.
18. Any employee working overtime on any one (1) day shall not be given time off to offset this overtime, except that an employee who works on Saturday to receive overtime and is absent on week days unnecessarily, need not be permitted to work on Saturdays.
19. When all or part of the plant is operating on a reduced weekly work schedule as provided in paragraphs 66 and 67, the Company may operate one (1) or more departments or job groups, for one (1) week or more, on the normal schedule as provided for in paragraphs 7 and 8 without paying overtime for exceeding the reduced work week as such or exceeding the reduced work day as such, nor for starting before or stopping after the reduced schedule for other departments. Provided, however, there are no employees on the laid off list capable of performing the available work or it is necessary to operate equipment longer hours.
REPORTING PAY
20. Employees who report for work on their regular shift shall be guaranteed at least four (4) hours work or four (4) hours pay at their straight time hourly earned rate unless such employees are notified, before or during the previous day, not to report. This provision shall not apply if work is suspended due to conditions beyond the Company's control, such as floods, fires, emergencies, power breakdowns, etc.
21. Employees who are asked to work weekend overtime shall be guaranteed at least four (4) hours work or four (4) hours pay at their appropriate overtime rate unless such employees are notified not to report to work prior to the end of their immediately preceding work shift.
This provision shall not apply if work is suspended due to conditions beyond the Company's control such as floods, fires, emergencies, power breakdowns, etc.
CALL-IN PAY
22. Employees called in for emergency work outside their regular shift will be paid at overtime rates for the time worked or four (4) hours pay at overtime rates, whichever is greater, for each time they report to a call. If a lunch period intervenes, the employees will be paid for such lunch period. An employee who continues to work through the employee's normal shift shall only be entitled to overtime pay for hours worked outside the employee's regular shift.
LUNCH PAY
23. If it is necessary for employees to work more than ten (10) consecutive hours in a single day, a second lunch period of eighteen (18) minutes will be provided which will be considered the same, and paid for, as time worked. In addition, the Company will provide a lunch coupon worth six dollars ($6.00) redeemable in full at the Cafeteria, or for six dollars ($6.00) cash if the Company cannot provide a lunch.
FUNERAL / BEREAVEMENT PAY
24. When a death occurs in the immediate family of an employee with seniority, the employee will, on request to the employee's manager, be granted time off with pay as is necessary, to arrange for and attend the funeral. Such employee shall be paid for their regularly scheduled hours, not to exceed eight (8) hours per day at their straight time hourly earned rate for time lost from work.
In the event of the death of the employee's spouse, child, stepchild, fosterchild, grandchild, mother, father, stepmother, stepfather, brother, sister, legal guardian or foster parent, mother-in-law or father-in-law, brother-in-law, sister-in-law, grandmother, grandfather or grandparents-in-law, son-in-law or daughter-in-law, the employee shall be granted up to a maximum of three (3) consecutive working days (Monday through Friday) ending with the day of the funeral. If extenuating circumstances warrant, the three (3) days can be non-consecutive with the agreement of Labor Relations.
In those cases where travel time due to distance is necessary, the Company will allow the days off to be used after the day of the funeral.
Should one of the above deaths occur while an employee is on vacation, the employee will be paid what the employee is entitled to under the Funeral / Bereavement Paragraph provisions and the time will not be counted as vacation.
JURY DUTY & WITNESS PAY
25.(a) An employee serving on jury duty will be paid the employee's regular ```wages, with the understanding that the employee's regular wage is not to ```exceed eight (8) hours per day, and that time spent on jury duty is not ```to count as time worked for purpose of computing overtime. Each employee ```is to provide suitable evidence of jury duty fees received to be eligible ```for jury duty pay. If the employee (first, second or third shift) is ```released from court before 11:00 a.m., the employee is to report for ```whatever work the Company makes available.
(b) Witness pay will be paid on the same basis as jury duty pay provided the employee is subpoenaed as a witness in a criminal action.
MILITARY DIFFERENCE PAY
26. Employees with seniority enrolled in the Armed Forces, Coast Guard Reserve and National Guard Reserves, who are called for reserve duty such as two (2) weeks encampment, riot duty or civil disorders will be reimbursed for their wage loss during such periods, but not to exceed two (2) weeks in any contract year, based upon an eight (8) hour day.
Employees with seniority enrolled in the Armed Forces, Coast Guard Reserve and National Guard Reserves, who are mobilized for war/peacekeeping/declared emergency will be paid the difference between the amount received monthly from the military (base pay including allowances for rations/subsistence and quarters) and the employee's regular monthly wages based upon five (5) days per week, eight (8) hours per day for the duration of the deployment. Additionally, hazardous duty, flight and/or combat pay will not affect the reimbursement.
Employees are required to furnish the Company a copy of the mobilization orders from the military authorities. Additionally, the employee must submit a copy of the military pay stub to Payroll so that the pay adjustment can be made.
Wage loss shall be the difference between their regular wages for a regular work schedule without overtime hours and the compensation they receive for time spent on such duty.
Pay differential will not be applicable for optional military training. During the mobilization period, an employee already covered under the Company's group health, dental, vision, life and supplemental life insurance plans may continue coverage, including dependent coverage where applicable, on the same terms and conditions as existed prior to his or her leave. The Company will continue to contribute its portion of the premium(s) payment during the leave of absence, and the employee is required to pay his or her portion of the monthly premiums as required by the Company. An individual who discontinues his or her insurance(s) and returns to employment is able to immediately participate in any plan that is available to other similarly situated employees at that location.
TUITION
27. For employees with seniority the Company will refund one hundred percent (100%) of the cost of tuition and books up to $1500.00 per calendar year to those who successfully (by achieving a grade of "C" or better) complete a training course at a recognized educational institution in the greater Milwaukee area which relates to maintaining or improving their skill in performing their job or specifically contributes to their career development within the Company or relates to specific skills that can be applied on the job at the present or to qualify them for higher level jobs.
The courses must be approved by the employee's Manager.
HOLIDAYS
28. The following days shall constitute the regular holidays for this Agreement:
New Year's Day
Memorial Day
Thanksgiving Day
Day after Thanksgiving Day
Independence Day
Day before Christmas Day
Christmas Day
Employee's Birthday, Day before New Year's Day
Employee's Employment(Anniversary Day)
The Company and the Union shall mutually determine on or before October 15, 2005 for the following Five (5) calendar years one (1) additional holiday per year. In the event no agreement is reached, Good Friday shall be the additional holiday for said year. Also by October 15th the Company and the Union shall mutually determine the days on which third shift employees will observe their holidays. Other holidays may be granted as are mutually determined by the Company and the Union. Whenever any of said days, except the day before Christmas Day, the day before New Year's Day falls on Sunday, the succeeding Monday shall be the holiday.
The employee's employment anniversary date (defined as the date of hire for the current period of employment) and the employee's birthday will be treated as floating holidays. The day to be observed must be scheduled and approved with the Manager.
HOLIDAY PAY
29. When an agreed holiday as specified in paragraph 28 occurs, employees (except those hired for temporary or summer work) shall be paid for such holiday. An employee shall be paid such holiday pay at the employee's straight time hourly earned rate for the employee's regularly scheduled hours, not to exceed eight (8) hours per day. Such holiday pay shall be paid only to employees who have worked at some time in the calendar week in which the holiday is observed. Time spent on a paid vacation, or paid sickness and personal time (per paragraph 111), or on jury duty, or at two week summer encampment for military reservists, or on paid funeral absence, shall be considered as time worked. Employees on sick leave or on the laid off list who return to work at any time during the week in which the holiday is observed, shall be paid holiday pay. Employees hired during a week in which a holiday is observed shall only be eligible for holiday pay when the holiday occurs after their date of employment. When an employee works on an agreed holiday the employee shall be paid at the rate of double time for time worked and in addition the employee shall be paid holiday pay at the employee's straight time hourly earned rate for the employee's regularly scheduled hours, not to exceed eight (8) hours. Employees on continuous duty schedules who work on an agreed holiday will have the option of taking either the holiday pay or an additional day of vacation.
When an agreed holiday falls on one of the regularly scheduled work days during an employee's paid vacation the employee shall be paid holiday pay for such day and it shall not be counted as a day of the employee's vacation and the employee shall take an additional day of vacation to offset the holiday.
When an agreed holiday occurs on Saturday or when the day before Christmas Day and the day before New Year's Day occur on Saturday or Sunday, employees eligible for holiday pay will be granted an additional day of vacation but will not be paid for the holiday as such. The additional day of vacation must be taken during the vacation year in which the holiday falls and in accordance with the provisions of paragraph 109. Those employees who work on a holiday which falls on a Saturday or Sunday will be paid at the rate of double time for time worked and in addition they shall have the option of either being paid holiday pay at their straight time hourly earned rate for their regularly scheduled hours, not to exceed eight (8) hours, or receiving an additional day of vacation.
WAGES
30. Each employee has a job with a job classification. The rate for such classification is the "rate" to be used in determining wages of the employee.
31. Employees who are hired into the job classifications listed below on or after August 4, 1996 will start at a rate of pay equal to sixty percent (60%) of the rate of that job on the date of hire. The employee's rate of pay will be increased quarterly in accordance with the schedule below so that in four (4) years they will achieve one hundred percent (100%) of the rate for that job.
Classifications Affected
6570 Assembler / Machine Operator
6810 Utility and Service Attendant
6855 Kitchen and General Helper
6915 Cafeteria Attendant
Rate Schedule
Work Period
Date of Hire.........................................% of Rate
Completed one (1) quarter of employment................62.5
Completed two (2) quarters of employment...............65.0
Completed three (3) quarters of employment.............67.5
Completed four (4) quarters of employment..............70.0
Completed five (5) quarters of employment..............72.5
Completed six (6) quarters of employment...............75.0
Completed seven (7) quarters of employment.............77.5
Completed eight (8) quarters of employment.............80.0
Completed nine (9) quarters of employment..............82.5
Completed ten (10) quarters of employment..............85.0
Completed eleven (11) quarters of employment...........87.5
Completed twelve (12) quarters of employment...........90.0
Completed thirteen (13) quarters of employment.........92.5
Completed fourteen (14) quarters of employment.........95.0
Completed fifteen (15) quarters of employment..........97.5
Completed sixteen (16) quarters of employment.........100.0
32. All wages due shall be payable by check or direct deposit as chosen by the employee with the check or check advice to be mailed by Wednesday morning to the employees' address of record for work done up to and including the previous Saturday. It is understood that when equipment malfunctions, holidays, or other conditions beyond the Company's control make it impractical to meet this requirement, the Company will issue the checks as soon as possible.
33. The checks and check advice shall show the employee's "rate" and "straight time hourly earned rate" and shall be itemized as to the amount received for "actual time" and "excess overtime". The checks and check advice shall also show the amount deducted for "Union dues" and other "deductions". Social Security numbers shall not be listed on checks or check advice.
34. Employees assigned to the second shift shall receive an additional six percent (6%) of their total earnings and employees assigned to the third shift shall receive an additional nine percent (9%) of their total earnings. A shift shall be defined as a second shift when the majority of its hours fall between 3:00 p.m. and 11:00 p.m. and shall be defined as a third shift when the majority of its hours fall between 11:00 p.m. and 7:00 a.m.
JOB CLASSIFICATION
35. The job classification book is an addendum to this Agreement. It includes a general description and rate range for all present jobs governed by this Agreement. It is intended solely and exclusively to be used for the purpose of determining the job of each employee and in no way to limit the Company in the assignment of duties to any employee. Such assignment of duties shall not conflict with other provisions of this Agreement.
It is understood that all Job Descriptions in the Job Classification Book, addendum to this Agreement, should include the following sentence. Conducts tasks in accordance with applicable health, safety, quality and environmental regulations (state/federal laws, ISO9001, ISO14001, etc.) as well as Rockwell/Rockwell Automation health, safety, quality, and environmental policies and procedures. This sentence will be added to future job descriptions that are negotiated or revised as per the labor agreement.
36. When new jobs arise during the term of the Agreement, the Company will establish a description and rate range, consistent with present rates, for each new job. Any such description and rate range set by the Company may be a grievance. A new job is created when the Company assigns an employee, as the employee's normal work, duties which are substantially different from presently described jobs in skill, responsibility, or working conditions. The Company may create new jobs by making any change in the content of a present job either by adding to or deleting duties therefrom; or by the addition of duties which may have been performed by other classifications or in other departments; or by the establishment of new departments; or by the combination of duties which may have been performed by other classifications or in other departments; or by the establishment of new duties by either the introduction of new machinery or by the introduction of new or changed methods of operation.
37. Each employee governed by this Agreement is assigned a job consistent with the employee's normal work. Such assignment shall not prevent the temporary use of the employee on other jobs for a reasonable time, to take care of fluctuations in production, to fill in for employees on vacation, and to fill in for other absent employees.
The Company and Union agree that when an employee is loaned back to their home department for more than three months that position will be filled through a permanent recall to that department in accordance with the Labor Agreement.
GRIEVANCES
38. All differences and disputes shall be addressed with the supervisor by the employee, or by the employee's department steward, or by both, as the employee elects. Any grievance that may arise shall be taken up in the following steps:
STEP 1 - MANAGER - Grievances shall initially be taken up for settlement with the manager by the employee, or by the employee's department steward, or by both, as the employee elects.
STEP 2 - LABOR RELATIONS - If the grievance is not resolved at the manager's level, the employee or any member of the Union Bargaining-Grievance Committee may then take up the grievance with Labor Relations.
STEP 3 - COMPANY GRIEVANCE COMMITTEE - If the grievance is not resolved by Labor Relations, the grievance may be referred to the Company Grievance Committee by the Union Bargaining - Grievance Committee. All grievances shall be answered within three (3) working days after presentation to the Company Grievance Committee.
39. The term "grievance" shall not include any controversy as to general wage matters but may include grievances as to the classification of an employee.
40. A grievance concerning distribution of overtime within a department will be discussed between the Company and the Union through the first three steps of the grievance procedure but shall not be subject to arbitration.
ARBITRATION
41. In the event of the failure of the Union and the Company to settle a grievance as above provided, and if the grievance is based upon the interpretation of, or compliance with, this Agreement, the grievance may be taken to arbitration. If a controversy arises as to whether or not the grievance is based upon the interpretation of, or compliance with, this Agreement, such controversy shall be decided by the Arbitrator. If the Arbitrator decides that the grievance is not within the Arbitrator's jurisdiction because it is not based upon the interpretation of, or compliance with, this Agreement, the Arbitrator shall return the grievance to the parties without comment.
42. When either party elects to take a grievance, as above provided in paragraph 41, to arbitration, such party shall give written notice to the other party. The written notice shall also explain the grievance, the issues involved under the terms of this Agreement, and specify the provision of the Agreement on which the grievance is based.
43. The Federal Mediation and Conciliation Service (FMCS) shall provide an American Arbitration Association (AAA) member panel of Arbitrators from which the parties shall select an Arbitrator. In the event that the parties are unable to agree on an Arbitrator, the FMCS shall be requested to designate an Arbitrator from members of the AAA. The expense of employing an Arbitrator and a court reporter, if one is used, shall be shared equally by the Company and the Union.
44. The jurisdiction of the Arbitrator shall be limited to interpreting this Agreement in case of disputes as to the meaning of this Agreement or as to claims of violation of this Agreement, and the Arbitrator has no authority to add to or change the Agreement in any manner. The duties and jurisdiction of the Arbitrator are fixed and limited by this Agreement and the Arbitrator shall have no power to enlarge such jurisdiction except by mutual consent of the two parties to the Agreement.
45. The decision of the Arbitrator shall be final and binding on both parties, provided the Arbitrator has not exceeded jurisdiction as fixed and limited herein.
UNION ACTIVITIES
46. The Union Bargaining-Grievance Committee shall be not less than two (2) nor more than seven (7) employees designated by the Union to administer the terms of the Labor Agreement during the life of the Agreement and to negotiate with the Company for a new Labor Agreement.
47. The Union may appoint employees as alternates for stewards or for members of the Union Bargaining-Grievance Committee who shall have the power to serve only in the absence of the regular person. The Union shall furnish the Company an up-to-date list of all officers, Bargaining-Grievance Committee members, and stewards and keep the list up to date.
The Union Bargaining Committee will be afforded time off without pay to attend regular scheduled bargaining meetings with the Company.
48. Union officials, stewards and/or committee members may take time off from their regularly scheduled work for Union business outside of the plant upon advance notification to their manager. Permission to leave for such Union business will not be refused unless it would interfere with plant operation because of work load or available manpower. If a question arises regarding such a refusal to grant time off, the Union and the Company will endeavor to work this out in a reasonable manner. Time off pursuant to this paragraph will not be paid for by the Company, but will be handled by the present payroll practice.
49. When a grievance reaches the state of discussion between the Union Bargaining-Grievance Committee and the Company Grievance Committee, the Union shall have the right, upon prior notice to the Company, to call in one (1) or more International Representatives.
50. The Company will pay for all time spent attending Step 3 grievance meetings outside the plant during regular working hours, and all time spent in handling grievances within the plant during regular working hours, including time spent by committee members in visiting departments other than their own for the purpose of investigating grievances at all reasonable times, after notice to and permission from the manager of the department they leave and the manager of the department they enter; except, if in the judgment of the Company this privilege is abused, the Company will not be required to pay for such time spent in handling grievances. Signatures will not be required on the forms for 1111(a) and 1111(g).
51. There may be at least one (1) steward for each department on each shift. In the event there are more than seventy-five (75)employees in a department on a shift, there may be one steward for each seventy-five (75) employees and one (1) additional steward for any fraction thereof.
VOLUNTARY CHECKOFF
52. Section 1. For employees with seniority, the Company shall deduct the employee's Union dues, including initiation fee, upon receipt of a written authorization for such deductions from the individual employee. Such deductions shall be promptly remitted by the Company to the Secretary-Treasurer of UE Local 1111.
Section 2. Subject to applicable law, the check-off authorization of any employee shall be revocable by the employee in accordance with the provisions of the authorization form set forth below.
Section 3. The written authorization referred to in the previous paragraph shall be a card in the following form:
Voluntary Check-Off Authorization
TO ROCKWELL AUTOMATION, INC.
Effective Date ____________________
I do hereby assign to Local 1111, United Electrical, Radio & Machine Workers of America (UE) from my wages earned, or to be earned by me as your employee, an amount equal to U.E. Local 1111 membership dues, and such initiation fees, if payable, and to promptly remit same to Local 1111, United Electrical, Radio & Machine Workers of America (UE).
I hereby authorize and direct you to deduct such amounts as may be due by virtue of this assignment. Such deductions will be made on a weekly basis.
This assignment and authorization shall remain in effect until revoked by me and shall be irrevocable for a period of one year from the date hereof or until the termination of the collective bargaining agreement between the Company and the Union, whichever occurs sooner; and I agree and direct that this authorization shall be automatically renewed, irrevocable for successive annual periods of one year, unless written notice of its revocation is mailed by me to U. E. Local 1111, 939 South Second Street, Milwaukee, Wisconsin 53204 by regular mail, not more than ten (10) days prior to the expiration of each term of one year or prior to the termination of the applicable collective bargaining agreement between the Company and the Union, whichever occurs sooner. Such notices of revocation shall become effective for the month following the month in which such written notice was received by the Company.
Employee's Signature_______________Seniority Date______________
Department _______ Clock Number_______
Date_________ Shift______ Initiation Fee Yes _______ No_______
This form must be submitted to Labor Relations on or before the Tuesday for the beginning of the pay period.
53. Upon request of the Union, the Company shall grant to employees who are Union members, four (4) year's leave of absence without pay for the purpose of conducting Union business; provided, however, that in no event shall the number of employees granted such leave of absence at any one time exceed two (2) Union members. Upon completion of the leave of absence, such employees shall be reinstated with full retention of their seniority rights, to their former position or similar position at the going rate at the time of their return. If, at the expiration of the four (4) year leave of absence, employees on such leave of absence are engaged in Union activities which would suffer by the abrupt termination of such Union functions, an additional extension will be permitted by the Company. Seniority credit will be granted for extensions not to exceed two (2) additional years beyond the initial four (4) year leave of absence. Employees performing clerical work in the local Union office will not be counted against the limitation of two (2) Union members on Union leave at any one time.
54. All employees shall refrain from participation in Union matters during working hours, except as provided in this Agreement.
SENIORITY
55. Seniority as used in this Agreement means the relative position of employees as listed on the seniority list, which is an addendum to this Agreement. Such seniority list has provided for all past adjustments, and one's position on the list is determined by a seniority date which is the month, day and year from which the amount of seniority is calculated.
56. New employees shall be considered as probationary employees until they have served three (3) months continuous employment with the Company. Probationary employees do not have seniority during the three (3) months probationary period except relative to other probationary employees. At the expiration of the probationary period, such new employees shall acquire seniority from the date of hire. After one (1) month of employment, probationary employees may use the first three (3) steps of the grievance procedure except for grievances arising from transfers, discipline or discharge. Grievances involving probationary employees are not to go to arbitration. After one (1) month of employment, probationary employees shall be eligible for hospital and medical care insurance.
57. Hiring date means the first day worked, and for the night shifts, such day means the day ordinarily designated for the shift.
58. Part-time employees shall not acquire or accumulate seniority. For purposes of layoff the hire date would be used as the seniority date. A part-time employee is one who regularly works less time than the then current weekly work schedule of the employee's department, unless restricted by law or physical reasons from working such weekly work schedule.
During a period of layoff, full time employees who convert to part time status to avoid a layoff shall continue to acquire seniority for all time worked, provided, they return to full time status as soon as their seniority permits.
59. Employees hired for temporary or summer work do not acquire seniority unless they remain with the Company on a full-time basis. In such event, seniority shall start with their hiring date. Such employees may be dismissed at the end of the summer season even though they have been with the Company more than three (3) months.
60. The Company will keep seniority records and furnish a copy of the employee seniority list to the Union. This list will be provided bi-annually by February 1 and August 1 of each Contract year. The list will include clock number, name, hire date, birth date, job code, department, shift and base rate of pay. The Company will furnish the Union a record showing new employees, terminations, details on transfers, layoffs, and changes in the seniority list. The Company will post seniority lists in each department.
61. An employee ceases to have seniority and is removed from the seniority list if the employee quits, is discharged for cause, has been laid off for a period longer than the employee's seniority at the time of layoff, or does not return to work, when on layoff, within five (5) days after notice to return to work has been given the employee. Employees hired after 8-1-90 who are laid off with four (4) years or less of seniority shall have recall rights from layoff for a period of time equal to one hundred percent (100%) of the employee's seniority at the time of layoff. Those employees hired after 8-1-90 and who have four (4) years or more seniority shall have recall rights from layoff for a period of four (4) years or fifty percent (50%) of the employee's seniority at the time of layoff, whichever is greater. When an employee on layoff is recalled back to work and such employee is employed elsewhere and the employee so reports within five (5) days, the employee shall be given a reasonable time to terminate such employment and return to work, but such time shall not exceed thirty (30) days. If an employee because of sickness is unable to report for work within the five (5) day period, the employee may request a sick leave in accordance with the provisions of paragraph 93 provided the employee does so within the five (5) day period. An employee has the right to bypass any temporary recall.
62. Notice sent to an employee by registered mail to the employee's last known address shall constitute notice under this Agreement. When an employee's address or telephone number is changed, the employee shall notify the Employment Department of such change. If an employee fails to contact the Employment Department within thirty (30) days after the return of the registered letter, such employee's name shall be removed from the seniority list and notification be given to the Union.
63. When employees, including managerial and supervisory employees, are transferred to operations covered by this Agreement they shall be placed on the seniority list according to their seniority date as listed on the established Company seniority list. Employees who are transferred to operations covered by this Agreement but transferred from operations covered by this Agreement after 8/1/99, for purposes of promotions, transfers, downgrading, or layoff shall have their seniority adjusted to reflect only the time previously spent in the Bargaining Unit. Employees selected after August 1, 2002 for positions outside the bargaining unit of representation will not continue to have recall rights to the bargaining unit after being out of the bargaining unit for six (6) months. If such transferred employees have never previously been on operations covered by this Agreement, then, for purposes of promotion, transfer, downgrading, or layoff, their seniority date shall be the date on which they are transferred to such operations. No employees will be transferred to operations covered by this Agreement in departments from which there are employees transferred out of the department because of a shortage of work.
Employees who return to operations covered by this agreement shall receive maintenance of rate at 100% of current pay for 12 weeks, thereafter going to 90% of their current pay or the rate of the job, whichever is higher. Such employees will return to their home department if such department still exists and a job is available; otherwise employee will return to job available.
The Company and the Union agree that those employees who return to the Bargaining Unit under the provisions of the Labor Agreement to departments other than their home department, will be recalled to their home department in line of seniority. They will be treated the same as other employees who are slackwork transferred out of the department and will be recalled according to their seniority under the provisions of the Labor Agreement.
EMERGENCY LAYOFFS AND TRANSFERS
64. It is the policy of the Company to provide steady work for employees. When there is an interruption in the schedule of work and such interruption only necessitates temporary transfers of employees to other jobs, the Company will reassign the affected employees to other available work. Employees assigned temporarily to other work will continue to receive their straight time hourly earned rate of pay during the period of such temporary assignment. This will not preclude the Company from changing an employee's rate when such employee is transferred to another job according to other provisions of this Agreement or when such employee is reclassified to a different job.
65. When an interruption in the work schedule involves a large group of employees and necessitates layoffs, as well as transfers, such employees will be laid off and transferred on a temporary basis following seniority within the group of employees involved. In the event of such temporary layoff of employees, the Company will promptly confer with the Union regarding the need and extent of such layoffs and the advisability of proceeding under the provisions of this Agreement relating to extended layoffs. In the event the Union decides that the layoff should be on a plant-wide basis, the Company shall proceed with the laying off and transferring of employees on a plant-wide basis as provided in this Agreement.
EXTENDED LAYOFFS
66. When it becomes apparent to the Company that it will be necessary to have an extended layoff of employees on the seniority list or reduce working hours, it shall so notify the Union. The Union shall have ten (10) days in which to decide and notify the Company whether to lay off employees on the seniority list or reduce hours to thirty-five (35) hours per week, subject to the provisions of paragraphs 11 and 19. If the Union fails to advise the Company, hours shall not be reduced below the normal work hours.
The Company and the Union agree that we will discuss the feasibility and advantages of the voluntary layoff system during periods of slack work. The timing of the layoff, of the numbers involved, and the anticipated duration of the layoff, are all factors that need to be evaluated before a decision is made. The Company and the Union will meet and discuss the options available to us to meet the needs of both the employees and the Company. This will be consistent with past circumstances where we have discussed and agreed to a voluntary layoff system depending upon the circumstances.
67. If the Union decides not to reduce hours at the time when layoffs from the seniority list are first necessary, but later on decides that it desires to reduce hours, it may so notify the Company in writing and the Company shall within one (1) month, reduce to thirty-five (35) hours per week, subject to the provisions of paragraphs 11 and 19.
68. Employees shall be given seventy-two (72) hours written notice of extended layoffs.
69. When an employee is downgraded, but is not transferred out of the department, the employee shall be placed on the next lower job classification previously held by the employee in that department on the same shift that the employee is on at the time of downgrading, provided the employee does not displace employees of higher seniority and the employee is capable of performing the work according to the existing standards. If an employee has not held any other job classification, the employee will be placed on the available job after the previous adjustments are made.
After these adjustments, employees will be assigned to the other shifts. When an employee is displaced from the employee's job to make room for a qualified employee of higher seniority who has been downgraded or transferred, such displaced employee shall generally be the employee of least seniority holding the job classification in the department, the exception being the retention of sufficient employees qualified to do the job. If this downgrading procedure would result in the employee receiving a red circle rate under the provisions of paragraph 80, then the employee may be assigned to any work having a rate equal to or less than the employee's red circle rate, provided the employee does not displace an employee of higher seniority. This shall not, however, prevent the Company from using employees on a temporary basis for a reasonable time, as provided for in paragraph 37.
70. When work is short in a department, temporary, part-time, and probationary employees are to be transferred out of the department or laid off before transferring employees with seniority, except that any temporary, part-time, or probationary employee may be retained on their job if no other employee in the department is capable and willing to do such job.
71. When an employee with seniority is subject to layoff as a part-time employee, such employee shall have a choice of working full time or of being laid off.
72. When work is short in a department and it is necessary to transfer employees to departments where work is available, employees will be transferred according to their seniority. Any employee may be retained on their job if no other employee on that seniority list in the department is capable and willing to do such job.
73. When work is short in the plant, the Company shall terminate the employment of temporary, part-time, and probationary employees in the bargaining unit, after which employees with seniority may be laid off, except that any temporary, part-time, or probationary employee may be retained on their job if no other employee being considered for layoff or transfer due to shortage of work is capable and willing to do such job. Such retained employee shall be designated as a "retained employee" and the employee's name shall be placed on a "retained list".
When work is short in the plant permanent part-time employees in the Cafeteria at the time of transfer or layoff may be retained on their part-time job in the Cafeteria as if they had seniority from their date of hire. If work is short in the Cafeteria and such part-time employees must be laid off they shall accumulate seniority during such layoff as if they had seniority from their date of hire. For the purpose of scheduling vacations permanent part-time employees in the Cafeteria shall be considered to have seniority from their date of hire.
Full time employees who have worked as permanent part time Cafeteria employees since their last hire date may use their hire date as a seniority date for the purpose of transferring to permanent part time Cafeteria work.
Example: Hired (796)..........Part Time 6/1/70
Transferred (796)....Full Time 6/1/78
Layoff Pending.................6/1/80
Full Time Seniority = 2 Years
Permanent Part Time Seniority = 10 Years
74. When it is necessary to layoff employees with seniority, those employees with the least plant seniority will be laid off except that any employee in line for layoff may be retained on their job if no employee of higher seniority being considered for layoff or transfer due to shortage of work is capable and willing to do such job. Such retained employee's name shall be placed on the "retained list".
Skilled trade employees who are graduates of State of Wisconsin Certified Allen-Bradley Apprenticeship Training Programs or current Indentured Apprentices and who are no longer eligible for retention from layoff under the "retained employee" provisions of Paragraphs 74 or 77 of the Labor Agreement, may be re-assigned to "available" jobs in the plant and be retained for a period of up to eighteen (18) months from the date of assignment or the Company may elect to allow indentured apprentices to complete their program. Skilled trade employees whose trade is not offered as an indentured apprenticeship at Allen-Bradley, such as Carpenter, may be retained for a period of up to nine (9) months. Retention under this Agreement shall not count against the "ten percent (10%)" provision of Paragraph 77.
75. When it is necessary to transfer employees, due to a shortage of work, employees who are to be transferred from departments that are short of work will be given a choice, according to seniority, of available jobs if such employees have the required skill and ability and it is reasonably practical to do so. Otherwise such employees will be placed on available jobs taking into consideration seniority, skill and ability, rate of pay and shift. "Available jobs" are jobs that need to be filled after employees of least plant seniority have been laid off and adjustments have been made within each department, and those jobs held by "retained employees". However, if the transfer would result in the employee receiving a red circle rate under the provisions of paragraph 80, then the employee may be assigned to any work having a rate equal to or less than the employee's red circle rate, provided the employee does not displace an employee of higher seniority. This shall not, however, prevent the Company from using employees on a temporary basis for a reasonable time, as provided for in paragraph 37. If an employee is not capable of doing any of the available jobs according to the existing standards of the department, then such employee may be laid off.
76. Whenever work groups develop in which it would be impractical to transfer or lay off according to seniority, the Company will notify the Union of such situations. Thirty (30) days or more after such notification to the Union the Company shall only be required to transfer or lay off by seniority ten percent (10%) of any such designated work group during the first and second month of such transfer or layoff. During the third month, the Company will transfer or lay off at least fifteen percent (15%) of the number originally in the work group. During each succeeding month the Company will transfer or lay off twenty percent (20%) until all deviations from seniority have been eliminated, except that an employee may be retained on the employee's job if no other employee is capable and willing to do such job.
77. The Company shall have the right without regard to their seniority rating to retain or to call back to work after layoff, a limited number of employees who are clearly of unusual or special ability or talent exceeding that of employees of greater seniority. This number shall be limited to ten percent (10%) of the total number of employees laid off, figured from the day of the first layoff. The Company may also hire and place upon such ten percent (10%) list, similarly qualified employees if they have more ability or talent than those on the laid off list. A list of employees exempt from seniority shall be furnished to the Union. At the time of layoff, when employees are being considered for this exemption, the Union will be notified as to the names of those being considered and the Union can at that time offer any information to the management that might help in making a proper decision.
78. The Company shall have the right to transfer to operations coming under this contract, employees of special value to the Company, or for the purpose of employing such employees of value to the Company in their regular job. As such transfers are made, the contract shall apply to such transferred employees and their seniority under this contract shall be based upon their length of employment with the Company, the same as all other production employees. If such transferred employees have never previously been on operations covered by this Agreement, then, for purposes of promotion, transfer, downgrading, or layoff, their seniority date shall be the date on which they are transferred to such operations. No employees will be transferred to operations covered by this Agreement in departments from which there are employees transferred out of that department because of a shortage of work.
When such seniority of any such transferred employee is less than the seniority of any production employee then on the laid off list, and if such transferred employee is to be retained at work, the employee shall then be put on the ten percent (10%) list as above provided. The Company shall furnish the Union with the names of all employees on such list. These transferred employees must be employees with the least seniority in the intra-departmental group from which they are transferred.
79. An employee transferred from a department that is short of work to a department where work is available will be paid that rate of the job to which the employee is transferred that is closest to the rate which the employee was receiving on the job from which the employee was transferred.
80. When an employee with seniority is reclassified to another job and the employee's base rate would be reduced, the Company will maintain the employee's base rate at one hundred percent (100%) for three (3) years after such reclassification and thereafter the Company will maintain such employee's base rate at ninety percent (90%) providing the employee cooperates in the acceptance of job assignments.
This maintenance of rate only applies to downgrading from the employee's regular job which the employee held in the employee's home department at the time of the first downgrading. Maintenance of base rates will be calculated to the nearest cent. When the maintained rate of an employee is more than the job classification rate of the job on which the employee is working, such maintained rate shall be designated a "red circle rate".
An employee on a maintained rate may be placed where there is an opportunity to qualify for a job having a rate equal to or above such employee's red circle rate, but this does not give the employee priority over qualified employees with higher seniority where skill and ability are substantially equal. The purpose of this is to gradually place and to pay all employees in accordance with the job classification system provided by this Agreement. As such employee progresses in acquiring new skills, the employee will periodically be reclassified to a job consistent with the employee's normal work. If an employee is unable to qualify in a reasonable time for a job having a rate equal to or above the employee's maintained rate, the employee shall then be paid the rate of the job for which the employee does qualify.
81.a) When an employee has been reclassified to another job classification ```in the employee's department under the provisions of paragraph 80, the ```employee must return to any previously held higher job classification ```whenever such a job classification becomes open.
b) When an employee has been reclassified to a job classification in another department under the provisions of paragraph 80 and later there are job openings for which the employee is qualified in the employee's original department, the employee shall be transferred back in accordance with the employee's seniority, unless the employee has reached a job classification rate equal to or exceeding the employee's maintained rate under the provisions of paragraph 80. If the employee requests to remain in the department to which the employee was transferred, such request will be granted.
c) Those employees whose current slack work department assignments exceed two (2) years shall be given the option to make that department their home department. Maintenance of rate protection will not be affected by this move. They will therefore forfeit all prior recall rights. Temporary recall to home departments does not interrupt the two (2) year provision.
d) When an opening occurs within a department and people within the same job classification as the job opening are out of the department on slack work transfer, the following action will be taken:
1) If no increase in department manpower is required, the job will be posted and employees may sign the job provided they have higher seniority than employees who are presently out of the department on slack work transfers.
2) If additional manpower is required in the department, the job will not be posted. Slack work transferred employees will be recalled to available job openings according to seniority and the provisions of the Labor Agreement.
e) Employees who are laid off and subsequently recalled will return with the maintenance of rate provisions applied at the time of their original downgrading or layoff from their original job classification. For purposes of calculating the remaining maintenance of rate time period, time spent on layoff will be treated as if the employee had been at work.
f) Immediate loss of maintenance of rate will occur if an employee on maintenance of rate signs and accepts a department posting which pays less than the classification the employee currently holds unless the posting is for a different starting or stopping time other than the employee is on at the time of the posting.
82.When it is necessary to increase the size of the work force by calling back employees who have been laid off, they shall be recalled according to their seniority standing on the Bargaining Unit seniority list.
Permanent part time jobs, available at time of recall from layoff, will be offered to all eligible employees. Employees, who worked full time at the time of layoff, may bypass permanent part time openings, without forfeiting their position on the recall list. Permanent part time employees, at the time of layoff, must accept the available permanent part time job or be removed from the recall list and terminated.
Permanent part time employees are recalled based on their date of hire. They may only be recalled to available permanent part time jobs, unless they have worked full time since their last date of hire in which case their accrued seniority would be used to determine recall to a full time position but they must return to their permanent part time opening when it is available.
Those full time employees who challenged into permanent part time work as per paragraph 58, will be recalled as full time employees.
83. If a reduced schedule is in effect and all employees having seniority have not been called back to work, the Union may decide that a forty (40) hour schedule is to be put in effect before calling back all employees having seniority.
84. The Company shall have the right to hire new employees for jobs if no employee on the layoff list is capable and willing to do such jobs.
85. The Company shall have the right to hire new help to form a skeleton crew, in case a new product is added to the Company's line, provided no employees having seniority, and who have not been recalled after layoffs, are able to do the work up to the standard required by the Company.
86. When operating with decreased forces, the Company may operate certain departments overtime for reasonable periods in cases where the amount of additional work available is comparatively small or uncertain in duration.
87. In the event of layoffs, members of the Bargaining-Grievance Committee, the Secretary-Treasurer, the Sergeant-At-Arms, and the Trustees and Executive Board members, not to exceed a combined total of six (6) such Trustees and Executive Board members, if capable of performing the work required in any department with reasonable efficiency up to the existing standards of such department, and if responsible for contract administration or grievance like activity, shall not be laid off so long as any department is in operation. The Union shall certify to the Company on an annual basis the names of such persons within six (6) weeks of the election of officers. The steward of each department or shift if capable of performing work required in the steward's department or shift with reasonable efficiency up to the existing standards of such department or shift shall not be laid off or transferred. In the event that a steward is subject to downgrading which would remove the steward from the area the steward serves, the steward shall only be downgraded to jobs in, or adjacent to the area the steward serves. If Union officers or stewards have sufficient seniority to retain a job classification during a slackwork downgrading, they shall not be forced to change shifts to retain that job classification. The retention of job classification and shift must be consistent with other provisions of this Agreement relative to officers and stewards.
In the event that the Chief Steward second shift or the Chief Steward third shift is subject to downgrading, the Chief Steward second shift or the Chief Steward third shift shall remain on their shift. If the Vice President, Plant Chief Steward or Chief Steward for Skilled Trades is on second or third shift at the time of assuming such post, they shall be transferred to the first shift and shall remain on first shift as long as they retain such post.
At the time a slackwork transfer procedure begins, the number of Union stewards elected and serving at that time will be frozen for a period up to one year. This will protect the elected stewards from slackwork transfer during this one-year period. It will also provide for the same number of stewards for the one-year period to handle grievances resulting from slackwork movement of employees.
PROMOTIONS AND TRANSFERS
88. It is the policy of the Company to promote employees on the basis of seniority where skill and ability are substantially equal, in cases where it is reasonably practical to do so. If the employee is not capable of performing all tasks required in the job description the company and the union will discuss resolution through the grievance procedure.
89. When a job opening occurs in a department the job will be posted for no less than three (3) working days. The employees of that department will be considered for the job, consistent with the above policy of promotion.
90. When a job opening occurs and it is not filled from within the department as provided above, the job opening will be posted plant wide on three (3) common posting boards (outside Human Resources, Security, and Union Office). Forms and locked boxes will be provided. All plant wide job postings shall be posted at 3:00 p.m. on Wednesdays and taken down at 3:00 p.m. on the following Tuesday. After the position is accepted, the name and seniority date of the employee will be posted.
Any employee awarded a plant wide posting, whether the posting is accepted or declined, will not be allowed to bid again for six (6) months. The six month period may be waived for good business reasons at the judgment of the company if no one else posts for the position.
LEAVE OF ABSENCE
91. Each Union member selected as a delegate to any convention or conference upon request of the Union, shall receive a leave of absence for the reasonable period required to act as such delegate. Such leaves of absence shall not affect the employee's seniority rating and at the end of the leave of absence the employee shall be entitled to return to the employee's job in accordance with the employee's seniority rating and the rate of pay then in effect.
92. Employees having one (1) year or more seniority may request leaves of absence, not exceeding three (3) months for vacation or one (1) semester (maximum of five (5) months) for education. Leave of absence for vacation need not be granted if it includes part or all of the summer vacation period from Memorial Day to the Monday after Labor Day.
The Company shall grant such requests on a departmental basis, providing the number on leave at any one (1) time does not exceed one (1) employee or two percent (2%) of the employees of any department, whichever is greater, however, where there are subdepartments, such requests shall be considered on a subdepartmental basis. Such leaves of absence may be extended by the Company beyond three (3) months for vacation or five (5) months for education, such extended leaves shall not count against the department quotas as determined above. Seniority credit shall be given for the first three (3) or five (5) months but not for the extended part of the leave. Such leaves will be limited to one (1) three (3) month leave of absence for vacation or one (1) five (5) month leave of absence for education during any twelve (12) month period of time.
93. In cases where it is necessary for employees with seniority to be absent for more than two (2) weeks on account of sickness, they will be granted a leave of absence at their request, when substantiated by a doctor's certificate of necessity, and such leave will be extended at the end of each three (3) month period under the same provisions, unless the nature of the illness is such that the employee cannot reasonably be expected to comply with these provisions. In confinement cases the leave of absence shall be limited to six (6) months after birth. Full seniority credit shall be given for sick leave.
A leave of absence duration for the purpose of adopting a child will be based on the documented requirements of the adopting agency. In no case will the duration exceed twenty six (26) weeks. A leave of absence for adoption purposes will be unpaid, however, the employee will continue to earn vacation credit. Employees will pay one hundred percent (100%) of their monthly health insurance premium for the duration of their leave.
At the expiration of the six (6) months leave of absence for confinement cases, if the employee so requests it, up to an additional six (6) months vacation leave of absence will be granted.
94. Employees having a minimum of one (1) year of seniority shall, upon request, be granted a leave of absence not to exceed one (1) term of office plus one (1) year in order to serve as an elected Municipal, County, State or Federal Government official. Employees having a minimum of one (1) year of seniority shall, upon request, be granted a leave of absence to campaign for elective Municipal, County, State or Federal Office. Leaves of absence for campaigning may not exceed one (1) employee per department and shall not begin until the employee has filed valid nomination papers (or their equivalent if nomination papers are not required) and shall end on Election Day.
Upon completion of the leave of absence, such employees shall be reinstated with full retention of their seniority rights, to their former position or similar position at the going rate at the time of their return.
95. Unless otherwise specified by the insurance company, leaves of absence shall not cause cancellation of group insurance, provided, however, that employees shall pay the insurance premiums.
96. Employees on the seniority list, but who are not at work for any reason, may make such payments as may be required by the insurance company in order to prevent cancellation of group insurance.
DISCIPLINE
97. Employees may be disciplined only for just cause. The Union shall be notified of such discipline. The Union shall have the right to challenge the propriety of the discipline of any employee, and such discipline shall be considered a grievance to be dealt with in accordance with the grievance procedure and arbitration clause herein set forth if filed with the Company within five (5) working days of such discipline. In the event it is determined that an employee has been disciplined without just cause the employee shall be reinstated to the employee's former position with full compensation for the time off.
DISCHARGE
98. In the event that an employee is discharged from and after the date hereof, and the employee believes that he/she has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjusting grievances herein provided, but this shall not prevent the Company from placing the discharge in effect and discontinuing the service of such employee pending a settlement of the matter as herein provided. A written complaint of a discharged employee that the employee had been unjustly dealt with must be made to the Company within five (5) working days from the time of discharge, otherwise such discharge shall be final and the employee shall have no recourse.
In the event it should be decided under the rules of this Agreement that an injustice has been dealt the employee with respect to the discharge, the Arbitrator shall order reinstatement of the employee to the employee's former position with full compensation for the time off. All such cases of discharge shall be taken up within five (5) working days after complaint has been made. A duplicate copy of the employee's dismissal notice will be given to the Union the same time that it is given to the employee.
VACATIONS WITH PAY
99. As of the last Saturday of December of each year, employees will become eligible for vacation with pay according to the terms and provisions set forth in paragraphs 99 to 110 inclusive. Vacations will be taken during the vacation year from January 1st through December 31st.
100. The amount of vacation for each employee will be determined as of January 1st of each year as follows:
(a) Employees with one (1) year of plant seniority will be eligible for one (1) week of vacation.
(b) Employees with two (2) years of plant seniority will be eligible for two (2) weeks of vacation.
(c) Employees with six (6) years of plant seniority will be eligible for three (3) weeks of vacation.
(d) Employees with fifteen (15) years of plant seniority will be eligible for four (4) weeks of vacation.
(e) Employees with twenty (20) years of plant seniority will be eligible for five (5) weeks of vacation.
(f) Employees hired prior to August 1, 1990 will be eligible for one (1) additional day of vacation for each year of plant seniority in excess of twenty-four (24) years.
(g) Employees who fail to meet the requirements outlined above in sub-paragraphs (a) through (f) on December 31st, but who satisfy such requirements on the anniversary date of their plant seniority, will become eligible for the additional amount of vacation on their anniversary date.
(h) Employees who elect to retire under the provisions of the Pension Plan and are eligible for an immediate pension benefit to commence the first of the month following their retirement, shall have their hours worked since the previous December 31st credited for vacation purposes on a prorated basis.
The formula shall be as follows:
Vacation Eligibility as of the X Hours Worked Since the
Previous December 31 Previous December 31
2080
101. The terms and provisions outlined in paragraph 100 are subject to the following provisions:
(a) Employees absent from work more than three (3) months because of leave of absence or layoff and who return to work between September 1st and December 31st before the beginning of the vacation year will not be eligible for a vacation until they have worked two (2) months.
(b) Employees absent from work on January 1st because of leave of absence, layoff or military service will not be eligible for a vacation unless in the case of leave of absence or military service they return to work during that vacation year and unless in the case of layoff they return to work before November 1st of that vacation year. In the event of such return
(1) If the total absence up to the day of return to work was less than three (3) months, they will be eligible upon return to work.
(2) If the total absence up to the day of return to work was more than three (3) months, they will not be eligible until they have worked two (2) months. This shall not be applicable to absence due to military service.
(c) Employees absent from work on the anniversary date of their plant seniority because of leave of absence, layoff or military service will not be eligible for the additional amount of vacation as outlined in paragraph 100(g) unless they return to work during the vacation year in which the anniversary date occurs. In the event of such return
(1) If the total absence up to the day of return to work was less than three (3) months, they will be eligible upon return to work.
(2) If the total absence up to the day of return to work was more than three (3) months, they will not be eligible until they have worked two (2) months. This shall not be applicable to absence due to military service.
(d) Employees who become eligible for a one (1) week vacation on the first anniversary date of their plant seniority will not be eligible for another vacation until they have worked four (4) additional months.
102. Vacations are earned by working. Employees who work the equivalent of eighteen (18) two (2) week pay periods in a year will be eligible for a full vacation on January 1st as provided in paragraph 100. Employees who fail to work the equivalent of eighteen (18) two (2) week pay periods in one (1) year will have their vacation scaled down according to the number of hours they worked as follows:
1440 hours or more (18 or more pay periods)........Full Vacation
1120 to 1440 hours (14 to 18 pay periods)..........4/5 of vacation
800 to 1120 hours (10 to 14 pay periods)...........3/5 of vacation
480 to 800 hours (6 to 10 pay periods).............2/5 of vacation
160 to 480 hours (2 to 6 pay periods)..............1/5 of vacation
0 to 160 hours (less than 2 pay periods)...........No vacation
The year for determining hours worked for the above schedule shall be the twenty-six (26) two (2) week pay periods ending with the September 30th before the start of the vacation year. In the case of new employees their hours worked will be calculated for the first twenty-six (26) two (2) week pay periods of their employment.
103. The hours paid for each week of vacation will be the greater of:
(a) The average of the hours worked by the employee during the twenty-six (26) pay periods ending nearest September 30th before the start of the vacation year (but not to exceed fifty (50) hours per week). This average will be computed by dividing the total hours worked during the twenty-six (26) pay periods ending nearest September 30th by fifty (50).
(b) The employee's normal weekly working schedule (32, 35, 37-1/2, or 40) in effect at the time the employee takes the vacation. Part-time workers will only be paid for their normal weekly working schedule.
The hours paid for a single day of vacation will be one fifth (1/5) of the pay for a week of vacation as provided above.
Vacation hours for vacation payment for employees transferring from full time to part time or part time to full time will be determined as follows:
1) Employees transferring from full time to part time will be paid vacation hours as earned by working the previous year.
Example: Employee worked full time in 1978 - vacation hours for 1979 = 42/wk. Employee transfers to part time in 1979 - will be paid 42 hours for each week of vacation.
2) Employees transferring from part time to full time will be paid vacation hours as earned by working the previous year.
Example: Employee worked part time in 1978 - vacation hours for 1979 = 22/wk. Employee transfers to full time in 1979 - will be paid 22 hours for each week of vacation.
104. Vacation pay will be calculated on the basis of the employee's straight time hourly earned rate of pay plus shift differential.
105. For the purpose of calculating hours worked, in paragraphs 102 and 103, time on (1) paid vacations, (2) paid holidays, (3) paid funeral absence, (4) jury duty, (5) layoff, (6) military service, (7) paid sickness and personal time off, (8) time out because of accident or illness covered by Accident and Health Insurance up to a maximum of twenty-six weeks, (9) time out because of accident covered by Worker's Compensation, and (10) all unpaid time off granted in compliance with Federal and/or State of Wisconsin Family and Medical Leave Acts shall be considered as time worked. These allowances will be based on the employee's normal working schedule in effect when the employee was absent.
106. Vacations of less than three (3) weeks may be divided into four (4) periods. A vacation of three (3) weeks may be divided into five (5) periods. A vacation of four (4) weeks or more may be divided into six (6) periods. Vacation time taken during January through May shall not be considered in applying these divisions of vacation. In addition up to five (5) days of vacation can be scheduled in four (4) hour segments. Any further division must be arranged with the manager.
107. Vacation time may be applied to time lost due to sickness not compensable under the Accident and Health Insurance Plan. Portions of such time cannot be applied on more than two (2) occasions. If full vacation time is so applied against time off for sickness, no further vacation will be allowed.
108. The Company will give consideration to requests from employees who wish to accumulate whatever vacation they are entitled to in one (1) year to be added to whatever vacation they are entitled to in the following year, provided, the employee is not carrying over more than four (4) weeks of vacation and such requests are not excessive in number.
109. Vacations must be arranged with the manager so as not to interfere with the work. Employees having the greatest seniority in the department will have first choice, providing the choice is made:
(a) Before November 1st for the period from January 1st to April 30th inclusive.
(b) Before March 1st for the period from May 1st to December 31st inclusive.
On September 15th of each year, the Company may assign a vacation period to all employees who have not scheduled all of their vacation. Such vacation assignments need not be confined to the current vacation year, but may be assigned into the following year if necessary to avoid interfering with the work and other scheduled vacations.
In order to provide opportunities for all employees to take summer vacations, it is agreed that any employee who takes more than two (2) weeks of vacation during the period from Memorial Day to the Monday after Labor Day of one (1) year shall be entitled to no more than two (2) weeks of vacation during the period from Memorial Day