The meanings of certain terms used in this
Article 6 and elsewhere in this Agreement are stated below:
6.1(a) Base Rate. An employee's hourly rate of pay determined
under the applicable provisions of Sections 6.2 and 6.3, excluding all
allowances, differentials, adjustments, bonuses, awards, and premiums.
6.1(b)
6.2(a)
|
LABOR GRADE |
MINIMUM |
MAXIMUM |
|
11 |
$19.72 |
$33.83 |
|
10 |
$18.72 |
$32.82 |
|
9 |
$17.72 |
$31.94 |
|
8 |
$16.72 |
$30.97 |
|
7 |
$15.72 |
$29.98 |
|
LABOR GRADE |
MINIMUM |
MAXIMUM |
|
6 |
$14.72 |
$29.04 |
|
5 |
$13.72 |
$28.06 |
|
4 |
$12.72 |
$27.13 |
|
3 |
$11.72 |
$26.20 |
|
2 |
$10.72 |
$25.22 |
|
1 |
$ 9.72 |
$24.28 |
6.2(b) Employees on the
Active Payroll on September 1, 2005.
Effective September 2, 2005, the base rates for employees who on
September 1, 2005, were on the active payroll shall be increased by folding
into the base rates the twenty-nine (29) cents of Cost of Living Adjustment
being paid September 2, 2005.
6.2(c) New Hires. All employees who enter
the bargaining unit on or after September 2, 2005, with a seniority date of
September 2, 2005, or later (and those employees whose seniority is reinstated
under Section 14.4), will be paid a base rate within the base rate range
established by Section 6.2(a) for their labor grade.
6.2(d) Recalls from
Layoff and Downgrade. Effective September 2, 2005, an employee who
is recalled from layoff or downgrade through the exercise of Category A rights,
will have the following base rate:
6.2(d)(1) If the employee is recalled to the same labor
grade from which he/she was laid off and he/she was at the maximum rate at the
time of layoff, he/she will be paid at the maximum rate, otherwise, he/she will
be paid the base rate and the cost of living adjustment in effect on the date
of his/her layoff, provided that, if cost of living adjustment has been added
to base rates and made a part thereof since the employee's layoff, the cost of
living adjustment in effect on the date of the employee's layoff shall be
similarly added to his/her base rate.
6.2(d)(2) If the employee is
recalled to either a higher or lower labor grade than the one from which he/she
was laid off, his/her base rate will be determined first by treating him/her as
though he/she had been recalled to the same labor grade under Section 6.2(d)(1)
and then reclassified under Section 6.3(c).
6.2(d)(3) If the employee is recalled to the previously
held labor grade following downgrade, and the employee was not at the maximum
rate at the time of downgrade, then he/she will be paid the same base rate held
at the time of downgrade, provided that, if a cost of living adjustment has
been added to base rates and made a part thereof since the employee’s
downgrade, the cost of living adjustment in effect on the date of the
employee’s downgrade shall be added to his /her base rate.
6.2(d)(4) If an employee is downgraded due to surplus and
is subsequently promoted to a higher labor grade than previously held, he/she
shall be paid at least the same base rate held at the time of downgrade, plus
any increase for promotion to which he/she may be entitled under Section
6.3(a).
6.2(e) Returns from
Leaves of Absence. An employee on approved leave of absence who
returns to the active payroll will have the following base rate:
6.2(e)(1) If the leave of absence was granted due to
industrial injury or industrial illness, military service, or to accept a
full-time Union position, the employee's base rate will be equal to the base
rate he/she would have had if he/she had not been on a leave of absence.
6.2(e)(2) If the leave of
absence was granted for any other reason, his/her base rate will be determined
as though he/she had been recalled from layoff under Section 6.2(d).
6.3(a) Seniority
Progression Increases. On the Friday
immediately preceding their six (6)-month anniversary of the date of hire or
date of the last seniority progression increase, employees below the rate range
maximum for their labor grade shall, subject to such maximum, receive a
seniority progression increase to their base rate of fifty (50) cents. Employees shall automatically progress to the
base rate range maximum upon their twelfth (12th) seniority progression
increase. Employees on approved leave of
absence will continue to accrue time toward their next six (6)-month progression
increase for the first ninety (90) days of the leave. Employees recalled from layoff within one (1)
year will be credited with any time they had prior to their layoff toward their
next six (6)-month progression increase.
6.3(b) General Wage Increase. No general
wage increases will be granted.
6.3(c) Base Rates After
Reclassifications. Subject to the base rate ranges provided for
in Section 6.2(a), employees who are promoted will have their base rate
increased by fifty-six (56) cents for each labor grade they are promoted and
employees who are downgraded will have their base rate decreased by fifty-six
(56) cents for each labor grade they are downgraded.
6.3(d) Rate Retention. The base rate of an employee who, under
Article 22, accepts downgrade rather than electing layoff shall be, for the
ninety (90) calendar-day-period after the downgrade, a
rate that is not less than the rate he/she held immediately preceding the
downgrade. However, this provision shall
not apply to any period of employment within a bargaining unit covered by this
Agreement after termination, layoff, employee-requested downgrade or transfer
to a unit or group to which this Agreement does not apply within the ninety
(90)-day period with the following exception:
if such an individual is recalled from layoff to a job title to which
he/she had been downgraded, and the recall occurs less than ninety
(90)-calendar-days after such downgrade, he/she will receive rate retention
prospectively for the portion of the ninety (90)-calendar-day period that
remained at the time of layoff. If an
employee receives a Temporary Promotion (as provided in Section 22.1(q)) to the
job title from which he/she was most recently surplused
and the employee is receiving rate retention pay as a result of such downgrade,
the 90-calendar-day period will be extended one (1) day for each day of such
Temporary Promotion.
6.4(a) Employees covered by this Agreement shall receive Cost of
Living Adjustments to the extent such adjustments become effective under and in
accordance with all of the terms, conditions and limitations stated in this
Section 6.4.
6.4(b)
Determination of Cost of Living Adjustments.
6.4(b)(1) Determination of the
potential Cost of Living Adjustment shall be made in reference to the new
series "All City Average of the Consumer Price Index for Urban Wage
Earners and Clerical Workers" published by the Bureau of Labor Statistics,
U.S. Department of Labor, with the following base period: 1982-84 = 100, such index being referred to
herein as the BLS Index.
6.4(b)(2) During the life of
this Agreement, subject to the proviso stated below, a Cost of Living
Adjustment shall be computed by using (1) 190.4 (the three-month average of the
BLS Index for May, June and July, 2005) as the base and (2) the formula 1 cent
= .075 percent change in the appropriate three-month average of the BLS Index,
as shown in the table below:
Effective
Date of
|
Based Upon the Average
of the Three-Month BLS
Consumer Price Indexes for |
|
December
2, 2005 |
August,
September, October 2005 |
|
March
3, 2006 |
November,
December 2005, January 2006 |
|
June
2, 2006 |
February,
March, April 2006 |
|
September
1, 2006 |
May,
June, July 2006 |
|
December
1, 2006 |
August,
September, October 2006 |
|
March
2, 2007 |
November,
December 2006, January 2007 |
|
June
1, 2007 |
February,
March, April 2007 |
|
September
7, 2007 |
May,
June, July 2007 |
|
December
7, 2007 |
August,
September, October 2007 |
|
March
7, 2008 |
November,
December 2007, January 2008 |
|
June
6, 2008 |
February,
March, April 2008 |
6.4(b)(3) Any quarterly Cost of Living Adjustment shall
be added to or subtracted from any quarterly Cost of Living Adjustment already
paid during the life of this Agreement, subject to Section 6.4(c), provided,
however, a Cost of Living Adjustment generated in any particular quarter
shall be payable only to those employees who, on an Effective Date of Potential
Adjustment, are on the active payroll or on leave of absence for less than
ninety (90) days.
6.4(b)(4) If the BLS Index is revised or discontinued,
the parties shall attempt to determine an appropriate Index figure by agreement
and, if agreement is not reached, the parties shall request the Bureau of Labor
Statistics to make available a BLS Index in its present form for the appropriate
date or dates and calculated on a comparable basis.
6.4(c) Cost of Living Adjustments shall not be added to or subtracted
from any employee's base rate, except as herein provided:
On September 1, 2006, the Cost of
Living Adjustment being paid to employees on that date under Section 6.4 shall
be added to the employees' base rates and made a part thereof. On September 7,
2007, the Cost of Living Adjustment being paid to employees on that date under
Section 6.4 shall be added to the employees' base rates and made a part
thereof.
Any Cost of Living
Adjustment payable during the life of this Agreement shall be added only to
each employee's straight time hourly earnings.
The applicable Cost of Living Adjustment shall be included in computing
overtime payment, third-shift bonus, vacation and holiday payment, sick leave
payment and report time payment.
The base rate maximums
set forth in Section 6.2(a) shall be increased on each date set forth above.
6.5(a) An employee assigned to the second shift shall
receive a shift differential of seventy-five (75) cents per hour which shall be
added to his/her base rate and made a part thereof.
6.5(b) An employee assigned to the third shift shall receive a shift
differential of ten (10) cents per hour which shall be added to his/her base
rate and made a part thereof.
6.5(c) An employee assigned to work a non-regular
workweek (other than Monday through Friday) as provided in Section 5.1 of this
Agreement shall have seventy-five (75) cents per hour added to his/her base
rate and made a part thereof while so assigned.
6.5(d) An employee who works a third shift of six and
one-half (6-1/2) hours will receive a bonus equivalent to one and one-half
(1-1/2) hours' pay at his/her base rate.
A prorated portion of that bonus will be paid when the employee works
less than six and one-half (6-1/2) hours on a regular third shift.
6.6(a) An employee absent from work due to (1) required
jury duty (including grand jury duty), (2) to testify as a witness for the
Company, (3) to respond to a subpoena to appear as a witness in any legal
proceeding, (4) to appear at an arbitration resulting from the referral, by a
court, for a lawsuit that has been filed with the court (excluding arbitration
pursuant to a Collective Bargaining Agreement or other contractual provisions)
or (5) to respond to a subpoena to appear for a deposition will be paid for
such lost hours at his/her current straight time rate, including any applicable
Cost of Living Adjustment, up to a maximum of eight (8) hours per day, for each
regular work day of required jury or witness duty. Employees will be excused from their
scheduled shift for each day they serve.
If substantial time is remaining in the work schedule after release from
jury duty or witness service, allowing for meal and travel time, employees
should return to work. Second and third shift employees summoned to jury or
witness duty will be temporarily assigned to first shift on a weekly basis
during the time required to serve. Fees
received for jury or witness duty will not be deducted from such pay. To be eligible for time off with pay, the
employee must furnish a copy of this summons or subpoena to management, before
the appearance, to indicate that the absence from work as necessary to appear
for a jury duty or to serve as a witness.
In addition, management may require verification of such appearance. An
employee is not entitled to pay under this Section 6.6(a) in circumstances
where the employee (1) is called as a witness against the Company or its
interests; or (2) is called as a witness on his/her own behalf in an action in
which he/she is a party; or (3) voluntarily seeks to testify as a witness; or
(4) is a witness in a case arising from or related to his/her outside
employment or outside business activities; or (5) is subpoenaed as a witness
while on leave of absence except when serving as a Company witness.
6.6(b) An employee who is a member of a reserve component of the
Armed Forces, who is absent due to required active annual training duty or
temporary special services duty, shall be paid his/her normal straight time
earnings, including shift differential and Cost of Living Adjustment where
applicable, up to a maximum of ten (10) workdays each calendar year. An employee who, because of schedule
adjustments by the reserve component, receives orders to report for two (2)
training periods in one (1) calendar year may receive time off with pay in
excess of the ten (10)-day annual maximum provided that the total time off with
pay does not exceed twenty (20) workdays in a two (2) consecutive year period
(either current and previous calendar years or current and following calendar
years) and the employee was a member of the reserve component during both of
the applicable consecutive years.
Employees with military orders to serve additional days of duty will be
excused on unpaid authorized leave of absence.
The amount due the employee under this Section 6.6(b) shall be reduced
by the amount received from the government body identified with such training
duty or services, for the period of such duty (up to the maximum period
mentioned above). Such items as
subsistence, uniform and travel allowance shall not be included in determining
pay received from state or federal government.
6.6(c) Up to three (3) days bereavement leave with pay
will be granted to an employee on the active payroll who, because of death in
his/her immediate family, takes time off from work during his/her normal work
schedule as such term is defined in Section 5.1 of this Agreement. Such pay shall be for eight (8) hours at
his/her straight time base rate, including shift differential and Cost of
Living Adjustment where applicable for each such day off; however, such pay
will not be applicable if the employee receives pay for such days off under any
other provision of this Agreement.
Bereavement leave must be taken on consecutive workdays as selected by
the employee within twenty (20) calendar days following the death (or evidence
of belated notification of death). For
the purposes of this Section 6.6(c) the "immediate family" is defined
as follows: spouse, mother, father,
mother-in-law, father-in-law, children, brother, sister, son-in-law,
daughter-in-law, great-grandparents, grandparents, grandchildren, stepmother,
stepfather, stepchildren, stepbrother, stepsister, half brother, half sister
and spouse's grandparents. In addition,
an employee will be granted bereavement leave for a stillborn child if the
employee provides a certificate of fetal death which has been certified by the
attending physician.
In cases of dismissal or suspension of an
employee because of writs of garnishment served upon the Company in litigation
involving claims of third parties against such employee, such a dismissal or
suspension will be treated as a dismissal or suspension under Section 19.3 and
will be subject to the grievance procedure and other provisions of Article 19.
Paydays for employees under this Agreement on
all shifts shall be on or before Thursday of every second week at which time
they will be paid through Thursday of the preceding week, except when
circumstances intervening beyond the Company's control make such practice
impossible.
If an employee reports for work in accordance
with instructions, he/she shall receive a minimum of eight (8) hours pay at
his/her straight time base rate, including shift differential and Cost of
Living Adjustment where applicable.
Report time will not apply in case of emergency shutdowns arising out of
any condition beyond the Company's control.
An employee who leaves work of his/her own volition, or because of
incapacity (other than industrial injury or illness), or is discharged or
suspended after beginning work, will be paid only for the number of hours
actually worked during that day. An
employee who leaves work because of incapacity due to industrial injury or
illness will be paid eight (8) hours pay at his/her straight time base rate,
including shift differential and Cost of Living Adjustment where applicable.
6.10(a) The Company will first attempt to meet its overtime
requirements on a voluntary basis from among employees who normally perform the
particular work activity on a straight time basis; however, in cases of
selective overtime new hires or rehires may be excluded for the first fifteen
(15) calendar days of their employment.
In the event there are insufficient volunteers to meet the requirement,
the supervisor may designate and require the necessary number of employees to
work the overtime.
6.10(b) Overtime Scheduling
Procedures for Extended Workday or Workweek.
(1) The normal practice for the advance scheduling
of overtime within the shop and shift will be to:
(a) First, ask the employee regularly assigned to
either the machine, job, crew or position providing the employee is in
attendance when the overtime is being assigned, provided, however, that the
Company may designate that employee to work the overtime before proceeding to
Subparagraph 6.10(b)(1)(b).
(b) Then, ask other qualified employees in the
same job classification who are in attendance when the
overtime is being assigned.
(c) If sufficient volunteers are not obtained, the
Company may designate any employee to satisfy remaining requirements.
(2) Management may exclude an employee from
overtime, even if the employee is in attendance when the overtime is being
assigned, if:
(a) The employee has been absent during the week,
except for sick leave, jury duty, witness service, bereavement leave, military
leave, authorized Union business, previously scheduled vacation or absence due
to industrial injury or illness.
(b) An employee is asked to work overtime
(Saturday and/or Sunday) and is subsequently absent due to illness or
bereavement leave on the workday preceding the
overtime day.
(c) Two (2) consecutive weekends have been worked
by the employee.
(d) One hundred twenty-eight (128) overtime hours
have been worked in the budget quarter.
(e) Eight (8) overtime hours have been worked on
the Saturday or the Sunday.
(f) An employee's schedule performance or work quality
is currently documented as being deficient.
(3) If the whole shift of a shop/functional
area/crew or position is scheduled to work a six (6) or seven (7)-day week, all
employees in the shop/functional area/crew or position will be required to
report for weekend work, regardless of whether or not they were absent during
the week, except when an employee has previously scheduled the use of vacation,
bereavement leave or military leave on Friday preceding the weekend, or unless
Sections (2)(c), (2)(d) or (2)(e) of this Section 6.10(b) apply.
6.10(c) The following subparagraphs of this Section 6.10(c) shall apply
to continuous work periods (continuous except for lunch and rest periods) that
begin at or after 10:00 P.M. Sunday (or the day treated as the employee's
Sunday under Section 5.1) and prior to 6:01 P.M. Friday (or the day prior to
the day treated as the employee's Saturday under Section 5.1):
6.10(c)(1) Time worked within an assigned shift period shall be
compensated at straight time rates.
6.10(c)(2) For time worked outside of his/her assigned
shift, by an employee on first or second shift, an employee shall be paid one
and one-half times his/her base rate for the first two (2) hours and double
his/her base rate thereafter.
6.10(c)(3) For time worked outside of his/her assigned
shift, by an employee on third shift, an employee shall be paid one and
one-half times his/her base rate for the first one and one-half hours and
double his/her base rate thereafter.
6.10(d) The following subparagraphs of this Section 6.10(d) shall apply
to continuous work periods (continuous except for lunch and rest periods) that
begin at or after 6:01 P.M. Friday (or the day prior to the day treated as the
employee's Saturday under Section 5.1) and prior to 10:00 P.M. Sunday (or the
day treated as the employee's Sunday under Section 5.1):
6.10(d)(1) In any continuous
period of work (continuous except for lunch periods and rest periods) the work
will be deemed to have been performed on the shift and day shown below:
If Work Period Starts |
Shift |
Day |
|
6:01 P.M. Friday through |
3rd |
Saturday |
|
1:31 A.M. Saturday through |
1st |
Saturday |
|
10:01 A.M. Saturday through |
2nd |
Saturday |
|
6:01 P.M. Saturday through |
3rd |
Sunday |
|
1:31 A.M. Sunday through |
1st |
Sunday |
|
10:01
A.M. Sunday through |
2nd |
Sunday |
6.10(d)(2) For the first eight
(8) hours of work by an employee on the first day of his/her two (2)
consecutive days of rest, who is assigned on that day to work the first or
second shift, such employee shall be paid one and one-half times his/her base
rate for that shift and double such base rate thereafter.
6.10(d)(3) For the first six
and one-half (6-1/2) hours of work by an employee on the first day of his/her
two (2) consecutive days of rest, who is assigned on that day to work the third
shift, such employee shall be paid one and one-half times his/her base rate for
that shift and double such base rate thereafter.
6.10(d)(4) Any time worked on the second day of an
employee's two (2) consecutive days of rest shall be paid for at double his/her
base rate for such shift and such double time shall remain in effect for all
hours continuously worked.
6.10(e) In lieu of the provisions of Sections 6.10(c) and 6.10(d),
overtime worked in any of the following circumstances shall be paid at double
the employee's base rate:
(1) more than one hundred
sixty (160) overtime hours in the budget quarter; or
(2) on
a weekend immediately following three (3) consecutive weekends worked by the
employee.
Employees shall be paid for time worked computed
to the nearest one-tenth hour.
When employees are assigned to work in a higher
or lower labor grade the new pay rate shall be effective in the employee's
paycheck not later than the third payday subsequent to the date on which the
new assignment is made.