The meanings of certain terms used in this Article 22 and
elsewhere in this Agreement are stated below:
22.1(a) Category
A - Refers to
the rights of those qualified employees with seniority who have been affected
by a surplus:
22.1(a)(1) who have worked under or been
assigned to the open job title or higher classification thereof on other than a
"temporary promotion" basis for ninety (90) or more calendar days
within or immediately prior to the following time periods preceding the date of
selection of an eligible individual to fill the open job title:
A. for employees with five (5) or more years of
seniority if the downgrade/layoff occurred after September 11, 2001 and prior
to September 11, 2004, an eight (8) year period;
AB. for employees with five (5) or more
years seniority, a seven (7)-eight (8)-year
period;
BC. for employees with three (3) or more
but less than five (5) years seniority, a five (5)-year period;
CD. for employees with one (1) or
more but less than three (3) years seniority, a three (3)-year
period;
E. for employees with less than one (1) year seniority, a one (1)-
year period; and
22.1(a)(2) who have on file an effective
application to the Personnel Section for the open job title; and
22.1(a)(3) who are on layoff or who are
assigned to a lower labor grade than that of the open job title; and
22.1(a)(4) who have not resigned or been
terminated for reasons other than layoff since holding the open job title or
higher classification thereof; and
22.1(a)(5) who have not been demoted from
the open job title at their request; and
22.1(a)(6) who have not been demoted or
laid off because of not being suited for work in the open job title.
NOTE: Employees will, within thirty
(30) days of the effective date of their layoff or downgrade, be notified of
the job titles for which they may have Category A eligibility. Failure of the Company to provide such a
notice shall not relieve the employee from his/her obligation to exercise
whatever Category A rights he/she may have.
In establishing Category A rights, qualified employees in Puget Sound
who are on layoff may select the Puget Sound location(s) ( Site,
22.1(b) Category
B - Refers to
those qualified employees:
22.1(b)(1) who are currently assigned to
and have worked in the next lower step in the normal line of promotion for
which the opening exists for the ninety (90) calendar days immediately
preceding the selection of an eligible individual to fill the open job title,
and
22.1(b)(2) who have on file an effective
application to the personnel section for the open job title and designated
shift; and
22.1(b)(3) who have not been demoted from
the open job title at their request during the preceding ninety (90) days; and
22.1(b)(4) who have not been demoted
because of not being suited for work in the open job title during the preceding
twelve (12) months.
22.1(c) Downgrade - Refers to the
reclassification of an employee to a lower labor grade.
22.1(c)(1) Employee
Requested Downgrade
- refers to a downgrade initiated by the employee. (An employee who expresses a desire for an
employee-requested downgrade may have his/her steward or business
representative present during any formal discussion of the proposed action.)
22.1(d) Effective
Application -
Refers to an application for work in an open job title by an employee at
his/her assigned primary or remote location or by an employee on layoff at the
primary or remote location from which he/she was most recently assigned. Such application shall become effective
within five (5) workdays after it is received by Personnel Records. Category B applications will remain in effect
until cancelled or changed at the employee's request, or until such time as the
employee is reclassified to the job title, or the employee rejects an offer of
a job for which he/she has filed or the employee is relocated to a different
Primary Location covered by this Agreement, whichever occurs first. Category A applications will remain in effect
for the duration of Category A eligibility unless cancelled or changed at the
employee's request, or until such time as the employee is returned from layoff,
or the employee is reclassified to the job title, or the employee is extended
an offer, or rejects an offer of a job for which he/she has filed or the
employee is relocated to a different primary location covered by this
Agreement, whichever occurs first. An
employee who rejects a job offer for which he/she has downgrade rights and
elects layoff may not file a Category A application, to the job offered and
rejected. If such rejection of job offer
does not result in layoff, there will be no requirement that he/she again be
considered for that job title unless the employee refiles an application at any
time ninety (90) or more calendar days after he/she declines the job offer.
NOTE: In establishing Category B
rights, qualified employees in the Puget Sound area shall select the Puget
Sound location(s) (Seattle, the Developmental Center, Frederickson Site,
Kent, Auburn, Renton or Everett), and the shift to which their Category B
rights will apply.
22.1(e) Emergency
Classification
- Refers to the temporary reclassification of an employee when the Company
finds it necessary to assign a higher-graded employee to perform lower-graded
work. Subject to the provisions of
Section 22.6(b), such employees shall gain downgrade rights. In each instance the employee will be
notified at time of assignment and the
22.1(f) Job
Title or Job -
Refers to, as a composite unit, The Boeing Company title, number, and
description of the job.
22.1(g) Job
Family - Refers
to two (2) or more jobs having the same job title number, except for that part
of the job title number that identifies the labor grade level of the job.
22.1(h) Lateral
Reclassification
- Refers to the reclassification of an employee from one job title to another
job title in the same labor grade.
22.1(i) Lateral
Transfer -
Refers to the transfer of an employee from one organization to another without
change of job title.
22.1(j) Normal
Line of Promotion
- Refers to the channel of promotion established by the Company from one job
title to another, within the same job family.
A complete initialed and dated list of job titles as of the effective
date of this Agreement has been furnished to the
22.1(k) Normal
Line of Promotion Designated Candidates - Refers to a less senior employee selected to fill a
normal line of promotion opening. Normal
line of promotion designated candidates will be limited to 0.75 percent of the
bargaining unit headcount at Seattle-Renton,
22.1(l) Open
Job Title -
Refers to a job title in which the Company determines, subject to Section 22.7,
that additional employees are needed in excess of those assigned to such job
title:
22.1(l)(i) by returning employees from
leave of absence; or
22.1(l)(ii) by reclassifying apprentices; or
22.1(l)(iii) by lateral transfer; or
22.1(l)(iv) by lateral reclassification; or
22.1(l)(v) by transferring employees
involving lateral reclassifications; or
22.1(l)(vi) by downgrading or demoting
employees on the active payroll; or
22.1(l)(vii) by temporary promotion; or
22.1(l)(viii) by transferring employees from
one Primary Location or Remote Location to another Primary Location or Remote
Location; or
22.1(l)(ix) by returning employees to the
bargaining unit from non-supervisory positions outside the bargaining unit; or
22.1(l)(x) by emergency classification; or
22.1(l)(xi) by returning employees from disability retirement or who
have been demoted or laid off due to the employee’s medical recommendation.
The Company may make such
assignments, transfers, changes, downgradings and demotions, and temporary
promotions, without restriction except with regard to certain Category A
employees as provided in Section 22.7 and except as otherwise hereinafter
provided in this Article 22.
22.1(m) Opening - Refers to a single unfilled
job in an "open job title" and the opening shall be deemed to be
closed at the time the Personnel Section designates the eligible individual or
employee entitled to consideration for the job.
22.1(n) Organization - Refers to an
alpha/numerically identified segment of the Company.
22.1(o) Promotion - Refers to the action of the
Company in moving an employee from his/her current labor grade to a higher
labor grade.
22.1(p) Surplus - Refers to an action involving
reduction in force within a job title which action results in a layoff,
downgrade or lateral of affected employees.
22.1(q) Temporary
Promotion -
Refers to a promotion remaining in effect for a period of not more than thirty
(30) consecutive calendar days, or for ninety (90) consecutive calendar days if
the promotion is a direct replacement for an employee on medical leave of
absence, travel assignment, or temporary supervisory assignment, or for such
longer period as may be designated by mutual agreement between the Company and
the
22.1(r) Employee
Requested Transfer (ERT) System - A system which allows Company employees to be considered
for open job titles and lateral transfers within the bargaining unit. A pool of candidates will be established
through application of minimum criteria developed by the Company and
administered through the Quality Through Training IAM/Boeing
Joint Programs.
NOTE: In the event an employee declines to accept
an offer for a job for which he/she has filed an effective application, there
will be no requirement that he/she again be considered for that job unless the
employee refiles an application at any time ninety (90) or more calendar days
after he/she declines the offer.
The surplusing procedures later specified in this Article 22
make various references to the use by the Company of
"retentions." A
"retention" is the retaining, in a job title in which a surplus has
been declared by the Company, of an individual whose seniority position would
have caused him/her to have been surplused while some other employee or
employees with greater seniority are surplused.
In each instance the retained employee will be designated, at the time
the retention is used, to be retained in the job title rather than to have
him/her affected by the surplus action.
The retained employee shall be notified of his/her retention status and
shall retain that status for the remainder of the six (6)-month period in which
he/she is so designated unless such designation, within such period, is
cancelled or is reassigned by the Company to a more senior employee in the same
job title. Also, prior to the time that
any further surplus is declared in such job title, and whether within such six
(6)-month period or thereafter, the retainee (or, after such six (6)-month
period, the previous retainee) may be replaced in the job title by a more
senior employee concurrent with the latter's downgrade to the job title. If such replacement occurs within the six
(6)-month period, the Company shall be required to transfer such retention
status to the downgraded senior employee.
In instances where the replaced employee is not a current retainee, the
most junior employee will be replaced.
The
22.3(a) Periods
Used for Making Computations. For purposes of determining the allowable
number of retentions and using and applying such retentions, calendar six
(6)-month periods shall be used, the first period in each year to be from
January 1 to June 30, inclusive, and the second period to be from July 1 to
December 31, inclusive.
22.3(b) Allowable
Number – By Location. For each such period the number of allowable
retentions shall be determined separately for each of the following
"locations": Seattle-Renton; four
and one-half (4.5) five (5) percent
of the bargaining unit head count at the beginning of the period.
22.3(c) Allowable
Usage. At each location the use of the number of
allowable retentions for the applicable six (6)-month period shall be in
accordance with the following:
22.3(c)(1) Three (3) levels of seniority
will be identified: (a) zero (0) years
through nine (9) years, (b) ten (10) years through fourteen (14) years and (c)
fifteen (15) years or more. The total
retentions in all three (3) levels shall not exceed four and one-half percent
(4.5), subject to Subparagraph 22.3(c)(3).
22.3(c)(2) Retentions shall apply only
as against another employee in the same seniority level, subject to
Subparagraph 22.3(c)(3).
22.3(c)(3) An additional one (1) percent
number of retentions (one (1) percent in addition to the four and one-half
(4.5) percent allowed by Section 22.3(b)) may be used in each such six
(6)-month period at each such location only to retain (a) an employee in Labor
Grade 5 or above as against another employee who is in a higher seniority
level; or (b) an employee assigned to a program having restricted access
limitations.
22.3(c)(4) Retentions described in
Subparagraph 22.3(c)(3) will be accounted for separately and the Union will be
advised of the reason the retention has been designated.
22.3(cd) Computations
– Fractional Results. In applying the percentages and making the
computations under this Section 22.3, the number of allowable retainees shall
be computed to the nearest whole number and a fraction of one-half (l/2) or
more shall be treated as one (1).
The Company's use of retentions in the number allowed under
Section 22.3, or the surpluses resulting from the application and use of such
retentions, shall not be subject to challenge or to grievance procedure.
In the
event that the Company determines that there is an excess of employees in a job
title at a particular Company location, the order of surplus of such excess
will, subject to the use of retentions as defined in Sections 22.2 and 22.3, be
in reverse seniority order in such job title at the primary or remote location
where the surplus has been declared.
Each employee upon being subject to surplusing action will
have the right to be downgraded to the highest of the following:
22.6(a) To a lower job title which is
not lower than the next lower job title in his/her job family or previously
held job families or,
22.6(b) To the highest-graded job title,
including emergency classification, held for ninety (90) or more consecutive
calendar days during the preceding eight (8)-year period.
The foregoing will apply
providing work is being performed in such lower job title applicable to Section
22.6(a) above or in the job title applicable to Section 22.6(b) above and
providing further that his/her seniority entitles him/her to such placement
when compared with the seniority of employees (other than retainees or
stewards) in such job titles or of those employees who are Category A
candidates for such job titles. If such
an employee rejects a job offer for which he/she has downgrade rights and
prefers layoff, he/she can so elect but he/she relinquishes Category A rights,
to the job offered and rejected. When
there is no such lower job title or where his/her seniority at the time does
not entitle him/her to placement referred to in Section 22.6(a) or Section
22.6(b) above, he/she may be downgraded to any offered job title he/she will
accept, or laid off. Reclassifications
involving employees and the rights of such employees in connection with
surplusing procedures will be subject to the Category A rights of others to the
extent provided in Section 22.7.
NOTE: The provisions of Section
22.6(a) and Section 22.6(b) will not apply in instances where following
appropriate review, an employee was removed from his/her previous job title due
to medical limitations, lack of qualifications or an employee requested
downgrade.
Employees in Category A with one (1) or more years of
seniority at the time of surplus from a job title, and who have held the job
title (or higher classification thereof) at the primary location where the
transaction occurs, will, for the first three (3) years of their Category A
status, have the preferential right to fill openings in such job title (or
lower grade in the same job family) as against all other individuals, except as
to the following:
22.7(a) Senior employees moved into the
job title, whether by lateral reclassification, downgrade or emergency
classification.
22.7(b) Junior employees moved into the
job title on a temporary basis by lateral assignment, reclassification or
downgrade for not to exceed thirty (30) calendar days, or for ninety (90)
calendar days when agreed upon by the Company and the Union, if requested by
the Company for conditions such as surplus mitigation and maintaining
production health, but not for the purpose of filling open requirements. Agreement will not be unreasonably
withheld. This thirty (30)-day period
relating to each individual assignment on a temporary basis cannot be extended
by the assignment of another employee to the job title on a temporary
basis. The
22.7(c) Employees, whether senior or
junior, assigned to the job title from another Primary Location on a temporary
basis for not to exceed thirty (30) calendar days unless mutually extended by
the parties.
22.7(d) Junior employees who are
assigned to emergency classification to a different occupation or job family
for not to exceed sixty (60) calendar days, or for ninety (90) calendar days
when agreed upon by the Company and the Union, if requested by the Company for
conditions such as surplus mitigation and maintaining production health, but
not for the purpose of filling open requirements. Agreement will not be unreasonably withheld.
22.7(e) For those openings in Labor
Grade 46
and above only, junior employees in the same occupation or job family moved
into the job title by downgrade, if at the time of filling the opening, the
Category A employee has been surplused from the job title for more than thirty
(30) calendar days.
22.7(f) Employees, senior due to the
accumulation of bargaining unit seniority, returning to the bargaining unit
from a supervisory or non-supervisory position.
22.7(g) Employees in Aircraft On Ground (AOG) assignments such as Incident
Repair Mechanics/InspectorAircraft Aviation
Maintenance Technician and Inspector-AOG,
whether junior or senior, who are assigned to any other job title on a
temporary basis for a period of time less than ninety (90) days. Assignments shall not be used for the purpose
of filling open requirements.
Anything to the contrary in this Agreement notwithstanding,
when the Company determines it is necessary to reduce the number of employees
working within a job title at a particular location, any employees in the
organizations considered by the Company to have an excess number of employees,
who are within such job title, may be temporarily laid off for not more than
fourteen (14) calendar days, with or without application of the procedures
stated in this Agreement during such period of temporary layoff. The Company agrees that the
The order of selection of individuals for assignment from
Category A shall be from those who on the date of their layoff or downgrade
were Category A candidates for the open job title strictly on the basis of
seniority.
Such
transfers and reclassifications shall be in accordance with the following
rules:
22.10(a) The Company may make lateral
transfers (no change in job title) from one organization to another without
limitation, subject only to the limitations of Section 22.7 of this Article 22
relating to preferential rights as to certain Category A employees.
22.10(b) The Company may make lateral reclassifications
from one job title to another, or may make downgrades from one job title to
another, subject only to the limitations of Section 22.7 of this Article 22
relating to preferential rights as to certain Category A employees.
22.10(c) An employee who has been
reclassified to the job title within the preceding eight (8)-year period shall,
in the event of surplus action affecting him/her, be afforded the right to
return to one of the other job titles in a job family in which he/she has
worked during the eight (8)-year period described above, providing he/she
worked in that job title or family for ninety (90) or more consecutive calendar
days within or immediately prior to such eight (8)-year period, and has greater
seniority than another employee (not a retainee or steward) in that job
title. Reclassifications involving
employees and the rights of such employees in connection with surplusing
procedures will be subject to the Category A rights of others to the extent
provided in Section 22.7. An employee
who rejects such an offer shall have the right, upon their request, to be
reclassified to a job title to which the employee has established downgrade
surplus rights described in Section 22.6.
Such employee shall be considered an employee accepting a downgrade and
shall be eligible for the provisions of Article 6, Section 6.3(d) – Rate
Retention and this Article 22. Such
employee will not be eligible to file an effective application for Category A
for the rejected job.
22.10(d) Any employee who is laterally
reclassified by the Company and is within the following ninety (90) days found
by the Company unqualified (for reasons other than not being "physically
qualified"), to perform his/her new assignment shall be (1) assigned to
other work in the same labor grade or (2) given the opportunity of returning to
his/her former job title, providing, as to (2), that he/she worked in the
former job title for thirty (30) consecutive days or more within the year
preceding the reclassification to the new job and his/her seniority will
support his/her return to the former job title.
In the event an employee is holding a higher graded job classification
but is no longer assigned to work as a lead (as defined by the Rules Governing
the Application of Job Descriptions), he/she shall be given the same
consideration for lateral transfers accorded to employees in the lower graded
job classification of the work being performed.
NOTE:
The foregoing paragraphs Section 22.10(c) and Section 22.10(d) will not
apply in instances where, following
appropriate review, an employee was removed from his/her previous job title due
to medical limitations or lack of qualifications.
Selection
of employees or individuals for assignment to an open job title shall be made
in the following order (except that employees on leaves of absence in excess of
thirty (30) days need not be considered for promotion during such leave):
22.11(a) Those employees in Category A
(in relation to the open job title), in accordance with Section 22.9; then
22.11(b) Those qualified Category B
Employees in seniority order, subject to the provisions of Section 22.1(k); then
22.11(c) Those identified through the ERT
System; then
22.11(d) Those from any other sources, in
any order.
Employees are
considered releaseable for an ERT after they have held their present job for
twelve (12) months. Exceptions may be
made when deemed to be in the best
interests of the employee and the Company.
22.12(a) Employees, who successfully
complete the requirements of graduation from the Joint Apprenticeship Program,
shall be immediately promoted to the designated target job title of such
program, or in the case of the Machinist Joint Apprenticeship Program or the
Cellular Manufacturing Machinist Joint Apprenticeship Program, to one of the
designated target job titles, subject only to the following:
22.12(a)(1) Graduate Apprentices, upon
graduation from the Joint Apprenticeship Program, shall be deemed to have met
the qualifications of Section 22.6 and Section 22.10 for establishing downgrade
or lateral reclassification rights to the designated target job title provided
they are otherwise qualified.
22.12(a)(2) Graduate Apprentices assigned a
target job title, who are subject to surplus prior to the completion of thirty
(30) days in such job title shall be deemed to have met the qualifications of
Subparagraph 22.1(a)(1) and shall be considered as Category A for return to
such job title provided they are otherwise qualified.
22.12(a)(3) Graduate Apprentices not
assigned to a target job title upon graduation from the Joint Apprenticeship
Program, who are limited due to the provisions specified in Section 22.7 of
this Article 22 relating to preferential rights of certain Category A employees
shall be deemed to have met the qualifications of Subparagraph 22.1(a)(1) and
shall be considered as Category A for return to such job title provided they
are otherwise qualified.
22.12(a)(4) Graduate Apprentices assigned to
a higher-graded job than the target job title upon graduation from the Joint Apprenticeship
Program shall be deemed to have met the qualifications of Section 22.1, Section
22.6, and Section 22.10 for establishing Category A, downgrade, or lateral
reclassification rights for the target job title provided they are otherwise
qualified.
22.12(a)(5) Graduate Apprentices who are
assigned to the target job and are subsequently promoted to a higher-graded job
than the target job title prior to the completion of the established time
periods as described in the respective sections of Article 22 shall be deemed
to have met the qualifications of Section 22.1, Section 22.6, and Section 22.10
for establishing Category A, downgrade, or lateral reclassification rights for
the target job title provided they are otherwise qualified.
22.12(a)(6) Graduate Apprentices not
assigned to the target job title upon graduation from the Machinist Joint
Apprentice Program or the Cellular Manufacturing Machinist Joint Apprenticeship
Program, who are limited due to the provisions specified in Section 22.7 of
this Article 22 relating to preferential rights of certain Category A employees
or who have been assigned to a higher-graded job than the target job title
shall be designated one of the target job titles by the site senior Human
Resources representative or designee to one of the Machinist target jobs for
the Machinist Graduate or one of the Cellular Manufacturing Machinist target
jobs for the Cellular Manufacturing Machinist Graduate and shall be deemed to
have met the qualifications of Subparagraph 22.1(a)(1) and shall be considered
as Category A for return to such job title provided they are otherwise
qualified.
NOTE: Entry into the Apprenticeship
Program will be considered a promotion for the purpose of establishing rights
under the terms of Article 22. Apprentices
will also be ineligible for any Category A, lateral reclassifications or
downgrade rights they may qualify for under the terms of the Collective
Bargaining Agreement until graduation or removal from the program.
22.12(b)(1) Target job titles of the Joint
Apprenticeship Program for Jig and Fixture Tool Maker, Maintenance Machinist,
Model Maker, Tool and Die Maker, Tool and Cutter Grinder, N/C Spar Mill
Operator, Industrial Electronic Maintenance Technician, Machine Tool
Maintenance Mechanic, Composite Manufacturing Technician
and Tooling Inspector are as follows:
|
Apprentice Job No. |
Apprentice
Job Title |
Target Job No. |
Target
Job Title |
|
A12XX |
Apprentice Jig & Fixture
Tool Maker |
75508 |
Tool Maker B |
|
A14XX |
Apprentice Maintenance
Machinist |
89709 |
Maintenance Machinist A |
|
A15XX |
Apprentice Model Maker |
03609 |
Model Maker B |
|
A18XX |
Apprentice Tool and Die Maker |
76010 |
Tool and Die/Deep Draw |
|
A19XX |
Apprentice Tool and Cutter
Grinder |
40708 |
Tool Grinder A |
|
A20XX |
Apprentice N/C Spar Mill
Operator |
17908 |
Spar Mill Operator A N/C |
|
A21XX |
Apprentice Tooling Inspector |
54808 |
Tooling Inspector B |
|
A22XX |
Apprentice Machine Tool
Maintenance Mechanic |
89509 |
Machine Repair Mechanic A |
|
A23XX |
Apprentice Industrial
Electronic Maintenance Tech |
87510 |
Electronic Maintenance
Technician |
|
A26XX |
Apprentice Composite
Manufacturing Technician |
74808 |
Composite Manufacturing
Technician |
22.12(b)(2) Target job titles of the Joint
Apprenticeship Program for Machinists are as follows:
|
Apprentice Job No. |
|
Target Job No. |
Target Job Title |
|
A13XX |
Apprentice Machinist |
70208 |
Grinder Operator A |
|
A13XX |
Apprentice Machinist |
17408 |
Lathe Operator |
|
A13XX |
Apprentice Machinist |
70808 |
Milling Machine Operator A |
|
A13XX |
Apprentice Machinist |
C4608 |
N/C Multi Tool and Milling
Machine Operator |
|
A13XX |
Apprentice Machinist |
71908 |
Gear Cutting Machine Operator A |
|
A13XX |
Apprentice Machinist |
C4808 |
Milling Machine Operator -
General |
22.12(b)(3) Target job titles of the Joint
Apprenticeship Program for Cellular Manufacturing Machinists are as follows:
|
Apprentice Job No. |
|
Target Job No. |
Target Job Title |
|
A24XX |
Apprentice Cellular
Manufacturing Machinist |
N0309 |
General Machinist |
|
A24XX |
Apprentice Cellular Manufacturing Machinist
|
73809 |
Flexible Machining
System (FMS) Operator
|
|
A24XX |
Apprentice Cellular
Manufacturing Machinist |
C3809 |
Machinist Assembler Precision |
In the event an employee declines to accept a normal line
promotion for a location and shift for which
he/she has filed an effective application, there will be no requirement that
he/she again be considered for that particular location and shift
job unless the employee refiles an
application at any time ninety (90) or more calendar days after he/she declines
the promotion.
A procedure for reviewing the promotion of a designated
candidate is provided in Section 22.15 and the application of such procedure
and the right to invoke it are subject to the following rules:
22.14(a) A "request for
review" is a claim that a senior
Category B employee should have been promoted instead of a designated
candidate.
22.14(b) In the case of a request for review:
22.14(b)(1) The request for review shall be
limited to the claim that the one making the request (the senior employee) has
been aggrieved by the promotion of a designated candidate to the next higher
step in the senior employee's normal line of promotion.
22.14(b)(2) The request for review must be filed within seven
(7) workdays after the promotion is published in an appropriate posting area.
22.14(b)(3) The senior employee must be an
employee who is claiming that he/she should have received the particular
promotion, rather than the designated candidate and the sole objective of the
request shall be to establish that he/she is qualified for the promotion. He/she cannot make more than one (1) request
in either of the six (6)-month periods:
January-June, inclusive; July-December, inclusive.
22.14(b)(4) The senior employee must have
been on his/her present job for a period of not less than six (6) months
immediately prior to the request. Such
an employee who goes on the inactive payroll or on layoff shall become eligible
to file a request for review upon his/her return to the active payroll provided
he/she meets the other qualifications.
22.14(b)(5) Where more than one (1) request
is addressed to or based on the same promotion of a designated candidate, in
accordance with Subparagraph 22.14(b)(1), above, only one (1) request will be
permitted and that request will be on behalf of the most senior employee among
those filing such a request. The other
requests shall be deemed withdrawn.
22.14(b)(6) An applicant to an opening which
opening is away from his/her Primary or Remote Location is not eligible to file
a request for review.
Requests for reviews that meet the requirements of Section
22.14 will be subject to the following rules and review procedures:
22.15(a) A request for review may be
submitted to the Union Relations Office, or a representative thereof, either by
the employee or by a business representative on the employee's behalf.
22.15(b) The request must be in writing
and contain the employee's name, current organization and identification
number; the pertinent facts relating to the promotion in question; and a
statement of the reasons and facts which show that the senior employee is
qualified.
22.15(c) The Union shall make a thorough
investigation of the grounds for the request for review in order to determine
whether, in the
22.15(d) If, after such investigation,
the Union determines the request to be one warranting further processing, and
if no agreement can be reached between the Company and the Union as to a
disposition of the matter prior to submitting it to the Review Board, then the
matter shall be referred to the Review Board not later than ten (10) workdays
after the filing of the request for review.
22.15(e) There shall be a Review Board or
Review Boards to hear and determine requests for review at various Company
locations. At Primary Locations, the
Review Board(s) will meet at least once a month; a Review Board at a Remote
Location will meet as necessary, but no later than thirty (30) days after a
request for review is filed.
22.15(f) Each Review Board shall consist
of three (3) members: one (1) appointed by the Union, one (1) appointed by the
Company, and a chairperson whose selection shall alternate between the
22.15(g) The Board members shall be
familiar with the types of work involved, but to the extent practicable, such
Board members shall be from a different work area or organization. Neither the selecting supervisor nor the
senior employee shall be members of the Review Board hearing his/her case, but
they may be required to give testimony.
22.15(h) The Union Relations Office, or a
representative thereof, shall establish the time and location of meetings of
the Review Board and shall notify the
22.15(i) Each meeting of a Review Board
shall be held during working hours. The
Company will pay the wages of its committee member, the senior employee whose
case is being reviewed, and the wages of the Union-appointed member of the
Board if he/she is an employee on the active payroll. However, such Union-appointed member will
only receive such wages while serving on his/her assigned shift.
22.15(j) The decisions rendered by each
Review Board shall be based exclusively on evidence, testimony and information
submitted to the Board prior to and at the meeting, and the burden of proof
shall be upon the senior employee to establish that he/she is qualified.
22.15(k) The Company and the
22.15(l) At the conclusion of the
meeting, each member of the Board must cast a vote by secret ballot. No ballot
shall be signed or otherwise identifiable.
22.15(m) In the event the Board sustains
a request for review, the senior employee will be promoted within five (5)
workdays or when he/she is assigned to the higher labor grade, whichever occurs
first.
22.15(n) The Company may continue to
effect any adjustments in personnel irrespective of pending requests for
review.
22.15(o) Processing of a request for
review pursuant to and in accordance with Section 22.14 and this Section 22.15
shall be final and binding and neither the request nor the promotion to which
it relates shall be subject to any other or further grievance procedure or
challenge.
The terms, conditions and limitations of this Article 22
shall apply to employees permanently assigned to any Remote Location except
that:
22.16(a) Transfers to and from such
Remote Locations shall be on a voluntary basis to the job offered to the
employee in either instance.
22.16(b) There shall be no requirement
that Primary Location employees be transferred, promoted, demoted or recalled
from layoff to a Remote Location or that Remote Location employees be
transferred, promoted, demoted or recalled from layoff to a Primary Location or
to another Remote Location, except as noted in Section 22.16(c), below. However, such employees may make application
for consideration at other than their assigned location.
22.16(c) If it becomes necessary to
reduce the number of employees working within job titles to which employees at
a Remote Location are assigned, the following shall apply:
22.16(c)(1) Reduction in the work force at a
Primary Location may be made without affecting employees assigned to any Remote
Location.
22.16(c)(2) Reductions in work force may be
made at a particular Remote Location without affecting employees working at a
Primary Location or any other Remote Location.
22.16(c)(3) An employee who is transferred
to a Remote Location from a Primary Location, and is subsequently subject, as a
result of surplus, to a layoff or downgrading, to a labor grade lower than that
labor grade to which he/she was assigned at the Primary Location immediately
prior to the transfer, may (subject to the Category A rights of others to the
extent provided in Section 22.7) elect to return to the Primary Location to the
labor grade to which he/she was assigned immediately prior to the transfer.
The terms and limitations of this Article 22 shall apply to
employees who are being compensated for living or travel expense as provided in
Article 12 of this Agreement or those employees who are specifically assigned
to an organization preparatory for such assignment or otherwise designated for
such assignment, except that:
22.17(a) There shall be no requirement
that other employees be transferred, promoted, demoted or recalled from layoff
to fill job openings occurring in such special assignment, or that employees on
such assignments be transferred, promoted or demoted as a result of job
openings or surplus in other locations except as noted in Section 22.17(b)
below. However, such employees may make
application for consideration at other than their assigned location.
22.17(b) Where an employee is on a travel
assignment and is subject to layoff or downgrading from a job title to which
he/she is assigned while on such travel assignment to a labor grade lower than
the labor grade to which he/she was most recently assigned prior to the travel
assignment: He/she may elect to be
returned to the original location, in which case his/her placement shall,
subject to Section 22.7, be determined in the following order: (1) any job title offered by the Company in a
labor grade not less than the labor grade he/she held immediately prior to the
travel assignment; (2) the job title held immediately prior to the travel
assignment; (3) any other job title offered by the Company which he/she
accepts; (4) layoff.
22.17(c) An employee on travel
assignment, who completes such assignment, will be returned to the job title
held preceding the travel assignment unless surplus action that developed
during the travel assignment resulted in the surplus of senior employees who
have an effective application for Category A.
Other miscellaneous provisions of this Article 22, relating
to workforce administration, are as follows:
22.18(a) Transfer into or out of unit.
22.18(a)(1) The Company may transfer or
promote employees from any collective bargaining unit covered by this Agreement
to the management (supervisory) payroll.
22.18(a)(2) The Company may transfer or
demote non-bargaining unit employees (except those returning from the active
management payroll) who have accumulated seniority under Section 14.1, to any
collective bargaining unit covered by this Agreement only to job titles they
have previously held within any such unit. Such transfers or demotions may be
made subject to the preferential rights of Category A employees to the extent
provided in Section 22.7.
22.18(a)(3) An employee returning from the
active management (supervisory) payroll of the Company, and who is accumulating
seniority or who has accumulated seniority in accordance with Section 14.1(b)
will be returned to the job last held (if populated) or another job of the same
labor grade or any lower grade.
22.18(b) Subject to the terms and
conditions of this Agreement, and to the extent not covered by such terms and
conditions, the procedures and rules relating to employees shall be determined
by the Company.
22.18(c) As to an employee selected for a
job opening on the basis of a Category A effective application who fails to
respond to a recall or who declines to accept such an opening:
22.18(c)(1) If he/she is on layoff, he/she
will lose seniority unless Subparagraph
22.18(c)(3) or Subparagraph 22.18(c)(4) applies.
22.18(c)(2) If he/she is on the active
payroll and he/she declines for any reason to accept such an opening, his/her
effective application as it relates to that job title will be considered
cancelled but the employee may refile after a period of ninety (90) calendar
days.
22.18(c)(3) If he/she is on layoff and,
after interview, he/she declines to accept such an opening due to his/her valid
assertion of his/her inability to perform the particular work assignment,
his/her Category A effective application for that job title shall not be
effective until he/she refiles an application for his/her Category A
eligibility. The
22.18(c)(4) If he/she is on layoff and is
advised by the Company that the job identified with the opening is estimated to
be for less than ninety (90) calendar days duration, the employee may reject
such offer and maintain, irrespective of the actual duration of the job, his/her
Category A effective application for that job title. His/Her application shall not be effective
for the following thirty (30)-day period for other openings estimated to be for
less than ninety (90) calendar days’ duration.
22.18(d) Where an individual has been
selected to fill an opening due to his/her status as a Category A but is
surplused from the job title (including those treated as a completion of a
temporary promotion) prior to the completion of thirty (30) calendar days, such
surplus date will be deemed to be the last date he/she held such job title for
the purpose of Section 22.9.
22.18(e) An employee who has taken a
disability retirement, or who has been demoted or laid off due to a medical
recommendation, and whose medical condition subsequently improves sufficiently
to allow him/her to perform the required work, shall be (1) returned to his/her
former job title provided he/she returns within six (6) years of the date
he/she last worked in that job title, or (2) returned to a job title, subject
to the employee’s medical recommendation, for which he/she has established
surplus rights in Article 22. The
foregoing will apply provided work is being performed in such job title and
provided further that his/her seniority entitles him/her to such placement when
compared to the seniority of employees (other than retainees or stewards) in
such job title. If his/her seniority is
not sufficient to return him/her to his/her job title, he/she will be granted
Category A status subject to the provisions of Section 22.1. His/Her Category A status will commence on
the date he/she would have been subject to surplus action or the date on which
his/her medical condition is sufficiently improved to allow him/her to perform
the required work, whichever occurs first.
22.18(f) Whenever practicable, affected
employees will be given at least twenty-four (24) hours notice prior to layoff.
[1]See note to Section 22.1(a) and Section 22.1(d), regarding the definition of "effective application" as applied to promotional procedures.