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) 25, 20052008:
|
LABOR GRADE |
|
|
|
11 |
$ |
$ |
|
10 |
$ |
$ |
|
9 |
$ |
$ |
|
8 |
$ |
$ |
|
7 |
$ |
$ |
|
6 |
$ |
$ |
|
5 |
$ |
$ |
|
4 |
$ |
$ |
|
3 |
$ |
$ |
|
2 |
$ |
$ |
|
1 |
$ |
$ |
6.2(b) Employees
on the Active Payroll on September 13,
20052008.
Effective September 25, 20052008,
the base rates for employees who on September 13,
20052008,
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 24,
20052008.
6.2(c) New
Hires. All
employees who enter the bargaining unit on or after September 24,
20052008,
with a seniority date of September 24,
20052008
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 24,
20052008,
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 gGeneral
wage increases will be granted as follows:.
6.3(b)(1) Effective
September 5, 2008, all
employees on the active payroll on September 3, 2008, including those on
approved leave of absence for ninety (90) days or less, will have their base
rates increased first by application of Section 6.2(b) and
then by application of a five (5) percent
general wage increase.
6.3(b)(2) Effective
September 4, 2009, all employees on the active payroll on September 3, 2009,
including those on approved leave of absence for ninety (90) days or
less, will have their base rates increased first by application of Section 6.4(c)
and then by application of a three (3) percent
general wage
increase.
6.3(b)(3)
Effective September 3,
2010, all employees on the active payroll on September 2,
2010, including those on approved leave of absence for ninety (90) days or
less, will have their base rates increased first by application of Section 6.4(c)
and then by application of a three (3) percent
general wage increase.
The
base rate maximums set forth in Section 6.2(a) shall be similarly increased on
each date set forth above.
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 or paid the same base rate last held by the
employee in the labor grade, whichever is greater. and eEmployees
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) 190.4 214.8
(the three-month average of the BLS Index for May, June and July, 20052008)
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 Potential
Adjustment
|
Based
Upon the Average of the Three-Month BLS Consumer Price Indexes for |
|
December
|
August,
September, October |
|
March
|
November,
December |
|
June |
February,
March, April |
|
September
|
May,
June, July |
|
December
|
August,
September, October |
|
March
|
November,
December |
|
June |
February,
March, April |
|
September
|
May,
June, July |
|
December
|
August,
September, October |
|
March
|
November,
December |
|
June |
February,
March, April |
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 14,
20062009,
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 73, 20072010,
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,
including those on leave of absence for not longer than ninety (90) calendar
days, 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) thirty
(30) 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, same gender
domestic partner, 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 working in Washington,
Kansas, and other states where
mandatory direct deposit is
permitted by law, paychecks will be
delivered via direct deposit on
Thursday of every second week, covering all wages,
including overtime, earned through Thursday of the
preceding week, except when other
circumstances intervening beyond the Company’s control make such practice
impossible. For
employees working in other
states, paychecks for
employees under this Agreement on all shifts shall
be delivered via direct deposit on
or before Thursday of every second week, or placed in the Thursday Tuesday of
every second week, at which time they
will be paid covering
wages, including overtime, earned through Thursday of the
preceding week, except when holidays or 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. Overtime will be paid in the next regularly
scheduled paycheck.
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.