2008 STRIKE SETTLEMENT AGREEMENT
The Boeing Company (“Company”) and the International Association of Machinists and Aerospace Workers, AFL-CIO, on behalf of its District Lodges 24, 70, and 751 (hereinafter collectively referred to as the “Union”) agree as follows:
1. Upon ratification of the parties 2008 – 2012 collective bargaining agreement, the union will terminate its strike and picketing against the Company.
2. All company employees on strike shall be returned to the same job they held prior to the strike and the time spent on strike will be counted for the following purposes: seniority, seniority progression, sick leave/vacation eligibility date, eligible months of participation for purposes of the ShareValue Trust, and, to the extent permitted by ERISA, the Retirement Plan.
3. All bargaining unit striking employees will be returned to work commencing on the 3rd shift on November 2, 2008. All employees will be returned to the shift, labor grade and job classification they held on the last day of work prior to the strike.
4. Employees shall be given until the beginning of their shift on Monday, November 10, 2008 to report to work. Employees who are unable to return to work because of medical reasons will be reviewed for medical leave of absence on a case-by-case basis. Further, employees who are unable to return to work because of unavoidable and compelling reasons will also be reviewed on a case-by-case basis. Other employment during the strike will not be considered as an unavoidable and compelling reason to delay reporting to work.
5. The Company shall be under no obligation to reinstate employees who do not return to work in accordance with paragraph 4, above, and such employees will be considered to have voluntarily resigned their employment. Such employees will be placed on a Preferential Hiring list if they notify the Company, in writing, of their desire to be reconsidered for employment. Individuals on the Preferential Hiring list will be hired by their job, labor grade, and seniority as of September 3, 2008 before new employees are hired. Individuals will be removed from the Preferential Hiring list if they refuse a job offer from the Company. The Preferential Hiring list shall automatically terminate on September 3, 2009.
6. Employees who prior to the strike scheduled vacations which would have occurred during the strike will be given priority in vacation scheduling. Employees may request vacation pay in lieu of time off in accordance with established practices.
7. Employee group benefits shall be reinstated effective November 3, 2008 for employees who return to work. The Company shall return all insurance premiums which have been paid to it. In addition, insurance eligibility shall be considered continuous for all returning employees and their dependants, without interruption since September 3, 2008, and all valid insurance claims will be paid, including those of employees who may have died during the strike. Normal payroll contributions for the month of October will be collected from a future paycheck.
8. No striking employee or union official shall be issued corrective action by the Company for any activity taking place during the strike except if such individual is convicted of a penal offense.
9. All
authorization/dues deduction cards will remain valid for employees who
continued their Union membership throughout the strike. Employees (other than those in right-to-work
states) who resigned their union membership during the strike will be required
to comply with the Union Security provisions of the collective bargaining
agreement. The Company will not collect
funds owed the
10. Any grievance pending prior to the strike shall not be affected by the strike.
11. The Company and the
12. Any payments resulting from changes to base rates, cost of living adjustments, shift differentials, AOG premiums, team leader premiums, job classification upgrades, or any other wage adjustments resulting from changes made to wages or premiums in the 2008-2012 collective bargaining agreement, will be paid on or before December 4, 2008, and may be paid in the employee’s regularly scheduled paycheck(s) or by separate paycheck.
13. Each party agrees to withdraw any and all legal actions, including charges before the NLRB or the Department of Labor filed by either party against the other, its officers, agents, and/or members, or may hereafter be filed, based on activity related to the negotiations, the strike, or connected therewith.
14. Any disputes concerning the application of the provisions of this Strike Settlement Agreement will be subject to the grievance and arbitration provisions of the collective bargaining agreement except as stated in paragraph 11.
DATED this 29th day of October, 2008.
For: INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS DISTRICT LODGE NOs. 24, 70, and 751
For: THE BOEING COMPANY