ARTICLE 9

SENIORITY

Section 1.

Seniority as used herein designates an employee’s length of service within the bargaining unit covered by this Agreement, the possession of which entitles him/her to certain rights hereinafter provided. Company service as used herein designates an employee's length of service within the bargaining unit covered by this Agreement minus any adjustment(s) made for any leave of absence in excess of four (4) weeks. Time spent on an industrial injury/illness will not result in loss of seniority.

GKN will recognize Boeing Service for vacation, sick leave and permanent layoff for those former Boeing employees hired into GKN on the Effective Date of the 2002 Agreement.

Section 2.

Seniority shall be by job classification. In case of identical seniority dates, the employee with the lower clock number will be the senior employee.

Section 3. Layoff.

In case of a layoff within a job classification, the sequence of layoffs in the job classification shall be in reverse seniority order.

A. An employee subject to layoff in a job classification shall be afforded the right to return to another job classification, or segment thereof, he/she previously held, provided the employee has greater seniority over another employee in that job classification. In the event an employee qualifies to return to another job classification, he/she shall retain their Base Rate of pay for forty-five (45) days and then will be subject to the maximum rate for that job classification. If an employee is at a Base Rate of pay that is below the maximum of the lower job classification they are moving to, the employee will retain that same Base Rate of pay and will follow the job progression that they are moving to until the maximum Base Rate of pay is attained.

B. A less senior employee may be protected from layoff if he/she possesses critical skills that the more senior employee does not possess, and where lack of these skills would be a hardship to the Company. All such cases will be discussed with the Union at least one (1) week prior to any employee notification of a pending layoff and will, where practicable, attempt to transfer those skills to a more senior employee.

Section 4.

Any new employee, hired after the Effective Date, may be terminated within the first ninety (90) days if the employee’s documented work performance is determined to be unsatisfactory by Management. The Union agrees not to contest such action provided Management has documented such unsatisfactory performance and reviewed such documentation in advance with the Union.

Section 5.

The Company shall keep a Seniority List by job classification and, whenever the Union requests such list, the Company will make such list available for inspection. One (1) copy of the revised Seniority List will be forwarded to the office of the Directing Business Representative.

Section 6.

Laid off employees shall be called back to work in accordance with their seniority within their job classification. Seniority preference will be in effect for a period not to exceed twenty-four (24) months.

Section 7. Shift Preference.

A. Senior employees who have a shift preference form on file shall be given preference over: junior employees who are assigned to the same job classification and shift, junior returning non-bargaining unit employees, new hires, recalls from layoff, and promotional candidates for placement in openings in their job. Shift preference rights are not applicable over employees: being downgraded, laterally reclassified on their current shift, laterally transferred on their current shift or over senior employees who are in their job classification. Employees who have requested downgrades will not be given preference over senior employees who have shift preferences on file. Shift preferences must be filed more than three (3) working days prior to a shift change or declaring a job opening by submission of a dated open requisition. If an employee does not file a shift preference form, it shall be assumed that he/she is on his/her preferred shift. Under no circumstances will the provisions of this Section 7 be construed to enable an employee, at his/her instance and request, to displace a less senior employee from his/her job and shift.

B. Shift preferences, as defined, will not apply in instances where the exercise of such rights would affect the efficiency of Company operations on any shift. When such instances arise, they shall be discussed with the Union prior to submittal to the Senior Site Manager for final approval.

C. When staffing a new shift, the Company maintains the right to assign employees necessary to accomplish the work, including the right to assign employees with key skills regardless of their shift preference. The Company will attempt to complete such staffing from volunteers, assignments from other shifts in reverse seniority order, promotions, and new hires.

The Company will de-staff a shift in the following order: first, by shift preference filings, and second, in reverse seniority order among remaining employees. In cases where the shift is to be eliminated, employees will be notified in advance and given the opportunity to file a timely shift preference.

Section 8.

An employee who has been or will be transferred from a job classification covered by this Agreement to a supervisory position not within the bargaining unit, and who is or will be supervising other bargaining unit employees, will retain his/her previous seniority and will assume such seniority limited to a cumulative total of five (5) years in case he/she returns to the bargaining unit. However, any employee in a supervisory position over bargaining unit personnel who is promoted to a third line or higher supervisory position will lose all credited Union seniority rights.

Section 9.

An employee covered by this Agreement who is elected or appointed to one of the following Union Offices: President, Business Representative, Secretary Treasurer, or other full time staff member, or becomes a Representative of the Grand Lodge, and leaves the employ of the Company to serve in this office for full time and full pay will retain previous seniority and accumulate seniority while serving in these positions, for the purpose of reemployment only, provided he/she immediately notifies the Company of his/her intent to return to the bargaining unit.

Section 10.

With the approval of the Union, a member of this bargaining unit who is temporarily appointed to a salaried position and stationed at vendor or customer facilities shall accumulate seniority while he/she is assigned, providing he/she maintains his/her good standing in the Union.

Section 11.

Temporary layoffs shall be made without regard to seniority and shall not exceed ten (10) days in any one (1) year period. Such layoffs shall be made for but not limited to the following reasons: an act of God, cancellation or reduction of contract by the customer, supply chain disruption that is beyond the control of the Company.

Section 12.

The Company will attempt to give at least a two (2)-week written notice prior to layoff to the employees affected, except when the layoff is caused by termination of a Government or other production contract, temporary layoff or when the affected employees are absent.