

COLLECTIVE BARGAINING
AGREEMENT
COLLECTIVE
BARGAINING AGREEMENT
of January 11, 2007
BETWEEN
GKN AEROSPACE
CHEM-TRONICS INC
and
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, AFL-CIO
............................................................................... Page
PREFACE / PREAMBLE.........................................................
8-9
ARTICLE 1 – BARGAINING UNIT.......................................... 10
1 Union Recognition.................................................. 10
ARTICLE 2 – UNION SECURITY............................................ 10
1 Union Membership.................................................. 10
2 Satisfaction of
Obligation....................................... 11
3 Failure to Satisfy
Obligation................................... 11
4 Explanation
to Employees...................................... 11
5 Payroll Deduction for
Union Dues & Init Fee........... 12
6 Payroll Deduction for
GDA & MNPL........................ 12
7 Indemnification....................................................... 12
ARTICLE 3 – BUSINESS REPRESENTATIVE........................ 13
1 Union to Furnish List of
Representatives............... 13
2 Business Representatives
– Access to Plant....... 14
3 Union Activity During
Working Hours..................... 14
ARTICLE 4 – RIGHTS OF MANAGEMENT........................... 15
ARTICLE 5 – WAGES............................................................ 15
1 Wages.................................................................... 15
2 Definitions.............................................................. 16
3 Wage Increases and
Bonuses.............................. 16
4 Job Progression
Increases.................................... 17
5 Cost-of-Living
Allowance...................................... 18
6 Performance Bonus Plan....................................... 20
7 Lead Pay Premium.................................................. 21
8 Certifications.......................................................... 22
ARTICLE 6 – REGULAR HOURS OF WORK.......................... 22
1
Regular
Hours........................................................ 22
2
Overtime
Rate for Regular Hours........................... 23
3
Regular
Hours for Alternate Work Week............... 23
4
Overtime
Rate for Alternate Work Week................ 24
5
Premium
Rate for Alternate Work Week................. 25
6
Shift
Differentials................................................... 25
7
Report
Time............................................................ 25
8
Call
Back Pay......................................................... 26
9
Pay
Day.................................................................. 26
10
Overtime
Scheduling.............................................. 27
ARTICLE 7 – DETERMINATION OF DISPUTES.................... 27
2 Grievance Steps.................................................... 27
ARTICLE 8 – LEAVE OF ABSENCE, SICK PAY,
JURY DUTY, FUNERAL LEAVE........................ 31
1 Leave of Absence................................................. 31
5 Leave for Military
Reserves................................... 32
6 Sick Leave............................................................. 33
7 Funeral Pay............................................................ 34
8 Jury Duty................................................................ 35
ARTICLE 9 – SENIORITY...................................................... 37
3 Layoff.................................................................... 37
7 Shift Preference..................................................... 39
ARTICLE 10 – LOSS OF SENIORITY.................................... 43
1
Loss
of Seniority.................................................... 43
ARTICLE 11 – HOLIDAYS..................................................... 45
1
Dates
on Which Observed..................................... 45
2
Unworked
Holidays................................................ 46
3
Alternate
Work Week Holidays.............................. 47
4
Worked
Holidays.................................................... 47
ARTICLE 12 – VACATION.................................................... 47
ARTICLE 13 – GROUP INS. & RETIRE. PLANS.................... 49
ARTICLE 14 – HEALTH AND SAFETY.................................. 49
ARTICLE 15 – MISCELLANEOUS........................................ 51
1
Inventions............................................................... 51
2
Sabotage................................................................ 52
3
Investigatory
Interviews........................................ 52
4
Bulletin
Boards....................................................... 53
5
No
Discrimination.................................................... 53
6
Subcontracting....................................................... 54
ARTICLE 16 – STRIKES AND LOCKOUTS........................... 54
ARTICLE 17 – PERIOD OF AGREEMENT.............................. 55
ARTICLE 18 – SCOPE OF AGREEMENT.............................. 57
1
Waiver
of Barg. Unit Rights & Amend. to Agree.... 57
2
Separability............................................................ 58
SCHEDULE A – WAGE RATES CHART................................ 59
SCHEDULE A – TECH A JOB DESCRIPTION........................ 60
SCHEDULE A – TECH B JOB DESCRIPTION........................ 63
SCHEDULE B – SUBSTANCE ABUSE POLICY..................... 66
BENEFITS CHARTS
Rep. Emp. Hired on the Effective Date of the 2002 Agree................... 86
Rep. Emp. (Active) Hired After the Effective Date
of the 2002 Agreement..................................................... 87
PPO Benefits at a Glance................................................... 89
Dental Benefits at a Glance............................................... 91
Vision Benefits at a Glance.............................................. 91
COLLECTIVE BARGAINING AGREEMENT
of
January 11, 2007
Between
GKN
AEROSPACE CHEM-TRONICS INC
And
INTERNATIONAL
ASSOCIATION OF MACHINISTS
AND
AEROSPACE WORKERS, AFL-CIO AND ITS DISTRICT LODGE 751
PREFACE
Company
and Union Cooperation, Technology and Teaming
A.
The parties to the following Agreement
recognize that the Company must compete in a highly competitive global economy
and commit to achieving the highest level of quality and productivity possible.
Both parties recognize that ultimate job security can only be realized in a
work environment that creates operational effectiveness, continuous improvement
and competitiveness. This Agreement has been constructed so as to maximize the
likelihood of realizing these objectives and is to be interpreted accordingly.
B. Consistent
with the objectives set forth above, the Company and
C.
Also consistent with the objectives set
forth above, the Company and the
PREAMBLE
THIS
AGREEMENT, dated as of the 11th day of January, 2007, is made and
entered into by and between GKN Aerospace Chem-tronics Inc. a Delaware
Corporation (hereinafter referred to as "the Company"), and the
International Association of Machinists and Aerospace Workers, AFL-CIO, and its
District Lodge 751 (hereinafter referred to jointly as the Union).
ARTICLE 1
Bargaining Unit
Section 1. Union Recognition.
Effective
on the Effective Date as defined below in Article 17, Section 1, the Company
recognizes the International Association of Machinists and Aerospace Workers
Union, AFL-CIO, and its District Lodge 751 as the sole and exclusive bargaining
agent for all employees working in the job classifications in Schedule A
employed by the Company at its 20231 72nd Avenue South, Kent, Washington
facility, excluding office and clerical employees, plant clerical, part-time,
temporary and contract employees, professional employees, guards and
supervisors as defined in the National Labor Relations Act.
ARTICLE 2
UNION SECURITY
Section 1. Union Membership.
All
employees within the bargaining unit as defined in this Agreement, shall become
members of the Union within thirty-one (31) days following the beginning of
such employment or within thirty-one (31) days following the execution of this
Agreement, whichever is later, and shall thereafter maintain their membership
in good standing in the Union during the life of this Agreement, as a condition
of continued employment.
Section
2. Satisfaction of Obligation.
Employees
who are required either to become members of the Union or maintain membership
in good standing in the Union may satisfy that obligation by periodically tendering
to the Union an amount equal to the Union's regular and usual monthly dues.
Section
3. Failure to Satisfy Obligations.
In
the event an employee who, as a condition of continued employment, is required
to become a member of the Union, or maintain his/her membership in good
standing therein, but in any such case does not do so, the Union will notify
the Company in writing, or through such other office as may be designated by
the Company, of such employee's delinquency. The Company agrees to advise such
employee that his/her employment status with the Company is in jeopardy and
that his/her failure to meet his/her obligation within five (5) days will
result in his/her termination of employment.
Section
4. Explanation to Employees.
Either
the Company or the
Section
5. Payroll Deduction for Union Dues and Initiation Fee.
Whenever
an employee shall so request in writing, the Company will deduct from such
employee’s pay each month dues payable by such employee to the Union in a sum
specified by the
Section 6. Payroll
Deduction for Guide Dogs of
Upon receipt by the Company of a signed voluntary
authorization by an employee, on an approved form, requesting that there be
deductions made from his/her wages, in a monthly amount designated by the
employee, such deductions to be forwarded to the Union for use by the
Machinists' Nonpartisan Political League or Guide Dogs of America. Such authorization will remain in effect for
the duration of this Agreement, unless earlier canceled in writing by the
employee.
Section
7. Indemnification.
The
Union shall indemnify, defend and save the Company harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or
by reason of action taken by the Company under Section 3 in reliance upon
representation by the
ARTICLE 3
BUSINESS
REPRESENTATIVE
Section 1.
The
Union shall inform the Company in writing of the names of its Grand Lodge
representatives, officers, business representatives and stewards (not more than
one (1) steward per shift) who are accredited to represent it, which
information shall be kept up to date at all times. Only persons so designated
will be accepted by the Company as representatives of the
Section
2. Business Representatives - Access to Plant.
The
Business Representative of the
Section
3. Union Activity During Working Hours.
Solicitation
of Union membership or collection or checking of dues will not be conducted
during working time. The Company agrees not to discriminate in any way against
any employee for Union activity, but such activity shall not be carried on
during working time, except as specifically allowed by the provisions of this
Agreement.
ARTICLE 4
RIGHTS OF MANAGEMENT
Section 1.
Management of Company.
Management Rights
Except as expressly modified or
restricted by a specific provision of this Agreement, all statutory and
inherent managerial rights, prerogatives, and functions are retained
and vested exclusively in the Company, including, but not limited to, the
rights in accordance with its sole and exclusive judgment and discretion to:
establish reasonable rules and regulations, manage the plant; direct the workforce; promote, demote,
transfer and/or assign its employees; discipline (up to and including
discharge) employees for just cause; determine the number of employees to be
employed; hire employees, determine their qualifications and assign and direct their work.
ARTICLE 5
WAGES
Section 1. Wages.
It
is agreed that it is the right and responsibility of Management to establish
new job classifications and to grade employees in accordance therewith. Any such changes will be reviewed and
discussed with the
Section
2. Definitions.
The
meanings of certain terms used in this Article 5 and elsewhere in this
Agreement are stated below:
A.
Base Rate. An employee's hourly rate of
pay, excluding all allowances, differentials, adjustments, bonuses, awards, and
premiums.
B.
Section
3. Wage Increases and Bonuses.
A. Year
2007 range minimums and maximums are set according to the markets for which we
compete (See Schedule A).
B. On
or before December 22, 2006, all bargaining unit employees, including those on
leave of absence, will receive a ratification bonus of $1,250.
C. Effective
January 11, 2007, all bargaining unit employees, including those on leave of
absence, will have their base rates increased with a three (3) percent general
wage increase.
D. Effective
January 11, 2008, all bargaining unit employees, including those on leave of
absence, will have their base rates increased with a three (3) percent general
wage increase.
E. Effective
January 11, 2009, all bargaining unit employees, including those on leave of
absence, will have their base rates increased with a three (3) percent general
wage increase.
Section 4. Job Progression
Increases.
On their six (6)-month anniversary of the date of hire or
date of the last job progression increase, all employees below the rate range
maximum for their job classification will, subject to such maximum, receive a job progression increase to
their base rate of fifty (50) cents per hour.
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.
Section
5. Cost-of-Living Allowance.
Employees
on the payroll for a minimum of ninety (90) days will be eligible to receive
Cost of Living Allowance (COLA) increases as defined below. This payment will be based on months of
active service and prorated accordingly.
COLA calculations will continue in the cumulative
fashion as the prior Agreement.
A.
In order to protect the buying power of
its employees against changes in consumer prices, the Company agrees to a Cost
of Living Allowance (COLA) which shall be adjusted, as set forth in Subsection
C of this Section, for changes in the cost of living during the life of this
Agreement.
B.
Eligibility for the Cost of Living
Allowance is extended to employees in the Bargaining Unit in accordance with
Section 3 above.
C.
The basis for determining Cost of
Living Allowance adjustments will be as follows: The Cost of Living Allowance
(COLA) will be determined in accordance with changes in the Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W) (United States City
Average, All Items, 1982-84 = 100), published monthly by the Bureau of Labor
Statistics (BLS), United States Department of Labor, and hereinafter referred
to as the “BLS Consumer Price Index”.
D.
The COLA shall be calculated and paid
on a semi-annual basis, in the form of a Lump Sum Payment, and will not be
folded into one's Base Rate. Said payment will be paid in the first pay period
of the second month following the end of July and January of each calendar
year. (e.g., the first payment would be
made commencing with the payroll on September 3, 2007. The second payment would
be made commencing with payroll on March 3, 2008, etc.) The COLA generated for the
second half of 2006 shall be paid on or before March 3, 2007.
E.
The amount of the COLA which shall be
effective for the periods provided above shall be based on the percent of
increase between the average for the prior six (6) months and the Peg Point
(152.3 or less = $.00) with one-cent ($.01) adjustment for each full 0.075%
change in the average BLS Consumer Price Index for the appropriate six (6)
month period indicated. In no event will
a decline in the average of a quarterly period of the BLS Consumer Price Index
cause a reduction in the Pure Base Rate.
F.
No adjustments, retroactive or
otherwise, shall be made due to any revision, which may later be made in the
published figures of the BLS Consumer Price Index for any base month.
The parties to this Agreement agree
that the continuance of the Cost-of-Living Allowance is dependent upon the
availability of the official monthly BLS Consumer Price Index in its present
form and calculated on the same basis as the BLS Consumer Price Index for
March, 1996.
Section
6. Performance Bonus Plan.
Employees
on the payroll for a minimum of ninety (90) days will be eligible to receive
Lump Sum Performance Bonus increases as defined below. This bonus will be based on months of active
service and prorated accordingly.
The Company will
implement an annual (calendar year) Performance Bonus Plan for the life of this
Agreement. Under this plan employees
will be eligible to receive a Lump Sum Payment equal to a designated percentage
(Target Bonus Percentage) as determined by Management, of one's Base Rate
wagesannual earningsearned by the employee during the
period covered by the Performance Bonus Plan.
At the beginning of each calendar year Management will share with the
These Lump Sum
Payments will be based on the plant's annual business performance. An advance payment, if any, may be made on
about July 31st for the performance period January 1st - June 30th,
with the amount of the advance payment to be determined at the sole discretion
of Management.
Section
7. Lead Pay Premium.
Anyone
required to act as a Lead person shall be notified in writing by his/her
Supervisor and will be paid one dollar ($1.00) per hour above his/her current
Base Rate, and will continue as Lead person until notified in writing that
he/she is no longer to act as such.
Section 8.
Certifications.
The
Company will provide a list of required certifications. Anyone who, as approved by Management,
obtains and maintains the required certifications, and is not in Classification
A, shall move into it upon obtaining such certifications. All other things being equal, seniority will
be the deciding factor for utilizing attained certifications and promotion into
Classification A.
ARTICLE 6
REGULAR
HOURS OF WORK
Section 1. Regular Hours.
The
regular schedule of hours shall be as follows: First (daylight) Shift: Starting
time will be from 5:00 A.M. to 8:30 A.M.; Second Shift: Starting time will be
from 1:30 P.M. to 6:00 P.M.; and Third Shift: Starting time will be from 10:00
P.M. to 1:30 A.M., (eight (8) hour shift, thirty (30) minute
unpaid lunch) on Monday, Tuesday, Wednesday, Thursday, and Friday. Requests by individuals for deviation
from the set times based on hardship will be considered. The Company shall
assign the initial starting times as stated above. Any time in excess of eight (8) hours on a day of rest shall be
accomplished according to the Overtime Section 10 below. A minimum of nine (9) hours
is required between shifts. Each
employee who is scheduled to work overtime after his/her regular shift shall
receive a ten (10)-minute rest period prior to the start of the overtime and an
additional ten (10)-minute break every two (2) hours thereafter.
Section
2. Overtime Rate for Regular Hours.
Time
worked in excess of eight (8) hours in one (1) day or forty (40) hours in any
one (1) week, shall be paid for at one and one-half (1 ˝) times one’s Base Rate. Time worked on one’s Saturday will be
paid at a rate of one and one-half (1 ˝) times one’s Base Rate. Time worked on one’s Sunday will be paid at a
rate of two (2) times one’s Base Rate.
Section
3. Regular Hours for Alternate Work Week.
A. Alternate work week assignments shall be on a voluntary basis
and such assignments shall be communicated to the
B. The
regular schedule of hours shall be as follows: First (daylight) Shift: Starting
time will be from 5:00 A.M. to 8:30 A.M.; Second Shift: Starting time will be
from 1:30 P.M. to 6:00 P.M.; and Third Shift: Starting time will be from 10:00
P.M. to 1:30 A.M., (ten (10)-hour shift, thirty (30) minute unpaid lunch). Saturday
and Sunday shall be two (2) of the three (3) days of rest. Requests by individuals for
deviation from the set times based on hardship will be considered. The Company
shall assign the initial starting times as stated above. A minimum of nine (9)
hours is required between shifts. Each
employee who is scheduled to work overtime after his/her regular shift shall
receive a ten (10)-minute rest period prior to the start of the overtime and an
additional ten (10)-minute break every two (2) hours thereafter.
C. Any
time in excess of eight (8) hours on a day of rest shall be accomplished
according to the Overtime Section 10 below.
Section
4. Overtime Rate for Alternate Work
Week.
Time
worked in excess of ten (10) hours in one (1) day or forty (40) hours in any
one (1) week, will be paid at a rate
of one and one-half (1-1/2) times one’s Base Rate. Time worked on one’s first (1st)
day of rest will be paid at a rate of one and one-half (1-1/2) times one’s Base
Rate. Time worked on one’s second (2nd)
day of rest will be paid at a rate of two (2) times one’s Base Rate. Time worked on one’s third (3rd)
day of rest will be paid at a rate of one and one-half (1-1/2) times one’s Base
Rate.
The length of a vacation day for
employees working the Alternate Work Week will be eight (8) hours, or ten (10)
hours at the employee’s discretion.
Section
5. Premium Rate for Alternate Work Week.
A
premium of $0.75 per hour for all hours worked will be paid to all employees
working the alternate work week.
Section
6. Shift Differentials.
The
second and third shift shall be paid a shift differential of seventy-five (75)
cents per hour.
Section
7. Report Time.
If
an employee reports for work in accordance with instructions, he/she shall
receive a minimum of four (4)
hours pay at his/her Base Rate, including shift differential, alternate
work week premium pay and Lead Pay,
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
will be paid eight (8) hours pay, or ten (10) hours pay if working alternate
work week, at his/her Base Rate,
including shift differential, alternate
work week premium pay and Lead Pay, where applicable.
Section
8. Call Back Pay.
A
minimum of four (4) hours’ pay at the applicable overtime rate will be paid for
any emergency work performed outside of one's regularly scheduled hours except
in case of a continuation without interruption of work on the employee’s
regular shift.
Section
9. Pay Day.
First
and third shift employees shall be paid on Friday. Second shift employees shall be paid on
Thursday. If Thursday and Friday are recognized
holidays in a workweek, all employees shall be paid on Wednesday. If Thursday is a recognized holiday in a
workweek, second shift employees shall be paid on Friday. Paydays and pay times shall remain in the
future as are now in effect, unless unforeseen conditions arise in the Payroll
Department making change necessary. Paychecks may be issued at any time after
the start of the employee’s shift. Any
discrepancies found in an employee’s paycheck will be rectified within three
(3) business days, if possible.
Section
10. Overtime Scheduling.
It
is the intent of the Company to distribute overtime as equally as practicable
in light of the work to be performed by shift, classification and skill. Both the
ARTICLE 7
Determination
of disputes
Section
1.
Definition:
The term “grievance” shall mean a complaint involving the interpretation or
application of this Agreement. A
grievance includes a complaint about any act, communication or omission, which
occurs during the time frame of this Agreement.
Section
2. Grievance Steps.
A.
Step 1. (Oral). Any employee having a
complaint shall first bring it to the attention of his/her immediate
supervisor. A shop steward may be
present if requested by the Company or the employee.
B.
Step 2. (Written). The immediate
supervisor’s decision will be final and binding unless the Union forwards, in
written form, a grievance to the Senior Site Manager, within five (5) working days of the
issuance of that decision. The grievance should identify the
alleged facts giving rise to the complaint, the Article or Sections of this
Agreement alleged to have been violated, and the remedy requested. Within
twenty (20) days of the receipt of the grievance, the Senior Site Manager
or his/her designee will meet with the aggrieved employee and the Union steward
or designee in an effort to adjust the grievance and shall give a written
answer to the
C.
Step 3. (Pre-Arbitration). The Senior
Site Manager’s decision will be final and binding unless, within five (5) working days of the issuance of that
decision, the grievance is appealed in writing to the Senior Site Manager. If so appealed, within twenty (20) days of
the Senior Site Manager’s receipt of appeal, the Senior Site Manager or his/her
designated representative will meet with the aggrieved employee and Union
Business Representative and designated Human Resource representative. The Senior Site Manager or his/her designated
representative will give a written answer to the employee with a copy to the
D.
Step 4. (Arbitration). The decision of the Senior Site Manager will
be final and binding unless, within ten (10) working days of the issuance of
his/her decision, the grievance is appealed in writing to arbitration. Such appeal shall be directed to the Senior
Site Manager. An impartial arbitrator
shall then be appointed by mutual agreement of the parties or, failing such
agreement, a request shall be initiated by the parties to the Federal Mediation
and Conciliation Service to submit a panel of seven (7) names from which a
selection shall be made by the parties striking one person on the panel
alternately with the Union striking first, then on an alternative basis
thereafter with the Company, with
the last person remaining to serve as the impartial arbitrator. The fees and
expenses of the arbitrator and any other joint expense incurred in connection
with the arbitration proceedings shall be shared equally by the Company and the
Section 3.
The
jurisdiction and authority of the arbitrator shall be confined exclusively to
the interpretation of the explicit provision or provisions of this Agreement at
issue between the
Section
4.
The
Company shall not be required to consider or process any grievance not
presented in Step 1 within ten (10) working days of the alleged
violation or knowledge of the alleged violation, whichever is later. Any time
limits may be extended by the parties by mutual agreement. Absent an extension, the Company shall not be
required to consider or process any
grievance which is not processed within the time limits established in this
Article. If the Company is not timely in
responding to a grievance, the grievance will be considered to have merit and
the requested remedy will be granted. Extenuating circumstances will be
considered.
Section
5.
Unless
otherwise mutually agreed to by the Company and the Union, each grievance
appealed to arbitration shall be the subject of a separate and distinct
arbitration hearing and decision and no arbitrator shall be selected by the
parties to hear or decide more than one grievance in any one arbitration
proceeding.
Section
6.
In
the case of termination, suspension, or resignation, the
ARTICLE 8
LEAVES OF ABSENCE, SICK PAY,
JURY DUTY, FUNERAL LEAVE.
Section
1.
A
leave of absence may be granted to any employee with a minimum ninety (90) days
active service for any reason deemed satisfactory to the Company or as required
by law. Where practical, a request for a
leave of absence must be made in writing to the Senior Site Manager or one's
supervisor five (5) working days prior to the beginning of the leave.
Section
2.
Leaves
of Absences will be granted in accordance with the Family and Medical Leave
Act.
Section
3.
Seniority shall accumulate during an approved leave of
absence not in excess of four (4) weeks.
Section
4.
An
employee accepting other employment or engaged in business for himself/herself
while on leave of absence shall be discharged by the Company unless the Union
and the Company have jointly, prior to the commencement of such leave of
absence, agreed in writing that it could be done. In the case of leaves for physical disability,
an exception can be made by joint agreement between the Company and the
Section
5.
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 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 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.
Section
6.
An
employee, on his/her one (1) year anniversary and each year thereafter, will be granted, forty (40) hours of
sick leave. Sick leave shall be allowed
to accumulate for a two (2)-year period. Upon
reaching their anniversary date, unused hours in excess of eighty (80) hours
will be paid out to the employee within thirty (30) days. Sick leave pay shall
be calculated and paid at the employee’s Base Rate including shift differential and alternate work week premium pay, if
applicable.
Section
7.
Up
to four (4) days of bereavement
leave with pay will be granted to an employee on the active payroll for a
minimum of ninety (90) days who, because of death in his/her immediate family,
takes time off from work during his/her normal work schedule. Such pay shall be for the hours of his/her normal work day at his/her straight
time Base Rate, including shift differential, alternate work week premium pay
and Lead Pay, 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 provisions 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
purposes of this Section 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.
Section
8.
A.
When an employee is required to and
actually does serve on jury duty on his/her regularly scheduled working day,
he/she shall receive eight (8) hours pay at his/her Base Rate (plus shift
differential and alternate work week premium pay, if applicable). Employees shall receive holiday pay if a holiday
occurs while on jury duty. Such payments shall be limited to twenty (20) days
in any one calendar year except for grand jury duty when such payment shall be
limited to thirty (30) days in any one calendar year. Proof of such service
satisfactory to the Company must be given before this Section shall apply.
B.
When an employee is subpoenaed as a
witness in a Federal court, or state court of law in the state in which he/she
is working or residing, he/she shall receive eight (8) hours pay at his/her
Base Rate (plus shift differential
and alternate work week premium pay, if applicable). Such payment shall be
limited to twenty (20) days in any calendar year. Proof of such service
satisfactory to the Company must be given before this Section applies. However,
an employee will not receive wages under the above provision if he/she:
- Is called as a
witness against the Company or its interests or
- Is called as a
witness on his/her own behalf in an action in which he/she is a party or
- Voluntarily seeks
to testify as a witness or
- Is a witness in a
case arising from or limited to his/her outside employment or outside business
activities.
C.
Time spent on jury/witness duty is not
to be counted as absenteeism for purposes of disciplinary action or adjusting
vacation or sick leave anniversary dates.
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
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
Section
5.
The
Company shall keep a Seniority List by job classification and, whenever the
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
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.
ARTICLE 10
LOSS OF SENIORITY
Section
1. Loss of Seniority.
An
employee shall lose seniority rights for the following reasons:
A.
Resignation. (Note: An individual who,
while on leave of absence, engages in other employment or fails to report for
work after being medically released to return to work or to obtain renewal of
his/her leave on or before its expiration, will be considered as having
resigned.)
B.
Discharge for cause.
C.
Failure to Respond. Failure to respond
with his/her acceptance within five (5) regular workdays after dispatch by
certified mail, return receipt requested, of a recall from layoff unless such
period is extended by the Company.
D.
Failure to report to work. Failure to
report for work within five (5) working days after acceptance of recall or on
such later date as may be designated by the Company.
E.
Layoff. Layoff for a continuous
period of twenty-four (24) months.
F.
Absenteeism. An employee absent two (2) consecutive working days, unless
medically incapacitated, without
notifying his/her supervisor will be considered to have resigned and
automatically will be terminated.
G.
Retirement.
ARTICLE 11
HOLIDAYS
Section 1. Dates on Which Observed.
The
Company and the
The
holidays granted to each employee shall be:
|
2007 Holidays |
Day |
Date of
Observance |
|
New Year’s Day |
Monday |
January
1, 2007 |
|
Memorial Day |
Monday |
May
28, 2007 |
|
Independence Day |
Wednesday |
July
4, 2007 |
|
Labor Day |
Monday |
September 3, 2007 |
|
Thanksgiving Day |
Thursday |
November 22, 2007 |
|
Friday following
Thanksgiving |
Friday |
November 23, 2007 |
|
|
Monday |
December 24, 2007 |
|
|
Tuesday |
December 25, 2007 |
|
|
Wednesday |
December 26, 2007 |
|
|
Thursday |
December 27, 2007 |
|
|
Friday |
December 28, 2007 |
|
|
Monday |
December 31, 2007 |
|
2008 Holidays |
Day |
Date of
Observance |
|
New Year’s Day |
Tuesday |
January 1, 2008 |
|
Memorial Day |
Monday |
May 26, 2008 |
|
Independence Day |
Friday |
July 4, 2008 |
|
Labor Day |
Monday |
September 1, 2008 |
|
Thanksgiving Day |
Thursday |
November 27, 2008 |
|
Friday following
Thanksgiving |
Friday |
November 28, 2008 |
|
|
Wednesday |
December 24, 2008 |
|
|
Thursday |
December 25, 2008 |
|
|
Friday |
December 26, 2008 |
|
|
Monday |
December 29, 2008 |
|
|
Tuesday |
December 30, 2008 |
|
|
Wednesday |
December 31, 2008 |
|
2009 Holidays |
Day |
Date of
Observance |
|
New Year’s Day |
Thursday |
January 1, 2009 |
|
Memorial Day |
Monday |
May 25, 2009 |
|
Independence Day |
Friday |
July 3, 2009 |
|
Labor Day |
Monday |
September 7, 2009 |
|
Thanksgiving Day |
Thursday |
November 26, 2009 |
|
Friday following
Thanksgiving |
Friday |
November 27, 2009 |
|
|
Thursday |
December 24, 2009 |
|
|
Friday |
December 25, 2009 |
|
|
Monday |
December 28, 2009 |
|
|
Tuesday |
December 29, 2009 |
|
|
Wednesday |
December 30, 2009 |
|
|
Thursday |
December 31, 2009 |
|
2010 Holidays |
Day |
Date of
Observance |
|
New Year’s Day |
Friday |
January 1, 2010 |
Section
2. Unworked Holidays.
Employees
shall receive eight (8) hours pay for unworked holidays (those holidays
designated above), at their Base Rate, including shift differentials,
alternate work week premium pay, and
Lead Pay, if applicable, in effect at the time the holiday
occurs, plus applicable shift differential,
provided however the employee works his/her last full working day prior to
and after the holiday(s), unless excused by his/her supervisor (i.e. full vacation
day, full sick day, funeral leave, jury duty).
Section
3. Alternate Work Week and Holidays.
When
a Company-designated holiday falls on an employee’s normal day off, the
employee will need to schedule the corresponding holiday with the appropriate
supervisor. This holiday is to be taken
during the same week as the Company-designated holiday.
Section
4. Worked Holidays.
Employees
who are required to work on their designated holidays shall receive the pay due
them for the holiday, plus double their Base Rate for all hours worked on such
holiday, plus shift differential, alternate work week premium pay and Lead Pay,
if applicable.
ARTICLE 12
VACATION
Section
1.
All
vacations must be approved in advance by one’s supervisor. The amount of vacation depends on the amount
of seniority. Employees may take
vacation time in increments of two (2) hours or more, or full-day vacations
with pay at the Base Rate in effect for each day of the vacation period,
including shift differentials, alternate work week premium pay, and Lead Pay, if applicable, up to
maximum accrual per the appropriate schedule.
Years of service for former Boeing employees hired on or before the
Effective Date shall apply.
A. Employees Hired Prior to the Effective Date
of the 2002 Agreement.
|
Seniority |
Vacation Days
Earned |
Vacation Pay
(Hours) |
|
1
– 5 |
15 |
120 |
|
6
– 10 |
16 |
128 |
|
11
– 15 |
20 |
160 |
|
16
– 20 |
22 |
176 |
|
21
– 25 |
24 |
192 |
|
26
+ |
26 |
208 |
B. Employees Hired After the Effective Date of
the 2002 Agreement.
|
Seniority |
Vacation Days
Earned |
Vacation Pay
(Hours) |
|
1
– 5 |
11 |
88 |
|
6 |
12 |
96 |
|
7 |
13 |
104 |
|
8 |
14 |
112 |
|
9 |
15 |
120 |
|
10 |
16 |
128 |
|
11 |
17 |
136 |
|
12+ |
20 |
160 |
Section
2.
Up
to ten (10) vacation days may be carried over into the succeeding vacation
year. Those vacation days carried over
must be taken before the expiration of twelve (12) months after the new vacation year anniversary date.
Section
3.
All
vacations shall be taken at a time when they will not seriously interfere with
scheduled operations, and so far as practicable, the Company will attempt to
schedule all vacations for the period for which employees express a preference,
those who have the most seniority being given the first consideration.
Section
4.
Employees
will receive vacation paychecks on the last scheduled payday prior to going on
full week vacations, provided they complete and submit the appropriate request form
within the time required.
ARTICLE 13
Group
Insurance & Retirement Plans
See applicable Benefit Plan
Summary(ies).
ARTICLE 14
HEALTH AND SAFETY
Section
1.
It
is the desire of both parties to this Agreement to maintain high standards of
safety and health in the plant in order to eliminate, as far as possible,
industrial accidents and illness.
The Company shall
maintain on all full shifts an emergency first aid station and will provide
access to emergency medical care.
Section
2.
A.
The Company will continue to furnish
personal protective equipment in particular situations where it is now the
practice to do so unless circumstances in such situations change, making the
use of such personal protective equipment unnecessary.
B.
Two (2) pair of OSHA-approved prescription
safety glasses shall be furnished by the Company for the duration of this
Agreement. This benefit will apply only
to employees who are required by the Company to wear safety glasses on their
job.
C.
The Company is committed to a
smoke-free work environment based on the evidence that tobacco smoke and
second-hand smoke is detrimental to employee health. Accordingly the Company’s facilities are
smoke-free.
Section
3.
The
drug and alcohol-testing program is attached in Schedule B.
ARTICLE 15
MISCELLANEOUS
Section 1. Inventions.
A.
Employees shall be permitted to retain
ownership of an invention conceived or developed by them if the invention (a)
was developed entirely on the employee’s own time and the invention is one for
which no equipment, supplies, facilities, or trade secret information of the
Company was used; and (b) does not (i) relate directly to the business of the
Company or to the Company’s actual or demonstrably anticipated research or
development, or (ii) result from any work performed by the employees for the
Company. All other inventions shall be the property of the Company, and
employees shall assist the Company in the protection of such inventions as
directed by the Company.
B.
No employee shall be required, as a
condition of employment or continued employment, to sign an invention
agreement, which contravenes the provisions of Article 15 (A).
Section 2. Sabotage.
The
Union agrees to report to the Company when it has knowledge of any acts of
sabotage or damage to or the unauthorized or unlawful taking of Company,
government, customer or any other person’s or employee’s property. The
Section
3. Investigatory Interviews.
Each
employee has the right, during an investigatory interview, which the employee
reasonably believes may result in discipline, to request the presence of
his/her shop steward, if the shop steward is available. If his/her shop steward
is not available, such employee may request the presence of another immediately
available shop steward. If a shop steward, pursuant to the employee’s request,
is present during such an interview, the shop steward, in addition to acting as
an observer, may, after the Company has completed its questioning of the
employee, ask additional questions of the employee in an effort to provide
information which is as complete and accurate as possible. The shop steward
shall not obstruct or interfere with the interview.
Section
4. Bulletin Boards.
A.
The Union shall have the right to use
designated bulletin boards on the Company property for the purpose of posting
notices of Union meetings and other activities which are officially approved by
the
B.
No other notices or distribution of
pamphlets, advertising matter of any kind of literature will be permitted in
the plant or on Company property excepting matter the distribution of which is
protected by Section 7 of the National Labor Relations Act as amended. Violators of this rule shall be subject to
immediate disciplinary action up to and including discharge.
Section 5. No Discrimination.
In
the administration of this Agreement, neither the Company nor the Union shall
discriminate against any employee because of that employee’s race, color, sex,
religion, national origin, age, Union membership,
Section
6. Subcontracting.
The
Company shall inform the Union of any subcontracting of typical bargaining unit
work prior to the writing of the contract for the subcontracted work and
discuss it with the
Section
7.
Both
parties agree to establish a safety committee, which will meet on a regular
basis.
ARTICLE 16
STRIKES AND LOCKOUTS
Section
1.
A.
During the term of this Agreement, and
regardless of whether an unfair labor practice is alleged, there shall be no
slowdowns, picketing, boycotts, cessation of work, strikes (sympathy or other),
interference with the business of the Company or other disruptive activities by
employees or the
B.
Any employee violating this provision
shall be subject to whatever disciplinary action may be warranted.
Section
2.
The
Section
3.
Subject
to Article 17, Section 3, the above prohibition on strikes shall not be binding
on the Union sixty (60) days after notice has been served on the Company
pursuant to Section 8(d) of the National Labor Relations Act, as amended, when
no agreement for a new contract has been reached.
Section 4.
Recognizing the
unique relationship of the GKN facility within the BOEING operation, the IAM
commits that any labor dispute involving any union and BOEING in the Puget
Sound Area operation will have no effect on the GKN facility or operation
thereof.
ARTICLE 17
PERIOD OF AGREEMENT
Section
1.
This
Agreement shall be effective for a three (3)-year period and shall become
effective on 11th of January, 2007, and shall remain in force from
year to year thereafter, unless either party shall notify the other, in writing
by registered mail, not more than seventy (70) calendar days nor less than
sixty (60) calendar days prior to the anniversary of the Effective Date in the
year in which contract termination is desired.
Unless terminated, this Agreement shall remain in full force and effect
from year to year thereafter.
Section
2.
Notice
under Section 1 above shall be served on the Vice President-Human Resources for
the Company and the Directing Business Representative for the
Section
3.
If
proper notice is made of the desire to modify or terminate this Agreement and
agreement on such requested modification or termination is not reached by the
expiration date, then either party at any time thereafter may terminate this
Agreement by giving seven (7) days advance notice as provided in Section 2
above to the other not earlier than the expiration date.
ARTICLE 18
SCOPE OF AGREEMENT
Section
1. Waiver of Bargaining Rights and
Amendments to Agreement.
These
Articles of Agreement constitute the total agreement between the two
parties. All other Agreements and
understandings between the Company and the
Section
2. Separability.
If
any term or provision of this Agreement is, at any time during the life of this
Agreement, adjudged by a court or administrative body of competent jurisdiction
to be in conflict with any law, such term or provision shall become invalid and
unenforceable, but such invalidity or unenforceability shall not impair or
affect any other term or provision of this Agreement.
Signed
this 11th day of January, 2007.
GKN Aerospace District Lodge 751

Chem-tronics, Inc. IAM&AW, AFL:CIO

By: By:
_______________
________________
Jim Price Mark A. Blondin

VP,
Human Resources President/DBR
_______________
Kevin Nash

VP
Thermal Joining Center
_______________
Brian
Smith
Chief
Financial Officer
SCHEDULE “A”
|
3 Year► |
2007 |
2008 |
2009 |
||
|
|
|
Increase |
3%
GWl |
3%
GWI |
3%
GWI |
|
Job
Code |
Job
Class. |
Range
Min. |
Range Max |
Range Max |
Range Max |
|
CWT |
Tech A |
$14.00 |
$31.00 |
$31.93 |
$32.89 |
|
CWT |
Tech
B |
$12.00 |
$25.00 |
$25.75 |
$26.52 |
NOTE:
Any employee who is earning over the range rate maximum for Technician B
on January 11, 2007, will be moved into the Technician A job classification.
Schedule
A
JOB
DESCRIPTION
Title: Technician –
A
Job Code: CWT
General Statement:
Responsible for the set-up,
support and production of high quality products and to help create a high
productivity work environment.
Supporting responsibilities include but are not limited to: planning,
checking, developing a sequences of work to fabricate, assemble and inspect
hardware; developing new or improved methods of production, delivery of
finished product to the next operation, equipment maintenance and repair,
maintaining a clean and safe work area, employing safe work practices, and
compiling with Company instructions and directives.
Duties:
The Company will provide appropriate job training to
enable employees to perform all necessary job functions including but not
limited to the following:
1.
Operate CNC
controlled machine tools (Interim machining and final machining of assemblies).
2.
Operate stationary
numerically controlled inspection equipment such as or similar to LK/Fanamation
CMM.
3.
Possess
fluorescent Penetrant inspection certifications of level II or higher.
4.
Operate any
equipment used to fabricate, assemble or process work assignments, including
the operation of multiple machines.
5.
In preparation for
or after welding, tacking, brazing or hand soldering, the employee will clean,
etch, chip, grind, wire brush, and repair defects, as required to complete the
work assignment.
6.
Perform all
welding processes as directed.
7.
Support and
actively participate in Company-sponsored continuous improvement initiatives.
8.
Effectively
communicate and cooperate with other operations personnel.
9.
Collaborate with
customers and suppliers to facilitate the development new and / or improved
assembly techniques and the testing of processes, materials, methods, and
equipment.
10.
Perform any
pickup, rework, incorporation of changes, etc. as required.
11.
Use hand, power
tools and equipment to complete work assignment.
12.
Work from prints,
sketches, specifications, verbal or written information.
13.
Maintain
certifications, qualifications, licenses or permits as required to performed
work assignments.
14.
Coordinate
pertinent information with customers, suppliers and employees, including those
on other shifts.
15.
As directed,
assist any employee in the performance of his/her duties.
16.
Responsible for in
process inspection and all finished work.
17.
When assigned as
Lead person: Assist and direct personnel to meet quality, cost delivery and
schedule requirements. Coordinate
production problem resolutions and process improvements. Communicate with
production and support personnel. Instruct and train personnel. Perform shop work.
18.
Perform any other
duties as directed.
Minimum Qualifications:
Prefer experience in machining welding or other
relevant skills. Must be able to work
from drawings, sketches, charts and handbook formulate. Requires the ability to effectively
communicate and work with others.
Schedule
A
JOB
DESCRIPTION
Title: Technician - B
Job Code: CWT
General Statement:
Responsible for the set-up,
support and production of high quality products and to help create a high
productivity work environment.
Supporting responsibilities include but are not limited to: planning,
checking, developing a sequences of work to fabricate, assemble and inspect
hardware; developing new or improved methods of production, delivery of
finished product to the next operation, equipment maintenance and repair,
maintaining a clean and safe work area, employing safe work practices, and
compiling with Company instructions and directives.
Duties:
The Company will provide appropriate job training to
enable employees to perform all necessary
job functions including but not limited to the following:
1.
Operate any
equipment used to fabricate, assemble or process work assignments, including
the operation of multiple machines.
2.
In preparation for
or after welding, tacking, brazing or hand soldering, the employee will clean,
etch, chip, grind, wire brush, and repair defects, as required to complete the
work assignment.
3.
Perform all
welding processes as directed.
4.
Support and
actively participate in Company-sponsored continuous improvement initiatives.
5.
Effectively
communicate and cooperate with other operations personnel.
6.
Collaborate with customers
and suppliers to facilitate the development new and / or improved assembly
techniques and the testing of processes, materials, methods, and equipment.
7.
Perform any
pickup, rework, incorporation of changes, etc. as required.
8.
Use hand, power
tools and equipment to complete work assignment.
9.
Work from prints,
sketches, specifications, verbal or written information.
10.
Maintain
certifications, qualifications, licenses or permits as required to performed
work assignments.
11.
Coordinate
pertinent information with customers, suppliers and employees, including those
on other shifts.
12.
As directed,
assist any employee in the performance of his/her duties.
13.
Responsible for in
process inspection and all finished work.
14.
When assigned as
Lead person: Assist and direct personnel to meet quality, cost delivery and
schedule requirements. Coordinate
production problem resolutions and process improvements. Communicate with
production and support personnel. Instruct and train personnel. Perform shop work.
15.
Perform any other
duties as directed.
Minimum Qualifications:
Prefer experience in machining welding or other
relevant skills. Must be able to work
from drawings, sketches, charts and handbook formulate. Requires the ability to effectively
communicate and work with others.
Schedule B
WHEREAS,
the parties have a joint interest in workplace safety and in job performance;
and
WHEREAS,
the parties recognize that illegal drug use/prescription drug and alcohol abuse
create serious problems for workers, their families, the workplace and the
community, that drug/alcohol use and abuse acknowledge no boundaries of age,
race, or socioeconomic status, that punishing the employee will not eradicate
the problem, and that efforts must focus on treatment, education and
restoration of the employee to a meaningful productive life, and
WHEREAS,
the parties recognize that a cooperative and constructive effort is needed to
overcome the impact of drug/alcohol use and abuse on safety, productivity,
quality of work, and morale, and that such a policy must apply to abuses of
alcohol and certain prescribed medicines, as well as illegal drugs, and
WHEREAS,
the parties have zero tolerance for drug pushers and providers or those persons
who are in control of these activities or those who knowingly assist in
permitting such activities by acting as couriers, dispensers, bankers, or as
any other key participant in a drug trafficking operation, and
WHEREAS,
the parties recognize the national concerns related to drug abuse, as
demonstrated by the Drug Free Workplace Act and regulations promulgated
pursuant to that Act by the U. S. Department of Defense and other Federal
agencies, and
WHEREAS,
the parties recognize the keys to this effort will be the providing of
education, assistance to employees and their families, encouraging the
employees to receive treatment as needed, fostering and encouraging an
environment which is free of drug/alcohol use and abuse and which deters the
use and abuse of drugs/alcohol.
THEREFORE,
in implementing the general principles stated above, the parties agree as
follows:
1.
EDUCATI0N AND TRAINING
A.
Employees are to be advised in writing
of the GKN Aerospace Chem-tronics Inc. Drug and Alcohol Education, Testing and
Rehabilitation Program. Information is provided to cover various aspects of the
Program including the reasons for the Program, benefits for employees and the
Company, Employee Assistance Services ("EAP"), effects of
drugs/alcohol on individuals and their families, and drug/alcohol tests.
B. Management officials, medical professionals,
designated Union officials, supervisors, plant security personnel and other
selected employees are to be trained on the following issues:
(1) Drug/alcohol abuse recognition, symptoms and
effects;
(2)
Methods of visually identifying
employees who may be under the influence of drugs/alcohol;
(3)
Methods of referring employees who
might be suffering from personal problems that could signal possible
drug/alcohol problems to the EAP;
(4)
Procedures related to handling
employees who appear to be under the influence of drugs/alcohol;
(5)
Documenting observations and
impressions of persons who may be under the influence of drugs/alcohol;
(6)
Drug/alcohol testing program,
procedures, and safeguards;
(7)
Benefit programs and alternatives that
are available; and
(8)
Safety aspects of drug/alcohol problems
in both work and social environments.
2.
DRUG AND ALCOHOL TESTING
A.
REASONABLE SUSPICION DRUG AND ALCOHOL
TESTING POLICY
(1)
This policy covers any employee who
exhibits abnormal behavior at an employee's worksite, such as Company owned or
leased property, vendor or customer facilities, or in any vehicle while on
Company business. Following reasonable
suspicion that an employee has exhibited abnormal behavior within the scope of
this policy, the Company may require that employee submit to drug/alcohol
testing. Union steward or plant chairman
will be notified immediately.
(2)
Initial suspicion will be followed by a
confirmatory evaluation. Testing will be
administered as soon as practicable following suspicion of drug/alcohol use or
being under the influence.
(3)
The requirements of this policy
constitute conditions of employment and refusal or failure to submit to testing
following an order or instruction will be treated in the same manner as a
positive test result under Section 5 of this program subject to the terms of
the grievance and arbitration provisions of the Articles of Agreement.
(4)
The consequences related to
drug/alcohol use or influence in the workplace or on Company business are set
forth in Section 5 of this program.
(5)
For the purposes of this testing
policy, "abnormal behavior" may include, but is not limited to,
sudden, unexpected changes in physical appearance, difficulty in maintaining
balance, difficulty in speech, gait, engaging in an unsafe practice which
endangers the employee or others, the distinct odor of drugs/alcohol, engaging
in physically aggressive behavior or in unusual emotional behavior such as
uncontrollable laughter or uncontrollable crying.
(6)
When the Company has reasonable
suspicion that an employee is demonstrating signs of abnormal behavior, the
employee shall be escorted to the Company designated offsite medical/testing
facility for evaluation by a medical professional. A management official
trained under provisions of subsection 1.B above shall complete a written
report of the observed signs of impairment.
(a)
If judged appropriate by a medical
professional, after assessment of the employee, tests for drugs/alcohol shall
be required. The employee's visit to the
designated testing facility will be conducted in a manner consistent with any
other medical conditions, i.e., privacy, confidentiality of records.
(b)
A trained management official will
determine whether the employee should be escorted to a Company designated
offsite medical/testing facility for evaluation by a medical professional.
B.
POST‑ACCIDENT DRUG AND ALCOHOL TESTING POLICY
(1)
As soon as possible following a
"work-related accident" the Company will require the employee to
submit to drug/alcohol testing if the employee's action or inaction either
contributed to the accident or cannot be completely discounted as a
contributing factor. No testing will be
necessary if the Company determines that the employee's action or inaction
could not have contributed to the work-related accident using the best
information available at the time of the accident. For the purposes of this testing policy, the
following definitions shall apply:
"Work‑related Accident"
is defined as an occurrence arising out of or in the course of employment in
which any person suffers death or serious bodily injury requiring immediate
medical care, or where there is damage to hardware or facilities.
(2)
The Company may require employees
involved in accidents not covered by this subsection to submit to drug/alcohol
testing under the terms of the Reasonable Suspicion Drug and Alcohol Testing
Policy.
(3)
An employee covered by this policy who
is injured at the time of the work-related accident shall authorize the Company
to obtain records, reports, and other documents that would indicate the
presence and extent of drugs/alcohol in the employee's system. If the employee is unable to submit to
drug/alcohol testing after the work-related accident, the employee shall
authorize testing of any samples taken by examining or treating medical facilities. If the employee refuses to grant such
authorization outlined above, such refusal will be treated in the same manner
as a positive test result under Section 5 of this program subject to the terms
of the grievance and arbitration provisions of the Articles of Agreement.
(4)
The requirements of this policy
constitute conditions of employment and refusal or failure to submit to testing
following an order or instruction will be treated in the same manner as a
positive test result under Section 5 of this program subject to the terms of
the grievance and arbitration provisions of the Articles of Agreement.
(5)
The consequences related to
drug/alcohol use or being under the influence in the workplace or on Company
business are set forth in Section 5 of this program.
C. RANDOM
DRUG AND ALCOHOL TESTING POLICY
Random drug and alcohol testing will
only apply to jobs where required by law.
The
D.
RETURN TO DUTY DRUG AND ALCOHOL TESTING
POLICY
(1) This policy covers any employee who commences
or returns to work after failing a required drug/alcohol test. Such employee shall be subject to unannounced
drug/alcohol testing consistent with the provisions of Section 5 of this
program.
(2) The requirements of this policy constitute
conditions of employment and refusal to submit to testing following an order or
instruction will be treated in the same manner as a positive test result under
Section 5 of this program subject to the terms of the grievance and arbitration
provisions of the Articles of Agreement.
(3) The
consequences related to drug/alcohol use or being under the influence in the
workplace or on Company business are set forth in Section 5 of this program.
E. REHIRE/REINSTATEMENT DRUG
AND ALCOHOL TESTING
POLICY
(1) This policy requires any employee whose
employment with the Company was terminated and who returns to employment more
than ninety (90) days after such termination to be tested prior to returning to
work unless otherwise agreed to by the parties or as ordered by an arbitrator.
(2) If prior to rehire/reinstatement an employee
has any record of positive drug/alcohol test results while employed by the
Company, these results will be carried forward as positives under this policy.
(3) The requirements of this policy constitute
conditions of employment and refusal or failure to submit to required testing
following an order and instruction will be treated in the same manner as a
positive test result under Section 5 of this program subject to the terms of
the grievance and arbitration provisions of the Articles of Agreement.
(4) The consequences related to drug/alcohol use
or being under the influence in the workplace or on Company business are set
forth in Section 5 of this program.
3. PROCEDURES
FOR DRUG OR ALCOHOL TESTING
A. PRETESTING PROCEDURE
(1)
A representative of the
(2)
Employee Refusal of a Drug/Alcohol Test
‑ An employee's refusal to submit to testing following an order or
instruction will be treated in the same manner as a positive test result under
Section 5 of this program subject to the terms of the grievance and arbitration
provisions of the Articles of Agreement.
(3)
Precollection Interviews ‑ Prior
to the administration of an alcohol test and/or the collection of a urine
specimen for drug testing, individuals will be thoroughly interviewed to
determine if there may be any medications (over‑the‑counter or
prescription) or other substances that may have been inhaled, ingested, or
injected, which could result in a positive test. Such information will be considered part of
an employee's medical record and will be treated with the same level of
confidentiality.
(4)
Any employee who alters a specimen,
submits a false specimen or assists anyone else to alter or submit a false
specimen will be terminated.
(5)
The President‑Directing Business
Representative or the Assistant Directing Business Representative will have
access to drug/alcohol test results upon obtaining a release from an individual
IAM‑represented employee. In addition,
the President or his/her designee will have access to information on a "no‑name
basis" for all IAM employees and will have access to such statistical
information as number of employees participating in drug/alcohol referrals to
EAP, the number of employees subjected to drug testing, the number of employees
who test positive for drugs/alcohol.
Employees will have the right to obtain copies of their drug/alcohol
test results.
B. TESTING PROCEDURE
(1)
Alcohol Testing - The administration of
an alcohol test shall be in accordance with the test equipment manufacturer's
instructions and the procedures and in accordance with
(2)
Collection Site - Any employee subject
to drug testing must be allowed to provide a split double urine specimen in
private and in an enclosed room. Both sealed specimen bottles will be shipped
to the laboratory.
(3)
Chain of Custody ‑ Collection and
shipment of all samples will follow strict chain of custody procedures
documented in writing. The employee will
be given an opportunity to verify the handling and sealing of their samples at
the collection site.
C. ANALYTICAL LABORATORY PROCEDURE
(1)
Laboratory ‑ The Company will
select only laboratories certified by the National Institute on Drug Abuse for
drug testing. The Company will provide two other laboratory choices if the
employee requests the second portion of the sample tested.
(2)
Confidentiality - The identities of
employees who have tested positive shall be limited to those persons having a
"need to know." Information and records regarding positive
drug/alcohol testing will be considered part of an employee's medical record
and will be treated with the same level of confidentiality.
(3)
Retention of Sample - All urine samples
confirmed positive will be frozen by the testing laboratory and retained for
one year except that where the results of a test are subject to arbitral or
legal challenge, the specimen will be retained until final resolution of such
challenge. Blood samples will be retained in accord with acceptable medical
practices.
D. PROCEDURES FOR RESULT NOTIFICATION
(1)
Notification ‑ A Medical Review
Officer (MRO) reviews and interprets positive test results to assure a
scientifically valid result and to determine whether a legitimate medical
explanation could account for the confirmed positive drug test result. All
individuals who test positive shall be so notified by the Company and given an
opportunity to provide the Company any reasons he/she may have which would
explain the positive test. If the individual provides a reasonable explanation
that can be substantiated to the satisfaction of the MRO, the test result will
be reported as negative to the employee and the employee's supervisor and the
record will be retained.
(2)
Employees have the right to have the
same sample drug specimen retested within seventy‑two (72) hours of the
employee's notification of test result at the same lab at their expense, or to
have the second split specimen tested at their expense at another laboratory in
accordance with paragraph 3(C) (1) above. Should the outcome of the tests
differ, the negative test will be assumed correct and the employee will be
reimbursed for the actual cost of the negative test.
(3)
Drug Test Results ‑ All positive
test results and records will become a part of the employee's medical records.
Negative test results will be retained only if the employee has also had a
prior positive test result.
(4)
The Company is responsible for the
actions of its employees and agents, including the MRO and the laboratories
used in the administration of this program. The Company shall hold the
4. DEFINITIONS
A.
Alcohol ‑ A colorless, volatile,
and flammable liquid that is the intoxicating agent in fermented and distilled
liquors. Includes, but is not limited to, beer, wine and liquor.
B.
Alcohol Test ‑ A scientifically
valid test utilizing detectors to determine the percent (%) blood alcohol
content. The test is non‑invasive and requires the test subject to exhale
into the detector chamber. If employee requests, a scientifically valid method
utilizing a measurement of an actual sample of blood of employee to determine a
percent of blood alcohol present will be used.
C. A Positive Test for Alcohol or Drugs ‑
Means to have the presence of alcohol, a drug or a drug metabolite in an
employee's system as determined by appropriate testing of a bodily specimen
that is equal to or greater than the levels specified below for the
confirmation test. This shall be referred to as a "positive level,"
"prohibitive level," or "positive screen."
The
presence of any of the below listed drugs in an amount equal to or greater than
what is identified constitutes a positive drug test:
|
|
|
Initial Test Levels |
Confirmation Test Levels |
|
1 |
Alcohol |
0.04% |
0.04% * |
|
2 |
Marijuana metabolite |
100 ng/ml |
15 ng/ml ** |
|
3 |
Cocaine metabolite(s) |
300 ng/ml |
150 ng/ml *** |
|
4 |
Opiates |
300 ng/ml |
300 ng/ml |
|
5 |
Phencyclidine (PCP) |
25 ng/ml |
25 ng/ml |
|
6 |
Amphetamine and/or methamphetamine |
1000 ng/ml |
500 ng/ml |
|
*
Percent blood alcohol content **
Delta-9-tetrahydrocannabinol-carboxylic acid *** Benzoylecgonine, ecgonine
methyl ester, and/or ecgonine |
|||
D. Drug Test ‑ A multiple step urine test enzyme multiplier
immunoassay test screening method (EMIT) screening method and a confirmation by
use of Gas Chromatography and Mass
Spectrometry (GC/MS).
E. Drug ‑ Means a controlled substance as defined by Section
802 (8) of Title 21 of the United States Code, the possession of which is
unlawful under Chapter 13 of that Title: marijuana, cocaine, opiates,
phencyclidine (PCP), amphetamine and/or methamphetamine.
F. Medical Review Officer ‑ A physician knowledgeable in the
medical use of prescription drugs and the pharmacology and toxicology of
illicit drugs. MRO will be reviewed on an annual basis upon request by either
party.
5. PROCEDURES
FOLLOWING TESTS FOR DRUGS OR ALC0HOL
A.
The following procedures describe the
rehabilitation opportunities and consequences which shall apply to employees
who test positive for the presence of drugs/alcohol under the following Drug
Testing Policies:
(1)
Pre‑Employment
(2)
Reasonable Suspicion
(3)
Post‑Accident
(4)
Random
(5)
Return to Duty
(6) Rehire/Reinstatement
B. Employees who have been tested under the Reasonable Suspicion and
Post‑Accident policies will be suspended, without pay, pending receipt of
test results. Employees testing under the Random policy shall not be suspended
pending receipt of test results. Suspended employees who test negative for the
presence of drugs/alcohol will be reimbursed for straight time and overtime
wages lost by virtue of their removal from service. The parties agree that when
an employee has violated Company rules other than those relating to
drug/alcohol use that the Company may impose appropriate discipline for those
rule violations.
C. Employee discipline and/or discharge under this section are
subject to the grievance and arbitration provisions of the labor Agreement.
6. LEAVE
OF ABSENCE
In
the event that an employee enters a drug/alcohol treatment program, the
employee will be granted such leave of absence as is necessary to allow the
employee to complete the rehabilitation program in accordance with Article VII
of the Articles of Agreement.
7. FIRST
POSITIVE TEST RESULT
(1)
Following notice of an individual's
initial positive drug/alcohol test result under any of the listed policies, the
employee's suspension, without pay, will be initiated or continued for a
minimum of ten (10) working days. The time lost due to removal from service
pending receipt of test results under Reasonable Suspicion and Post‑Accident
policies shall be applied against the suspension. The employee will be made
aware of the Company EAP and will be encouraged to use the services of the
program.
(2)
If the employee selects the option of
using the Company EAP services after a positive drug/alcohol test, the use of
such services shall be considered as a management‑referred entry rather
than a self‑referred entry. This would result in the referral being
termed "Adverse Information" which must be reported to the government
for employees holding security clearances.
(3)
The employee will not be allowed to
return to active employment until a negative test result is obtained from a
Company‑directed drug/alcohol test, given no later than sixty (60) days
from the date of receipt by the Company of the initial positive test.
(4)
Employees who fail to make themselves
available for retesting within this sixty (60)-day period shall be deemed to
have resigned their employment from the Company. Employees who retest in this
sixty (60) day period and test positive again will fall under subsection 5.G,
below, describing the second positive test result except as set out in
paragraph 5.F (5) below.
(5)
After receipt by the Company of a
negative drug/alcohol test result, the employee may return to active
employment, subject to the following condition:
Employee will
be subject to four (4) unannounced drug/alcohol tests during the twelve (12)
months after the employee returns to work.
If
an employee tests between .040 ‑ .059 for alcohol on his/her first
positive test, the employee will not be given a disciplinary suspension but the
test will be considered as a positive test under this program and the employee
will be sent home for the remainder of the shift. Employees testing .06 or
greater will be given a disciplinary suspension in accordance with this policy.
If
an employee tests positive a second time under this policy, the employee will
be terminated.
9. CONFORMITY
TO LAW
In
the event this Agreement is in violation of any applicable law, the parties
will negotiate such changes as are necessary to conform this Agreement to such
law. Additionally, the parties agree that this Agreement shall not diminish the
rights of individual employees under state and federal law.
Represented
Employees
Hired
on the Effective Date of the 2002 Agreement
Pension Plan
|
|||
|
Normal
Retirement Benefit (NRB) |
Accrued Benefit as of closing date under Boeing formula
(rolled up with earnings escalator) plus future service benefit under Chem-tronics
formula |
||
|
Benefit
Formula |
.75% x FAE x SVC plus .60% x [FAE - CC] x SVC (Max 35 yrs) |
||
|
Earnings
Definition |
Base Pay Only |
||
|
Early
Retirement (ER) |
Accrued
benefit under Boeing plan subject to Boeing ER factors. Future service benefit -Chem-tronics plan
payable at age 55 with 10 years of service, reduced 6% per year from age 65
to early retirement |
||
|
Payout
Options |
Annuity only for Boeing benefit; lump sum or annuity for
Chem-tronics benefit |
||
Savings / 401(k)
Plan
|
|||
|
Employer
Match |
50% of employee deferrals (maximum 8%) for maximum match
of 4% of salary |
||
Medical (Active
and pre-65 Retirees)
|
|||
|
Plan
Design |
Refer to Plan Summary |
||
|
Employee
Cost |
18% of the monthly premium |
||
|
|
|||
|
Contribution to FSA |
$100
annual minimum / $5,000 annual maximum |
||
|
|
|||
|
|
PPO Plan Enrollees |
% |
|
|
Year one
contribution for EE Only |
$60.23 |
18% |
|
|
Year one
contribution for EE+Children |
$114.44 |
18% |
|
|
Year one
contribution for EE+Spouse |
$126.48 |
18% |
|
|
|
PPO Plan Enrollees |
% |
|
|
Year one
contribution for EE+Family |
$186.71 |
18% |
|
Dental (Active
and pre-65 Retirees)
|
|||
|
Plan Design |
Refer to Plan Summary |
||
|
Employee Cost |
18% of the monthly premium |
||
|
Vision (Active and
pre-65 Retirees) |
|||
|
Plan Design |
Refer to Plan Summary |
||
|
Employee Cost |
50% of the
monthly premium (same as Chem-tronics percentage) |
||
|
Ancillary Benefits |
|||
|
Company
Paid Life Insurance |
1 x
Base Annual Earnings |
||
|
Optional
Life Insurance |
Up to
$1,000,000 (employee paid) |
||
|
Company
Paid Short Term Disability |
66-2/3%
Base Annual Earnings (w/offsets ie, workers’ compensation, federal/state
disability) |
||
|
Company
Paid Long Term Disability |
66-2/3%
Base Annual Earnings (w/offsets ie, workers’ compensation, federal/state
disability) |
||
Represented
Employees (Active)
Hired
After the Effective Date of the 2002 Agreement
Savings / 401(k)
Plan
|
|||
|
Employer
Match |
50% of employee deferrals (maximum 8%) for maximum match
of 4% of salary |
||
Medical (Active
and pre-65 Retirees)
|
|||
|
Plan
Design |
Refer to Plan Summary |
||
|
Employee
Cost |
18% of the
monthly premium |
||
|
|
|||
|
Contribution
to FSA |
$100
annual minimum / $5,000 annual maximum |
||
|
|
|||
|
|
PPO Plan Enrollees |
% |
|
|
Year one
contribution for EE Only |
$60.23 |
18% |
|
|
Year one
contribution for EE+Children |
$114.44 |
18% |
|
|
Year one
contribution for EE + Spouse |
$126.48 |
18% |
|
|
Year one
contribution for EE + Family |
$186.71 |
18% |
|
Dental (Active
and pre-65 Retirees)
|
|||
|
Plan Design |
Refer to Plan Summary |
||
|
Employee Cost |
18% of the monthly premium |
||
|
Vision (Active and
pre-65 Retirees) |
|||
|
Plan Design |
Refer to Plan Summary |
||
|
Employee Cost |
50% of the
monthly premium (same as Chem-tronics percentage) |
||
|
Ancillary Benefits |
|||
|
Company
Paid Life Insurance |
1 x
Base Annual Earnings |
||
|
Optional
Life Ins. |
Up to
$1,000,000 (employee paid) |
||
|
Company
Paid Short Term Disability |
66-2/3%
Base Annual Earnings (w/offsets ie, workers’ compensation, federal/state
disability) |
||
|
Company
Paid Long Term Disability |
66-2/3%
Base Annual Earnings (w/offsets ie, workers’ compensation, federal/state
disability) |
||
PPO BENEFITS AT A GLANCE – HIGHMARK BC/BS
|
Plan Basics |
In Network |
Out-of-Network |
|
Deductible §
Individual §
Family
– maximum of 2 times individual deductible |
$100 |
$250 |
|
Annual Out-of-Pocket (OOP) maximum (does not include deductible) §
Individual §
Family
– maximum of 2 times individual deductible |
$1,000 |
$2,000 |
|
Outpatient Care |
|
|
|
Surgery/Diagnostics
Tests/X-Rays If treatment is sought at an
in-network facility, benefits will be covered at the in-network level for
radiologist/pathologist/ anesthesiologist. |
90%* |
70%* |
|
Physician
Office Visits |
$15 copay |
70%* |
|
Inpatient Care |
|
|
|
Hospital
Room & Board Physician Services |
90%* 90%* |
70%* 70%* |
|
Emergency Care |
|
|
|
Emergency
Room (waived if admitted) Benefits will be reduced if
services are received for a non emergency |
$50 copay |
$50 copay |
|
Ambulance
or other emergency related charges |
90%* |
70%* |
*After deductible
|
Mental Health/Chemical Dependency |
|
|
|
Inpatient -30 day annual maximum, only 2 chemical
dependency treatments per lifetime · &nb |