FAURECIA Interiors Systems, INC.
UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
LOCAL NO. 892
This Agreement made this day of____ by and between Faurecia Interior Systems, and International Union, United Automobile, Aerospace and Agricultural Workers of America, UAW, and Local 892.
1.01 The purpose of this Agreement is to establish a framework of understanding that will insure the production of a world class product in a participative environment, enabling us to provide the highest degree of customer satisfaction in the automotive industry.
- Providing a quality product competitively priced.
All employees (salaried and hourly) are part of the Company team and as such will be provided the opportunity to contribute and grow without constraints of artificial barriers and participate in continuous improvement and training events.
- We are committed to an environment that encourages initiative, experimentation, continuous improvement, elimination of waste and new ideas supported by an open communication system.
1.02 The Saline Plant will be one of Faurecia's showcase plants, as such; the parties agree to allow employees outside the bargaining unit to be trained within the plant. The intent is to provide real time training and better understanding of Faurecia's Systems for hourly and salary employees and when appropriate other non-Faurecia personnel. The training programs will not create any layoffs to any active Union employees.
1.03 This Agreement establishes harmonious relations between the parties and to facilitate orderly adjustment of grievances, complaints, and disputes, which may arise from time to time between the Company and the Union. This Agreement is entered into in consideration of the mutual performance thereof in good faith by the parties.
2.01 Faurecia Interiors Systems, _____________, Saline, Mi. (hereafter referred to as the “Company”) recognizes the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 892(hereafter referred to as the “Union”), as the sole and exclusive bargaining agent for all full-time production and maintenance, shipping, quality control, team leaders, employees but excluding all office, clerical, technical, paraprofessionals, professional employees, guards, security, all supervisors, and quality Technicians as defined by the National Labor Relations Act, of the Company at 7700 Michigan Ave. Saline, MI. This provision does not confer any rights other than those rights expressly stated in the body of this agreement.
3.01 Except to the extent expressly abridged by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively, all of its rights to manage the business, as such rights existed prior to the execution of this Agreement with the Union. These sole and exclusive rights of Management shall include, but are not limited to, its right to determine the existence of facts which are the basis of a Management decision; to determine and implement production and management systems such as the Faurecia Excellence System, to determine prices of products, volume of production and methods of financing; the full and exclusive control , management and operations of its facilities, the determination of the scope of its activities, products to be manufactured, and methods pertaining hereto, the location and relocation of such manufacturing and other business activities and operations: the material and goods to be acquired or utilized, and the equipment to be utilized, schedules of work, and production schedules and standards, the right to drop a product line; to determine, and from time-to-time re-determine, the size, number, location and types of its operations, and the methods, processes, and the materials to be employed; to discontinue processes or operations; to determine the number of hours per day or per week operations shall be carried on; to select and to determine the number and skills of employees required; the right to establish, change, combine or eliminate jobs, positions or classifications, as well as departments, sections, and units: the right to establish wage rates for new or changed jobs or positions, subject to the provisions of Article 32: the right to introduce or to make technical changes to procedures, methods, processes, facilities, fixtures and equipment: the right to contract, subcontract, whether in-house or off premises, lease, license, transfer or convey or assign any manufacturing work, department section, or unit or other operation, outside the bargaining unit: the determination of the number of employees, the assignment of duties to employees, and the direction of the work force, including but not limited to hiring, selecting and training, of employees, and disciplining, suspending or discharging employees, the cause of which discharge shall not be without just cause, scheduling, assigning, laying off, recalling, promoting, transferring and interchanging of its employees: to assign work to such employees in accordance with the requirements determined by Management; to establish and change work schedules and assignments; to transfer, promote, or demote employees or to layoff, terminate or otherwise relieve employees from duty for lack of work or other legitimate reasons; to determine the fact of lack of work; to make and enforce reasonable rules for the maintenance of discipline; to suspend, discharge, or otherwise discipline employees for just cause and otherwise take such measures as Management may determine to be necessary for the orderly, efficient and profitable operations of its business. The Company’s failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.
3.02 It is the intention of the Company and Union that the rights, powers, authority and functions referred to herein shall remain exclusively vested in the Company so far as specifically surrendered or limited by express provision of this agreement. Disputes pertaining to the reasonableness of any new or changed rules and regulations implemented by the Company may be taken up through the grievance and arbitration procedure identified in Articles 7 and 8 of the agreement.
UNION SECURITY, DUES CHECKOFF and VCAP
4.01 The following provisions as to membership, and deduction of Union dues with respect to the employees within the collective bargaining unit are agreed to for the term of this Agreement, provided, however, that they shall be effective only subject to and conditional upon the Union and the employees complying with the applicable provisions and requirements of the Labor-Management Relations Act, 1947, as amended.
4.02 It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing and those who are not members on the effective date of the Agreement shall become members not later than Thirty (30) days following the effective date of this Agreement. It shall also be a condition of employment that all members covered by the Agreement and hired during the term thereof, shall, on or before the Thirtieth (30th) working day following the beginning of such employment on or after the Thirtieth (30th) day following the effective date of the Agreement, whichever is later, become and remain members in good standing with the Union. The Company shall notify new employees at the time of hiring of the requirement. The Union agrees to accept for Union membership all employees hired by the Company who apply for membership.
4.03 The Company shall not be required to terminate the employment of any employee on the grounds that such employee has ceased to be a member in good standing until the expiration of five (5) working days after receipt of notice in writing by the Union to the Company that such employee is not a member of the Union in good standing. It is understood and agreed, pursuant to the Labor-Management Relations Act, 1947, as amended, that loss of good standing in the Union shall not affect continued employment unless such is failure to tender regular dues or initiation fees as uniformly required for all employees. The employee shall have the right to pay such dues or initiation fees within said five (5) working day period.
4.04 Upon receiving the written authorization of an employee in a form provided to the employee by the Union, the Company agrees to deduct from the first complete pay period each month such amounts as shall be fixed pursuant to the by-laws and Constitution of the Union during the continued effectiveness of such written authorization.
4.05 The Union will certify in advance to the Company, in writing, the amount of dues and initiation fees to be deducted from the pay of each employee, and shall indemnify and hold harmless the Company against any liability which may arise by reason of the deduction by the Company of the Union dues and initiation fees hereunder. In no event shall the Company be liable to any employee for and deduction from the pay of any such employee of Union dues and initiation fees, or any payments made by the Company to the Union hereunder.
4.06 All sums shall be remitted once a month to the Financial Secretary of the Union, or other authorized person named by the Union, and shall include a monthly statement indicating those employees from whose earnings deductions were made and the amount of such deduction. The Union shall not ask for nor shall the Company be required to provide the social security number or date of birth of any individual.
4.07 In the event an employee has no dues deducted in any calendar month, the Company shall explain the reason on the monthly dues deduction statement.
4.08 V-Cap Check-off Authorization
During the life of this Agreement, the Company agrees to deduct from the pay of any employees covered by this Agreement provided that such executes or has executed the “Authorization for Assignment and Check-off of Contributions to UAW V-Cap” form.
A properly executed copy of the “Authorization for Assignment and Check-off of Contributions to UAW V-Cap” form for each employee for whom voluntary contributions to UAW V-Cap are to be deducted hereunder, shall be delivered to the Company before any such deductions are made, except as to employees whose authorizations have heretofore been delivered.
Deductions shall be made only in accordance with the provisions of and in the amounts designated in said “Authorization for Assignment and Check-off of Contributions to UAW V-Cap” form, together with the provisions of this section of the Agreement.
Deductions shall be made, pursuant to the forms received by the Company, from the employees first pay received each month so long as the employee’s authorization has not been revoked and is still in effect.
The Company will remit said deductions to: UAW-VCAP, Bank One, Dept. 78232, Article 23 Voluntary Exchange, P.O. Box 78000, Detroit, MI 48278-0232 by the 20th of each month. The Company further agrees to furnish UAW V-Cap with the names of those employees from whom deductions have been made, and the amounts deducted for each employees. This information shall be furnished along with each remittance.
The Union shall indemnify and save the Company harmless from all claims, demands, suits, or any other liability arising out of or by reason of action taken or not taken by the Company for the purpose of complying with this section of the Agreement.
4.09 The check off authorization format to be supplied by Local 892 is attached to this Agreement.
STRIKES AND LOCKOUTS
5.01 The Union and Company agree that both desire uninterrupted production and operation. During the life of this Agreement, the Union shall not authorize, sanction, encourage, ratify, acquiesce in, condone, or permit any of its members to take part in, nor shall any member of the Union take part in, a sit-down, stay-in, slowdown, curtailment, of work, restriction of production, strike, stoppage, artificial sick call, sympathy strike, unfair labor practice strike, secondary activity, sabotage, non-respectful of work instructions, the production of non-quality parts, or any interference of operations of the Company.
5.02 The International Union or the Local Union shall not be held financially liable for any such Unauthorized Acts provided that upon receipt of notice from the Company of the occurrence of any Unauthorized Acts, the International Union and the Local Union shall immediately and officially notify employees involved to terminate such Unauthorized Acts and promptly take the following actions:
1. The International Union by certified letter to the Local Union officers shall state that such Unauthorized Acts are not directed or authorized by the Union and are in violation of this Agreement.
2. Endeavor to induce employees to cease such Unauthorized Acts.
3. The Local Union officers and stewards shall, by example, continue to work and endeavor to induce all other employees to do so.
5.03 The Company agrees that there shall be no lockout of any kind during the term of this agreement. This Lockout provision shall not apply in the event of an authorized strike.
5.04 Any employee engaging in, or assisting such action, shall be subject to disciplinary action up to and including termination.
6.01 The Company acknowledges the right of the Union to elect a Plant Committee
· 1-200 employees, there will be 1 full time Chairperson
· 201-600 employees, there will be 1 full time argaining ommittee persons.
· 601- 900 employees, there will be 1 additional full time plant District committee person
· 901- 1500 employees, there will be 1 additional full time plant District committee person
· 1501-2000 employees, there will be 1 additional full time plant District committee person
Committee representatives will be shifts designated by the chairperson.
6.02 The duty of the committeepersons, or plant chairperson, shall benot limited; to represent the employee(s), administer process grievances as outlined in the Grievance Procedure.
6.03 The Union will inform the Company in writing of the names of the committeepersons and plant chairperson, and any subsequent change in the names of the committeepersons and the plant chairperson, and the Company will not be required to recognize the committeepersons and plant chairperson until such notification from the Union has been received. There shall be one (1) alternate committeeperson for each regular committeeperson and that alternate is to be active only in the absence of the regular committeeperson.
6.0 The Company agrees to recognize a Negotiating Committee which will be the Plant Committee, along with Representatives from the International Union, and/or the President of the UAW Local 892.
6.0 The Company will provide six (6) keyed Union bulletin board. The boards will be placed in each of the five break areas and one (1) in front of the Union offices for official Union business. Plant Chairperson will be the owner of the keys. The Union will be allowed to hand out leaflets in the lunch room and at the plant entrance only.
6.0. Chairperson will be paid 10 hours per day at the appropriate rate Monday – Friday. Saturday/Sunday/Holiday overtime will be scheduled to work if 2 or more people in the plant are scheduled.
6.0. Bargaining committee person will be scheduled 40 hours per week Monday – Friday. The bargaining committee will be scheduled daily overtime consistent with the production schedule. Saturday/Sunday/holiday will be scheduled when 50 or more people in the plant are working.
6.0. District committee will be scheduled 40 hours per week Monday – Friday. The district committee will be scheduled daily overtime consistent with the production schedule. Saturday/Sunday/Holidays a shift of 50 or more employees working on a given shift, 1 District committee person will be the shift.
6.. The Company will maintain the current Union offices and conference room. Should circumstances arise with maintaining the Union offices, conference room, or hours of work, the parties agree to discuss such issues and implement changes upon mutual agreement.
6.1. The Company and Union will discuss updated computers, printers, office supplies, fax machine, desks, chairs tables and partitions. The Company will refurbish, update or replace, as mutually agreed too, in an agreed amount of time.
7.01 A grievance is defined as a specific alleged violation of this Agreement, or a dispute as to the interpretation or application of any provision of this Agreement.
7.02 The following procedure will be followed in settlement of such grievance(s).
Step One – Supervisor Level
An aggrieved employee shall first discuss the grievance with the employee’s immediate supervisor or the employee’s designee. If this employee is still aggrieved after the discussion, the employee may request that the supervisor send for the designated committeeperson for further discussion of the matter. If the complaint or issues cannot be resolved, the grievance shall be reduced in writing and stating the nature of and facts giving rise to the grievance, the specific provision(s) of this Agreement that are alleged to have been violated, and the remedy sought. This written grievance shall be presented by the employee’s committeeperson to the supervisor within three (3) working days of the occurrence or when the Union or employees are made aware of the alleged violation. The supervisor shall give a reply in writing to the committeeperson within three (3) working days following receipt of the written grievance.
Step Two – Manager Level
If the grievance has not been settled at Step One, the committeeperson may, if within three (3) working days of receipt of the supervisor’s written reply, request, in writing, a meeting between the committeeperson and the department manager or designated representative, but without the employee, who will arrange such a meeting within three (3) working days thereafter to attempt settlement.
The department manager will give written answer to the grievance to the committeeperson within three (3) working days following the meeting.
Step Three – Plant Manager’s Level
If the grievance has not been settled at Step Two, the plant chairperson, prior to the expiration of five (5) working days after receipt of the department manager’s written answer, may request in writing a meeting with the plant manager. A mutually satisfactory date will be established for the plant manager or representative and Union’s grievance committee to meet. The Company’s answer shall be given to the Union, in writing, within six (6) working days following the meeting.
The Chairman of Local 892 or representative of the International Union will attend a Step 3 meeting provided a 24-hour advance notice of their attendance is given to the Company. If requested at the time of such advance notice, the representative of the International Union may consult with the aggrieved employee prior to the start of or during the Step 3 meeting.
Grievances dealing with discharge shall commence with the Third Step of the Grievance Procedure, with strict adherence to the terms of the Third Step of the Grievance Procedure.
The time limits foreseen at the various steps of the Grievance Procedure may be extended by mutual consent in writing by both parties.
No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
Failing a satisfactory settlement as in Step Three, the grievance may be submitted to Arbitration as outlined in Article 8 of this Agreement.
7.03 The Company shall not be subject to any financial liability for any period more than, up to, thirty (30) days maximum, prior to the date a grievance was filed in writing, subject to Section 8.06.
7.04 Neither the Union nor the Company shall accept or advance a grievance unless it is submitted or appealed within the time limits set forth in the grievance or arbitration provisions of the agreement. If the Union does not submit a timely grievance or appeal, then it shall be deemed a withdrawal without prejudice. If the Company does not submit a timely answer to a grievance or appeal, then the grievance shall be deemed settled, without prejudice, in favor of the Union.
8.01 If a satisfactory settlement of a grievance cannot be reached between the parties at Step Three of the Grievance Procedure, the Union may, within thirty (30) calendar days from the receipt of the Company’s Third Step answer, request that the grievance be arbitrated. Such written request to arbitrate shall be set forth (i) the specific action or non-action claimed to constitute a violation of this Agreement, (ii) the specific provision or provisions (paragraph or paragraphs) of the Agreement claimed to be violated, (iii) the specific relief requested and the specific employee or employees for whom the relief is requested.
8.02 The parties shall mutually select an arbitrator. In the event they cannot agree on the selection of an arbitrator, the parties shall select an arbitrator from the following panel: Barry Brown, Mario Chiesa, William Daniel, Mark Glazer, Peter Jason, Michael P. Long, George Roumell, David Grissom, Nora Lynch, Donald Sugerman, and Elaine Frost. Upon mutual agreement of the parties the list may be modified. The grieving party shall strike a name first from the panel of arbitrators, and thereafter the parties shall alternate until one remains, who shall be the arbitrator.
8.03 More than one (1) grievance may be heard by an Arbitrator at one (1) time provided the Arbitrator, the Union and the Company agree. The Union shall make the final determination as to whether or not any grievance involving employees in the bargaining unit shall be processed and whether or not any grievance in process shall be settled.
8.04 The Arbitrator shall have no power to add to, or subtract from, or modify any of the terms of this Agreement; nor shall the employee exercise any responsibility or function of the Company or the Union. No questions affecting the negotiated wage structure or production standards of the Company shall be raised to the arbitrator.
8.05 The Arbitrator’s award shall be made in writing and shall be rendered within thirty (30) calendar days after the closing of the proceedings or submission of post-hearing briefs.
8.06 Any claims including claims for back wages by an employee covered by this Agreement or by the Union, against the Company shall not be valid for a period prior to the date the grievance was first filed in writing, except that in cases based on a violation which is continuing, if the circumstances of the case made it impossible for the employee, or for the Union, as the case may be, to know that he, or the Union, had grounds for such a claim prior to that date, the claim shall be limited retroactively to a period thirty (30) days prior to the date the claim was first filed in writing.
8.07 Any award of back wages and/or benefits shall be limited to the amount of wages and/or benefits the employee(s) would otherwise have earned from the employee’s employment with the Company during the periods as above defined. Specifically excluded from any award of back wages and/or benefits are statutory benefits and payments to which the employee(s) is entitled including but not limited to unemployment and workers’ compensation benefits.
8.08 The Grievance and Arbitration Procedures of this Agreement shall not be applicable to grievances arising in the period between the termination of this Agreement and the effective date of a subsequent Agreement unless an extension of this Agreement is agreed upon by both parties.
8.09 Regardless of the outcome of any matter submitted to Arbitration, costs thereof shall be borne by the Company and the Union, share and share alike. The cost of any additional service required by either party, this includes wages and expenses for all persons involved, shall be borne by the party requesting these services.
8.10 The time limitations set forth in this Article or in Article 7 Grievance Procedure, may be extended in a particular instance by mutual agreement of the Company and the Union confirmed in writing.
9.01 Seniority will refer to continuous service at the Company since the employee’s most recent date of hire. After successfully completing the 90 workdays probationary period, seniority is measured back from the date of hire.
9.02 There shall be no seniority rights or collective bargaining benefits for probationary employees, and the Company may transfer, layoff, recall and/or discharge or suspend such employees for any reason with such action not subject to the Grievance Procedure.
9.03 An employee will lose seniority and employment with the Company will be terminated for any of the following reasons:
(a) If the employee voluntarily quits.
(b) If the employee is discharged and the discharge is not reversed through the grievance procedure.
(c) If the employee is retired under the Company retirement policy.
(d) If the employee is absent for more than three (3) consecutive working days without properly notifying giving a satisfactory reason for not calling in.
(e) If the employee has been laid off due to lack of work and does not return within five (5) working days after being contacted personally to report for duty.
(i) When the employee cannot be contacted, the Company will notify the employee, by registered mail, to the employee’s last known address, and the employee will be allowed no more than five (5) working days from the signature date of such notification to report for duty. A copy of the registered letter will be provided for the plant chairperson at the time of mailing.
(ii) If the employee is at work with another employer, the employee will not lose seniority if the employee reports for work with the Company within five (5) working days following the employee’s notice of recall as outlined in Article 11.
(f) If the employee overstays any Company approved leave of absence without receiving an extension, in writing, of such leave of absence.
(g) If the employee accepts gainful employment while on any leave of absence without first obtaining the consent, in writing, of the Company.
(h) If the employee is laid off due to lack of work and not recalled or absent for any other reason including, but not limited to, workers compensation injury or illness, or non-occupational injury or illness within a period exceeding the lesser of the employee’s length of service or 2 years.
9.04 It shall be the responsibility of the employee to notify the Company in writing promptly of any change in their address and phone number (listed or unlisted). If an employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee.
9.05 An employee who is transferred to a supervisory position or salaried position will be placed on leave from the bargaining unit for no more than 90 days. If the employee chooses to stay in a non-bargaining unit job the employee will lose all seniority rights.
9.06 For the purposes of lay off and recall, the plant Union committee as described in Article 5 will be treated as if they had high seniority, provided such employees have the responsibility for the administration of the collective bargaining agreement and adjustment of grievances.
9.07 Seniority Tie Breaker
The following order will be used to break seniority ties as necessary under all procedures within this Local Agreement:
1. Faurecia Plant Seniority
2. Alphabetically “A” to “Z”
(A having the highest seniority)
3. Last 4 of your Social Security Number
(9 being the highest and 0 being the lowest)
TEMPORARY AND PERMANENT LAYOFF
Temporary Layoff is identified as “a layoff of not more than 1 calendar working days”. The Company will notify the Union of each temporary layoff as far in advance as possible. The affected employees on the affected line/department will be laid off regardless of seniority for periods of less than 5 working days. In cases of a shift re-align as a result of a temporary layoff, the affected employees will be notified, where feasible at least 5 days in advance when circumstances surrounding the layoff allow.
1. During temporary layoffs, of more than 5 working days, the Company will first survey for volunteers in seniority order by line, by department and by classification.
2. If there are not enough volunteers employees will be laid off in seniority order by line, by department and by classification from low seniority to high seniority.
3. Temporary layoffs will not be used for the purpose of avoiding permanent layoffs by scheduling a series of temporary lay-offs to meet planned production needs.
During short term layoff the Company may elect to facilitate training workshops for all employees. In those instances, the Company will meet with the Union to review their training plans and production schedules.
Extensions and alterations may be granted with mutual agreement.
Permanent layoffs is defined as “a layoff without a defined return to work date or layoff of more than 14 days” as a result of loss of product, rebalance in manpower or permanent reduction if force.
The following will apply for production selection:
1. All temporary employees, plant wide, will be reduced first
2. By plant wide seniority
The following will apply for skilled only:
1. By classification
2. By date of entry
3. By plant wide seniority
11.01 Displaced and Temporary laid off employees will be recalled in seniority order by classification.
Permanent laid off employees will be recalled in seniority order; skilled trades by classification, by date of entry by plant wide seniority.
11.02 Any employee who refuses a recall to any available job shall lose seniority, and employment with the Company will be terminated, subject to Clause 9.03 (e)(i) and (ii).
11.03 When possible, the Company will notify the affected employee(s) at least one (1) week prior to any permanent recall. The Company will notify the Chairman of the Union Committee of the layoff and recall activity in as far in advance as possible
JOB VACANCIES AND LATERAL TRANSFERS
12.01 HIGHER RATED CLASSIFICATION VACANCIES:
1. In the event that a designated position becomes available, an employee shall be eligible to bid on that position, regardless of the rate of pay. The Company will consider an employee’s request to fill a job vacancy, if the employee has not been disciplined up to a written warning. If a job is to be filled it will be posted within 30 days unless mutually agreed to by both parties. Jobs will be posted for a 72 hour period, excluding Saturdays, Sundays, and holidays. Promotional Jobs bids will be posted 11AM Tuesday.
2. An employee will be eligible to bid on two postings per 24 hour period provided the departments for any like classifications on any two postings are different.
3. An employee shall apply for a job by completing the Hourly Job Application form, indicating the bid sheet number. The bidding employee will retain the blue copy of the Hourly Job Application form as a receipt and place the remaining two copies in a secured receptacle provided for that purpose. The posting and Hourly Job Application forms will be located on the posting board outside the Human Resources office. All postings shall include the bid sheet number, department name/number, pay rate, shift, and date of posting. A notice that a job is available for bid will be posted on the bulletin board at the west hourly entrance.
4. An applicant who is selected, or who refuses a job prior to going on the job will not be eligible to apply again for 60 days. The 60 days will start from the day the applicant refuses the job. The applicant will write refused next to their name on the bid sheet and initial and date the bid sheet. An applicant who refuses or is disqualified within five working days of being transferred to a job opening, will not be eligible to apply again for 120 days and will be returned to his/hers previous job.
5. The Human Resource Department shall give consideration to all eligible candidates in seniority orderand qualifications from the highest seniority applicant to the lowest seniority applicant, until a selection is made. An employee’s refusal shall be noted and initialed on the posting. The selecting Human Resources Department shall make the selection known to the Union in writing, and the reason for the selection no later than ten (10) days after the posting is closed for bids. The Human Resources Department and the Union Committeeperson shall orally discuss the selection. The Committeeperson shall make his objection known to the Human Resource Representative if he/she does not concur with the selection. The Committeeperson shall acknowledge notification of the selection by signing and dating the copy of the numbered bid sheet.
a. If a posting must be cancelled, the Human Resource Representative must, at the time of the cancellation, notify the Union in writing of the reasons thereof.
b. The selecting Human Resource Representative must sign-off on the posting before the selection will be considered official.
c. Prior to initiating a grievance, disputes will be discussed at the Human Resources/Bargaining Committee meeting.
6. The Union copy of the job posting will be returned to the Committeeperson at the time he/she acknowledges receipt of notification of selection. The Union copy shall be a legible copy of the original posting.
7. An employee who is selected will be notified of the selection as soon as possible. A selected employee will be transferred as soon as possible.
8. An applicant who is selected will not be eligible to apply for a transfer until 90 days has elapsed on the job.
9. After the selection is made, the posting number, the name, and seniority of the selected employee will be posted on the bulletin board by the Union Office.
10. The Company will maintain a list of employees with recall rights to a classified position and/or those granted ‘next available opening’ via the grievance procedure to a classified position. The Company will review this list prior to placing any classified positions up for bid.
11. Deviations from the provisions of this Agreement may be made by mutual agreement between the parties.
12. When new employees are hired, they may be placed on any shift for training until they attain the necessary efficiency level. Nothing contained in this Article shall be construed to limit the Company’s right to hire new employees, if there are no qualified employees within the bargaining unit to fill a job vacancy.
13. The Company and Union will jointly select a list of candidates for GAP Leaders. To fill a vacancy The Company will than assign the GAP leader from the list. The Union may provide reasons why it believes that a GAP leader should be removed; however, it is the sole right of the Company to remove GAP Leaders. .Employees will be considered for GAP leaders only if they have 6 months of service and have not been disciplined up to a written warning. GAP leaders will improve the quality, efficiency and work environment through continuous improvement and through the elimination of waste however they will not have managerial rights.
14. In the event of a job vacancy in Skilled Trades/ Process Tech the employee who meets the minimum qualifications with a passing score on a test mutually developed by the Company and the Union and will be selected in seniority order and awarded the job. The Company reserves the right to hire employees for maintenance from outside the bargaining unit.
15. In the event of a transfer of operation(s) within the plant from one department to another, the parties will meet prior to the effective date of such transfer to establish a mutually agreeable means of selecting the employee(s) who will transfer with the identified operation(s).
12.02 LATERAL TRANSFER:
1. A seniority employee may apply for a lateral transfer at the Human Resources Office by completing a form provided for that purpose. The employee making such application may specify department and/or area, as well as classification, if so desired.
2. An employee will be eligible to have applications on file for only two jobs at any one time. An employee may change the jobs applied for at any time before a lateral transfer is offered.
3. The lateral transfer application file will be maintained by seniority and classification.
4. The Human Resources Office will maintain an alphabetical file of applications of employees who accept or decline a lateral transfer. Such applications will be retained for a period of 180 days. An employee who declines a lateral transfer will be ineligible to apply for another lateral transfer for a period of 180 days from the date the employee declines the offer.
5. Lateral transfer applications withdrawn before a job is offered will be initialed and dated by the applicant and retained in an alphabetical file for one year.
6. An employee who accepts a lateral transfer will not be eligible for promotion until 90 days elapse from the date of the transfer.
7. Effective as of the date of this agreement, the Company is not obligated to process more than one (1) lateral transfer monthly to the Assembly/ Disassembly classification. These will be processed in the normal manner.
8. A copy of each lateral transfer application shall be provided to the Union on the date of filing by the employee. The Union will also be provided a copy of each offered lateral transfer opportunity and a copy of the employee's acceptance or rejection of the offered opportunity. Applications must be on file seven or more calendar days prior to the receipt of the requisition.
9. An employee may only receive 1 lateral transfer per year.
13.01 A transfer shall be considered temporary provided it does not exceed (30) days If such transfer exceeds this period, it will be declared as a permanent vacancy and posted for job bidding in accordance with the job posting provisions. The Company and Union may extend this period by mutual agreement.
13.02 Vacant jobs created as a result of illness, injury, or occupational accident or illness, or leave will not be posted as a permanent vacancy and may be filled at the discretion of the Company on a temporary basis for the duration of the illness, injury or leave of absence. Such job vacancies will not be subject to the seniority provisions of the Agreement during this period.
The following procedure has been developed for the placement of and removal of employees on temporary classifications:
1. The Union will be notified, in writing, of all employees on temporary openings and the reason for such openings on a weekly basis.
2. Any issues/concerns with employees on temporary classifications should be expressed to the Supervisor with the opening as soon as issues arise.
3. When a temporary opening occurs, the selecting Supervisor will give initial consideration to those qualified personnel within his department.
4. Temporary classifications for 30 days or less will be filled by the Supervisor/HR who has the vacancy. Temporary classifications of 31 days or more will be reviewed by Human Resources, the Union, and the Supervisor who has the vacancy, at the Union’s request, and the appropriate course of action will be agreed to.
5. The Supervisor reclassifying an employee temporarily will be required to note the reason for the temporary opening and the duration of the assignment. This information will be available for review by the Union.
6. Temporary classifications filled for annual new model launch periods will be reviewed by the Human Resource office and the Union at the end of 30 days and the appropriate course of action will be determined and implemented.
7. Employees who are assigned temporary classifications without the benefit of prior experience will not be subject to bumping by senior employees until a period of 30 days has elapsed.
8. At the completion of a temporary assignment, the employee will return to his or her former permanent classification and/or department.
9. In the event a reduction in force occurs, employees on temporary assignment will be incorporated, in seniority order, in their original classification and are subject to being bumped.
10. It is understood by the parties that deviations may be required from the above procedure due to the requirements of the annual launch period. When deviations are made, the Company and Union will meet to discuss the reasons for such deviations.
14.01 The Company reserves the right to use Temporary employees who may be hired or transferred from other positions within the Company for a period of 90 days or less.
14.02 Such Temporary employees will not displace regular employees.
14.03 Temporary employees who complete 90 days or more on such status will have the 90 day probationary period waived, and their date of hire as a temporary will be considered their seniority date. The intent of this language is to ensure that on day 91 the employee will be a full time employee of the Company.
14.04 It is not the intent of the Company to utilize Temporary employees to subsidize hiring permanent employees.
15.01 The following will be considered as paid holidays:
New Year’s Day
Christmas Eve Day
New Year’s Eve Day
Days between Christmas and New Year
One Floating Holiday to be decided by the Company
15.02 An employee will be paid for a paid holiday listed in Clause 15.01 if they work their scheduled working days immediately preceding and immediately following the paid holiday.
15.03 An employee will also be paid for a paid holiday if they were laid off within ten (10) work days prior to, and including a paid holiday list in this article; or if they return to work on their scheduled date of return from a layoff within ten (10) work days of the paid holiday.
15.04 Probationary employee(s) are not entitled to paid holidays.
15.05 Employees eligible for payment of a paid holiday will be paid on the basis of the applicable hourly rate of the job and applicable shift premiums to which they are assigned the day prior to the holiday, up to a maximum of eight (8) hours. Employees scheduled to work on holidays shall not receive holiday pay if they fail to perform such scheduled work, unless they can show reasonable cause to the Company.
If employees are required to work during a holiday period, they will be paid at twice the employee’s hourly rate, in addition to holiday pay.
)Seniority employees who have gone on sick leave during the workweek in which the holiday falls shall receive pay for such holiday. Employee on sick leave of absence when the holiday(s) occurs who return to work following the holiday(s) but during the week in which the holiday(s) falls shall receive pay for such holiday(s).
A seniority employee on a personal leave of absence which expires in the Christmas holiday period which fall (1) after the final day of such leave, or (2) on and after the date he notifies his plant of his availability for work, whichever is later.
16.01 Employees shall be entitled to receive vacation time and pay on or after January 1st of each year, provided they have worked 1600 hours in the previous 12 months
16.02 Employees with less than 1600 hours and 1200 or more in the previous 12 months will receive 67% of vacation entitlement.
16.03 Employees with less than 1200 hours and 1000 or more in the previous 12 months will receive 50% of vacation entitlement.
16.04 Employees with less than 1 year of seniority by January 1st will earn 8 hours pay for any calendar month in which the employee has worked at least 130 hours to a maximum of 80 hours of paid vacation.
16.05 All contractual paid time off, workers compensation, non-voluntary temporary lay-off and Union leaves will count towards the eligibility for calculation of vacation hours.
Seniority employees will receive vacation time and pay on January 1st of each year as follow;
Employee with Less than 1 year Days earned up to 80 hours paid vacation
1 year but less than 5 years 80 hours of paid vacation
5 years but less than 10 years 120 hours of paid vacation
10 years but less than 15 year 140 hours of paid vacation
15 years but less than 20 years 160 hours of paid vacation
A. The Company shall approve vacations from November 1st through December 15th by seniority and then first come first serve. The employee must give the Company 48 hours advance notice for vacation that was not scheduled during the above mentioned time frame.
B. Employees may not take vacation periods of less than 4 hours per day. Once a vacation has been scheduled, it may be changed with the approval of the Company.
C. Eligibility for vacation time and pay is based on the year prior to the vacation year. All employees shall take their vacation in the vacation year, January1st to December 31st, and cannot accumulate vacation to be taken in a subsequent vacation year.
D. Vacation pay will be paid the regular pay date preceding the scheduled vacation provided a formal request was made, in writing, and approved two (2) weeks prior to the vacation time requested. The Company will payout all unused vacation by February 1st of the following year.
16.0 All employees will be asked to use their remaining vacation for all customer shut downs. Those employees who opt not use remaining vacation time, will be laid off.
HOURS OF WORK
17.01 The normal hours of work will be Monday through Sunday. Forty (40) hours will constitute a normal workweek.
17.02 The workweek shall be deemed to commence with the No. 1 shift Monday and end one hundred sixty-eight (168) hours thereafter.
17.03 An employee whose scheduled shift starts on or after 7 P.M. but before 5 A.M. shall be deemed to be working the No. 1 (midnight) shift.
17.04 An employee whose scheduled shift starts on or after 5 A.M. but before 10:30 A.M. shall be deemed to be working the No. 2 (day) shift.
17.05 An employee whose scheduled shift starts on or after 10:30 A.M. but before 7 P.M. shall be deemed to be working the No. 3 (afternoon) shift.
17.0 In the event the Company changes the workweek, the starting and stopping times of the normal shifts or establish new shifts, the Company and the Union will meet to discuss such changes as soon as possible and practical prior to changes being implemented.
Alternative Work Schedules
It is Faurecia policy to match their customer’s work schedule, which could differ from a typical 3 shift 5 day a week operating pattern. The need to implement an alternative work schedule to maintain flexibility may arise. When considering an alternative work schedule outlined below Human Resources will notify the Union with a fourteen (14) calendar day notice in writing which lines will be going to the alternative work schedule.
If an additional need for an alternative work schedule is needed not outlined below, the Human Resource and Union will discuss and develop the unique work schedule.
Any concerns not addressed in the following provisions will be mutually discussed and resolved.
4 Days 10 Hour Shift
Shift will start on Monday and be based on 4 consecutive 10 hour straight time days per week. If overtime is required it will be paid at the applicable rates outlined in Article 23 of the contract.
Holidays will be paid out per Article 15 of the contract at 10 hours per day at straight time on any regular scheduled day. If the holiday falls on the employees regular day off they will be paid 8 hours of straight time. In the event a shift is scheduled to work on a holiday, employees will be paid double time for the time worked in addition to 8 hours of straight time holiday pay.
Vacation allotments will match Article 16 of the contract. Vacations must be taken in 10 hour or 5 hour increments.
· Bereavement Pay
Bereavement Pay will paid applicable days off per Aricle 26
· Jury Duty
Seniority employees will be paid the difference between the amount paid by the court and his/her normal day’s pay, not to exceed ten (10) hours per day for four (4) days per week.
Three Crew Shift Pattern
Shift Pattern will be based on 4 consecutive 10 hour straight time days per week. In the event overtime is needed it will be paid out at time and a half for hours worked over 40 in a work week, and double time for the third day that would normally be scheduled off.
A crew will start on Monday
B crew will start on Tuesday
C crew will start on Friday
C crew will receive $.40 premium for entire shift.
Holidays will be paid out per Article 15 of the contract at 8 hours per day at straight time regardless of when the holiday falls. In the event a shift is scheduled to work on a holiday, employees will be paid double time for the time worked in addition to 8 hours of straight time holiday pay. Paid holidays that fall on a Friday or Monday could be changed to a Saturday or Sunday for c crew with agreement between Human Resources and the Union. The week between Christmas and New Years will not surpass 40 hours of straight time pay.
Vacation allotments will match Article 16 of the contract. Vacations must be taken in 10 hour or 5 hour increments.
· Bereavement Pay
Bereavement Pay will paid applicable days off per Atricle 24
· Jury Duty
Seniority employees will be paid the difference between the amount paid by the court and his/her normal day’s pay, not to exceed ten (10) hours per day for four (4) days per week.
19.01 All employees will be granted two15 minute breaks one before lunch not to commence until the completion of the first hour of the shift and one after lunch not to commence until 30 minutes after the completion of the employees regularly scheduled lunch period. Employees will be granted one paid lunch minimum of 20 minutes or 30 minute unpaid lunch, midway through the shift. In addition if an employee works over 8 hours in any one day, the employee will be granted an additional 10 minute break for every hour worked, except in cases where an employee is on an AWS. The Company will schedule all break times. The Union will be notified of any changes to the above schedule.
20.01 Any employee who reports for work at the beginning of his scheduled shift, who has not been notified “not to report to work”, shall be guaranteed a minimum of four (4) hours of work or four (4) hours at his/her applicable rate of pay
20.02 The provisions of this section shall not, however, apply where the failure of the Company to provide work is caused by storms, floods, power failure, fire or any other circumstances beyond the control of the Company, with the exception of machine breakdown or parts shortages. Notification to employees will be made through radio announcement.
21.01 An employee who is notified by the Company to report for work at a time other than the employee's regularly scheduled starting time shall be entitled to a minimum of four (4) hours of pay, at the applicable rate, and shall perform such duties as the Company assigns.
22.01 An employee who desires to be transferred to another shift must complete a Company form and submit it to Human Resources. Employees may change shift only in their area of assigned work, i.e., door assembly, injection molding etc. An employee will be allowed to bump shifts Three (3) times per year (a year is defined as a rolling year) with the only exceptions being changes resulting from his/her promotion, lateral transfer, or as a result of being bumped by a senior employee exercising shift preference, or as a result of a reduction in force.
22.02 A seniority employee classified as assembly/disassembly or any skilled trades classification will be permitted to exercise shift preference on a plant wide basis.
22.03 An employee being bumped to another shift, as a result of this article, will be provided 5 days notice.
23.01 Hours worked in excess of eight (8) hours in a normal workday or forty (40) hours in a normal work-week will be paid at a rate of time and one-half (1-1/2) the base hourly rate.
23.02 In the cases where an employee who is absent, not covered by the provisions of this agreement, hours in excess of 40 hours will be paid at time and one half (1-1/2 times) the base hourly rate.
23.03 Hours worked on Sunday will be paid at twice (2 times) the employee’s hourly rate
23.04 Overtime premiums shall not be paid more than once for any hours worked, and there shall be no pyramiding of overtime.
23.05 Overtime Scheduling
1. Employees, who work in a particular GAP, shall have the first opportunity for overtime in that GAP. When overtime is necessary in a GAP on a particular shift, overtime will be scheduled by rotation of the particular GAP. A list of the overtime worked by employees will be posted in the GAP. A line will be drawn below the last person on the list scheduled to work. The next overtime opportunity will be offered to the next person on the list. This process will be used for all of production and maintenance All employees wishing to volunteer for overtime outside their GAP may do so by signing the Voluntary Overtime Sign-Up Sheet posted in a designated area weekly. The administration of the Voluntary Overtime Sign-Up Sheet is designed to allow employees to volunteer for daily and weekend overtime. While the language is not specific as to the process for selecting volunteers, the intent of the parties is to fill vacant positions with qualified employees while attempting to rotate the opportunities among these qualified employees.
2. If employees assigned to a GAP refuse available overtime, overtime will be offered to employees inside the GAP and then to qualified employees outside of the GAP who signed the Voluntary Overtime Sign-Up Sheet. If there are not enough qualified volunteers from the Voluntary Overtime Sign-Up Sheet, the employee .
3. Qualified for overtime means having the ability to perform the particular job(s) within the GAP that is needed for the overtime assignment.
4. If there are multiple start times within a GAP that result in extra hours, the extra hours will be assigned in accordance with overtime procedures outlined in this Agreement.
5. In keeping flexibility Weekly Overtime scheduling may be changed by the designated GAP, provided majority o members agree.
24.01 A shift premium of forty cents ($0.40) per hour shall be paid to all employees working on the first shift (midnights) and twenty cents ($.20) to be paid for all employees working on the third shift (afternoons).
JURY DUTY LEAVE OF ABSENCE
25.01 An employee summoned for jury duty will be excused from work for up to 30 days on which the employee serves, provided the employee has provided the supervisor as much advance notice, in writing, as is possible. Employees are required to report to work on those days when not required to report for jury service. Proof of having served, the period of time required and pay received will be required.
25.02 Seniority employees will be paid the difference between the amount paid by the court and the employee’s normal day’s pay (not to exceed eight (8) hours per day, five (5) days per week).
FUNERAL LEAVE OF ABSENCE
26.01 When death occurs in an employee’s immediate family (i.e., current spouse; parent or stepparent; grandparent or great-grandparent; parent, stepparent or grandparent or great-grandparent of current spouse; child or stepchild; brother, half-brother or stepbrother; sister, half-sister or stepsister; grandchild) a seniority employee, on request, will be excused for any three (3) regularly scheduled days of work or any five (5) regularly scheduled days of work in the case of the death of an employee’s current spouse, parent, child, stepchild (excluding Saturdays and Sundays) immediately following the death provided the employee attends the funeral. After making written application therefore, the employee shall receive pay for any scheduled hours of work per day for which the employee is excused (excluding Saturdays and Sundays). In the event the body of a member of the employee’s immediate family is not buried in Continental North America solely because the death has physically destroyed the body or the body is donated to an accredited North American hospital or medical center for research purposes, the requirement that the employee attend the funeral will be waived. Payment shall be made at the employee’s regular straight-time hourly rate on the last day worked. Employees may request personal leave for additional unpaid time off with the approval of the Company.
26.02 Employees may request unpaid time off for relatives not listed in 24.01
LEAVE OF ABSENCES
FAMILY AND MEDICAL LEAVE ACT OF 1993
27.01 The Company will comply with the Family and Medical Leave Act of 1993. Eligible employees are eligible for 12 weeks of unpaid leave during which time they will continue to accumulate seniority as described in the FMLA. FMLA leave will be taken concurrently with other Company provided leaves. The Company will not require seniority employees to use vacation time concurrently with FMLA leave, but seniority employees may choose to use vacation for such leave. The Company shall use a rolling 12 month year for measuring use of FMLA time.
This Agreement shall be construed in a manner that complies with the Family and Medical Leave Act of 1993, and the Company shall have the right to exercise any option available under the Act.
MEDICAL LEAVE OF ABSENCE
27.02 An employee who is unable to work due to a valid claim of illness or injury and is not eligible for FMLA leave may request a medical leave as follows: the employee must notify Human Resources within three (3) days stating the nature and the approximate length of the disability. (Employee must continue to additionally comply with the procedures under the absentee policy in the handbook in reporting daily absences.) The employee must then apply for a medical leave. The leave will be subject to approval by the Company.
Human Resources may investigate to determine the validity of all such claims of disability.
Before an employee is permitted to return to work, following a medical leave, the employee must notify the Human Resource Department of their intention to return to work at least twenty-four (24) hours in advance of their regular starting time and present to Human Resources a doctor’s note indicating the employee’s ability to return to work.
At all stages of this process, the Company may require medical documentation satisfactory to the Company.
Medical Treatment During Working Hours
Hours — Time Allowance
An employee who suffers a work injury or contracts an occupational disease in the course of employment by the Company will be compensated for the working time lost on the day in which the accident or illness takes place. Any additional medical treatment needed after the day of injury or illness will be excused, with appropriate documentation, without pay. In addition, on the day of the work injury, employees requiring medical treatment beyond their scheduled work hours will be paid for such treatment time up to four (4) hours at the applicable rate provided such employee presents suitable evidence of the time spent in treatment.
Personal Leave of Absence
27.03 Unpaid Personal Leaves of Absence may be granted with no break in seniority for reasons acceptable to the Company. The leave may be extended by mutual agreement of the Company and the Union.
Unpaid personal leaves will only be granted after all vacation has been taken and must be requested and approved by the Company.
LEAVE FOR UNION BUSINESS
28.01 An employee elected or appointed to a Union position or selected by the Union to do work which takes him/her from his/her employment with the Company shall, upon written request from the Union, submitted to the Company at least three days prior to the first day of absence, receive a temporary leave of absence for the period of his service with the Union, and upon his/her return shall be reinstated at work in the line with his/her seniority status in the classification in which he/she was engaged last prior to his/her leave of absence; his/her seniority shall accumulate throughout the period of his/her leave of absence.
28.02 An employee with seniority, elected or selected for full-time Union service, shall be granted a leave of absence, without pay and benefits, for a period up to one (1) year provided such request is made in writing at least two (2) weeks in advance to the plant manager. An extension of one (1) year may be requested, annually.
SAFETY AND HEALTH
29.01 Employee’s health and safety is a top priority at the Company.
29.02 Recognizing the benefits to be derived from a safe and healthy place of employment, the
Company, Union and employees agree to the fullest extent to promote safe work practices, healthy conditions, housekeeping and enforcement of Safety rules.
29.03 A Plant Safety and Health Committee made up of an equal number of management representatives and employees will be formed and will meet on a monthly basis. The employees to be appointed by the Union.
29.04 The function of the Committee shall be to advise management concerning Health and Safety matters, but not handle grievances. In addition, the Safety Committee will work with Management to develop and implement the guidelines for safety training.
29.05 The Plant Safety and Health Committee will meet on a regular basis (minimum of bi-monthly) and minutes of the meetings will be posted in a timely manner.
29.06 Mandatory safety equipment and devices will be determined by the Company in those areas requiring the use of such protective devices.
29.07 Employees will be responsible for maintaining protective equipment supplied and will be
responsible for replacement costs if lost or damaged outside of normal expected use.
29.08 Failure to properly use and maintain such equipment is grounds for severe discipline.
29.09 Ongoing Health and Safety concerns that are not addressed within 2 days may be taken up through the grievance procedure. Grievances pertaining to unresolved Health and Safety issues shall be initiated in step 3 of the grievance procedure.
DRUG AND ALCOHOL
30.01 Intent of Policy: The Drug & Alcohol Policy is established to:
1. Ensure a safe work environment.
2. Protect employee and Company property.
3. Assure quality performance.
4. Enhance employee and Company security.
It establishes FAURECIA’s policy regarding the possession, sale, or use of drugs or alcohol while employed by FAURECIA and describes the methods to be used for drugs and alcohol screening.
30.02 Application: The policy shall apply to employees when they are on Company time or on Company property, including but not limited to all facilities, land, building, structures and installations, and also to automobiles, trucks, and other vehicles, whether owned, leased or used by the Company.
The policy also applies to employee conduct off Company time or property if such conduct in any way affects the employee’s ability to safely or properly perform his or her job, if it results in the presence of detectable levels of prohibited substances in the body or a blood alcohol level of 0.04% or higher while on Company time or property, or if it involves the conviction of a crime involving drugs.
30.03 Statement of Policy: This policy prohibits the use, possession, concealment, transportation, promotion, transfer or sale of “prohibited substances,” defined as:
I. Illegal drugs or controlled substances, including look alike, designer drugs, hemp products.
II. Alcoholic beverages.
III. Prescription drugs – except under the following conditions:
A. Each prescription shall be in the employee’s name.
B. Each prescription shall be no older than one year from the date issued.
C. Employees shall possess only enough medication that is normally required for their current use. NOTE: The Company reserves the right to have a Company physician determine if a prescription drug or medication produces effects that may restrict the employee’s ability to perform his or her job safely and efficiently. This may result in restricting the employee’s work activity.
30.04 Implementation of Policy: The following procedures will be employed to carry out this policy.
I. Employee Privacy Counseling, testing, and Fit For Duty will be reasonably conducted with respect and due regard for the personal privacy of each employee.
II. Testing - Employees or potential employees may be required to consent to substance testing, including, but not limited to, urinalysis or breath tests. Blood testing may be used only when unusual or mitigating circumstances warrant.
A. To be considered for employment
B. If the employee is found in possession of any prohibited substances or materials having the appearance of prohibited substances on Company time or property.
If B above occurs, the employee will be placed on suspension for the balance of the shift. If the drug test results are negative, the employee will be paid for work hours missed during the suspension.
C. Following an accident or incident in which serious safety precautions were violated, negligent acts were performed, an employee is injured requiring third party medical treatment, or significant property damage occurs.
D. On a random basis where required by law (e.g. DOT).
E. All matters of testing shall be performed by an outside source. I.e. local clinic or hospital employing a certified Medical Review Officer (MRO). The Company shall promptly notify the unit Chairperson in writing of all incidents where a drug or alcohol Fit for Duty is deemed warranted by the Company and provide reason(s) for such testing. It is further understood by the parties that the definition for positive tests will be the current D.O.T. standards and shall remain unchanged.
III. Reasonable Suspicion “Reasonable suspicion” for purposes of II B and III, includes, but is not limited to: observation of behavior such as slurred speech, unsteady walking, breath or odor; observation of physical manifestations frequently associated with some forms of substance abuse, e.g., needle marks, sudden nosebleeds, frequent illness not explained by other medical conditions; other behavior or symptoms which supports a finding of reasonable cause the employee will be required to complete a fit for duty by a certified medical person for just cause and a positive test will result which may require a employee to consent to substance testing, including, but not limited to, urinalysis or breath tests. Blood testing may be used only when unusual or mitigating circumstances warrant.
A. Where there exists reasonable suspicion that an employee has used or possesses prohibited substances.
B. Following an accident or incident in which serious safety precautions were violated, negligent acts were performed, an employee is injured requiring third party medical treatment, or significant property damage occurs.
IV. Refusal to Submit to a Fit For Duty or Drug Test and the Consequences of Positive Results
A. No employee Fit For Duty or substance test will be conducted without the employee’s consent.
B. If an employee,
1. Refuses to consent to a Fit For Duty or drug test, the employee discipline up to and including discharge
2. Consents to a drug test and the test results are positive; the employee will be counseled and is subject to termination. The employee’s prior employment record and impact of current behavior will be considered in determining the appropriate course of action.
V. Last Chance Agreement Individuals discharged for violation of the Company’s Alcohol and Drug Policy may, at the Company’s sole discretion, or as a grievance settlement, be offered the opportunity to enter into a “Last Chance Agreement”.
Under the Last Chance Agreement, an employee may be returned to employment after thirty (30) days under the following conditions:
A. The employee acknowledges in writing that he/she has, or had, a substance abuse problem;
B. The employee certifies that he/she was successfully treated by a State of Michigan Licensed Drug Rehabilitation Program or State certified addiction counselor;
C. The employee agrees in writing to submit to testing on demand for the remainder of the Last Chance Agreement;
D. The employee will be discharged for any violation of the Last Chance Agreement or this Policy.
Upon the request of the affected employee, the Union may be involved in discussions regarding last chance agreements.
Under the Last Chance Agreement, an employee may be returned to employment after thirty (30) days under the following conditions:
30.05 The Employee Assistance Program
A. FAURECIA recognizes that an employee’s job performance may be adversely affected due to a variety of reasons, including personal problems, emotional illness, substance abuse, etc. It further recognizes that many problems may be treatable, and will support employees who actively seek help for their problems. Employee support is provided within the organization through the Employee Assistance Program.
B Employees who voluntarily request assistance in dealing with a substance abuse problem may participate in the Employee Assistance Program. Requesting such assistance will not jeopardize continued employment. However, volunteering to participate in the Employee Assistance Program will not prevent counseling or termination for violation of this policy or any other Company policy.
Reduction of the Cost of Health Insurance
31.01 The Company and Union will meet for the purpose of reducing the cost of health insurance. Any decision under this letter of agreement will be with the mutual agreement of the Company and the Union.
32.01 The Company will reimburse seniority employees for tuition only for business related courses that are taken at accredited degree or certificate granting schools. In order to be eligible for tuition reimbursement, the employee must receive approval of the course prior to commencement of classes and have received a grade of “C” or better. The Company will reimburse the tuition after the completion of the class and submission of the course grade transcript. Tuition reimbursements under this letter of agreement are limited to $5,000.00 per calendar year. Hardships will be evaluated on case by case basis to determine if tuition reimbursement is paid up front with proof of enrollment.
34.01 If the Company decides to create a new job or combine or substantially change current job classifications, the Company will meet with the Union at least thirty (30) calendar days’ in advance of the change. The parties will meet to review the classification changes and the pay rate that the Company intends to apply. If the Union requests, the Company and Union will promptly meet to discuss the matter and negotiate the pay rate within the current pay structure in the Collective Bargaining Agreement. If the parties fail to agree the Union may submit the reasonableness of the pay rate to the grievance and arbitration procedure. While the grievance is being processed the pay rate will be one of the currently identified rates in the Collective Bargaining Agreement and will remain in effect. Any change as a result of the grievance or arbitration will be retroactive.
36.01 Should any Federal, State or local law make any provision of this Collective Bargaining Agreement invalid, and then such provision will be considered null and void. No other part of the Agreement shall be considered to be invalid and shall continue in full force and effect for the duration of the Agreement.
37.01 Waiver of Bargaining Rights and Amendments to Agreement. During the negotiations resulting in this Agreement, the Company and the Union each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter as to which the National Labor Relations Act imposes an obligation to bargain. Except as specifically set forth elsewhere in this Agreement, the Company expressly waives its right to require the Union to bargain collectively, and the Union expressly waives its right to require the Company to bargain collectively, over all matters as to which the National Labor Relations Act imposes an obligation to bargain, whether or not:
(a) such matters are specifically referred to in this Agreement;
(b) such matters were discussed between the Company and the Union during the negotiations which resulted in this Agreement; or (c) such matters were within the contemplation or knowledge of the Company or the Union at the time this Agreement was negotiated and executed. As used in this Section, the waiver of the right to "bargain collectively" includes the waiver of the right to require the other party to negotiate, and the right to obtain information from the other party. This Agreement contains the entire understanding, undertaking, and agreement of the Company and the Union, after exercise of the right and opportunity referred to in the first sentence of this Section, and finally determines all matters of collective bargaining for its term. Changes in this Agreement, whether by addition, waiver, deletion, amendment, or modification, must be reduced to writing and executed by both the Company and the Union.
Daily, regular attendance is a critical element of your overall job performance. Other people are counting on you to be at work and teamwork is a key element of our culture at Faurecia. We understand that occasional emergency situations will arise, but it is important that we each understand our commitment to our fellow employees. If it is necessary for you to miss work unexpectedly, you must notify your supervisor prior to the beginning of your scheduled shift. Failure to report your absence for three consecutive work days will result in termination of your employment as a voluntary quit.
Employees are expected to be on the job, ready to work, at the beginning of the shift. Punching in at your start time, then walking to your work station will result in you being late for work, even though you punched in on time.
Doctor or dental appointments, meetings with children’s teachers, etc. should be scheduled outside normal working hours, whenever possible. If this is not possible, your supervisor must be notified as far in advance as possible, and you will be required to use vacation time for attendance at these functions.
Violations of the attendance policy will be handled as follows:
1. Each tardiness, or early out, of one hour or less will result in one-half occurrence point.
2. Each tardiness, or early out, of more than one hour will result in one occurrence point.
3. Each day of absence, whether one day or a continuing absence of longer than one day, will result in one occurrence point only if entire absence is covered by approved medical documentation.
4. After 4 occurrences from January 1st to December 31st period, the offending employee will be verbally counseled and encouraged to improve their attendance.
5. After 6 occurrences from January 1st to December 31st period, the offending employee will receive a written warning.
6. After 7 occurrences from January 1st to December 31st period, the offending employee will receive a final written warning.
All employees will have attendance records cleared on January 1st of each year of the agreement.
Approved leaves of absence, holidays and vacations will not count as occurrences under the attendance control policy.
Failure to appear for scheduled overtime, when requested, may result in the application of occurrence points.
DURATION OF AGREEMENT
35.01 This Agreement made and entered into day of , shall continue in full force between the Company and the Union until the first day of _______ 201__, and from year to year thereafter unless at least sixty (60) days prior to the expiration date or any anniversary date thereafter, either party notifies the other in writing of its desire to terminate, modify or amend the Agreement, in which event the Agreement shall terminate on the expiration date of the year in which the notice was given.
Signed and approved by the accredited representatives of the parties this ____ day of ___________, 201__.
INTERNATIONAL UNION UNITED
AND AGRICULTURE IMPLEMENT
WORKERS OF AMERICA, FAURECIA AUTOMOTIVE INTERIORS, INC.
By: _______________________________ ______________________________
· GAP Leaders and Repair will receive an additional $1.00/hour more than an operator
· The wage schedule does not include shift premiums. The wage rate will go in to effect on the first Monday of the month following the below dates.
Power Maintenance $28
* Performance Bonuses will be paid out the first week of December, 2012 all seniority employees will receive $500, seniority employees will receive $900 in each of the following years of the agreement, payable in the first week of December.
* All employees accepting a position with Faurecia will retain their current wage for the first year of the agreement. In year two all employee wi assume the applicable highest rate within their assigned classification.
* An employee receiving a job bid to Maintenance, Tool and Die, Electricians or Process Technician will be considered a trainee for 2 years and will initially receive a wage $2.00 less than the contractual rate. Every six months a $0.50/ hour increase will be given until the contractual rate is achieved. These employees will only be allowed to exercise shift preference with other trainees within their classification.
1. Medical and Prescription Drug Benefit: The Company agrees to provide for seniority employee’s medical benefits coverage under 90%-10% Company Group plan. Subject to the maximums of insured services and co-payments provided by the Master Policy.
The employee may choose to cover dependents in addition to the employee. The employee will pay the following rates per week for coverage:
Coverage 2012 2013 2014 2015
Employee $12.59 $12.59 $15.22 $15.22
Employee + One $31.93 $31.93 $38.63 $38.63
Family $38.96 $38.96 $47.13 $47.13
The Company will pay $.00 per week to employees who have proof of other coverage and choose to waive coverage for medical, prescription drug, vision and dental benefits described in Appendix “B” for the full calendar year.
Dental: Seniority employees may choose coverage for vision. The employee may choose to cover dependents in addition to the employee. The Employee will pay the following per week via payroll deductions.
Coverage 2012 2013 2014 2015
Employee $2.31 $2.54 $2.79 $3.06
Employee + One $3.40 $3.74 $4.11 $4.52
Family $4.63 $5.10 $5.61 $6.17
Vision: Seniority employees may choose coverage for vision. The employee may choose to cover dependents in addition to the employee. The Employee will pay the following per week via payroll deductions.
Coverage 2012 2013 2014 2015
Employee $1.63 $1.79 $1.96 $2.15
Employee + One $3.07 $3.37 $3.70 $4.07
Family $4.74 $5.21 $5.73 $6.30
2. Group Life and Accidental Death and Dismemberment (AD&D): The Company will provide to all eligible seniority employees group life and AD& D insurance. Effective upon ratification the Company will provide $30, 000 of life insurance and $30,000 of AD&D. For each successive year, the Company will provide an additional $5000.00 of life and AD&D each.
3. Short Term Disability: The Company will provide to all full time seniority employees a maximum of 26 weeks of short term disability, subject to a 5 day waiting period for each period of non-consecutive disability in accordance with the following schedule.
4. 401k: The Company will match fifty (50%) percent of seniority employee’s first six (6%) percent contributed to the 401k program. The employee’s interest in the Company contribution will vest twenty (20%) percent per year. All employees will be automatically enrolled, upon hire, into the 401k plan at six (6%) percent contribution. Those employees who wish not to participate may opt out of program at any time after initial enrollment.
5. Suspension and Termination of Benefits: The Company will terminate benefits at the date of employment termination and/or retirement.
6. Federal or Social Security legislations: Should any federal or Social Security legislations be enacted and put into effect during the term of this Agreement providing benefits like any other contained therein and proposing all or any part of the cost hereof upon the Company and the employee then to that extent only shall such benefits provided herein become inoperative and any policy or policies of insurance providing the same cancelled and the Company shall be relieved of the cost thereof in order to avoid duplication of costs.
in addition we need to add language for training employees