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COLLECTIVE BARGAINING PROVISIONS
Promotion, Transfer, and Assignment;
Lay-off, Work-Sharing, and Reemployment
Bulletin No. 908-7
UNITED STATES DEPARTMENT OF LABOR
L. B. S c h w e l l e n b a c h , Secretary
BUREAU OF LABOR STATISTICS
E w a n C l a g u e , Commissioner
UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON s 1948
Letter of Transmittal
U nited States D epartment of L abor,
B ureau of L abor Statistics ,
Washington, D. C., May 14, 19^8.
T he Secretary
of
L abor :
I have the honor to transmit herewith the seventh bulletin in the series on col
lective bargaining provisions. The bulletin consists of two chapters: (1) P ro
motion, Transfer, and Assignment, and (2) Lay-off, Work-Sharing, and Reem
ployment, and is based on an examination of collective bargaining agreements on
file in the Bureau. Both chapters were prepared by, and under the direction of,
Abraham Weiss, with the assistance of members of the staff of the Bureau’s
Division of Industrial Relations, Boris Stern, Chief.
E w an Clague, Commissioner.
Hon. L. B.
SCHWELLENBACH,
Secretary of Labor.
For sale by the Superintendent of Documents, U. S. Government Printing Office, Washington 25, D. O.
Price 25 cents
Preface
A s early as 1902 the Bureau of Labor Statistics, then the Bureau
of Labor in the Department of the Interior, recognized the growing
importance of collective bargaining, and published verbatim the bitu
minous-coal mining agreement of 1902 between the Associations of
Coal Mine Operators of Pennsylvania, Ohio, Indiana, and Illinois and
the respective districts of the United Mine Workers of America.
Since 1912 the Bureau has made a systematic effort to collect agree
ments between labor and management in the leading industries and has
from time to time published some of those agreements in full or in
summary form in the M onthly Labor Review.
The first bulletin entirely devoted to collective-bargaining agree
ments was published in 1925 under the title “ Trade Agreements in 1923
and 1924.” Sim ilar annual bulletins were published in 1926, 1927,
and 1928. These bulletins analyzed only outstanding agreements a f
fecting certain industries and certain skilled crafts in which collective
bargaining has followed a more or less established pattern.
No bulletins in this field were published by the Bureau between 1928
and 1942— a period during which collective bargaining first lost ground
in the depression and then made rapid strides following the enactment
o f the National Labor Relations A ct in 1935. The growth in tradeunion membership from fewer than 4,000,000 workers in 1935 to more
than 10,000,000 in 1942 not only resulted in a large increase in the
number of collective agreements covering industries hitherto not in
cluded under collective bargaining, but also extended the scope and
area o f bargaining in individual industries. In recognition of this
development, the Bureau’s 1942 report on union agreements (Bulletin
No. 686) dealt with provisions and clauses on particular labor-man
agement problems rather than with the agreements of each union or
industry separately.
The substance and character o f collective-bargaining agreements
change continuously, and many of the clauses and provisions covered
in Bulletin No. 686 underwent significant changes during the war
emergency, as a result not only of the normal processes of collective
bargaining but of the decisions of the National W ar Labor Board.
New problems meant new clauses and new provisions. The Board
also gave added impetus to certain forms of union security, and to
certain practices, now deeply imbedded in the entire field of labormanagement relations.
in
IV
PREFACE
The liquidation of the Board, and the renewal of emphasis on free
collective bargaining after V J-day, led to a tremendous increase in
the demand for information on specific current provisions in agree
ments. Urgent requests came from employers and unions, from the
United States Conciliation Service, and from mediators and arbitra
tors engaged in settling or preventing labor-management disputes. It
was largely in response to these requests that the Bureau o f Labor
Statistics undertook to revise and bring up to date the material on
union agreements.
In this revision two significant departures have been m ade: (1)
Accumulation o f data has made possible the use of a larger sample
than was possible heretofore. (2) The information w ill be presented
in a series of small bulletins, each stressing a major area or significant
problem of collective bargaining. This will permit the material for
each major problem to be published as rapidly as finished without
waiting until all of the subjects of collective bargaining are analyzed.
It will have the advantage of greater flexibility in handling specific
requests for material from employers, unions, and the public. Some
clauses are more or less stable and undergo relatively minor changes
even over a considerable period of time and therefore need only occa
sional revision, whereas others undergo rather rapid change. Also,
as new issues develop, it will be possible to add new bulletins to the
series, without revising those already published.
The clauses used are designed to facilitate, but not to condition, the
bargaining process. No special attempt has been made to determine
the prevailing industry practice or the most frequently used provi
sions. The clauses are presented, not as models, but as a source of ref
erence for those who participate in collective bargaining negotiations,
by making available to them a wide variety of provisions on the specific
subjects under consideration. A n index of all the contract clauses
quoted, with a brief description of each clause, is appended to each
report.
This report, dealing with provisions for promotion, transfer, and
assignment, and lay-off, work-sharing, and reemployment, is the sev
enth in the collective bargaining series. The other bulletins in this
Collective Bargaining Provisions series which have been published
are.as follow s:
908
Union-Security Provisions.
908-2 Vacations; Holidays and W eek-End W ork.
908-3 Incentive W age Provisions; Time Studies and Standards
of Production.
908-4 Apprentices and Learners.
908-5 Discharge, Discipline and Q uits; and Dismissal Pay Pro
visions.
908-6 Leave of Absence; M ilitary Service Leave.
Contents
C h a p t e r 1.— P r o m o t io n , T r a n s f e r , a n d A ssig n m e n t
Page
Introduction___________________________________________________________
Promotions from within: Clauses 1-13__________________________________
Posting notices of vacancies and bidding for the job _____________________
Departmental posting of vacancies: Clauses 14-16__________________
Broadening of bidding area from departmental to plant-wide: Clauses
17-18___________________________________________________________
Union participation in filling vacancies: Clauses 19-24______________
Bid rights of employees on leave: Clauses 25-29____________________
Restrictions on bidding: Clauses 30-36_____________________________
Declining promotions: Clauses 37-44_______________________________
When posting is required: Clauses 45-52___________________________
Applications for promotion; no bid system: Clauses 53-54__________
Other bid clauses: Clauses 55-63----------------------------- ----------------------Seniority in promotion__________________________________________________
Seniority governs if employee qualified:Clauses 64-75_______________
Seniority equal to other factors: Clauses 76-79_____________________
Seniority subordinate to other factors: Clauses 80-85_______________
Line of progression in promotion: Clauses 86-89____________________
Area from which promotions made broadened: Clauses 90-93 _______
Waiver of seniority in promotion: Clauses 94-95____________________
Recourse to grievance procedure in promotion: Clauses 96-106______
Promotion or transfer out of bargaining unit____________________________
Management given full discretion: Clauses 107-111_________________
Seniority considered in filling supervisory vacancies: Clauses 112-118. .
Posting supervisory vacancies and appointments: Clauses 119-124. _
Seniority of employees transferred back into bargaining unit: Clauses
125-129_________________________________________________________
Promotion of union officials to jobs outside bargaining unit: Clauses
130-132_________________________________________________________
Employee option on transfers or promotion outside bargaining unit:
Clauses 133-135_________________________________________________
Trial periods after promotion: Clauses 136-149_________________________
Job status when disqualified during trial period: Clauses 150-152__
Pay rate on promotion: Clauses 153-159________________________________
Transfer and assignment_______________________________________________
Company right to transfer: Clauses 160-166________________________
Seniority in transfer: Clauses 167-172______________________________
Employee or union consent on transfer: Clauses 173-180____________
Temporary transfers: Clauses 181-186_____________________________
Special transfers: Clauses 187-188---------------------------------------------------
v
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VI
CONTENTS
C h a p t e r 2.— L a y -O f f , W o r k -S h a r in g , a n d R e e m plo y m e n t
Page
Introduction___________________________________________________________
Union consultation: Clauses 1-12_______________________________________
Advance notice of lay-offs: Clauses 13-35_______________________________
Order o f lay-off: Clauses 36-78_________________________________________
Bumping and transfers to avoid lay-off: Clauses 79-109_________________
Work-sharing: Clauses 110-143-------------------------------------------------------------Recall notice and response: Clauses 144-175____________________________
Order of recall: Clauses 176-190________________________________________
Reemployment preference: Clauses 191-207________________________
Index__________________________________________________________________
43
44
46
49
58
67
74
80
83
87
B ulletin 7s[o. 908-7 o f the
U n ited States Bureau o f Labor Statistics
Collective Bargaining Provisions
Chapter 1 .— Promotion, Transfer, and Assignment
Introduction
Promotion, transfer, and assignment clauses deal with the basis or
methods of shifting employees from one job to another which are
consistent with employee security and plant efficiency. Such clauses
attempt to reconcile conflicting rights or claim s: The right of an
employer to select employees for promotion or transfer and to de
termine the basis for selection; the right of an employee to request
a promotion and transfer.
Promotions may be made either to a better-paying job or to a
supervisory position within the bargaining unit or to another posi
tion outside the unit. It may also be any transfer to a better posi
tion without a wage increase.
Promotion involves or implies an opening or a vacancy and the
question by whom and how it shall be filled.1 To be promoted a per
son need not be doing the work nor even be immediately capable of
mastering the job, although it is presumed that he has the “ ability”
to do the job. A promotion like a reclassification involves a laborgrade change.
It is often necessary to move workers from one job to another where
no direct wage increase is at issue. Though such shifts are sometimes
made at the employee’s request, for reasons o f health or convenience,
or improved working conditions, they are more often initiated by man
agement in the interest o f production, to overcome difficulties in the
production line due to bottlenecks or material shortage, or to utilize
personnel most efficiently. W hen such shifts are made for a day
or two for shorter periods, they are usually called job assignments,
though some firms use the term “temporary transfers” for even short
job changes.
1 P rom otions are distinguishable from jo b reclassifications. A reclassification grievance
involves a claim that a person is doing the work o f a higher classification and hence should
be reclassified into the higher post. Theoretically, there is no question o f a vacancy i f the
claim is substantiated since the person would actually be doing the work.
1
2
COLLECTIVE BARGAINING PROVISIONS
A n employer’s right to select and transfer employees from one job
assignment to another may not be explicitly stated in the agreement,
but it may be implicit in clauses which vest in management the right
“to direct and control the working force.”
Although a transfer generally involves no decided change in duties,
responsibilities, skill required or compensation, the term can also be
used to cover the change of any employee from a position in one labor
grade to a position in a higher or lower labor grade.2 Thus, there
can be transfers within a department; transfers from one shift to
another; and transfers from one department to another. W here the
departments are contained within one section of a plant, a lateral
transfer within a department usually means just a change to another
machine, although it may mean an occupational change if both jobs
are in the same labor grade. “ Lateral” transfers of this character
probably occur daily in accordance with production requirements and,
generally speaking, are not governed by seniority or other rules. Sh ift
transfers and interdepartmental or interplant transfers, on the other
hand, are more likely to be determined by seniority rules.
Negotiations between labor and management on a promotion pro
gram generally center on the following questions: (1) Shall the em
ployer have the right to promote solely as he sees fit, and, collaterally,
must he promote from within or may he hire from the outside; (2) if
not, what qualifications or factors shall govern the selection of an
employee for promotion; and, on the basis of such standards, who
shall finally determine the best qualified employee. In brief, the issue
lies between organized labor’s desire to extend seniority to cover pro
motions (so that length of service rather than special qualifications
for the job would determine who is promoted to a better-paying jo b ),
and management’s effort to control the assignment of men to jobs
on the basis of competence rather than length of service.
In general, management looks upon promotions as one of its pre
rogatives. B y and large, employers feel strongly against promoting
on the basis of seniority, either plant or departmental, except when
the choice involves men equally qualified to fill the new job. In their
view, efficiency is impaired and individual employee incentive stifled
if seniority, rather than ability, governs promotions. They feel that
skill, ability, and personal qualities should get primary consideration,
with seniority a factor only when all other qualifications are equal.
B y subordinating seniority to other factors, management argues it can
promote the most skilled men, not those who merely get by, i. e., have
“minimum qualifications” or “sufficient ability.” And the final deter2 However, a transfer to higher labor grades generally conies within the purview o f the
prom otion or classification clauses o f agreements and a transfer to a lower labor grade to
avert lay-off is usually covered by the lay-off procedure.
PROMOTION, TRANSFER, AND ASSIGNMENT
3
mination of an employee’s skill and ability justifying his promotion
should be made by management, which it holds is better qualified to
judge ability than an arbitrator. Another argument o f management
is the difficulty in building up an effective work force if seniority is
strictly followed in promotions from one job to another, as new, skilled
employees will not generally start at the bottom of the ladder. Man
agement would, however, concede to organized labor the right of griev
ance against the practice of nepotism, favoritism, or discrimination
in promotions.
Labor stresses seniority as the primary factor in making promotions
on the ground that other factors are difficult to measure objectively.
Where ability is given primary consideration, labor fears that man
agement will tend to overemphasize its own judgment o f merit and
ability at the expense of seniority. Management, in the opinion of
unions, cannot equate with exactness the qualifications o f two workers,
both of whom are capable o f filling a higher job, and, if seniority is
not considered, the results are employee dissatisfaction and an accumu
lation of grievances. Moreover, labor’s argument runs, a man should
be eligible for promotion not only if he is already qualified but if he
can qualify within a reasonable period of time.
Even though some unions agree that seniority alone cannot be the
determining factor for a promotion to a higher-rated job, they still
insist that management should not have the sole right either to pro
mote employees or hire new workers for job vacancies or job openings.
Such discretionary powers o f management would, it is feared, entirely
negate the union’s promotion policy to give consideration to present
employees before filling vacancies with new employees.
In actual agreements, seniority in promotions is generally qualified
by requirements of ability and may govern only if all other factors are
relatively equal, or less strictly, if the employee has minimum qualifi
cations. In emergencies, employers often retain the right temporarily
to promote (or transfer) employees without regard to either ability,
merit, or seniority.
Some agreements provide for promotions to higher paid work or
slightly more responsible duties on the basis of seniority, though
exempting the more important supervisory positions from the senior
ity provisions.
Sometimes the employer’s right to promote is limited by require
ments to consult with the union prior to selecting an employee for
promotion, to make the selection from a group o f employees who re
quest consideration or who are recommended by the union, or to give
first consideration to present employees.
So that employees will know of job vacancies and promotion oppor
tunities, vacancies are often publicized. This may be accomplished by
791529°— 48------ 2
4
COLLECTIVE BARGAINING PROVISIONS
posting announcements on the department or plant bulletin boards or
by giving notice to the union.
W here promotion is reserved to employees with proper “merit,”
“ability,” or “ qualifications,” the union may contest management’s
appraisal o f the abilities of individuals. Some agreements give the
union the right to appeal management’s decision to arbitration. In
others, management’s appraisal of the abilities of employees for pro
motions is specifically stipulated with the sole restriction that there
shall be no discrimination against union members as such.
A llied directly with transfers is the problem of seniority status after
transfer, particularly when transfers are made from one department
or occupation to another. M ost agreements incorporate safeguards
to protect an employee’s seniority on transfer, especially if the trans
fer is made at management’s option or without pay increases (see
forthcoming Bulletin 908-11, for clauses dealing with seniority).
Emergency, temporary transfers or transfers of handicapped or super
annuated employees are often permitted without regard to seniority
and other restrictions.
In most cases where seniority is given serious consideration in pro
motions, a trial period for testing the ability of the employee is set up.
I f the employee fails to meet the test he is returned to his old job,
but without loss of seniority.
Promotions From Within
Some agreements provide for a “promotion from within” policy
without necessarily specifying seniority as the basis upon which pro
motions are made. Such agreements commonly state, however, that
present employees will be given preference over outside employees in
promotions and in filling vacancies. Some stipulated that an em
ployer is to consult the union before bringing in a new employee to fill
a vacancy. The union may then present a list of possible candidates
for the job from among the present working force. A few agreements
specifically call for the union to submit a list of possible candidates
for job openings. W hile this does not establish any sure means of
choosing present eligible employees for promotion, it does offer some
protection against new workers being brought in to fill higher-paid
jobs.
In some agreements, union members are given preference in the
filling o f vacancies and in promotions. Usually such clauses are found
in agreements providing for a “preferential shop” where union em
ployees enjoy many advantages over non-union employees.
A few agreements authorize management to fill vacancies from out
side under specified conditions when no qualified employee is available.
PROMOTION, TRANSFER, AND ASSIGNM ENT
5
1. General Company Policy To Promote From Ramies
It shall be the policy of the company to make all promotions from the ranks
of the employees, and only when impractical will it be the disposition of the
company to vary from this policy. Employees promoted from the ranks to the
position of foreman shall retain their seniority rights as workmen in the de
partment from which promoted.
2. Qualified Employees Given Preference Over Outsiders in Filling Vacancies
Employees who have established themselves as being qualified, in the judg
ment of the management, shall have preference in filling vacancies in higher
classifications before hiring new employees when vacancies occur.
3. Preference to Present Employees Over New Employees
In the event the company requires additional skilled or semiskilled help,
a notice to that effect will be posted oh the company bulletin board and employees
of the company may bid for such job. If a bidding employee has the ability
and if his transfer to the new job will not disturb production, such bidding
employee will be given preference over new men and selection from among several
bidders shall be on the basis of seniority. Any employee wishing to bid for a new
job must make application in writing through his foreman within 24 hours after
posting the notice.
4. Probationary Employees Given Promotion Preference Over Outsiders
Employees who have not acquired seniority rank shall be given opportunity
for promotion to higher rated jobs which they can satisfactorily perform before
new employees are hired for such jobs.
5. Consideration to Present Employees in Promotions
In filling vacancies in higher classifications the [employer] will continue
wherever practicable to give first consideration to present employees.
6. No Outside Hiring Until Employee-Eligibles Canvassed
No employees shall be hired from outside o f the company to fill the jobs listed
in appendix A until appropriate bid lists have been cleared o f eligibles.
7. Employee?s Right To Apply for Any New Job or Vacancy
The company recognizes the right of any employee to apply for any new job
or vacancy within the bargaining unit. It is understood that seniority and
ability be considered where two or more are seeking such new job or vacancy.
8. Preference to Present Employees; Consideration to Union Recommendations.
Employer May Hire New Employee if Available Employees Unqualified
The company shall promote employees at its own discretion. Recommenda
tions for promotions by the union shall be considered. In granting promotions
the company will give preference to the next lower grade of existing personnel,
including laid off employees of the company as appears in the job classification
set forth in appendix A, which is hereto attached. I f the available employees
in the lower classification are not capable o f filling the job classification that
is open, the company shall hire a new employee through its personnel department.
9. All Copy Boys Given Trial Period in Specified Beginner Classifications— Given
Priority in Filling Vacancies, if Found Competent
It will be the policy of the [employer], so far as practicable, to recruit begin
ning reporters, photographers, and artists from the copy boy classification. To
COLLECTIVE BARGAINING PROVISIONS
6
that end it will, within a period of 3 years from the date o f employment, give
each copy boy who may have the necessary qualifications a try-out o f at least
3 months in reportorial, photographic, or art work; and, during the period of
such try-out, he shall receive not less than the first 6 months’ minimum scale for
employees assigned to such work. If, after such try-out, it is determined that
he is competent to perform the work, he shall be offered the first opening for a
beginner in the particular classification in which he was tried. Pending such
opening, he may be returned to his original work as a copy boy but shall con
tinue to receive the first 6 months’ minimum scale for employees engaged in
reportorial, photographic, or art work.
10. Union May Submit Names of Candidates for Promotion—Review Through
Grievance—Arbitration Procedure Applicable to Certain Jobs Only
In the event that the company desires t o :
(a ) Fill a vacancy in the engineering groups, or
(b) Upgrade or promote an engineer to a higher classification;
the company shall notify the union of the contemplated action and the union
shall have the right within 1 week to submit the names of five or more candi
dates whom they consider eligible for such upgrade or promotion.
Any dispute arising under the application of this section shall be subject to
the grievance procedure and arbitration, except that in the event a dispute in
volves the classification of development engineer, the matter shall not he
arbitrable.
N ote.—This agreement recognizes the union as sole bargaining agent without
any additional form o f union security.
11. Advance Notice of Vacancy to Union; Rejection of Union Candidate Subject
to Grievance Machinery, Excluding Arbitration
In the event that the company desires to fill a vacancy among the employees;
covered by this agreement, it will give the union 24 hours’ notice of the existence:
of such vacancy, and if within such period of 24 hours the union shall submit the
name of an existing employee as candidate to fill such vacancy, the company will
consider such candidate, and if, in the company’s judgment, the candidate is
qualified for such promotion or transfer, the company will appoint the candidate
to fill the vacancy. Any dispute arising under this clause may be treated as a
grievance under article XVI, but no such grievance shall be subject to arbitration.
N ote.— This agreement provides a modified union shop under which all em
ployees, except those not members of the union at the time the agreement was
signed, must become and remain members of the union in good standing.
12. Notice to Union Before Company Hires Outsider if no Qualified Employee
Available
If no qualified employee is available for the vacancy or newly created job
classification, either from the next lower job classification in the promotional
series, or as a result of the bidding procedure, then the company may select any
employee, or hire someone to fill such job classification, but will not do so until
it has notified the union.
13. New Hire to Fill Vacancy if Time Insufficient for Learning Job
Promotions within the bargaining units will be based upon departmental seni
ority, provided, however, that when the department seniority list has been
exhausted vacancies shall be filled from the waiting list o f applicants from other
PROMOTION, TRANSFER, AND ASSIG N M EN T
7
departments according to their accumulated plant service; and, provided further,
that the employee can perform the job or learn the job within a reasonable time
except that, in cases of necessity where no applicants are available who can
perform the job and there is insufficient time in view of such necessity to teach
an applicant the job, a new employee may be hired for such vacancy.
Posting Notices o f Vacancies and Bidding for the Job
Some agreements provide for vacancy posting either by simple
notification or a complete job description.
It is common to have a listing of vacancies posted fo r a minimum
period before they can be filled. The names of the successful applicants
may also be required to be posted. In some cases, employers may be
required to notify the union o f job openings or submit the names of
successful applicants.
Instead o f posting and bidding, some agreements provide that em
ployees who desire promotion submit a written statement of their
qualifications to the foreman or personnel department. W hen vacan
cies for promotion occur, selection is made from the list o f applicants.
A number o f agreements bind the company to give careful consid
eration to all applications, and some provide for some form of union
participation in considering applicants for vacancies.
Agreements may also specify the area within which job posting and
bidding will apply, i. e., whether plant-wide, departmental, or
occupational.
Restrictions on employees’ rights to bid or apply for vacancies are
sometimes found in agreements. A n employee may not be permitted
to bid for another job for a set period after receiving promotion. He
may lose his right to bid for a given period of time, or relinquish all
claim to a job, if he refuses a promotion or refuses to bid on one to
which his seniority entitles him. H e may be considered ineligible for
a stated period to bid again for a job on which he had failed. The
requirement that an employee must remain on the new job for a certain
length of time also tends to restrict the frequency o f promotions for
the individual worker. On the other hand, some agreements permit
an employee to decline a promotion without prejudicing his future
rights.
DEPARTMENTAL POSTING OF VACANCIES
14. Forty-Eight Hour Posting in Department
When a job is open within a department, the company agrees to post a notice
on the bulletin board for 48 hours in that .department stating that a job is
available. Job to be given to claimant in that department based on seniority
as in (a) above. Anyone not making claim or refusing that job within the 48
hours after notice was posted, forfeits any claim to that job unless it again
becomes available, except as defined in (f-4 ) below.
8
COLLECTIVE BARGAINING PROVISIONS
15. Department Posting for ^8 Hours; Posting, Selection, and Placement To Be
Completed Within 1 Week
In the event a job is declared open, the job shall be posted on the departmental
bulletin board for a minimum of 48 hours (two working days), before perma
nently selecting the employee. The company agrees that it will post the job,
select the applicant, and will endeavor to fill the job and reclassify the selectee
within one week unless there is a disagreement as stated below * * *
No employee shall sign a job notice unless he is willing to assume the duties
o f the job if and when selected.
To be eligible for consideration an employee must make application by signing
the job notice, except that by agreement between supervision and the steward
or stewards an employee who is absent may be considered as an applicant.
This section does not apply to promotions to supervisory positions, nor is it to
apply to temporary openings (less than 30 days) due to sickness, absenteeism,
vacations, etc.
16. Selection Made by Department Foreman if no Employee Bids for Job
When a vacancy occurs on a job, a notice of this vacancy will be posted on the
departmental bulletin board. Interested employees should see their foreman
with their shop steward and sign the duplicate of the notice which will be re
tained by the foreman. This notice will be posted at least 48 hours, or six shifts.
In a case where no one signs the bid, the foreman of the department will assign
the work to one of the younger employees most fitted for the job.
BROADENING OF BIDDING AREA FROM DEPARTMENTAL TO PLANT-WIDE
17. Sequence of Bids: Department Employees; Other Employees Who Previously
Worked in Department; Other Employees in Plant
Whenever the company permanently fills a job vacancy in any department,
the employees in the department will first be afforded an opportunity to bid for
the job on the basis of their seniority within the department and their general
ability and competency to do the job. If the job is not filled from employees
within the department, employees from outside the department who previously
worked in the department will next be afforded an opportunity to bid for the job
on the basis of their former seniority within the department and their general
ability and competency to do the job. If the job is not filled from employees out
side the department who previously worked in the department, then all other
employees from outside the department will, subject to the provisions of the fol
lowing paragraph, be afforded an opportunity to bid for the job on the basis of their
plant seniority and their general ability and competency to do the job.
18. Job Poster for S Days, Filled on Fourth Day. Job Assigned to Bidder With
Most Plant-Wide Seniority if No Department Employee Bids
When it is determined that a vacancy exists in a department, the job shall
be posted on the bulletin board and time clock for a period of 3 days so that
eligible employees may bid. In the event no employee of the department in which
the vacancy exists bids on a job as previously provided, the employee bidding
who has the greatest total plant-wide seniority shall be assigned to the vacancy.
The employee given the job shall occupy such job on the fourth day. If such
employee given the job is unable to fill such job permanently within 30 days due
to lack of efficiency or ability, he shall be returned to his former job without loss
of seniority. Employees bidding and filling a job permanently in another depart
ment shall lose all seniority in the department from which they came.
PROMOTION, TRANSFER, AND ASSIGNM ENT
9
UNION PARTICIPATION IN FILLING VACANCIES
19. Union Notified of All Vacancies and New Jobs
When new jobs are created or when vacancies occur on jobs requiring greater
skill and ability, employees having the necessary qualifications will be given
preference to fill such vacancies on a seniority basis. The union shall be notified
of all such newly created vacancies and jobs.
20. Company Will Confer With Union Committee in Considering Applicants
All employee vacancies and new jobs created which offer the opportunity for
promotion shall be posted by the company for 5 days, during which time any
employee may have the opportunity to make application in writing for promotion
to such jobs. Applicants shall be considered in the order o f seniority regardless
of department, providing, however, that the company may give consideration to
the ability of any applicant to fill the requirements of the job.
In considering these applicants, the company will confer with the union com
mittee to obtain its opinion relative to the employee applicants and will give
due consideration to these opinions in reaching a decision.
21. Posting for 5 D ays; Applicant To Furnish Copy of Bid to Union
The job classification (other than hoistman, head shaftman, and those in the
apprentice group) in which there is such a vacancy will be posted for bids on
the bulletin boards for five workdays, meaning the workday on which the job
classification was posted and the next four full workdays during which time
written bids filed in the box provided for that purpose will be received. Only bids
filed during this 5-day period will be recognized. A copy of all bids filed shall
be submitted to the union by the bidder. All recognized bids received under
the same posting shall be held valid until a successful bidder has qualified in
and retained the posted job for 60 days worked.
22. Advance Notice to Union of Promotion, Where Possible
Promotion shall be based on ability, except that where abilities are equal,
promotion shall be based on length of service with the employer. The employer
where possible will notify the shop committee prior to making such transfer or
promotion.
23. Job Notices and Names o f Bidders and Employees Selected Given Union
Monthly
The company will give to the union monthly (a) a copy of all advertisements
for bids posted during the preceding month, (b) a list of the recognized bidders
for each posted job classification, and (c) the names of employees awarded each
such job classification.
24. For Permanent Promotion, Notice and Conference With Union; for Temporary
Promotion, Notice Only
In the event an overseer desires to fill any vacancy or new job by permanent
transfer or promotion, he shall give notice of his intentions to the director of
labor relations and the union shop steward having jurisdiction in his depart
ment.
The director of labor relations shall promptly notify the union of the contem
plated transfer or promotion, and shall promptly arrange a conference between
all interested parties for the purpose of discussing any issues pertaining thereto.
In the event of differences remaining between the parties at the conclusion of
such conference, the director of labor relations shall promptly arrange a further
conference between top management and all interested parties.
10
COLLECTIVE BARGAINING PROVISIONS
In cases of temporary promotions or transfers, in or out o f the bargaining
unit, the foreman shall give notice o f his intentions to the director of labor rela
tions and the union shop steward having jurisdiction in his department, speci
fying the conditions of the transfer, and the director of labor relations in turn
will notify the union o f same for its records.
BID RIGHTS OF EMPLOYEES ON LEAVE
25. Employee on Leave May File Bid on Return; No Time Limits
Employees who are absent from the plant with a reasonable excuse such as
sickness, vacation, or union business (other than international union work) and
have notified the company of such absence, will have an opportuity to bid on any
vacancy that may have occurred during such absence upon their return to work.
26. Employee on Leave May File Bid Within 72 Hours A fter Return Provided
Leave Terminates Within 50 Days A fter Bids Closed
I f an employee is absent on authorized absence the last three or more days of
the period a job classification is advertised for bids he shall, upon his return to
work, be allowed to file a bid and exercise his seniority as provided in this article
as to job classifications posted during his absence, provided his absence has not
continued more than 50 days after the advertising period and he files written
request to do so in the box provided for bids within 72 hours after his return to
work, and he shall submit a copy of such request to union.
27. Employee on Leave May File Bid Provided Absence is 2 Weeks or Less
Better paid jobs shall be bulletined for 48 hours and, if qualifications are equal,
seniority is to prevail in selection for promotion. Employees shall be allowed to
bid for jobs if they so desire. Employees who have been absent from work due
to sickness or vacation for a period of 2 weeks or less, on their return, shall have
the privilege of bidding on any job bulletined during their absence.
28. Employee on Leave May File Bid During First Shift A fter Return
In the event an employee is absent from work during the entire 72 hours for
which a vacancy notice is posted because o f the company’s failure to offer him
work during that period, the company will accept his bid for the job vacancy
covered by the vacancy notice if the bid is made within the first shift for which
he is scheduled to work after the closing time of the vacancy notice.
29. On Return, Employee on Leave May Displace Junior Employees on Jobs
Posted During Absence. Ten Hours’ Notice Before Displacement
Drivers on leave o f absence may, upon their return to service, exercise seniority
over junior drivers on assignments that have been advertised and assigned during
their absence. Before such seniority may be exercised, 10 hours’ notice must be
given as provided in section 8 above.
RESTRICTIONS ON BIDDING
30. Successful Bidder Disqualified From Bidding for Another Job for 4 Months
Notice of vacancies in a department which are to be filled in accordance with
section (a ) hereof shall be posted throughout the plants for a period o f 48 hours
so that employees entitled to claim the job shall have the opportunity o f apply
ing for the same within said period.
An employee who has received a job which has been posted shall not be eligible
to apply for another posted job until at least 4 months has elapsed.
PROMOTION, TRANSFER, AND ASSIGNM ENT
11
31. Limit o f Three Bids During Contract Year
An employee shall be limited to three successful bids during the contract year
except that this limitation shall not apply to an employee bidding on a higher
paid job.
32. Bidding Rights Lost for 1 Year I f Employee Fails To Accept Job Bid
Any employee refusing to accept an award after bidding, shall lose his bidding
rights for 1 year.
33. Limitation on Frequency of Bids by Employee for Same Job A fter Failing
to Qualify
I f an employee has twice within any period of six consecutive months bid for
a job classification and failed to qualify in such job classification, no bids for the
same job classification filed by such employee during the following 6 months
shall be recognized.
34. Thirty-Day Service Prerequisite for Bidding
Whenever a position to be filled is vacant, notice thereof shall be posted for
a period of 7 days upon the company bulletin board at each plant, during which
7 days all the employees covered by this agreement may bid for the position.
Such bids shall be made by application for the job mailed to the superintendent
of the company’s [name and location o f division]. Bids o f construction or casual
workers who have not been on the pay roll of one of the plants covered by this
agreement for a period of 30 days preceding the posting shall not be considered
unless there is no other qualified applicant.
35. Bidders Limited to Employees in Labor Grade Below Job Posted
In the event a vacancy on any job in the bargaining unit should occur, notice
of such vacancy shall be posted on the bulletin board for 3 days. During that
period, all employees who, under job classification, are classified not more than
one labor grade below the job posted are eligible to bid on the job with the
exception that where an individual is performing on a job classification below
his maximum ability under job classification, he will receive the rights of his
full job evaluation capabilities. Any employee not classified under job classifica
tion may bid on a job in the two lowest grades. Ability to perform the work
shall be the first factor to be considered in the choice of an employee for the
job, but if there is no difference in ability, seniority shall govern.
36. Bids for Apprentice Jobs Limited to Helpers With 1 Year's Service in Craft
Apprentice openings shall be bid in accordance with the terms of the collective
bargaining contract but shall be limited to helpers who have served one full
year in the craft for which an apprenticeship is posted. An apprentice shall not
be upgraded to mechanic until he has served one full year as a helper and three
full years as an apprentice.
DECLINING PROMOTIONS
37. Bypassing Promotion Has No Effect on Future Promotions
In the event an employee chooses not to accept a promotion, it shall have no
effect upon his future opportunities for promotion.
38. Employee Declining Promotion Barred so Long as Conditions Causing Refusal
Remain
Employees who are offered promotions in accordance with the provisions of
this article and who refuse such promotion, will not again be offered a promo7915290— 48------ 3
12
COLLECTIVE BARGAINING PROVISIONS
tion where the same conditions prevail that caused their original refusal. In
the event there is a change in the circumstances under which an employee refused
a promotion, such employee may then request and be considered for such promo
tion in the future.
39. Employee Declining Promotion Barred from Claiming Waived Job Unless It
Again Becomes Vacant
When the senior employee wishes to decline such promotion or higher paid
job, he shall sign a waiver which shall be countersigned by the superintendent
and the chairman of the shop bargaining committee. Such signed waiver shall
act to prohibit the signer from exercising his seniority to claim the waived job
unless it again becomes vacant or is changed. It shall not act to prevent him
from taking any other promotion or higher paid job if such a job becomes avail
able. The last eligible man on the seniority list will be obligated to accept the
assignment.
40. Employee Declining Promotion Bypassed for Future Promotion and Lay-off
by Employee Taking Promotion
When an employee declines a promotion to a job in a higher classification on
a later shift and such promotion is accepted by an employee with less seniority,
the employee declining the promotion shall never be entitled to a similar job on
a more preferred shift ahead of the man accepting the promotion. In the event
o f a lay-off the employee who has accepted the promotion will be retained in
preference to the one who has declined.
41. Employee Declining Promotion Must Sign W aiver; Employee Taking Pro
motion Advances on Seniority List
I f an employee entitled to a promotion on the basis of seniority voluntarily
elects not to accept the promotion, he shall sign a waiver thereto. On jobs where
there is a line of promotion, the waiver, in addition to waiving the rights to the
specified promotions involved, shall also provide that the employees receiving
the promotions shall advance beyond the employees refusing the promotions on
the seniority list for the purpose of further promotions. In demotions this same
principle shall apply as far down as the position waived.
42. Employee Declining Promotion in Line of Progression Forfeits Claims for
1 Y ear; Other Employees Subject to Demotion for Refusing Promotions
Any operating employee who has heretofore refused a promotion or step-up
into a position or classification which he is normally expected to step into by
reason o f his regular job, shall continue to have the right to freeze himself, but
shall forfeit all claims to further step-up and permanent promotion for a period
of 1 year after each such election. However, no other operating employee shall
have the right to refuse step-ups or promotions except with the approval of the
company, and if any such employee shall refuse to step up without justifiable
cause, he may be demoted to such a job as will make him available for step-up
to two higher jobs.
43. Employee Declining Promotion Goes to Bottom o f Promotion L in e; J^-Week
Waiting Period Before Again Eligible to Bid
When an employee enters a line o f promotion, he shall be expected to accept
any subsequent promotion that may develop in that line. An employee must
accept a promotion to the next job in the line of promotion unless he is able to
give evidence o f inability to perform the duties required. Evidence, to be
acceptable to management, must clearly indicate physical inabilty or lack of
necessary qualifications. All promotions are subject to a trial period o f from
1 to 4 weeks, unless otherwise agreed upon between the company and the union.
PROMOTION, TRANSFER, AND ASSIGNM ENT
13
An employee who, possessing the qualifications and ability to do the higher job,
refuses the promotion shall be demoted to the bottom of his line of promotion,
from which after a 4-week waiting period he shall be eligible to bid on vacancies.
44. Status of Employees Declining Promotion Because of Temporary or Physical
Disability or for Other Reasons
Any employee who refuses to accept a promotion when it becomes available
to him shall be required to immediately elect either (1) to be terminated or (2)
to be transferred to the bottom of the seniority list of another unit, if such
transfer is available to him according to the provisions of section V of this agree
ment [Transfer and Hire].
Employees who cannot accept promotion because o f temporary or permanent
physical disability or because the work in the new job classification might reason
ably be expected to cause ill health or other physical disability, may be retained
in the employ of the company in the classification in which they are at that time
employed until they are physically able to accept promotion.
An employee who is unable to accept promotion because of temporary physical
disability, shall not lose his right to promotion if he is physically able to accept
promotion within 60 calendar days o f the date the promotion was available.
When such employee accepts the promotion, he shall retain the position on the
unit seniority list, with reference to all employees who may have been promoted
during his temporary physical disability, he had at the time he had to refuse
the promotion.
Any employee who is terminated or transferred under [the first] paragraph
of this section IV, or who must refuse promotion under the provisions of [the
second] paragraph of this section IV, shall be given a written notice of that
fact and the reasons for the action of the company. Copy of said notice shall be
served on the union. Such an employee shall retain his company service seniority
for purposes of lay-offs and demotions.
W H EN POSTING IS REQUIRED
45. Posting for Vacancies Paying More Them Base Wage; No Time Limit on
Posting
Whenever vacancies occur in occupations paying more than the base wage,
the employer will post a notice thereof on the employer's bulletin board. There
after written applications may be made by employees seeking advancement and
the employer in filling such vacancies shall give due consideration to the appli
cants who apply for them.
N ote.—Where qualifications are equal, seniority prevails.
46. Posting of Jobs Paying Specified Rate of Pay
Whenever employees in a department are to be afforded an opportunity to bid
for a job vacancy in such department which carries a rate higher than $0.98 per
hour, the company will post a vacancy notice on a bulletin board in the depart
ment. Job vacancies carrying a $0.98 per hour rate which are not posted under
the provisions of this paragraph will nevertheless be handled in accordance with
the seniority provisions of this agreement. The company will post the name of
each employee permanently assigned to any job vacancy posted for bidding under
the provisions of this paragraph.
47. Jobs Posted Weekly, on Specified Day
The company agrees to post in each of the various clockrooms a list o f jobs
currently available and on requisition at the employment department. This list
will be posted on Wednesday of each week.
14
COLLECTIVE BARGAINING PROVISIONS
48. Posting Only if No Promotion Made From Promotional List
When a vacancy occurs or when a new position is created within the bargain
ing unit above the entrance job classifications, if no employee is promoted in ac
cordance with the promotional lists (exhibit B ), the company shall post a notice
on the bulletin boards in the section or division affected, for a period of 10 days,
announcing the position open. (The entrance job classifications referred to are
those indicated on the attached promotional lists, exhibit B.) Employees desir
ing to be considered should make written application to the head of the division
setting forth their qualifications. Employees who do not make application with
in the period of posting of the notice shall be deemed to have no grievance.
49. Job Posted if Vacant for More Than 2 Weeks Except by Employee on Leave.
Temporary Appointments Allowed Until Permanent Selection Made
When a new job is created or a vacancy occurs, a notice to this effect will be
placed on the bulletin board in the department involved. First preference will
be given to the oldest applicant in point of service on the basis of experience, abil
ity, and required qualifications.
In case of selection of other than the senior applicant in point o f service, man
agement will advise the officers of the union the reasons for its choice. I f not
selected, applicants shall upon their request be advised by management why they
were not chosen.
Temporary appointments may be made until permanent selection is made.
I f position cannot be filled from within the department, new jobs or vacancies
will be posted on the main bulletin board.
When a job is vacated for a period in excess of 2 weeks by the employee regu
larly assigned to the job, for any reason other than a leave of absence to that
employee as provided elsewhere in this agreement, the job shall be considered
open for application under the terms of this article.
50. Permanent and Temporary Jobs To Be Posted
Notice of all vacancies, or new jobs created, or promotions, shall be posted on
the bulletin board for a period of 5 days before such jobs are permanently filled.
Temporary jobs are to be posted for an estimated time. Jobs not terminated on
or before the expiration of the estimated time are to be again posted on the bulle
tin board.
51. Posting Limited to Original Vacancy and Vacancy Resulting From Filling
Job Posted; Subsequent Openings Filled by Company Selection
The vacancy resulting from filling a job which has been posted shall likewise
be posted but subsequent openings resulting from said original posting shall
not be posted but shall be filled by employees selected by the company from the
plant and the lay-off panel who are able to perform the task properly.
52. Yearly Rebidding on Runs; 5-Day Posting for Vacancies; Assignment by
Strict Seniority
During the 20-day period prior to the fifteenth day of June of each year all
drivers will be permitted to bid in any run or more to the extra board at any
terminal on the company’s system to which their seniority rank entitles them
and make any change thereby made necessary prior to 11:59 p. m., June 15
o f each year.
Each new regular run and permanent vacancy will be advertised for choice,
bidding period to remain open for 5 days and then assigned to the senior driver
making application therefor; provided, however, that the driver leaving the
run which creates an opening will not be permitted to bid the opening which
PROMOTION, TRANSFER, AND ASSIGNM ENT
15
he created. I f no bids are received, the run or vacancy will be assigned to the
youngest driver on the extra board at the terminal where the run originates.
I f the run originates at a point where no extra board is maintained, then the
vacancy will be assigned from the extra board serving the run.
When a regular driver is off of his assignment, the same shall be assigned
to the top driver on the extra board serving the assignment, and such regular
assignment shall be reassigned each day except for those assignments which
require 2 days to complete. When it requires 2 days to complete an assignment
it will be reassigned every other day.
When it is known that a regular assignment is to be open for more than 6 and
less than 30 days, the senior extra driver on the board protecting such regular
assignment, will be permitted to bid and retain such assignment as a hold-down.
For the purpose o f this section, drivers working a hold-down will not be con
sidered as being displaced at termination of such hold-down.
When i f is known that a run is to be open for 30 days or more, it shall be
bulletined as a temporary vacancy, and the senior driver applying for the same
shall be assigned. A driver taking such a vacancy may, as soon as relieved, re
turn to the assignment he vacated, except that he will be permitted to take
any position to which his seniority entitles him which may have become vacant
during the time he was filling the temporary vacancy.
APPLICATIONS FOR PROM O TION ; NO BID SYSTEM
53. No Posting. Applications on File Requesting Upgrading Given First Consid
eration in Filling Vacancies. Copy of Application to Union
It is agreed that employees desiring to be considered for upgrading, may
file with the employment office, an application blank indicating the job for
which they wish to be considered. A duplicate copy of the application shall be
given to the plant chairman. When a vacancy occurs first consideration will be
given to the applications on file.
The selection of employees to fill job vacancies within the classifications cov
ered by this agreement shall be made impartially on the basis of company
seniority, ability, and qualifications for the job. Where the other factors listed
in this section are relatively equal, company seniority shall be the determining
factor.
Violation of other than merit and ability provisions o f this article, shall
constitute grounds o f a grievance. The company shall have the right to place
an employee temporarily on any job before the above procedure is followed.
54. No Posting. Consideration to Applications on File. Qualifications Reviewed
by Union and Management
Any employee desiring to be upgraded from one occupation to another shall
file in the employment office his application for such transfer on forms furnished
by the company. As new job openings or vacancies occur, full consideration will
be given to each applicant’s qualifications to perform the work based on pre
vious experience with the company, or ability to perform the work, and seniority.
The qualifications of all applicants to be considered for upgrading out of line
of seniority shall be reviewed by the plant superintendent, foreman and union
committeemen of the plant involved in such upgrading. Selection will be made
from those whose applications are on file at the time the decision is made. If
none of the applicants have had any previous experience with the company and
all applicants are qualified to perform the work, the applicant with the greatest
seniority will be selected for the vacancy. In case of emergency, the company
16
COLLECTIVE BARGAINING PROVISIONS
will be permitted to hire new employees experienced as automatic screw machine
operators who are required to do their own set-up work.
OTHER BID CLAUSES
55. Illustration of Bid Notice
A standard form of posted notice shall be used for advertising such job vacancy,
which shall contain the following information:
(a ) Department.
(b) Date and hour of posting notice.
(c) Number of notice.
(d ) Description and rate of job that is vacant.
(e) When job will become effective.
( f ) Date and hour o f closing time for applications.
(g) Place to file applications.
56. Careful Consideration of Applications for Vacancies Posted
Insofar as possible, when a new department or a new job is created, the com
pany agrees to post notices of same on bulletin boards. Employees who are
interested may make application, stating why they want to change and why they
are qualified. The company agrees to give such applications careful consideration.
57. No Vacancy Permanently Filled Until 14 Days A fter Notice Posted.
Employee Promoted Posted Within 8 Days of Filling Job
Name of
Whenever a vacancy or new position arises (other than a temporary vacancy
or a temporary new position) the company will post a notice of the vacancy or
new position on the appropriate bulletin board or boards.
Those employees who are qualified to perform the job which is open, as deter
mined under section * * * of this article * * *, will be given a reason
able opportunity to bid on the job in question. No vacancy or new position may
be filled permanently until 14 days after the notice has been posted. Within 3
days after the position has been filled the name of the employee promoted will be
posted on the bulletin board by the employer.
58. Vacancies May Be Filled Temporarily Until Posted and Filled
Section 3. It shall be understood that any cases o f emergencies and vacancies,
including new and temporary jobs, shall be filled by the management until such
time as the job or jobs can be properly posted and filled in the manner set forth
above. Any employee accepted for any temporary job shall be returned to his
former job at his former rate of pay at the expiration o f the temporary job.
59. Name of Successful Bidder Posted and Notice Sent to Union
The name o f the person appointed to fill the vacancy shall be posted on the
same bulletin board as was the notice of the vacancy, and a copy o f this notice
shall be forwarded to the union for its information.
60. Detailed List o f Rules for Bidding
A job, other than a supervisory one, becoming open as a permanent vacancy
shall be posted on the room bulletin board for a period of 3 working days by the
overseer in that department and assigned to the senior qualified bidder in the
department. During the 3-day period, the company shall temporarily fill the
position as provided for in paragraph (e).
The following rules for bidding shall prevail:
(1)
A worker may always bid to change from one shift to another; provided,
however, that the person who has bid down between shifts shall not start on
his new job until the company has a qualified worker to replace him.
PROMOTION, TRANSFER, AND ASSIGNM ENT
17
(2) A worker may bid to change from a lower to a higher classification in the
same department.
(3) A worker may bid to a job in the same classification that has greater
scheduled earnings’ possibilities. It is agreed, however, that a worker bidding
from one job to another job in the same classification because of greater scheduled
earnings’ possibilities can bid no more than once every 60 days.
(4) A worker may bid to a job in the same classification irrespective o f earn
ings’ possibilities not oftener than once in 6 months.
(5) In individual cases where a qualified worker wishes to bid to a job in a
lower classification, he may be declared eligible to bid for such a job by mutual
consent of the company and the union.
(6) The filling o f vacancies of watchman is reserved to management.
61. Company To Transfer Successful Bidder Within 7 Days
After an employee has been declared a successful bidder, the company shall
have a maximum o f 7 working days in which to make the necessary transfer.
The company will endeavor to make such changes as quickly as possible.
62. Company Need Not Transfer Applicant if Job or Emergency Requires His
Retention on Present Job.
An employee who claims a job which has been posted need not be transferred
by the company to the posted job if the transfer will affect the progress of an
unusually important job or if there is an emergency which requires the em
ployee’s retention on his present job.
63. Company May Fill Job by Promotion, Demotion, Transfer, or New Hire if
Bids Rejected
When a job classification has been posted for bids, if there were no recognized
bidders and no qualified graduate apprentices, helper-apprentices, or apprentices,
the company may fill the vacancy by the promotion, demotion, or transfer of any
employee who is willing to accept same, or by the employment of a new employee.
Seniority in Promotion
Though strict seniority provisions for promotion are contained in
some agreements, the usual provision is one which gives consideration
also, in varying degrees, to skill and ability and merit in the selec
tion of employees for promotion.
Where seniority is the only consideration, it is customary to give
the oldest employee in point of service first opportunity to qualify for
the vacancy. W here seniority is only one of several factors considered
for promotion, it may be equal to or be secondary to one or more of the
qualifying factors, such as, ability, skill, experience, knowledge, and
training. A t most, seniority would count no more than other quali
fications, and in some agreements it governs only when merit and
ability are equal or relatively equal.
Questions may arise over whether an employee with the required
seniority for a promotion has the skill and the ability necessary for
the job. Management may retain discretion in determining whether
an employee possesses sufficient or equal qualifications as compared
with other applicants. In same cases, the union has the power to
18
COLLECTIVE BARGAINING PROVISIONS
contest this determination of “skill and ability” through the grievance
procedure and, in some instances, by resorting to arbitration. Occa
sionally, the union and management jointly determine an employee’s
competence for promotion.
A n employer may reserve the right to disregard seniority for ex
ceptional cases or when making promotions or transfers of a tempo
rary nature. He may retain the power to fill certain specified jobs or a
certain percentage of future vacancies from outside the present work
ing force. In some cases, however, the employer must justify these
exceptions to the union, by showing that special skill, ability, training,
or experience are necessary and that no present employees are qualified.
Promotional rights based on seniority are generally confined to work
ers within the department or division where the vacancy exists, al
though many agreements fail to specify the unit (plant, department,
or division) within which a worker may exercise his seniority in con
nection with promotion. In the absence of such provisions, the area
for applying seniority is probably the same as that for lay-offs.
Seniority may be applied on a classification or departmental basis
for promotion to skilled jobs and on a plant-wide basis for unskilled
jobs. Some agreements specifically provide the same seniority unit for
promotion as for lay-offs, although a few which permit a worker to
exercise his seniority on a plant-wide basis in the event of lay-offs, lim it
his promotion rights to a department or division (usually a group of
related departments).
In some cases where departmental seniority exists, seniority is not
transferable, and employees accepting jobs in other departments are
required to start anew in accumulating their seniority. Many agree
ments, however, seek to facilitate transfer and promotion between de
partments. I f no qualified candidates for promotion are found within
the unit where the vacancy exists, consideration may be given to
applicants from other departments on the basis of plant-wide or com
pany-wide seniority, or management may be given a free hand in filling
the vacancy.
M ost union agreements do not include specific reference to promo
tion o f employees to and within the skilled trades. However, where
agreements provide for seniority on an occupational or departmental
basis, skilled trades or maintenance workers are treated as separate
groups for purposes of applying seniority and promotion rules. Dur
ing the war, unions and management in many plants instituted special
upgrading programs to meet the need for enlarging the skilled work
force in a short period of time without, however, destroyed the rights
and status built up over a period of years by fully qualified journeymen
mechanics.
A number of agreements set forth an established line o f progression
or promotional ladder under which experience on the lower-rated job
PROMOTION, TRANSFER, AND ASSIGNM ENT
19
is a prerequisite for advancement to the next higher classification.
W hen a number o f employees are considered as competent for pro
motion, seniority determines the choice. A ll new employees are hired
for unskilled work at the bottom of the ladder and are promoted, step
by step, into the more skilled operations for which they may be quali
fied by experience and training. The line of progression is either
arrived at jointly by the union and management or established by
management with union approval.
SENIORITY GOVERNS IF EMPLOYEE QUALIFIED
64. Promotion to Senior Qualified Employee.
Qualify
Senior Employee Given Chance To
In case of vacancy and promotions, it is understood that the oldest employee
qualifying for the job will be given an opportunity to fill such vacancy. Quali
fication means that opportunity be given the older employee to qualify and in
case such an employee does not qualify for the job, he shall have the privilege o f
returning to his previous position at the same rate of pay.
65. Promotion Preference on Basis of Seniority
An employee shaU be given preference in advancement on other jobs on the
basis of seniority.
66. Strict Departmental Seniority Governs Promotions
Strict departmental seniority shall prevail in promotions, curtailments, lay
offs, and reemployments, if the worker bidding for such job can in the judgment
of the superintendent and overseer qualify to fill the position.
67. Promotion on Basis of Plant Seniority
When new jobs or vacancies occur in the higher paid classifications within
the bargaining unit, the employees in the lower paid classifications will be given
an opportuity to step up to the higher paid classifications according to their
plant seniority with the exception of janitors. Watchmen with 6 months or more
seniority may bid for higher rated jobs.
68. Company Seniority Governs Promotion Provided Qualifications Met Within
10 Days
Promotions to higher paid jobs or better jobs with equal pay, shall be based
on seniority. The employee having the greatest seniority in point of service
with the company, being given the preference, providing he can meet the quali
fications necessary to do the job within 10 days.
69. Department or Plant Seniority; Precedence to Department Seniority
In all cases of promotion or transfer seniority shall be determined on either
a departmental or plant-wise basis provided departmental seniority shall have
precedence over plant-wide seniority. No promotion or transfer shall become
permanent until after a 30 working-day trial period during which the seniority
rights of the employee involved do not change.
70. Seniority Governs Promotion Provided Fitness and Ability Sufficient
In the awarding of better jobs or jobs paying more money within the same
department, senior employees are entitled to preference if their fitness and ability
is sufficient for the job.
791529°— 48------ 4
20
COLLECTIVE BARGAINING PROVISIONS
71. Seniority Governs Promotion Provided Ability and Qualifications Are Suffi
cient. Criteria for Determining Qualifications Listed
Where ability and qualifications are sufficient to meet the standards o f the
job to be filled, seniority shall be observed in promotion. Normally, promotions
shall be made from within the working unit in which the promotion arises. In
determining what constitutes sufficient ability and qualifications, due considera
tion will be given to (a) the quality of employee’s performance in his current
job, (b) his background of education and experience, including experience in
similar or related work, and (c) the amount of special preparation for the new
job, if any is necessary, which the employee has completed at the time the promo
tion is made.
72. P or Majority of Jobs, Promotion by Department Seniority, Provided Quali
fied; for Skilled Jobs, Department Seniority Governs if Qualifications Equal
For the majority o f jobs included in the bargaining unit promotions will be
made in accordance with departmental seniority, provided the employee is
qualified to do the job. In the case of more skilled jobs, departmental seniority
shall govern, provided that ability and capacity to do the job satisfactorily are
relatively equal, and the company shall, as soon as possible, supply the union
with a list of these more skilled jobs.
73. Order of Preference in Filling Vacancies in Journeymen Job Classifications
When the journeyman job classification is posted, the craft to be filled shall
be specified, and the selection o f an employee to fill the vacancy shall be in the
following order of preference: first, the graduate apprentice in the same craft
having the greatest departmental seniority; second, the helper-apprentice or
apprentice in the same craft approved for graduation and the promotion by the
joint apprentice committee; third, a bidder as provided in this article.
74. Promotion by Seniority Provided Senior Employee Has Necessary Experience
and Ability—No Discrimination
In all promotions or transfers to more desirable jobs governed by this con
tract the principle o f seniority shall be observed, provided the company is con
vinced that the senior employee has the necessary experience and ability to
perform the job satisfactorily. It is agreed that the company and the union
will not discriminate against any person or persons because of race, color, creed,
national origin, or sex.
75. F or Promotion, Group Seniority Prevails; for Promotion to Craft, Experience
in Job Line Required
In all cases of promotion, demotion, transfer, recall, and lay-off within a
particular seniority group, seniority in the group shall govern, provided the
employee can qualify, and, provided further, for promotion within a craft or
appropriate unit, the employee must have had experience in the job preceding
the one in line for which application is made. When the job cannot be filled
by an employee having experience in the preceding job, the senior man on the
next lower job in line will be considered for promotion.
SENIORITY EQUAL TO OTHER FACTORS
76. Consideration to Department Seniority and Average Ability
In all cases of promotion, the following factors shall be considered:
1. Length of service.
2. Ability to perform the work.
PROMOTION, TRANSFER, AND ASSIGNM ENT
21
In determining factor 2, an employee with longer continuous service shall
not be compelled to show that he has the highest rating in this fa cto r; it will
be sufficient for him to show that he has average rating.
For the purpose of promotion, factor 1, length of service, shall be construed
to mean continuous service in the department concerned rather than in the plant.
However, in departments where there is a definitely established line of promo
tion from operation to operation, continuous service shall be construed to mean
continuous service in the line o f promotion.
77. Promotion Based on Seniority and “ Other Necessary Qualifications”
Changes within departments for the purpose of filling vacancies in better
paying jobs such as, for example, from one set of looms to a more effective or
better paying set o f looms, etc., shall be made on a basis of seniority and other
necessary qualifications to perform the job.
78. In Promotions, Seniority Considered Along With Other Factors
In making promotions or filling vacancies within the bargaining unit, seniority
together with skill, efficiency, ability, training, and education is considered.
79. Promotion Based on Plant-Wide Seniority and Ability To Do Work Properly
When a vacancy occurs or a promotion is to be made in any particular depart
ment, except to the supervisory force, the job will be posted in all departments
for 24 hours. All employees will have the right to bid. Within 24 hours after
the bids are closed the company will award the job to the bidder having the most
plant-wide seniority and the ability to do the work properly.
SENIORITY SUBORDINATE TO OTHER FACTORS
80. Seniority Governs Where Ability and Physical Fitness Are Relatively Equal
In recognition, however, of the responsibility of management for the efficient
operation o f the plants, it is understood and agreed that in all cases o f :
Promotion (except promotions to positions excluded from the bargaining
unit set forth in this agreement) the following factors as listed below shall
be considered; however, only where factors (a) and (b) are relatively equal,
shall length of continuous service be the determining fa ctor:
(a ) ability to perform the work;
(b) physical fitness;
(c) continuous service.
81. Seniority Governs Where Ability, Physical Fitness, Character, and Family
Status Are Substantially Equal
Seniority shall prevail whenever there is an advancement or promotion,
provided the employees can meet the following qualifications:
(a) Knowledge, training, ability, skill, and efficiency,
(b) Character and personality,
(c) Physical condition and general health,
(d ) Family status (number o f dependents, etc.).
When two or more employees are, in the judgment of the company, substan
tially equal as regards qualifications (a), (b), (c), and (d), the one having
the longest term of continuous service shall be advanced to fill the opening. The
right to determine who are to hold foremanships or other supervisory positions
is vested exclusively in the company.
82. Seniority Governs Where Knowledge and Ability Are Relatively Equal
The principles of seniority shall apply to promotions when knowledge and
ability as between individual em ployees are relatively equal, The first 30 days
22
COLLECTIVE BARGAINING PROVISIONS
o f employment in the job to which an employee has been promoted shall con
stitute a trial period. The provision shall not apply to promotions to jobs
outside the bargaining unit.
83. Seniority Governs, Provided Listed Qualifications Equal
The company recognizes the fact that an employee having experience and
training in the manufacture o f its products and the maintenance of its facilities
is more valuable than one who lacks such qualifications.
Consequently, in filling vacancies or making promotions, other qualifications
being equal, seniority shall prevail. The “ qualifications” as used in this para
graph shall include such matters as experience, physical fitness, skill, knowledge,
adaptability, efficiency, responsibility, integrity, and the like.
84. Seniority Governs, Provided Listed Qualifications Equal—Disputes Arbitrable
It is the policy of the employer to take into consideration seniority, over-all
plant efficiency, ability, equality of production and attendance record o f indi
viduals, before a decision is made to transfer or promote employees, and to give
effect to seniority where other considerations are equal. It agrees to continue
this policy and to give careful consideration to any complaints in regard thereto
with the understanding that final differences shall be subject to arbitration.
85. Company Recognizes Seniority in Promotion; Retains Final Decision
While the final decision rests with the management, the company will endeavor
to recognize seniority in the transfer or promotion of an employee within a
department or from one department to another.
LINE OF PROGRESSION IN PROMOTION
86. Vacancies Filled by Seniority in Line o f Progression
Vacancies in classifications within the line of progression will be filled by the
senior qualified employee in the next lower classification. I f there is no qualified
employee in the next lower classification the other lower classifications will be
canvassed in rotation until the job is filled by a qualified employee. I f no
qualified employee is available the employer may hire an employee from outside
the plant. An employee promoted to a higher classification within the line of
progression shall have a reasonable time within which to qualify for such classi
fication. During the qualifying period the employee shall be paid the rate of
pay of his former classification. If he fails to qualify, or if he is not needed in
that classification he shall be returned to his former classification. I f an employee
is not needed in his regular classification and does not have seniority in the
other classifications, he may exercise his plant seniority in the crews drawing
the base rate of pay. Qualified employees within the line of progression may
return to a lower classification therein only when there is a job open.
87. Promotions to Next Higher Labor Grade by Seniority, Provided Ability and
Physical Qualifications Sufficient
Promotion shall be made to the next higher labor classification in the depart
ment, and the company shall promote the employee with the highest seniority
in his classification provided that his ability and physical qualifications are
sufficient to permit him to perform the duties of the next higher classification in a
satisfactory manner.
An employee shall be given a fair trial on the new classification and shall be
returned to his old position if he is unable to perform the new assignment
satisfactorily,
PROMOTION, TRANSFER, AND ASSIGNM ENT
23
88. Joint Determination of Line of Promotion or Demotion for New Jots
When jobs in departments are consolidated or new jobs are established, the line
o f promotion or demotion shall be agreed upon by the company and the workmen’s
committee, and said changes shall be set forth in article X [line of advancement
and demotion].
89. Promotion Ladder and Changes Jointly Determined by TJnion and Manage
ment
Steps as to promotion and demotion will be drawn up by the workmen’s com
mittee and the management and become a part o f this contract by inclusion in the
addendum. Any proposed changes shall be made the subject of a conference
between management and the workmen’s committee for the purpose of mutually
agreeing on such change. These steps of promotion and demotion will be fol
lowed in complying with the provisions of article 3 [seniority].
AREA FROM W H IC H PROMOTIONS MADE BROADENED
90. Promotions From Within Department; if Qualified Employees Lacking, Filled
From Other Departments
Vacancies shall be filled, as far as practicable, by promotion. Promotions shall
be made from among employees within the department affected, as far as prac
ticable, but if no qualified person is available in the department to fill the vacancy,
then suoh vacancy may be filled by a qualified person from another department.
In all cases of promotion the following factors shall be considered:
A. Length o f continuous service.
B. Ability to perform the work.
0. Physical fitness.
Where the above factors B and C are relatively equal, length of continuous service
shall be the governing factor.
91. Progressive Broadening of Area From Which Promotions Made. Availability
for Release One of Factors Considered
On promotion to higher rated jobs within the bargaining unit, and on upgrading
from lower grades to higher grades in the same occupation, consideration shall
first be given to those employees within the smallest unit under full-time super
vision where the opening exists; then within the department; then within the
division; then within the applicable major organizational unit of the company
(such as manufacturing, financial operations, sales, etc.) ; then within the com
pany.
In selecting an employee for such promotion or upgrading to an available open
ing the following standards shall apply:
(1) Availability or release. Operational requirements will be considered
insofar as they pertain to the release of an employee from his present job. In
general the release of an employee for promotion or upgrading will be granted
unless it is determined by supervision at the office level (such as the works man
ager, the production manager, the director of inspection, etc., in manufacturing)
that, because of operational requirements, the employee cannot be released.
(2) Where ability, skill, and efficiency are substantially equal, preference shall
be given to the most senior qualified employee within the applicable unit.
(3) Employee preference as indicated by employee written requests filed with
the company will be considered.
24
COLLECTIVE BARGAINING PROVISIONS
92. Promotion by Plant-Wide Seniority Where "Necessary Skill and Ability Lack
ing in Department
In the event of vacancy in a more desirable job, the right to promotion to such
job shall be on the basis of departmental seniority and necessary skill and ability
to do the job. In the event that no employee in the department has the necessary
skill and ability to do the job, the basis shall be on plant-wide seniority.
93. Immediate Department, Allied Department, Other Departments Considered
in Turn in Promotion. Department Seniority Considered in Immediate
Department; General Seniority in Other Departments
Subject to the provisions of this section, the selection o f recognized bidders for
promotion, demotion, or transfer shall be from those having qualifications (a trial
period is assured to the senior man to demonstrate his qualifications) and then
in the following order o f preference: (1) such bidder in the same department as
the posted job classification and having the greatest departmental seniority, or
if there are no such bidders, (2) for a posted job classification in a surface depart
ment, such bidders in another surface department and having the greatest general
seniority, or if there are no such bidders or for a posted job classification in the
mining department, (3) such bidders in any other department and having the
greatest general seniority. Such selection shall be made by the management
promptly after the 5-day posting period and the selection shall be posted on the
bulletin boards for 5 workdays.
WAIVER OF SENIORITY IN PROMOTION
94. Seniority Waived for Promotion of Exceptional Employees, Subject to Ad
vance Discussion With Union. Dispute Subject to Grievance Machinery
A fter Change Made
I f it should become necessary in the light o f production requirements, excep
tions based on the particular skill or experience o f an employee in the occupation
involved and changes in the above procedure may be made by the employer, but
only after discussing the proposed exception or change with the plant chairman
of the union in an attempt to reach agreement. I f such agreement cannot be
reached, the employer may nevertheless make the exception or change, but a claim
by the union that such exception or change was not necessary may be made the
subject matter of a grievance.
95. Promotions Out of Seniority Order Considered Temporary for SI Days To
Permit Union Discussions
When a promotion is to be made, or a vacancy is to be filled by transfer, within
any of the classifications covered by this agreement, the company will notify the
local union, and then or as soon thereafter as possible, the company will give the
local union the name of the person selected for such promotion or transfer. Pro
motions or transfers not made according to seniority will be considered temporary
for the first 31 days after the union has been notified by letter in order that the
union may have the opportunity to take up with the duly accredited officers of
the company the reasons why the promotion or transfer was not made according
to seniority.
RECOURSE TO GRIEVANCE PROCEDURE IN PROMOTION
96. Employer's Determination of Relative Ability for Promotion Subject to Griev
ance Procedure
In advancement and preferential placement of employees seniority shall govern
where ability is relatively equal. The employer shall determine relative ability
PROMOTION, TRANSFER, AND ASSIGNM ENT
25
o f the employees subject to grievance procedure. I f the employee fails to fulfill
the requirements o f the job within a 30-day trial period, the employee will be
returned to his former position without loss of seniority.
97. Qualifications Determined by Company, Subject to Union Approval
Practicability and proper ability to perform the work required shall be essen
tial in all permanent or temporary transfers of employees and shall be determined
by the company, subject to the approval of the executive shop committee.
98. Joint Union-Management Plan for Determining Qualifications for Promotion
A vacancy on a new job in a department shall be offered to employees in that
department who are qualified for the job (excluding piece workers) in the order
of their plant seniority credit.
In filling a vacancy which offers no increase in earnings to anyone in the
department, preference will be given when practicable to the employees in that
department, who are qualified and who have requested a change o f jobs, in the
order of their plant service credit.
Definition of “ vacancy”—a “ vacancy” as referred to in this section shall be
one that is caused by changes in production which make it necessary to increase
the number of employees in a department, or by the transfer or termination of
service of an employee.
The company shall endeavor to fill jobs that are temporarily open due to ab
senteeism, temporary emergencies or minor fluctuations in departmental pro
duction schedules with employees in the department who are qualified and are
making less money (excluding those on piecework jobs) in order o f their plant
seniority credit.
The company and the union shall establish a mutually satisfactory plan for
determining the occupational and physical qualifications o f employees for the
purposes of transfer, rehiring, and promotion.
99. Joint Determination of Qualifications; Senior Employee Gets Job if Parties
Disagree on Qualifications
Seniority rights o f employees shall prevail insofar as promotions, change of
shifts and jobs deemed by the employees to be more desirable are concerned, pro
vided that the employees possess the proper qualifications. Said qualifications
to be mutually determined between the employer and the union. In the event
that the parties cannot agree on an employee’s qualifications for promotion,
change of shift or job, the oldest employee in seniority, having the approval of
one of the parties involved, will receive the promotion, change o f shift or job.
This shall not apply to promotions outside of the bargaining unit as described
in article A [scope of bargaining unit].
100. Joint Union-Management Decision on Ability and Length of Trial Period
The company and the union executive shop committee will decide the question
o f “ ability to do the work properly” and also the length of time required to qualify
on any job awarded as the result of bidding.
101. Fairness of Company9s Decision on Qualifications and Competence for Pro
motion Subject to Arbitration
In all cases in which qualifications or competence o f an employee are con
sidered, the determination and judgment of qualifications and competence and
decisions based thereon are functions of the management. Qualifications and
competence shall be judged by the management in a fair and equitable manner
and a question of such fairness may be submitted to arbitration, if not settled
under the grievance procedure, as provided in this agreement.
26
COLLECTIVE BARGAINING PROVISIONS
X02. On Request, Employee Given Written Statement o f Disqualification for Pro
motion. Decision Reviewable Through Grievance Procedure if Grievance
Filed Within Reasonable Time
As and when job openings occur the employee who is first in company seniority
on the appropriate eligible list shall be interviewed by the supervisor delegated
to hire for the job and if the employee’s qualifications are sufficient he shall be
offered the opening. I f the employee’s qualifications are considered insufficient
he shall be so notified. The employee will be furnished a written statement of
the basis upon which his qualifications are judged to be insufficient if a request for
such statement is made in writing to the personnel department. Any employee
questioning the judgment of the management in regard to his qualifications shall
be entitled to a hearing under the provisions of the grievance procedure. It
is understood and agreed, however, that failure to file a grievance concerning this
matter within a reasonable time shall excuse the company from considering the
grievance as applying to the particular job in question.
103. Only Arbitrary or Discriminatory Determination o f Qualifications Subject
to Review
Whenever vacancies occur other than those resulting from actions listed in
section 3 in nonsupervisory jobs, and, where skill and ability are equal, seniority
shall govern the appointment to the vacancy. In such cases the company shall
have discretion in determining the relative skill and ability o f employees, and
only the exercise o f this discretion in an arbitrary, unjust or discriminatory
manner shall be subject to review under the grievance procedure.
104. When Seniority Is Disregarded in Promotion, Matter Subject to Arbitration
When an employee is transferred to higher skilled or higher paid jobs in the
same department which have a functional relationship, the transfer shall be made
upon the basis of seniority provided the employee is qualified and competent
to fill the position. Competency shall be considered a large factor. When such
transfers are made by management on grounds of qualification and competency
to perform the work required, without regard to seniority,. the union and the
employee or employees with higher seniority than the employee transferred shall
be entitled upon request to a statement of the reasons for disregarding seniority
and the matter shall be arbitrable.
105. Promotions {and Demotions) a Management Function, Subject to Review,
but Not to Arbitration
The making o f promotions and demotions (including promotional and demotional transfers) is strictly a function of management and the company reserves
the sole right in its discretion to make promotions and demotions. However,
for the purpose of presenting its views to the management the union shall have
the right to question any decision of the company in making promotions and de
motions through the grievance procedure up to but not including the fifth step
[arbitration]. There shall be no right of review of promotions or demotions
made to or from the management group.
106. Alternative Actions by Company When Promotion Is Challenged
It is the prerogative of the company in a case involving a dispute about pro
motion to leave the employee in his old job, to advance the employee to the pro
posed job, or to return the employee to the old job pending disposition of the
dispute and without prejudice to the employee’s rights under the seniority, griev
ance or arbitration provisions of articles VI and V III of this agreement.
PROMOTION, TRANSFER, AND ASSIGNM ENT
27
Promotion or Transfer Out o f Bargaining Unit
Even where seniority is applied in selecting employees for promo
tion, an employer is frequently given the right to make certain excep
tions. Particularly in the case of supervisory positions, the employer
is usually given free choice of candidates without regard to seniority,
either specifically or through the coverage clauses which generally
exclude supervisors from the terms of the agreement. However, some
agreements require management to give consideration to seniority in
filling vacancies among the supervisory force, or stipulate that present
employees shall receive preference over outsiders.
A n agreement may lay down certain restrictions on the employer’s
right to promote employees to jobs outside the bargaining unit, par
ticularly if union officials or representatives are involved. Union con
sent to such promotion may be required; or no such promotion may be
made until some time after the union official has completed his term
of office. A few agreements provide that an employee may not be
selected as a foreman without his consent or that his refusal to accept
a supervisory job will not be cause for discharge or transfer. Under
some agreements, the employer may not promote an employee to a job
outside the bargaining unit while the union has charges pending
against him.
To an increasing extent, agreements refer to the seniority status of
employees who are transferred back into the bargaining unit from
supervisory or other noncovered positions. Generally, while on a
supervisory job, a worker retains or accumulates seniority to be ap
plied upon retransfer to his old production job in the event of a lay
off or demotion. In some cases, limits are placed on the length of time
such employees may retain or accumulate seniority on their nonsupervisory jobs. (See forthcoming Bulletin 908-11 for clauses dealing
with seniority.)
MANAGEMENT GIVEN FULL DISCRETION
107. Management's Right To Promote or Transfer to Jobs Outside Bargaining
Unit. Union To Furnish Withdrawal Cards
Nothing in this contract shall interfere in any way with the discretion of the
company in shifting, transferring, or promoting employees to supervisory positions
or to clerical or other positions which are not covered by this contract. The
union shall furnish withdrawal cards to such employees upon their request
108. Selection at Company's Discretion—Not Subject to Seniority Provisions.
No Recourse to Grievance-Arbitration Procedure
Promotions of employees to jobs outside the bargaining unit (for example to
second hand), shall be at the sole discretion of management, shall not be re
stricted in any way by seniority, and shall not be the subject o f a grievance, dis
pute, or arbitration hereunder.
791529°— 48------5
28
COLLECTIVE BARGAINING PROVISIONS
109. Company May Select Supervisors From Any Source, Within or Outside the
Plant
Nothing herein shall be construed to interfere with the company’s right to>
select its supervisory employees from any source whatsoever, either from within
or without the plant.
110. Principle of Promotion to Supervision From Bargaining Unit; Company To
Discuss Appointment With Union
The company agrees to promote from within tha bargaining unit to the posi
tion of foreman or equivalent supervisor. Such promotions shall be made from
within the occupational group involved whenever practical and if a fully qualified
employee can be selected therefrom. However, where experience of the em
ployee to be promoted is considered by the company as being sufficient, occu
pational groups may be combined for this purpose. Before any such appoint
ment is made, the company will discuss the matter with the union.
111. Principle of Promotion to Supervision From Bargaining Unit; Union To
Furnish Withdrawal Cards
That it is the declared policy of the company to make promotions to foremen
and supervisory employees from the rank and file of the productive and mainte
nance personnel, whenever possible and practicable to do so, and in accordance
with and in furtherance of such policy, the union agrees in the future to allow
and permit any production or maintenance employee so promoted, upon receiving
an honorable withdrawal card from the union, to retain his seniority rights
intact as of the date of such promotion and in the event such a promoted em
ployee is transferred back to production or maintenance his or her seniority
shall accumulate.
SENIORITY CONSIDERED IN FILLING SUPERVISORY VACANCIES
112. Policy To Select From Ranks in Accordance With Seniority
It shall be the policy of the company to promote its own men in accordance
with seniority as defined in article VI (b) to flight engineer and supervisory
positions and only when competent employees cannot be found in the ranks or
when competent employees will not accept vacancies or new positions will it be
the disposition of the company to vary from this policy.
113. Selection Governed by Seniority, Providing Skill, Ability, and Leadership
Adequate
The company and union agree that all employees covered by this agree
ment are eligible to promotion to assistant foreman or foreman on the principle
o f seniority, provided the employee has the skill, ability, and leadership required
for positions.
114. Consideration to Senior Department Employee for Supervisory Vacancy
Should a vacancy for a supervisor occur in any department, the senior man in
that department shall be considered for promotion to that position.
115. Preference to Senior Department Employee Who Is Capable fo r Supervisory
Vacancy
When a position pertaining to supervision in any department is open, whereever possible an employee o f that department holding the oldest seniority and
being capable shall be given preference. Wherever a position for higher classi
fication is open it shall be posted and the oldest man capable to be promoted.
PROMOTION, TRANSFER, AND ASSIGNM ENT
29
116. Policy to Select from Ranks; Seniority, Fitness, and Ability Considered
Seniority shall not govern in the selection, promotion, or demotion of foremen,
assistant foremen, supervisors, and salaried employees. It will be the policy of
the company, however, to select supervisors from the ranks of the department,
as far as practicable, and in such selections seniority will be considered along
with fitness and ability.
117. Temporary Appointments Governed by Seniority, Provided Skill and Ability
Adequate
Any employee required temporarily to assume the responsibilities o f a fore
man, leadman, or another supervisory position, shall receive the appropriate rate
differential for the time so worked to equal the rate of the temporary position
undertaken. All such temporary appointments shall be based on seniority, pro
vided the employee has the skill and ability to do the temporary work.
118. Consideration to Present Employees fo r Foremen’s Jobs; Preference for
Gang Foremen’s Jobs
Employees in service will be considered for promotion to positions as foremen.
When vacancies occur in positions o f gang foremen, men from the respective
departments will have preference in promotion; seniority to be retained and
accumulated. When new jobs are created or vacancies occur, the oldest em
ployee in the point o f service in the department will be given preference in
filling such new job or vacancy, provided he has the skill and ability to handle it.
POSTING SUPERVISORY VACANCIES AND APPOINTMENTS
119. Foreman Vacancies Not Posted
All new jobs or vacancies shall be bulletined on a form provided by the com
pany, except vacancies for a foreman. Such bulletins shall be posted five work
ing days.
120. Foreman Vacancy Not Subject to General B id ; Senior Qualified Men in
District Considered for Job
Working foremen shall be considered as supervisory positions and appointed
by the company; however, the company agrees it will give every consideration
to the senior qualified men in the seniority district where the vacancy exists
but will not be required to post the working foremen’s position for general bid
provided for by the agreement.
121. Working Foremen Jobs Biddable; Special Consideration Given Qualifica
tions
Working foremen jobs shall be biddable, with special consideration given to
qualifications.
122. Supervisory Jobs P osted; Equal Consideration Given Union Members;
Senior Qualified Applicant Selected
All new positions and/or vacancies known to be of more than 60 days’ dura
tion covered by this agreement shall be bulletined by the manager as soon as
created, for a period of 5 days. Applications for positions advertised must be
in writing and in the hands of the manager on or before 12 m. of the fifth day
after bulletin has been issued. Equal consideration will be given to the members
o f the [union] in promoting or assigning employees to supervisory or other
positions considered in the line of promotion. The senior qualified employee
making application shall be assigned within 10 days of date vacancy known.
Successful applicant will be notified within 5 days.
N o te .—This
is a sole bargaining agreement.
30
COLLECTIVE BARGAINING PROVISIONS
123. Supervisory Vacancies Posted. Union May Recommend Applicants But
Management's Decision Is Not Arbitrable
When selections are to be made from within the classification of regular
employees covered by the agreement to fill vacancies in supervisory positions
(not including managerial positions), notices of such vacancies shall be posted
on the company’s official bulletin board at the office or station where the vacancy
in the supervisory position occurs, for a period of not less than 2 weeks and
employees interested may make application to the company in writing for
promotion.
During such period o f posting, the union may, at its discretion, make sugges
tions or recommendations regarding the filling of such vacancies as stipulated in
paragraph * * * above but the selection and appointment of any such
person to fill any vacancy in positions outside the scope of this agreement shall
rest solely and exclusively with the company and such selections and appoint
ments shall not be subject to arbitration between the company and the union.
124. Notice of Supervisory Appointments Posted on Bulletin Board
When the company appoints a foreman, assistant foreman, shift foreman or
group leader, a notice shall be posted at once on the bulletin board of the depart
ment affected.
SENIORITY OF EMPLOYEES TRANSFERRED BACK INTO BARGAINING UNIT
125. Seniority Frozen as of Promotion Date
Employees from within the bargaining unit who have been or are transferred
to a supervisory position and are subsequently returned to a job within the
bargaining unit, shall have such seniority as they had in the bargaining unit upon
their transfer to the supervisory position.
126. Seniority Cumulative for Employees Transferred to Bargaining Unit
When any employee is transferred from a supervisory or other position to a
job which is within the appropriate bargaining unit, he shall continue to have his
full accumulated seniority.
127. Seniority Cumulative fo r Employees Transferred From and Then Returned
to Bargaining Unit
Employees transferred or promoted outside the bargaining unit, and later
returned to the bargaining unit, shall retain and accumulate their seniority.
128. Six-Month Trial Period; if Disqualified, Regains Former Job Without
Seniority Loss
Any employee who is promoted from a position within the bargaining unit to a
supervisory position shall be allowed a reasonable time, not to exceed 6 months,
in which to establish his qualifications. If within such period he shall not have
satisfied the company as to his qualifications and ability, he shall be returned
to his former position without loss of seniority.
129. Seniority Cumulation Applies to Present Foremen Promoted from Bargaining
Unit
I f any employee with seniority in the bargaining unit is promoted to proba
tionary foreman, foreman, or to any other supervisory position, and is thereafter
transferred back into the bargaining unit, he shall accumulate seniority while
working in the supervisory position. When so transferred he shall commence
work as an hourly rated employee in line with his then seniority ranking an,d in
PROMOTION, TRANSFER, AND ASSIGNM ENT
31
accordance with the seniority provisions contained herein. All present foremen
and others holding supervisory positions who were promoted from factory opera
tions are acknowledged to qualify under the requirements of this paragraph.
PROMOTION OF UNION OFFICIALS TO JOBS OUTSIDE BARGAINING UNIT
130. No Top Union Official Promoted to Supervisory Position or Transferred
Without Consent of Union
Any employee who is serving as the president or the vice president of the
joint council of the union shall not be promoted to a position of a supervisory
nature or transferred to another department or location which would prevent
him from performing his union duties during his term of office without first obtain
ing the consent of the joint council of the union. The company shall give the
joint council o f the union written notice of the proposed promotion or transfer,
and the joint council shall conclusively be presumed to have consented, unless,
within 2 weeks after receipt of such notification, it advises the company by
letter, signed by its secretary, that it does not consent.
131. No Promotion to Supervisory Job Within 1 Year A fter Leaving Office
Without Union Consent
No union officer, chief steward, steward or committeeman dealing with the
company shall be promoted to a supervisory position for a period of 1 year after
leaving such office or be transferred during the life of this agreement without
the consent of the local union’s executive board.
132. No Promotion or Transfer of Union Official Affecting His Union Status
Without Union Consent
The company will not promote or transfer within the company a representa
tive of the union for a period of more than 6 weeks if it will affect his status as a
representative, without giving notice of its proposed action to the president of
the union and to the representative. If the union objects in writing within 2
weeks of the notification, the company will not make the promotion or transfer.
EMPLOYEE OPTION ON TRANSFERS OR PROMOTION OUTSIDE BARGAINING UNIT
133. No Transfers Outside Bargaining Unit Against Employee's Will
No employee shall be transferred out o f the bargaining unit against his will.
134. Promotion to Supervisor Only With Employee's Consent
Promotion to leadman or supervisor shall be made only with the consent of the
employee affected.
135. Refusal To Accept Supervisory Job Not Cause for Discharge or Transfer
Refusal of any employee to accept a gang boss or working foreman job shall
not be cause for discharge or transfer.
Trial Periods After Promotion
Under many agreements, a trial period is provided to determine
whether a senior employee is qualified to perform the job to which he
has been promoted. The trial may be for a fixed period or for a “ rea
sonable” time, and may be extended, either at management’s option or
by joint union-management approval.
32
COLLECTIVE BARGAINING PROVISIONS
I f it is determined that the promoted employee cannot perform the
work satisfactorily during the trial period, he is generally allowed to
return to his former job without loss of seniority or other rights and
the next senior person in line is given a trial. The employee may have
the right to decide, either during or at the end of the trial period,
whether he wishes to remain in the job or reclaim his old one. A fter
the promoted employee has passed the trial in his new job and retains
it, he usually forfeits all claim to his old job except where he is per
mitted to reclaim his old job in the event of a lay-off.
Some agreements lim it the number of times an employee may try to
qualify for a specific job or other jobs if he fails to qualify on his first
trial.
136. Six-Day Trial Period
When a vacancy occurs the employee having the highest plant seniority will
be given first consideration for transfer to the higher paid job, taking into con
sideration the employee’s experience and ability. In case of such transfers there
will be a 6-day trial period during which the employee must demonstrate his
ability to perform the work properly and shall receive top rate.
137. Bidder To Have 30 Days To Meet Job Standards
A regular employee bidding on a higher rated job must be fully qualified
for such job and so demonstrate his qualifications to the company before accept
ance. The bidder accepted will have 30 days to bring his quality and quantity
up to the established standards for the job.
138. Sixty-Day Trial Period; if Disqualified, Returns to Old Job Without Loss
of Seniority
When an employee is transferred he shall work a probationary period of 60 days.
If, after this period, he does not qualify, he shall be returned to the position he
originally held without loss of seniority. If, at the end of this period, he remains
in this position his seniority will be transferred to that department.
139. Ninety-Day Trial Period; if Disqualified, Returns to Old Job Without Loss
of Seniority
An employee who is promoted shall be given not more than a 90-day training
and qualifying period for determination as to. whether or not he can meet the
job requirements. I f it is decided he is not competent to perform the work o f
the new job classification, the employee will be transferred back to his former
job classification and shall have included in his seniority the time spent in the
higher job classification.
140. Trial Period From 1 to 6 Months.
Time During Trial Period
May Be Returned to Old Job at Any
A permanent employee who is promoted to a higher classification shall serve
a probationary period of from 1 to 6 months in the new assignment. At any
time during this probationary period the employee may be returned to his former
status because of lack o f ability or merit.
141. Trial Period Extended by Union-Management Agreement
When an employee is promoted from any grade to a higher grade, for the first
month, which is considered a probationary period, he shall receive the same wage
PROMOTION, TRANSFER, AND ASSIGNM ENT
33
as he was receiving before his promotion. When necessary to extend this period,
an extension must be agreed upon by the employer and the union.
After the probationary period if the employee is to be retained in his new
position, he shall receive not less than the minimum for the new grade.
I f the employee fails to qualify for the promotion, the employee shall return
to his former position and the emplpyer shall state the reasons why the employee
was not satisfactory. The employer reserves the sole right to determine if the
employee has satisfactorily passed the trial period.
142. Company May Require Oral, Written, or Performance Tests To Determine
Ability for Promotion. Determination Subject to Grievance Procedure
Employees desiring to qualify shall file application in writing with the com
pany. The following factors shall be considered and where factors (b) and
(c) are relatively equal, length of continuous service shall govern:
(a) Continuous service.
(b) Ability to perform work.
(c) Physical fitness.
The company reserves the right to conduct such tests as deemed necessary
either oral, written or by observation of the actual work to, be done in deter
mining the applicant’s ability to do the work.
After the company’s decision this provision shall be subject to the grievance
procedure.
143. Trial Period Allowed if Union and Company Disagree on Qualifications
The filling of vacancies shall be on the basis of seniority and qualifications.
The definition of qualifications is confined to experience, ability, and interest
which shall be determined by the company, but only after consultation with
the union. If the company and the union disagree on an employee’s qualifica
tions, the employee shall be given a fair trial period in which to qualify on
the job. This trial period shall not exceed 30 days and if an employee is re
tained on the job fo r more than 30 days, he shall not be dismissed for lack of
qualifications.
144. Senior Employee May Request Trial if Management Waives Seniority.
Management Decision Based on Trial Subject to Grievance Procedure
Whenever, in the judgment of management, it is necessary to depart from the
seniority rules because it is of the opinion that the senior man is incapable of
performing satisfactorily, it shall give him written notice to that effect and if
he insists that he can so perform and makes written request within 5 days
for a 30-day trial or probationary period to prove his ability to perform satis
factorily, such period for trial and proof shall be given to him unless an emer
gency creating a hazard to other employees or to the plant renders it unreasonable
to grant such trial period.
I f at the end of the trial period management again determines that the
employee cannot perform the duties satisfactorily and the employee insists he
has not been given a fair trial or was discriminated against contrary to these
rules, the question as to whether or not the employee has had a fair trial or
opportunity to demonstrate his ability may be made the subject o f a grievance
to be handled through the procedure prescribed for the settlement of disputes,
and if it is shown there is a reasonable prospect that if given another or ex
tended trial period, the employee may be able to demonstrate his ability to
perform to the satisfaction of management, another 30-day period for a fair
trial may be allowed, but at the end of that time the judgment of management
34
COLLECTIVE BARGAINING PROVISIONS
shall be final and not subject to be questioned. When the senior man is not,
in the judgment o f management, capable of performing the duties of a job satis
factorily, then the next man in order of seniority and capable o f doing so shall
be given the job.
The failure o f an employee to demonstrate his ability to perform to the
satisfaction o f management shall not prevent the employee from returning to
the job previously held by him and he shall not lose his seniority rights to promo
tion to some job which he is capable of performing.
145. Employer Sole Judge of Employee's Competence During Trial Period
In the event o f a promotion o f any employee, the first 30 days that said em
ployee occupies the new position shall be considered a probationary period.
At the end of said 30-day probationary period, the employee shall either be
retained in the new position or if he fails to qualify for said new position, he
shall be returned to his former status. The company shall be the sole judge
in determining if the employee has satisfactorily passed the probationary period.
146. Incompetence During Trial Period Determined "by Management and Union
Committee
Any employee accepted to fill a vacancy shall be on probation for a maximum
period o f 3 weeks, and if the employee is found to be incompetent at any time
during said probation period in the estimation of the plant manager and the
union committee, he shall be reinstated in his former occupation and another
selection shall be made in the same manner, and all persons affected by such
restoration to a former occupation shall also revert to their respective former
occupations.
147. Disqualified Employee Given Reason on Union Request
Promotions within departments to higher skilled or better paid jobs shall be
made on the basis of seniority and other necessary qualifications to perform
the job. Opportunities for advancement, new jobs and vacancies shall be posted
by the employer for a period of 5 working days and the employee with the highest
seniority and the necessary qualifications bidding for the advancement, new
job or vacancy shall have first trial. Any employee who is disqualified by the
employer before or after trial for advancement or the filling of vacancies or new
jobs for other than seniority reasons, shall upon demand by the union be given
such reasons in writing by the employer.
148. Employee Option To Return to Old Job During Trial Period
In all permanent transfers there shall be a trial period of 20 days, during
which period the employee may request his return to his old unit without loss
of seniority. Should an employee prove to be incompetent on the new job during
the above trial period the company shall transfer him back to his old job without
loss of seniority.
149. Maximum of Two Trials on One Job
An employee who is promoted shall be given a reasonable time, to be agreed
upon by the company and the union, in which to prove his ability to fill the
new job satisfactorily. If, at the end of such trial period, the employee shall
prove to be incapable of fulfilling the duties of the new position, he shall be
returned to his former position without loss of seniority. Upon the next occur
rence of a vacancy in the occupation for which an employee has failed to qualify
through trial, he shall be given another opportunity, if still entitled thereto by
seniority, but upon failing twice to qualify for the same job shall not be entitled
to a third opportunity.
PROMOTION, TRANSFER, AND ASSIGNMENT
35
JO B STATUS W HEN DISQUALIFIED DURING TRIAL PERIOD
150. Employee Restored to Old Job if H e Fails During Trial Period, A fter Dis
cussion With Union
The company will recognize the theory of seniority in all transfers and pro
motions and will give preference to the persons of the longest seniority, provid
ing, however, that such persons are capable of performing required work. The
employer shall have 1 month within which to determine whether the transferred
or promoted employee is capable of doing the new work. If the company should
find the employee unable to do the work, said employee shall be restored to his
prior position and prior rate of pay and seniority standing, after first discussing
this matter with the union.
151. Employee Failing During Trial Period Returned to Old Job, if Vacant, or
Other Job in Same Department
Employees promoted to positions, who within 30 days after promotion are
found to be unsuitable, will be returned to the position from which they were
promoted, if an opening exists, or transferred to another job within the same
nearest labor grade in the same department to which their ability and seniority
entitles them.
152. Employee Option of Former Job or Accepting Dismissal Pay if Disqualified
During Trial Period
If, during a 75-day trial period, the advanced employee is found to be unsatis
factory, he shall be returned to his former position at the rate o f pay received
prior to his advancement, plus any additional benefits that may have been
granted in that classification during his temporary assignment or be given the
option of accepting his severance pay.
Pay Rate on Promotion
Employees who receive a promotion may receive the higher rate
immediately or after they have proved themselves qualified during the
trial period. In agreements providing automatic wage progression
within labor grades or rate ranges, the employee may be specifically
protected against a cut in pay in cases where his rate at the time of
promotion exceeds the minimum of the rate range for the new job.
(See Bulletin 908-8, General W age Provisions, for clauses dealing
with rate of pay on transfer.)
153. On Promotion, Paid Base Rate of Higher Job Classification
When an employee is promoted to a higher rated job classification he will
receive not less than the base rate of such higher rated classification.
154. On Promotion, Given 10 Percent Raise or Minimum of New Rate Range,
Whichever Is Greater
Where an employee is promoted he shall receive a 10 percent increase or the
minimum of his new rate range, whichever is greater, provided, however, that in
no event shall the new rate exceed the maximum of the rate range of the new
position grade. However, it is agreed that grievances regarding correctional
increases shall not be submitted in connection with the application o f the 10
percent promotional increase plan.
155. Rate Increase on Promotion Related to Automatic Progression Schedule
When promoted to a higher job classification, an employee shall receive at
least the minimum o f the range o f the new classification, except in the instance
791529°— 48------ 6
36
COLLECTIVE BARGAINING PROVISIONS
o f those employees who are in the automatic progression stage who shall continue
their regular progression in relation to the promotional job and in no case shall lie
receive a reduction in rate.
156. Paid Rate of Job if Qualified by Reason of Past Performance; Otherwise,
Paid Rate of Job A fter Trial Period
When an employee is promoted to a higher rated job and is qualified by reason
of past performance, he shall receive the rate of pay for said job. If he is not
qualified, he shall have six working days within which to qualify on said job
and thereafter receive the higher rate of pay for said job, if qualified, and if he
fails to qualify said employee shall return to his old job without loss of seniority.
For working foremen the qualifying period shall be 90 days, but they shall receive
the working foreman rate after 6 days.
157. Rate Increase on Promotion of Previously Inexperienced Employees Paid m
Installments
In the event of permanent transfers or promotions, of previously inexperienced
employees, one-third o f any increased wage rate shall be paid immediately and
the balance shall be paid in two equal increases at 6-month intervals. Employees
temporarily transferred at the request o f the company to a position having a
higher rate shall receive immediately during the temporary position any increases
warranted by existing procedure. Employees temporarily transferred at the
request of the company to a position paying a louver rate shall retain their regu
lar rate as long as the type o f work they regularly perform is available. Should,
however, an employee be permanently transferred at his request, or due to
inefficiency, to a position with a reduced wage rate, he shall immediately be paid
the maximum rate for the new position provided he has been employed by the
company in any capacity for a sufficient length of time to warrant a maximum
rate.
158. Employee Paid Old Rate During Trial Period; Neid Rate When Deemed
Qualified
Promotions shall be based upon seniority, ability and qualifications being suf
ficient. If an employee accepts a promotion or transfer, he shall be given a
reasonable training and qualifying period of not to exceed 3 months to establish
that he can meet the job requirements and has the minimum basic mental, educa
tional and physical qualification which will permit the employee, with proper
training, to continue to advance within the line of promotion. During this train
ing period he shall receive his old rate of pay and on establishment of his fitness,
he shall receive the rate of pay o f the new classification. If at the end o f such
trial period the employee shall prove to be incapable of filling the new job or o f
advancing within the line of promotion, he shall be returned to his former position
without loss o f seniority.
159. On Promotion, Inexperienced Worker Paid Half Difference Between Old and
New Rates for 30 Days
When a regular employee with no experience is advanced to a job with a higher
classification rate, he shall that same day receive an increase of one-half the
difference between his current rate and the new job rate. I f at the end o f 30 days
the employee has become fully qualified for the job and is retained in it, he shall
receive the full job rate. If at any time during the 30-day period it becomes
apparent that the employee is not qualified for the job, then he shall go back to
his former job and rate, and another employee will be given an opportunity to
qualify for the job.
PROMOTION, TRANSFER, AND ASSIGNMENT
37
Transfer and Assignment
The word “transfer” has different meanings in different plants.
In some agreements, it is difficult to draw the line between a temporary
and a permanent transfer, but in others transfers lasting beyond a
specified time are considered permanent. Where the distinction is
made, there are usually different procedures for handling temporary
and permanent transfers.
Transfers of workers within a plant may be instigated by manage
ment or made at an employee’s request. For reasons of plant efficiency
and optimum utilization of personnel, employers generally take the
position that the right to transfer is an exclusive prerogative of man
agement, though it may give some weight to length of service.
The desire of employees to transfer arises out o f a variety of reasons.
A n employee may wish to transfer to or from a night shift, and some
union agreements grant transfer preference in accordance with senior
ity. H e may wish to transfer from one department to another— be
cause of better promotional opportunities, more regular employment,
or other personal reasons. Some agreements give preference in such
transfers on the basis of seniority or on the basis of a combination of
factors, including seniority.
Some agreements explicitly affirm management’s right to transfer
or to assign employees to work within the plant as a managerial pre
rogative; others set limitations on the exercise of such rights. Such
limitations may take the form of a requirement that transfer first be
discussed with the union, or, more strongly, that transfers be ap
proved by the union; that transfers be allowed only with an employee’s
consent; or that transfers be allowed at management’s discretion only
under certain specified circumstances. Other transfer restriction
clauses lim it the number of times an employee may be transferred
within a given period or provide that the union may initiate a griev
ance on transfers. A s in the case of transfers at an employee’s re
quest, seniority may be a factor in management-initiated transfers.
Still other agreements provide that the transfer must be without
prejudice to an employee, and must not involve loss of seniority or
lowered earnings. (See forthcoming Bulletin 908-11, for clauses on
the effect of transfer on an employee’s seniority status.)
Since an employer may have to make transfers for a short period to
break a production bottleneck or for other reasons, temporary trans
fers without loss of seniority status are frequently allowed. A time
lim it on such temporary transfers may be set, beyond which the trans
fer is considered permanent and the factor of seniority may enter both
as to the choice of the employee to be transferred and his seniority
status in both the old and new departments.
Seniority rules or other transfer provisions are often waived to per
mit the transfer of handicapped or superannuated employees who are
unable to remain in their old jobs, or of workers whose health or phys
38
COLLECTIVE BARGAINING PROVISIONS
ical condition make it advisable to relieve them of hazardous jobs or
occupations which involve mental or physical strain.
COMPANY RIGHT TO TRANSFER
160. Transfer Requests in Writing. Review of Company Action Excludes
Arbitration
Request for transfer from one department or group to another shall be submit
ted in writing through the foreman of the employment office. It shall contain
the reason for the request of the transfer. The granting of requests for trans
fer shall be made in the discretion of the company and with advice of the fore
men or assistant foremen affected.
The company reserves the right in its discretion to transfer employees from one
job or shift or department to another. In so doing it will consider length of
service. There shall be the right of appeal as to any transfer through the griev
ance procedure up to but not including the fifth step [arbitration].
161. Limitation on Employee's Right To Refuse Transfer; Transfer Defined
Transfers are understood to mean the removal of an employee from his job
classification for the purpose o f assignment to another job classification.
No employee may be transferred against his will except when conditions of
health or safety are involved or where such transfer is required to comply with
other sections of this agreement.
It is understood and agreed that nothing in this agreement shall be interpreted
to give any employee any right to refuse to perform any work that is normally
assigned to other employees in an equal or lower job classification group nor
does it give any employee any right to refuse to perform work which requires
moving to a work place or area different from the work place or area to which
he is assigned at present.
Transfers shall not result in a reduction in an employee’s salary unless the
transfer is made due to down-grading or is made at the request of the employee.
Employees transferred to a higher job classification group shall be paid not
less than the minimum of the salary range for that job classification group.
162. Company May Assign Work Without Regard to Employee's Usual Craft
Under Certain Circumstances. No Discipline if Unable To Perform New
Work
Notwithstanding any other provision of this agreement, the management may
assign to an employee in any craft work which is not normally performed by the
employees in such craft, wherever it is reasonable to do so and practical for the
purpose of efficient operations or necessary to eliminate stand-by time. An em
ployee shall accept any such work which shall be assigned to him and, if he shall
diligently and to the best of his ability endeavor to perform it, he shall not be
disciplined or laid off for his inability to perform such work outside his craft.
163. Company Right to Assign Employees, Subject to Seniority Provisions
The company shall have the sole and exclusive right to determine job classi
fications hereunder, and, subject to the seniority provisions herein contained, to
assign employees to such classifications, define the duties thereof, to determine
the number of employees needed in each such classification, and the hours of
work thereof.
164. Company Right To Transfer Except Where Seniority Jeopardized
It is agreed that the company will not enforce transfers that jeopardize the
employee’s seniority, but that otherwise transfers may be made by the company.
PROMOTION, TRANSFER, AND ASSIGNM ENT
39
165. Company Bight To Make Specified Transfers on 7 Days9Notice to Employee.
Junior Employee Selected for Transfer
The company has the right to transfer employees from one pay-roll location
to another and to determine the number of employees to be transferred, the oc
cupations and pay-roll locations involved, the qualifications required and which
employees have such qualifications.
Before transferring any employee from one pay-roll location to another or
from one occupation to another, the company will give such employee 7 days’
prior notice.
When an employee is to be transferred from an occupation in one pay-roll
location to the same occupation in another pay-roll location, the company shall
transfer the employee with the least service in the occupation in the pay-roll
location from which the transfer is to be made who, in the judgment of the
company, is qualified to fill the job and can be transferred without injuring the
company’s ability to render telephone service. At the option of the company,
such employee need not be transferred, if another qualified employee requests to
be transferred, or if the company offers the job to an employee other than the
one with the least service and such employee accepts the offer. Where more
than one qualified employee requests to be transferred, the company will select
the employee to be transferred. “ Service” as used herein, means service as de
fined in article * * *, section * * *.
166. No Transfer for Purpose of Reducing Wages
The company agrees that they will not transfer employees from one classi
fication to another for the purpose o f reducing wages.
SENIORITY IN TRANSFER
167. Seniority Governs Transfers Exceeding 1 Day
Employees may be temporarily transferred from one department to another
with no loss of seniority. Whenever a temporary transfer is to exceed 1 day,
it shall be made in accordance with seniority.
Should work be transferred from one department to another, employees trans
ferred with it shall carry their departmental seniority to the new department.
168. Seniority Sole Factor in Permanent Transfers for 75 Percent of Transfers
Each 8 Months
The temporary transfer of an employee shall not exceed 30 days except in those
cases where the temporarily transferred employee is replacing another employee
who is on leave.
In the case of permanent transfers, seniority shall be the sole determining
factor in 75 percent o f all such transfers within each 3-month period. The * * *
division shall be exempt from the provisions of this paragraph.
169. Transfers, on Written Employee Bequest, Made "by Seniority Where Qualifitions Are Equal
The company will maintain a record of employees other than probationary
employees who desire to transfer to another job, provided that they have a
satisfactory employment record and can demonstrate that they have the quali
fications and experience for the job for which they desire to register. Employees
desiring to register for such a transfer shall make such a request in writing with
the employment department who shall furnish the union with a copy. When
there is a job available, the company will give consideration to filling it with the
employees who are registered (beginning with the employees in the same depart
ment) taking into consideration the employees’ seniority, the date of their request,
40
COLLECTIVE BARGAINING PROVISIONS
their employment record, and their training, knowledge, and ability to do the job
in question. If two or more employees have equal qualifications to do the job,
seniority shall govern. An employee who has not made his written request for
the transfer at least 30 days prior to the time the job is filled, shall not be con
sidered unless he is the only registrant for such job. I f the employee is trans
ferred to another department, his transfer shall become permanent if, after a
period of 2 weeks, the company is satisfied with the employee’s work in the
department and the employee desires to remain therein. If the transferred
employee within the 2-week period does not do the work satisfactorily in the
opinion of the company, or if he elects to return to his former job, he shall be
returned to his original department, if it is operating and to his former job, if
that is in existence.
170. Notice Posted for Transfers Within Same Wage Spread.
mines Transfer Among Applicants
Seniority Deter
To promote the orderly transfer of employees to other jobs within the same
wage spread, the company shall post notice in the plant requesting employees
who wish to transfer from their jobs to other jobs which may become available
within the same wage spread. Employees desiring such transfers shall fill out
a form provided for this purpose by the company; thereby creating a pool of
available people who wish to transfer. Transfers shall be made on the basis of
seniority.
171. Specified Period for Requesting Transfers. Company and Union Review
Requests. Approved Transfers Made Within 2 Weeks
An employee may exercise his seniority and request transfer from on'e job to
another job during the first 7 days in the month of October, on forms provided
by the company. The company and bargaining committee will review the em
ployee’s seniority status and qualifications for the job requested and will grant
up to October 15 for those employees whose jobs have been taken to request
transfer to another job. These requests will be reviewed in the same manner
as the original requests. All approved transfers will be made by the company
between October 15 and October 31. When requests for transfers are made
into occupational groups, the request can be granted only against the youngest in
seniority in that group; however, when there is a difference in machines, request
can be made for the particular machine desired.
172. Shift Transfer on Seniority Basis
When a vacancy occurs on any shift in any operation, the employee with the
highest seniority on the same operation on any shift, desiring the transfer, shall
be transferred to fill the vacancy.
EMPLOYEE OR UNION CONSENT ON TRANSFER
173. Written Employee Consent for Permanent Transfer
No permanent transfer from one department to another shall be made except
with the consent of the employee involved, which shall be in writing.
174. No Compulsory Transfers Without Employee Consent Except in Emergency
Except in cases of emergency, no employees shall be transferred from one job
classification, department or city to another unless the employee affected is
agreeable to such transfer.
PROMOTION, TRANSFER, AND ASSIGNM ENT
41
175. Permanent Inter-Department Transfers on Agreement Between Company,
Employee, and TJnion
Any employee may be permanently transferred from one department to another
by mutual agreement between the company, the employee, and the union. It
is further understood that all permanent transfers shall be made in writing and
that any employees so transferred shall maintain their seniority in the depart
ment they were transferred from for a period of 4 months. At the end of this
time if they have turned out satisfactorily, all of their seniority shall prevail
in the department they were transferred to.
In the event that an employee requests a permanent transfer, and does not
turn out satisfactorily, they shall be returned to the department from which
they were transferred without the loss of any seniority.
176. No Permanent Transfer Without Notice to Union
No union employee shall be permanently transferred from one department to
another without notice to the union. Any employee so transferred who has been
in the company employ for 5 years or more shall not lose his seniority by reason
of such transfer.
177. Company to Notify Steward o f Transfers
No employees shall be transferred from one occupation to another, except with
the knowledge of the department steward.
178. Limitations on Permanent Transfers Specified
It is understood and agreed that the employer has the right to transfer or
promote employees to any position, occupation, shift or place where their services
are needed according to its own judgment. However, the employer agrees to
make no permanent transfer or promotion without having first discussed the
matter with the union. It is further agreed that no employee shall be forced
to make a permanent transfer where an employee with less seniority remains
in the seniority group. No employee shall be compelled to accept a lower paying
job. No employee shall be compelled to accept a transfer outside the bargaining
unit.
179. Transfers Require Consent of Union and Personnel Department
All transfers shall be made through and with the consent of the union committee
and the employer’s personnel department representative.
180. No Shift Transfer Without Employees Consent
It is mutually understood that the company at its discretion may temporarily
transfer any employee because of an existing emergency for a period not to exceed
five consecutive days. Such a transfer cannot involve a change of shift without
the employee’s consent. Under this type of transfer, made at company request,
the employee shall be paid the rate of pay which he would earn on his regular
work or the rate which he would earn on his temporary work—whichever is
higher.
TEMPORARY TRANSFERS
181. Seniority Waived for Temporary Transfers Up to 6 Days
Employees may at any time be transferred from one occupation or class of work
to another without regard to seniority for a period not to exceed 6 days, where
such transfers are necessary to maintain production schedules or in other emer
gency cases.
182. Seniority Disregarded for Emergency Transfers
In emergencies, for the purpose of loading or unloading, or for brief transfers
necessary on a day-to-day basis to insure normal operations of the various depart
42
COLLECTIVE BARGAINING PROVISIONS
ments, the company may disregard the provisions of seniority. Employees so
transferred shall be paid at the rate of their regular jobs, and shall be returned
to the regular jobs as soon as the emergency is over.
183. Senior Employee May Refuse Temporary Transfer
In the event it becomes necessary to transfer an employee from one occupation
to another for the convenience of management, it shall be optional with the senior
employees within the occupation to accept such temporary transfer and if senior
employees refuse to accept the transfer, the employees with least seniority will
be transferred. All employees temporarily transferred under this provision
shall be returned to their regular job within their occupation.
In the event the transfer exceeds 30 days, the employee will be returned to
his regular job upon his request.
184. Temporary Vacancies Offered to Spare Employees in Descending Older of
Seniority
EExcept for temporary vacancies of known duration, which shall be filled on the
first day of the vacancy in accordance with seniority in the manner described
below, temporary vacancies of more than 1 day shall be offered to the senior
spare employee of the department who is qualified and available to fill such
temporary vacancy. I f the senior spare employee declines the vacancy, it shall
be offered to the other qualified and available spare employees in the order of
their seniority standing. Should none of such spare employees wish the temporary
vacancy, then the company may require the one with lowest seniority standing
to fill the vacancy. Spare employees assigned to temporary vacancies shall be
considered regular employees until the job is filled by a regular employee except
that the spare hand during such period shall have the right to bid to any per
manent vacancy in accordance with section * * *.
185. Question as to Whether Transfer Is Permanent or Temporary Subject to
Grievance Procedure
Should any question arise as to whether or not a particular transfer is tem
porary or permanent, the matter may be treated as a grievance and taken up under
the grievance procedure herein outlined.
186. Seniority Accrues on Old Job While Employee Temporarily Transferred
When an employee is temporarily assigned, from the job classification in which
he is regularly employed, to other work, his seniority will continue to accrue in
his regular job classification while he is temporarily engaged in other duties.
SPECIAL TRANSFERS
187. Company Right To Transfer Employees for Reasons of Health
Company shall have the right to make transfers in the case of employees whose
health or physical condition makes it advisable to relieve them from duty in
occupations which are hazardous or which involve physical or mental strain, and
nothing in this agreement shall be construed to restrict or restrain company
in the exercise of such right.
188. When Job or Operation Moved Employee Allowed To Transfer With Job
When a job or operation is moved from one department to another in the plant,
and is not otherwise altered, the employee holding such job shall have the
privilege of transferring with the job, subject to the provisions o f this contract.
Chapter 2 . — Lay-Off, Work-Sharing, and Reemployment
Introduction
Few industries or trades are able to keep all their workers con
tinuously employed throughout a year or over a period of years. Many
are subject to seasonal slumps and practically all are affected by gen
eral business depressions. Shortages of raw materials or component
parts, transportation difficulties, style changes, technological improve
ments, etc., also may lead to reductions in the work force.
Most of these conditions are not susceptible to remedy by collective
bargaining, but a relatively few agreements provide for guaranteed
employment on an annual basis. Such provisions while in effect pro
hibit, or at least greatly restrict, lay-offs of the regular working force.
Where technological changes or prolonged depressions are the cause
of lay-offs, particular groups of workers may be permanently dis
placed ; collective bargaining usually can provide no solution for these
problems, although dismissal pay provisions may offer some temporary
assistance to the workers affected. Where the lay-off is of a temporary
nature, however, union agreements which specify the order of lay-off
and reemployment rights are clearly in the nature of safeguards to
individual workers.
In general, agreements meet the problem of short work in two
ways— by the lay-off of employees with the least amount of seniority
or by the division of work equally among all workers in a department
or plant. A combination method divides the work but also provides
for lay-off, if the work available does not give all workers a minimum
amount of working time.
In most agreements seniority is of considerable weight in determin
ing the order of lay-off. Thus, steady, full-tim e employment is pro
vided for veteran employees. Some agreements, however, also give
consideration to ability, fam ily status, place of residence, and other
factors, along with length of service.
The actual order o f lay-offs will depend not only on the above-men
tioned considerations, each with varied or equal weight, but also on
the type of seniority applicable to lay-offs, i. e., whether on a plant
basis, departmental, occupational, or some other form , and on whether
or not “bumping” is permitted. Bumping is the process by which an
employee whose job is discontinued may take over the job of another
791529°—48------ 7
43
COLLECTIVE BARGAINING PROVISIONS
44
employee with less seniority. The displaced worker may in turn take
over the job of some other employee with still lower seniority.
Workers naturally prefer not to regard a lay-off as a termination of
the employment relationship. Laid-off workers want assurances that
they will be considered for reemployment by their former employers
when more workers are needed. For this reason, agreements generally
provide that a worker who has been laid off retains his status as an
employee and has a preferential right to his job when it is to be filled
again.
The order of rehiring is usually the reverse o f the order o f lay-off.
Agreements often specify the manner in which recall notice must be
given and usually require employees to report to work promptly after
recall at the risk of forfeiting their rights to reemployment.
A s an alternative to lay-offs, some agreements require that avail
able work be distributed as equally as possible among all workers.
Many agreements first tackle the problem of distributing available
work through regulation or prohibition of overtime. Often work
sharing is combined with lay-offs, i. e., work is shared until hours per
week are reduced to a specified level, after which, if further curtail
ment is necessary, lay-offs are in order.
Union Consultation
Although the final determination of the necessity for and extent of
lay-offs is almost invariably considered a managerial prerogative,
agreements often require consultation with the unions involved prior
to lay-offs. Management may be required to confer on the methods and
procedures to be used and the details of operations. Such provisions
give a union an opportunity to propose methods of reducing the work
force with the minimum of hardship to individuals.
Whenever a reduction in operations becomes necessary, the question
of work-sharing through a reduction in hours versus lay-offs of excess
workers is often raised, and agreements sometimes require union-man
agement discussion of this question before any action is taken. In a
few instances, the union is given the right to challenge management’s
selection of employees for lay-off and to participate jointly in making
the selection.
1. Lay-Offs Discussed With Union in Advance
Prior to any lay-offs, the company agrees to discuss matters with the union.
2. Two W eeks9Advance Notice; Negotiation on Method of Lay-Off
I f any condition arises which reduces the work load to the extent that a gen
eral program of lay-offs or part-timing is necessary, the company agrees to notify
the union at least 2 weeks in advance of the effective date of any such program,
to advise the union o f the underlying reasons for the action before putting the
program into effect and to negotiate with the union concerning the best methods
of accomplishing the necessary reduction in man-hours of work.
LAY-OFF, W O RK -SH ARIN G , AND REEM PLOYM ENT
45
3. Joint Consultation on Manner and Program of Lay-Off
When decrease of force becomes necessary due to lack of work, both parties
shall meet and consult on the manner and program which shall govern the
lay-off with the objective o f reducing the workweek to the minimum number
o f hours consistent with reasonable operating efficiency so that the least number
employees are affected by the lay-off.
4. Mutual Agreement on Type o f Seniority Applicable to Lay-Off o f Specified
Groups
In the event o f a lay-off o f employees in labor grades 1, 2, and 3, the decision
as to whether such lay-off should be effected on the basis of shop-wide seniority
or company-wide seniority shall be subject to mutual agreement between the
company and the union, based on the effect it would have on production.
5. Joint Consultation on Factors Governing Order of Lay-Off
Plant-wide seniority shall govern all lay-offs and rehires made within the
unit. In all cases o f a general lay-off the management will consult with union
representatives concerning the seniority and other qualifications o f employees
before the general lay-off is to take effect.
6. Joint Consultation on Question of Work-Sharing Versus Lay-Off
In the event there is a lack of work in any department, excluding operators,
which necessitates either the reduction of work or the furloughing of employees,
or both, before either method is determined upon, the company agrees to confer
with the association for the purpose of determining which method will be used.
7. VniofirManagement Conference To Determine Whether Work-Sharing or
Lay-Offs Preferred by Employees
Should a reduction in operations be necessary in any department and/or craft
the union may request the company to discuss with it whether the men would
prefer a reduction in the number of hours worked by each employee per week
or a reduction in the working force by lay-offs from the seniority list according
to seniority standing.
8. Joint Review of Lay-Offs Made Out of Seniority Order
Whenever the company finds it necessary to make a selection for lay-off, re
hiring, promotion or the filling of a vacancy on any basis other than seniority,
the company agrees to review, before the selection is made, with the proper
union representative its reasons therefor.
9. Advance Notice to Union if Company Deviates From Seniority as Basis for
Lay-Off
The company will continue to give employees at least 24 hours’ notice in case
of lay-off due to a lack of work for indefinite periods of more than 1 week. If
the company considers that lack of ability and efficiency outweighs the seniority
o f any employee, the company will give the union at least 48 hours’ notice before
laying off such employee out of strict seniority standing.
10. Lay-Off and Recall Lists Submitted to Union in Advance; Time Limit on
Presentation of Grievance
In lay-offs from and recalls to employment, the company will give first con
sideration to seniority. In arranging lay-offs or recalls of employees with
seniority, the lists of lay-offs or persons to be recalled will be given to the shop
committee not less than three working days before the lay-off or recall is to
take place.
It is understood that there shall be no redress to the grievance procedure by
any employee or the union in connection with any lay-off or recall, unless a
46
COLLECTIVE BARGAINING PROVISIONS
grievance is presented to the company within three working days from receipt
by the union of the list o f lay-offs or persons to be recalled.
11. Joint Approval of Lay-Off L ist; Company Absolved of Error if Union Has
Given Approval
When lay-offs for extended periods are to be made, the list of employees to
be laid off will be reviewed with union representatives in advance and approved.
Questions arising from lay-offs arranged for in this manner shall be handled
through regular grievance procedure. If employees have been laid off in error,
and the mistake is mutual, no reimbursement will be made for the time lost.
12. Employer and Union Jointly Select Employees To Be Laid Off
I f business does not require the full working force, the principle o f equal
division of work is hereby recognized and is applied when feasible, provided,
however, that when the circumstances require that the working forces be
reduced, the employer and the union through its duly accredited representative,
shall have the right to select those employees to be laid off.
Advance Notice o f Lay-Offs
Employers are frequently required to give advance notice of lay
off to the employees involved, to the union, or to both. Such provi
sions enable an employee to make whatever preparations he can for
a period o f unemployment, and give the union a chance to make sug
gestions regarding the manner of lay-off. In addition, the union can
study the fairness o f the particular lay-off in terms of the seniority
status of the employees affected and make suggestions in accord with
the seniority provisions of the agreement. Grievances are thus mini
mized and assurance is given to all employees of fair treatment.
Employers sometimes object to notice requirements on the grounds
that there is likely to be a let-down in efficiency after the lay-off is
announced. Lay-offs are often difficult to foresee, because of such
factors as sudden cancellation of orders, shortages of raw materials,
etc. For this reason, the notice requirement may be waived when
impossible or impractical because of conditions beyond an employer’s
control.
W hile quite a number of agreements specify advance notice o f a
lay-off because of slack work, in most cases such notice period is lim
ited to only 2 or 3 days, and in some cases, 1 day. Longer periods o f
a week or even 2 weeks are usually found in agreements for small
plants, employing but a few workers.
In some cases, management may be required to give longer notice
to union officials. Another type clause provides shorter notice for a
brief lay-off o f 1 week or less and longer notice o f lay-offs of longer
duration. Some agreements specify that pay must be given in lieu of
notice, if the employer so desires, or if for reasons not beyond its
control, management fails to give adequate lay-off notice.
Another type of clause gives the union some check on the opera
tion o f the lay-off rules in addition to the bare notice o f impending
LAY-OFF, W ORK-SHARING, AND REEM PLOYM ENT
47
lay-off. Management is required to provide lay-off lists and other
pertinent information regarding the lay-off— post lay-off lists, notify
the union o f deviations from seniority in selecting employees for lay
off, etc.
Provision is sometimes made for exceptions to the notice require
ment. Notice may be waived if the lay-off is caused by conditions
beyond an employer’s control. Or the employer may be required only
to make an effort to give advance notice, without being definitely
obligated to do so. Some agreements also provide that employees
failing to perform their work efficiently after receipt of notice may be
laid off immediately.
13. Notice as Far in Advance as Possible
Notice of a lay-off will be given employees as far ahead as possible.
14. Three Days’ Lay-Off Notice to Union and Employees
The company shall give the union and the affected employees at least 3 days’
notice of all proposed lay-offs.
15. Three Days’ Notice Unless Lay-Off Caused by Conditions Beyond Employer’s
Control
Notice of lay-offs will be given those concerned at least 3 days in advance, unless
conditions beyond the company’s control prevail.
16. Employer to MaTce an Effort to Give 3 Days’ Notice
The company will make an effort to give 3 days’ notice before lay-offs are made.
17. One W eek’s Notice to Employees, Whenever Reasonably Possible
The company will epdeavor, whenever reasonably possible, to give employees
1 week’s notice before being laid off.
18. Notification on the Night Prior to Lay-Off
Employees must be notified of any lay-off the night previous to the day which
they are to be off whether it is a holiday or otherwise.
19. Seven-Day Notice to Employees with 1 Year’s Service
Any employee after accumulating 1 year’s service will be given at least a
7-day notice prior to lay-off.
20. One W eek’s Notice of Lay-Offs Involving More Than 25 Employees for 30
D ays; Notice of Other Lay-Offs Given as Soon as Possible
Employees and the union shall be notified 1 week in advance o f any lay-off
which is general enough to involve more than 25 employees for an anticipated
period of 30 days or more. The company will notify the union o f any impending
group lay-offs or of any individual lay-offs for more than 2 days, due to lack of
work, as soon as the company knows that such lay-offs will be necessary.
21. One W eek’s Notice to Union Prior to General Lay-Off
At least 1 week prior to any general lay-off o f employees in a department the
company will notify the union. In the case o f a permanent lay-off of employees
which is not a general lay-off, the company will notify the union prior to such
lay-off. Hie company will also meet with the union at the time of a general
lay-off to discuss any reduction in the number of hours per week.
48
COLLECTIVE BARGAINING PROVISIONS
22. Notice Graduated to Period of Lay-Off
In the case of temporary lay-offs, (a) if the lay-off is to be for 3 days, or less,
no notice is required, except that the company will inform the employees on the
working day before the lay-off period; (b) if the lay-off is to be for 4 days, 1 day’s
notice will be given; (c) if the lay-off is to be for 5 days, 2 days’ notice will be
given, and (d ) if the lay-off: is to be for 6 days or more, 3 days’ notice will be
given.
23. Advance Notice to Shop Committee Where Possible; Period Not Specified
The company agrees in cases of group lay-offs to notify the shop committee
in advance where possible.
24. Lay-Off Notice to Employees; Lay-Off List to Union
At the same time that notice of lay-off is given to employees a list of the
employees affected will also be given to the union.
25. Union and Employees Notified of Lay-Off Lonycr Than 2 W eeks; 3-Day Notice
to Union, 24 Hours to Employees. Lay-off greater than 2 weeks
Three working days prior to such a lay-off, the building steward of the plant
involved will be notified as to the approximate number of employees to be laid
off and other conditions pertaining to the lay-off. Employees shall be notified
at least 24 hours previous to their being laid off and, at the same time, the district
shop steward shall be given a complete list o f the names of employees to be laid
off in the occupational groups covered by his district.
26. Lay-Off Notice of 24 Hours to Employees, 48 Hours to Union
The company agrees to give at least 24 hours’ notice of any lay-off to the
employee concerned and 48 hours’ notice o f such lay-off to the union.
27. Names of Persons To Be Laid Off Posted for 3 Days
When a reduction o f forces or a reduction in hours is .necessary, the company
will post the names of the employees to be laid off 3 days, excluding Sundays and
holidays, prior to such reduction unless cancellations o f orders, changes in cus
tomers’ requirements, break-down, accidents, or other emergency makes such
notice impossible. A copy of the posted list of employees to be laid off will be
given to the local union at the time of the posting. Any question or grievance
arising from such reduction of forces or hours shall, if possible, be presented
within the three (3) day period of any such notice.
28. Notice Not Required for Temporary Lay-Offs Caused by Emergencies
It is understood that no notice shall be required if temporary lay-offs are nec
essary because of emergencies.
29. Immediate Lay-Off of Employees Failing To Perform Usual Duties During
Notice Period
The employer agrees to give notice of furloughs, said notice to be three working
days of the division or subdivision and said notice is to be longer where it is
possible for the employer to give longer notice. The union agrees that in the
event an employee upon receiving such notice fails to perform his or her custom
ary duties in the usual manner, the employer may after a reprimand cancel such
notice and immediately furlough such employee.
30. Notice Given Personally, by Posted Notice, or by Telephone or Telegram
In cases of indefinite lay-off the company shall give the employees and stewards
at least 24 hours’ notice. Such notice shall be given personally or by posted
notice or by telephone message at the telephone number listed by the employee
with the company, or by telegram sent to the last-known address o f the employee.
LAY-OFF, W O RK-SHARING, AND REEM PLOYM ENT
49
31. 'Notice Binding on Absent Employee
The company will give both the union and the employees involved 24 hours
advance notice in cases of indefinite lay-off or dismissal (except in cases o f dis
charge covered by paragraph 4 of this article X I ), and it will give advance notice
not later than 2 p. m. of the day preceding a temporary lay-off. In lieu of such
notice the company shall give the employee 8 hours’ pay at his straight time
rates in the former case, and 4 hours’ pay in the case of a temporary lay-off.
An employee’s absence from work at the time notification hereunder is given to
the group or department involved shall not destroy the effectiveness of such
notice as to him. A temporary lay-off is a lay-off for a limited fixed period of
2 weeks or less, or one for an indefinite period with the assurance that it will
not exceed 2 weeks. Every other type of lay-off shall be known as an indefinite
lay-off.
32. Notice to Include Estimated Duration of Lay-Off
In case of a lay-off, an advance notice of 5 days will be given employees when
ever it is possible to do so, but the company will in any event give as much
notice as possible, and whenever the length of the lay-off can be approximated
such information will also be given to employees.
33. Three Days' Notice or Pay in Lieu of Notice
When laying off employees, the company will make every effort to give at
least 3 days’ notice in advance o f such lay-off. When a senior employee is
laid off without having been given 3 days’ notice of lay-off, he shall be paid at
his attained day rate in lieu of work for that part of 3 days during which work was
not made available. This clause covers senior employees who are removed
from the active rolls of the company and put on the laid off list to be recalled
to work when work is available.
34. Forty Hours' Pay in Lieu of 1 Week's Notice to Permanent Employees
In case of lay-off for lack of work, all permanent employees so laid off to
be notified in writing 1 week in advance of lay-off, or in lieu o f such notice to
receive 1 week’s pay at straight time for 40 hours.
35. Twenty Hours' Pay in Lieu of 40 Hours' Notice
In the event of a lay-off, employees shall receive either 40 working hours’
notice o f intended lay-off or 20 hours’ pay in lieu thereof.
Order of Lay-Off
Practically all agreements have seniority rules specifying the order
in which lay-offs are to be made. Unions usually prefer that lay-offs
be made on the basis of strict seniority, i. e., length of service, those
with the least seniority being laid off first. However, in order to pre
serve the continuity of bargaining personnel, some agreements exempt
union officers, shop stewards, or grievance committeemen from lay
offs by placing them at the top of their respective seniority lists. A n
other modification of strict seniority in lay-off is the exemption of
employees regarded as “ exceptional” or “indispensable” by an em
ployer, although some agreements lim it the number of excepted em
ployees to a specified percentage of the working force or to certain
types of jobs or skilled occupations.
50
COLLECTIVE BARGAINING PROVISIONS
Length o f service is often considered in combination with other
factors in selecting employees for lay-offs. In some cases, it is given
equal weight with ability; in others, it is considered only if the ability
of the employees involved is relatively equal. Some provisions recog
nize seniority in lay-off provided the employee with greater seniority
is “qualified” to do the job. No means of determining ability is estab
lished except in some agreements which specifically permit the ques
tion to be referred to the grievance procedure.
Occasionally, such factors as the employee’s place of residence, citi
zenship, and number of dependents are given some weight, but usually
only after seniority and ability have been given first; consideration.
Probationary and temporary employees are generally laid off before
employees with seniority standing.
W here the order of lay-off is determined or influenced by seniority,
a basic consideration is the unit to which seniority is applied. In
plants with a wide variation in skill requirements for some or all of
the occupations, lay-offs are likely to be based on occupational or de
partmental seniority, or on total plant seniority applied to occupation
or department. I f occupations within the plant are fairly uniform,
lay-offs may be on a plant-wide basis, based only on total service with
the employer.
Some agreements differentiate between short-term lay-offs resulting
from seasonal slack and long-term lay-offs caused by severe business
fluctuations possibly involving permanent reductions in the working
force. Short-term or temporary lay-offs may be made on the basis o f
one type of seniority, such as departmental or group of departments,
while long-term lay-offs may be on the basis of some other type of
seniority, such as plant or company seniority. In some cases, seniority
is disregarded or modified for short-term lay-offs but is followed for
long-term dismissals.
A few agreements require that employees be paid for time lost i f
they are laid off prior to employees with less seniority.
36. Seniority Strictly Observed in Making Lay-Off
When a lay-off becomes necessary the seniority list shall be strictly observed,
and employees with the least seniority will be laid off first and employees with
the most seniority will be the first to be called to work.
37. Lay-Offs Based on Seniority if Efficiency is Not Impaired
In case of a reduction in the working force of the plant, employees shall be
laid off according to seniority, if such procedure does not interfere with the
efficiency of the department or plant; the last employee hired shall be the first laid
off, and in rehiring the last laid off shall be the first rehired. No new employee
shall be hired until all employees laid off during the period of the present agree
ment have been notified that work is available.
LAY-OFF, W ORK -SH ARING , AND REEMPLOYMENT
51
38. Lay-Offs Based on Seniority “ Wherever Reasonably Practicable?* (The union
may submit to arbitration lay-off cases involving deviation from seniority)
The necessity for lay-offs or reduction of staff shall be in the discretion of the
employer. In the case of lay-off or reduction of staff, the principle of seniority
shall be applied wherever reasonably practicable. If the union, within 10 days
after any lay-off or reduction of staff which was not made on a straight seniority
basis, shall notify the employer in writing that it questions such lay-off or reduc
tion of staff, then the union may submit such question to arbitration in accord
ance with the provisions of article X II hereof.
39. Lay-Offs on Basis of Plant-Wide Seniority
Any necessary reduction in personnel shall be made as follow s:
When any reduction in working force occurs, plant seniority shall govern.
The last man hired shall be the first laid off until the necessary amount is laid
off.
40. Lay-Offs on Basis of Plant-Wide Seniority and Ability To Do Job
In cases of lay-offs or rehiring, due to the decrease or increase o f the working
force, the principle of straight plant seniority shall be observed, provided the
senior man has the necessary experience and ability to perform the available
work.
41. Lay-Offs on Basis of Plant-Wide Seniority by Divisions (Probationary em
ployees are laid off and work is shared before employees with 1 year or
more of seniority are laid off)
The following, procedure shall be used in reducing the force for lay-offs to
exceed 2 weeks:
a. Probationary employees will be laid off first. Where practicable, the hours
of the workweek may be reduced before employees with 1 year or more seniority
are laid off.
b. Seniority* employees will then be laid off in the order of their respective plant
wide seniority by divisions.
42. Plant-Wide Seniority for Employees With $ Years* Service; Departmental
Seniority for Those With Less Service
In the case of an indefinite lay off or recall, plant wide seniority shall prevail
for employees with 3 years or more seniority; for those with less than 3 years o f
seniority, departmental seniority shall prevail.
43. Lay-Offs Based on Plant Seniority Applied to Job Glassifications
The employee with the lowest plant seniority in the classification within the
occupational group that is being curtailed will be laid off first, then the employee
with the next lowest plant seniority, etc.
44. Extended Lay-Offs on Basis of Company Seniority; Lay-Offs of Less Than 1
Month Made on Basis of Department Seniority
During temporary lay-offs (being such lay-offs as the company believes will
not extend for a period o f over 1 month), employees with the longest service in
each department (department seniority) shall be laid off last and rehired first.
During other lay-offs which the company believes may extend for a period of over 1
month, employees with the longest service with the company (company seniority)
shall be laid off last and rehired first.
52
COLLECTIVE BARGAINING PROVISIONS
45. Extended Lay-Offs Based on Plant-Wide Seniority; Temporary Lay-Offs on
Basis of Departmental or Divisional Seniority
A temporary lay-off shall be deemed a lay-off of 2 weeks. In the case of a
temporary lay-off, seniority shall be by departments or division, i. e., job groups,
as indicated on chart 1 attached.
Extended lay-offs shall be Lay-offs in excess o f 2 weeks. In the case of ex
tended lay-offs, seniority shall be plant-wide.
46. Temporary Lay-Offs "by Shop Seniority; Permanent Lay-Offs (over 4 weeks)
by Company Seniority
Temporary lay-offs shall be made according to shop-wide seniority in the clas
sification or classifications affected.
When such temporary lay-offs continue for four consecutive weeks, permanent
lay-offs shall be effected in those classifications on the basis of company-wide
seniority in order to eliminate the continuation of such temporary lay-offs.
Employees laid off on a permanent basis shall receive 3 days’ pay at the base rate
except for employees who shall have been in the service of the company for 5
;years or more, in which case 5 days’ pay will be given.
The expression ‘‘permanent lay-off” shall mean a period, from 4 weeks up to 1
year, during which an employee’s service is discontinued by the company for lack
of work. After 1 year the employee’s name will be removed from the seniority
list.
N ote.—Temporary lay-offs are based on shop-wide seniority in the classification
or classifications affected.
47. Departmental Seniority to Determine Order of Lay-Off (Employees subject
to lay-off may return to the department from which last transferred,
provided not more than a year has elapsed since the transfer)
Departmental seniority shall govern in the event of lay-off. The employees in
the department to be reduced who are subject to lay-off shall revert back to the
department from which last transferred on the basis of seniority accrued in that
department, provided such absence from that department does not exceed 1
year. If the absence has exceeded 1 year, the company and the union will
jointly discuss the employee’s qualifications and plant seniority, with the idea
of finding a place for him in some other department.
48. Departmental Seniority to Govern Lay-Offs (Employer reserves right to
select employees best suited for available jobs)
The union recognizes the fact that the employer conducts two separate fac
tory departments. Conditions beyond the employer’s control sometimes arise
where one department may be busy and the other slack, resulting in lay-offs in
one department where the other may be operating full time or better. The em
ployer agrees that whenever possible, available work will be divided among all
employees but as the character of operations are such that all employees are
not interchangeable between the two departments, the employer reserves the
right, and the union concedes such right, to select at any time employees for serv
ice in either department as may, in the employer’s opinion, be best suited for
the duties involved.
49. Seniority Disregarded in Lay-Off of 7 Days or Less
Where, as a result of lack of material, machine break-downs or other reasons,
temporary lay-offs become necessary, the individuals or individual employees
affected will be sent home or offered similar or other work, if available, without
regard to seniority. Temporary lay-offs are defined as those of seven or less
calendar days duration. When a temporary lay-off extends beyond 7 days,
seniority shall be invoked.
LAY-OFF, W O RK -SH ARIN G , AND REEMPLOYMENT
53
50. Seniority and Ability Considered in Determining Order of Lay-Off
When it is necessary to reduce the working forces in any department, consid
eration shall he given to the following factors:
Seniority, i. e., company seniority and departmental seniority as defined in
article 5 ( seniority).
Ability, i. e., individual employee’s skill and adaptability.
Seniority and ability shall be considered the most important factors and5
seniority shall govern except in those cases where there is an obvious difference
in ability of two or more employees affected sufficient to outweigh the difference
in seniority.
51. Lay-Offs by Seniority Subject to Considerations of Ability and Physical
Fitness
When it becomes necessary to reduce or increase forces, seniority as prescribed
by the seniority rules shall govern, ability and physical fitness being considered.
In the restoration of forces senior laid-off men will be given preference in reem
ployment, if available within 5 days, and shall be returned to their former position
if possible.
52. Physical Fitness and Competence Given First Consideration; Trial Period To
Prove Competency
In the event o f increase or decrease of personnel due to changes in methods of
operation or business conditions, length of continuous service shall prevail as
between employees physically fit and competent through knowledge, training,
skill and efficiency to perform the available work.
Senior employees shall be given a reasonable opportunity to prove his or her
competency.
Should the union consider the company’s decision on any question of competency
unreasonable, it shall become a matter for consideration as a grievance by the
representatives of the union and the company in the manner provided in this
agreement.
53. Seniority and Competency To Govern in Lay-Offs; Competency Defined
The company and the union accept the principle of seniority and agree that
ability and length of service with the company shall govern in case of lay-off or
rehiring. The rules of seniority shall prevail where the employee with ranking
seniority is competent. The word “ competent” shall and is interpreted to mean
and include ability to perform the available work and past performance in the
employ o f the company.
54. Seniority To Govern When Merit and Ability Equal
The employers and the union accept the principle of seniority in lay-offs and
rehiring and agree that, merit and ability being equal, length of continuous service
shall govern. This principle shall be applied by job classification.
55. Merit and Ability To Govern When Seniority Is Equal
In case of a lay-off when plant seniority is equal, merit and ability will be the
determining factors in deciding which employee will be retained.
56. Family Obligations the Determining Factor in Laying Off Junior Employees
When laying off junior employees, other conditions being equal, family obliga
tions will be the governing factor.
57. Ability and Skill Considered by Company and Union When Seniority Is Ap
proximately Equal
In the case of employees with approximately equal seniority, the order of lay-off,
rehire, promotion and transfer may be the subject of discussion between the
54
COLLECTIVE BARGAINING PROVISIONS
company and the union, with consideration being given to the ability and skill
of the employees involved. This paragraph is intended to apply only in the case
of employees of less than 1 year’s seniority, and in the case of employees o f more
than 1 year’s service, where the total of accumulated service is within plus or
minus 5 percent of each other.
58. Four Factors Considered in Selecting Employees for Lay-Off
When it is necessary to reduce the working forces in any department, con
sideration shall be given to the following factors:
Seniority, i. e., company seniority and departmental seniority as defined in
article 6 (seniority).
Ability, i. e., individual employee’s skill and adaptability.
Family status, i. e., whether married or single, number of dependents, etc.
Residence, i. e., whether or not employee lives in the community in which the
plant is located.
Seniority and ability shall be considered the most important factors and
seniority shall govern except in those cases where there is sufficient difference in
ability of two or more employees affected to outweigh the difference in seniority.
However, in fairness to each individual employee, family status and residence
shall be given consideration but will be determining factors only when neither
seniority nor ability predominates.
59. Inefficient Employees Laid Off First, Then Employees of Average or B etter
Efficiency According to Plant Seniority
In case the employer deems it necessary to make a curtailment in any type or
types of operations, those employees shall be laid off who are least efficient, as
may be determined by the production and hourly earnings records of the company.
Such records shall be those for the last two full time pay-roll periods (4 weeks)
preceding curtailment of such type of operations. From such records shall be de
termined the average efficiency of the employees on such type of operations, and
those who are below average shall be laid off on efficiency, the least efficient first.
All those who are average or better shall be deemed of equal efficiency, and shall
be laid off on plant seniority.
60. Alternative Lay-Off Procedure Based on Percent of Employees Affected in
Occupational Group
I f it should become necessary because of lack of work to reduce the working
force, the following procedure shall be followed, except that in the event the lay-off
affects less than 5 percent o f the employees in any occupational group, steps b
through f may be omitted provided that if 5 percent is less than one the number
shall be one.
(a) The company shall notify the union o f its reasons for the proposed lay-off
and discuss the procedure for lay-off.
(b) All work being performed by subcontractors shall be returned to the group
or department affected, if practicable.
(c) The scheduled workweek of the employees in the occupational group af
fected, if in excess of 40 hours, shall be reduced to the normal contractual work
week.
(d) All probationary and temporary employees and employees transferred
under the terms of article VIII, section 6, in the occupational group affected shall
be laid off first.
(e) The company and the union shall discuss the advisability o f reducing below
40 hours the regularly scheduled workweek and any such reduction shall be ne
gotiated between the company and the union.
LAY-OFF, W ORK -SH ARING , AND REEM PLOYM ENT
55
( f ) Employees will be transferred to occupational groups within the bargaining
unit where work requirements make such action possible, in accordance with their
seniority, provided that they accept and are qualified to perform the work.
(g) In the event that lay-offs are still required in the occupational group, em
ployees shall be laid off in the inverse order of seniority, provided that the re
maining employees accept and are qualified to perform the work at hand. Em
ployees promoted on trial in accordance with article IY, section 1, shall be re
turned to the occupational groups within which they had seniority before lay-off
took place. Employees retained in the occupational groups shall not have their
grades or salaries affected as a result of the work reassignment in the occupational
groups following the lay-off.
61. Three-Step Lay-Off Program ( ( 1) Temporary employees laid off, (2) Lay-off
up to maximum o f 5 days on basis of departmental seniority, (3) Lay-off
of more than 5 days on basis of plant-wide seniority)
In all cases of increase or decrease of forces, the following shall apply:
(1) All temporary employees shall be laid off first.
(2) Temporary lay-off of not to exceed five working days shall be made
according to departmental seniority.
(3) If lay-off continues more than five working days, then plant-wide seniority
shall apply. In such lay-offs seniority within own occupational classification
shall first be considered. After all rights within own occupational group are
exhausted seniority shall be applied plant-wide to other occupations, providing
employee is capable of performing duties of job bid in, and is agreeable to accept
ing working conditions and wages of such job.
62. Probationary Employees Laid Off Without Regard to Seniority
Lay-offs shall be made from the department on the basis of company seniority,
except in the case of probationary employees of less than 6 months’ seniority,
who may be laid off without regard to seniority.
63. Probationary Employees Laid Off Before Employees with Seniority Status
In the event of a lay-off all probationary employees shall be laid off before
any employees with seniority are laid off.
64. Casual, Seasonal, and Temporary Employees Laid Off Before Regular
Employees
All casual, seasonal, or temporary employees at identical tasks in the same
department, unit, office or subdivision, shall be laid off before any regular em
ployee is laid off.
65. Non-Union Employees Laid Off Before Union Members
In cases of lay-off o f union members, the relative efficiency of the employees
in the same department, unit, office or subdivision being equal, the principle of
seniority shall be applied and the union member with the shortest tenure of
employment shall be the first laid off. The employer shall be the sole judge
of the relative efficiency of such union members. All nonunion members, except
those exempted under the provision of article I-C 8 of this agreement, in the same
department, unit, office or subdivision shall be laid off before any union mem
bers shall be laid off. In all cases of lay-offs where the union members in the
same department, unit, office or subdivision are not laid off according to senior
ity, the employer shall first discuss the question of such lay-off with the union.
The employer’s decision after such discussion shall be final.3
3 A rticle I -C lists certain types o f employees, such as supervisors, who are not covered
by the agreement.
56
COLLECTIVE BARGAINING PROVISIONS
66. K ey Employees Retained Regardless o f Seniority (The number of such
employees may not exceed 5 percent of the plant seniority list)
In lay-offs from and recalls to employment the company will give first con
sideration to seniority. When seniority is deviated from, it shall be because of
definitely superior qualifications of the employees selected.
At each lay-off or recall following lay-off, the company may designate cer
tain individual employees whose services are required under the special circum
stances then existing. Such employees may be retained or recalled to service,
regardless of their seniority. The fact that an employee has been so designated
shall not affect his regular seniority standing and he shall resume the same as
soon as the special reasons in his case cease to exist. It is agreed that at no
time will the total number of employees designated under this section exceed
5 percent of the total plant-wide seniority list.
67. Exemptions fo r K ey Employees Not To Exceed 10 Percent of the Total Em
ployed in Each Department
“ Union” recognizes the need for “ exceptional employees,” who, for the pur
pose of this section, are defined as employees whose work, in the judgment of
management, is of exceptional value to “ company” , and they may be retained,
rehired, or promoted, irrespective of seniority; provided, the number of such
employees shall not exceed 10 percent of the number of employees in each
department.
68. Minimum Exemption o f One K ey Employee in Each Department
Employees whose work in the judgment of the management is essential to
the operation of the business and production, or who have received special train
ing or have exceptional ability, may be hired, retained or returned to work
notwithstanding the provisions of this article, except that such number o f em
ployees shall not exceed 5 percent of the total number of employees in any
department nor be less than one employee in any department.
69. Number of K ey Employees Exempted From Lay-Offs Equal to Number of
Union Officers Given Top Seniority
The company may, however, without regard to seniority, retain or recall,
because of exceptional ability or because of their being key men in the judgment
of the company, a number of employees equal to the number of employees enjoy
ing top seniority under paragraph 8 o f section A o f this article.4
70. List of K ey Employees Exempted from Lay-Off to Include Minimum- Number
of Union Representatives
The management will, as the occasion arises, prepare a separate list of em
ployees who should be retained or recalled to work in order to facilitate tooling
or rearrangement of the plant, the taking of inventory and the starting of produc
tion and similar situations. In the selection of this list, length of service shall be
secondary to other qualifications, but should be given reasonable consideration.
Members of the union shop committee and at least 25 chief stewards shall be
included in this special list. The chief steward of each department shall have
the privilege of reviewing this list with the foreman and making recommenda
tions in connection therewith.
71. Joint Discussion of Exemptions Requested by Company or Union
When because of lack of work it becomes necessary to reduce employment,
those workers who were last employed shall be first released. When thereafter
4 P aragraph 8 grants top seniority, fo r purposes o f lay-off and recall, to union officers
and shop stewards.
LAY-OFF, W O RK-SHARING, AND REEM PLOYM ENT
57
reemployment takes place the employees who were last released shall be first
reemployed and no new workers engaged unless the list of former employees is
exhausted. Should the company or the union wish special consideration given a
worker, which would be an exception to this rule, this shall be taken up in con
ference with the company and the shop committee.
72. Deviations from Lay-Off and Rehire Procedure by Joint Agreement
Whenever the efficient operation of the company’s business might otherwise
be impaired, the grievance committee and the personnel office may agree to
departures in the reducing-working-force and lay-off procedures set forth in this
agreement.
Employees shall be reinstated in accordance with their seniority on a bargain
ing unit basis.
Whenever the efficient operation of the company’s business might otherwise
be impaired, the grievance committee and the personnel office may agree to
departures in the reinstatement procedure set forth in paragraph (54) of this
agreement.
73. Union Officers Last To Be Laid Off From Their Departments
Should there be a reduction in force, then employees who are the president,
vice president, financial secretary, recording secretary, treasurer, and chief
stewards of the union, shall be continued at work as long as there is a job in
their own department, in job classifications covered by this agreement, which
the officers or chief stewards are qualified to perform. In any such case, the
employee whose work the officer or chief steward is qualified to perform shall
replace an employee of less seniority, except that employees who have returned
from military service shall not be so replaced for a period of 1 year following
their return to company employment. The union shall inform the company in
writing of the names of these 5 officers and 14 chief stewards.
74. Top Plant Seniority in Lay-Offs for Shop Committeemen and Top Seniority
in UnAt for Stewards, Provided They Have a Minimum of 6 Months*
Service
All members of the shop committee during their term of office, shall in connection
with lay-off from and recall to employment, head the plant-wide seniority list,
provided that they have a minimum of 6 months’ employment with the company.
At the termination of their services as members of the shop committee, they shall be
returned to their proper place on the seniority list of their unit.
All divisional stewards during their term of office, shall, in connection with
lay-off from and recall to employment, head the seniority list, except for shop
committeemen, o f the unit in which they are employed to the extent which that
unit is contained in the geographical portion of the plant which they serve as
divisional stewards; provided, however, that all such divisional stewards shall
have a minimum of 6 months* employment with the company. Upon termination
of their duties as stewards, or when it becomes necessary to transfer them to a
portion of the plant which is outside their jurisdiction as divisional stewards,
they shall be returned to their proper seniority standing.
All departmental stewards, during their term of office shall, in connection with
lay-off from and recall to employment, head the seniority list, except for shop
committeemen and divisional stewards, of that group of employees in which
they are employed and serve as stewards to the extent which that unit is con
tained in the geographical portion of the plant which they serve as departmental
stewards; provided, however, that all such departmental stewards shall have
a minimum of 6 months’ employment with the company. Upon termination of
their duties as departmental stewards, or when it becomes necessary to transfer
COLLECTIVE BARGAINING PROVISIONS
58
them to a portion of the plant which is outside their jurisdiction as depart
mental stewards, they shall be returned to their proper seniority standing.
In connection with all of the foregoing paragraphs of this section, it is under
stood and agreed that no member of the shop committee or any steward shall
exercise this special seniority status unless he is qualified to perform the work
o f the employee he replaces.
75. Top Plant Seniority for Union Officers and Committeemen, Top Department
Seniority for Stewards (No minimum service requirements but reasonable
productivity to be maintained)
The employment of local officers, grievance committeemen and stewards as
listed in appendix 0 attached hereto shall remain in effect during the scheduled
workweeks of the department or group o f departments as listed in appendix
B attached hereto, in which they work, regardless of seniority as long as such
department or group o f departments is in operation.
Local officers and grievance committeemen shall, in case of an extended shut
down o f their department or group of departments, be transferred to other
departments or group o f departments and their employment shall remain in
effect as long as the plants are in operation regardless of seniority.
Any o f the local officers, grievance committeemen, and stewards referred to
in the above two paragraphs shall have sufficient knowledge, training, ability,
skill, efficiency, and physical fitness as to maintain reasonable productivity.
76. Top Seniority for Stewards Provided in Top 25 Percent of Seniority Group
The elected shop steward of a department shall receive top seniority, providing
he is selected from the upper 25 percent of his seniority group.
77. Pay for Time Lost When Employee Deliberately Laid Off Without Regard
to His Seniority
When the personnel of any department is increased or reduced and the
seniority of any employee is ignored, the employee shall be paid for the time
lost, either because he was laid off before the junior employees in the depart
ment or because he was not recalled to work before the junior employees o f
the department, when the shop committee can prove that the act was deliberate
on the part of the foreman or superintendent.
78. Limitation on Employer Liability for Lay-Off Out of Turn
The above interpretation of the lay-off procedure necessitates considerable
detail and clerical w ork; therefore, it is agreed that if an error occurs and an
employee is erroneously displaced the company will be financially liable for only
60 days prior to the filing of his written grievance. The company will also be
financially liable for any employee who is erroneously displaced from the time
that his written grievance is filed.
Bumping and Transfers to A void Lay-Offs
W here lay-off is on an occupational or departmental basis, employees
with relatively great seniority may be laid off in slack departments,
while workers with shorter plant or company service may be kept on
in other occupations or departments. To afford greater security to
senior employees under such conditions, some agreements permit them
to “ bump” or displace workers in other job classifications or depart
ments with less plant-wide service. Displaced employees in turn bump
LAY-OFF, W ORK -SH ARING , AND REEM PLOYM ENT
59
their juniors in plant seniority and so on down the line until workers
with the least seniority are laid off.
Bumping is feasible only within a range of jobs which are fairly
interchangeable, and some agreements prohibit the practice altogether.
In practice, therefore, bumping is usually permitted only when the
bumping employee can meet the normal requirements of job perform
ance and can attain fu ll efficiency within a relatively short time and
in a manner befitting his seniority claim. In some cases, the time
period is a trial period. Most agreements which permit bumping
place some limitation on the exercise of such a right. Some go so far
as to confine bumping to departments or occupations in which the
employee had previously worked. Others limit bumping rights to
employees with relatively long service, such as 5 years. Another
type of limitation requires that a bumping employee must have a
specified amount of service credit— 6 months or 1 year— greater than
that of the one displaced. In some instances, employees on certain
jobs may be exempted from bumping.
More common than bumping provisions are those which require only
that the employer transfer to existing vacancies in other classifications
or departments employees who would otherwise be laid off. Usually,
o f course, such transfers are made only if employees are qualified or
competent to perform the job. A s in the case of bumping, a trial
period may be granted such workers in which to demonstrate their
competence. One agreement provides for a system of job tests by
which employees can establish qualifications for a number of jobs,
so that in a period of lay-offs senior workers may be assigned to
other related jobs.
79. Bumping on Basis of Plant Seniority
The employer agrees that employees whose jobs are abolished, or closed
down temporarily, due to slack in operation or other considerations, may exer
cise their plant seniority to displace employees with less plant seniority in
jobs which they are qualified to perform.
80. Bumping Area Broadened To Include Entire Plant (Bumping is restricted
to “rating units” prior to plant-wide bumping)
Length o f service shall be credited on a plant-wide basis. The seniority
rating sheet is to govern all lay-offs. The employee having the lowest rating
in his rating group shall be the first to be laid off. In the event employees are
to be laid off, the steward shall be notified in the department concerned before
such lay-offs are made. Employees who are transferred to another department
shall carry their plant service with them to be applied to their seniority rating
sheet. The new department shall not become the resident department of such
an employee until he has served one continuous year of employment in that
department. After an employee has been away from a department for one
full year he shall lose residence in the department.
A “ rating group” is a combination of operations, jobs, or departments where
the nature of the work is so similar or the versatility of the employees is such
60
COLLECTIVE BARGAINING PROVISIONS
that the lay-off o f any employees from the group will not seriously interfere
with production demands. A “ rating unit” is a combination of the rating groups
within which an employee’s versatility is credited. The number of rating groups
in a rating unit may be as few as one or may include all the groups in several
departments.
Any regular employee who becomes subject to lay-off in his rating group has
the right to transfer to another rating group subject to the following conditions:
1. If he has satisfactorily performed another job in another rating group
within his rating unit he shall have the right to transfer to such a group pro
viding any employee in such a group has a seniority rating sheet total lower
than his.
2. I f he has failed to gain residence in his current department, but retains
residence in another department, he shall have the right to transfer to any group
in which he has satisfactorily performed a job in his resident department pro
viding any employee in such a group has a seniority rating sheet total lower
than his.
3. I f he has attained more than 1 year of plant service, but has no resident
department, he shall have the right to transfer into any rating group in which
he has satisfactorily performed a job in any department providing that he can
still perform such job satisfactorily and providing also that any employee in
such a group has less service credit than he.
I f his lay-off can not be avoided by the provisions o f section (d) above, he
shall have the opportunity to transfer to another job in any department subject
to the following conditions:
1. As long as probationers remain: He shall displace a probationer at the
direction of management if he is qualified to perform the job. Otherwise he
shall be laid off.
2. When no employees having less than 6 months of plant service remain on
the pay roll all employees having less than 1 year of plant service shall then
be treated as probationers for the purpose of lay off, and displacement. Such
employees having more than 6 months of plant service shall in the event of lay
off remain eligible for reemployment consideration on the same basis as regular
employees.
When no employees remain who have less than 1 year of plant service, a
plant lay-off bracket shall be established comprised o f regular employees having
less than 18 months of plant service. Employees in this lay-off bracket will
become subject to lay-off in accordance with the seniority rating sheet but will
become subject to displacement in the order o f their plant service credit. Any
regular employee (not in the lay-off bracket) who becomes subject to lay-off
shall have the right to displace the shortest service employee in the lay-off
bracket whose job he may be qualified to perform in the judgment of management.
When there is no employee in the lay-off bracket whose job he may be qualified
to perform such an employee shall be laid off in accordance with the seniority
rating sheet.
81. Interclassification Bumping on Basis of Ability and Seniority
Those employees who are laid off out o f their classification shall be entitled
to bump into any classification within the plant, where they have the qualifica
tions, demonstrated ability and seniority to do the work.
82. Bumping on Basis of Job Classifications and Department Seniority
I f the number of employees in any classification in any operating department
is reduced, the employees in such classification who are affected by such reduction
shall, in the order o f their departmental seniority status at the time of such
LAY-OFF, W ORK -SH ARING , AND REEM PLOYM ENT
61
reduction, be entitled to preference for a job in the next lower classification over
the employees in the such next lower classification regardless of departmental
seniority, and the employees in such next lower classification who are forced
out of such classification shall be entitled to a similar preference in the still
lower classification. After such reductions have become effective in accordance
with the previous sentence, departmental seniority shall determine the status
of the employee in each classification.
I f the number of employees in any classification in any craft department is
reduced, the employees affected by such reduction shall take their places in the
next lower classification on the basis of their departmental seniority, and if
there is no employee in such lower classification with less departmental seniority
then they shall take their places in the still lower classification on the same
basis, provided that craftsmen who have been hired as such for a period of
maintenance and construction above normal shall be laid off from their depart
ment in the order of their classification seniority when the work for which they
were hired is finished.
I f an employee is about to be laid off in any department, he may claim any
seniority he has in any classification in any other department and shall take
his place in such classification on the basis of his seniority in that department,
but, if there are no employees in any classification in any other department with
less departmental seniority, he may then claim a job in the yard on the basis
of plant seniority, and, if he does so, the yard employee with the least plant
seniority may be laid off.
83. Transfer From Skilled to Unskilled Available Jobs (Bumping after 1 week
lay-off to unskilled jobs. No bumping into exempt jobs)
So long as work within a given department or unit is available in unskilled
jobs, employees in semiskilled or skilled jobs shall be demoted to unskilled jobs
before being laid off.
An employee with one or more years’ plant service who is laid off may,
within a 1-week waiting period, replace the newest unskilled employee in the
plant. Other special arrangements concerning “ bumping” may be made, if de
sired, by the company and the local union at each plant.
Employees in jobs classified as exempt jobs shall not be replaced by employees
from other departments, but may be laid off if work in their own jobs decreases.
Classification of exempt jobs shall be made by agreement at each plant. Such
employees, when laid off, shall be eligible to replace employees in other depart
ments in accordance with provisions of the above paragraph.
84. Bumping Into Labor Department on Basis of General Seniority
There shall be clearly established, for the purpose o f providing as nearly yearround employment as possible for keymen and employees with greater number
of years of service, a labor department. This shall consist of general mainte
nance work and repair work, and subh special types of work as may be needed
and all employees not classified who work in the labor department at the base
rate. When production is decreased, or stopped in any one department, the
workers shall have the right to descend into this labor department on the
basis of their general seniority.
85. Procedure for Bumping in Occupational Groups
Skilled.—These employees may displace junior employees in the skilled group
provided they are qualified to do the job.
Semiskilled.—The semiskilled job families have been arranged with the job
classification listed vertically in the order of the skill required, with the job
required, with the job requiring the greatest skill at the top of the list. Bumping
62
COLLECTIVE BARGAINING PROVISIONS
within a job family, therefore, will be in a downward direction as outlined on the
job family chart.
Employees in the skilled or semiskilled job families may bump into any of
the job classifications in the unskilled group in line with their seniority.
Unskilled.—Employees in this group may bump into any other classification in
the group in line with their seniority.
Some jobs require that certain special conditions be satisfied in order to
qualify, such as—Army tests, blood tests, and aircraft and engine licenses. Ob
viously in such situations the employee must satisfy all job requirements.
86. Employee Permitted To Bump Into Another Occupational Glassification in
Which H e Has 1 Year’s Service
In making lay-offs the company will use its best efforts to transfer an employee
laid off in his occupational classification to another job for which he is qualified,
if such job is then available. An employee who is laid off in his occupational
classification, and who has at least 1 year’s service in another occupational
classification, shall be transferred to such other classification to replace an
employee therein with less service in such classification.
8T. Past Experience on Joh and Merit Rating Govern Bumping Rights
Where reduction and/or displacements are necessary on an operation, the
lowest rated employees on that job having the least seniority shall be removed
in reverse sequence.
(a) An employee so displaced can then move into any job on which personnel
records show that he has had at least 3 months’ experience, provided he has
greater seniority, and equal or better merit rating for that job than the lowestrated employee having the least seniority on such job.
(b) Should this employee be unable to displace any operator on jobs whereon
he has the required previous experience, the company shall determine, using the
factors stipulated in section 1 of this article, what other job he can move into
provided he has greater seniority than the lowest-rated employee having the least
seniority on such job. Employee so moved shall retain his placement right on
the job to which he is moved by seniority until the next merit rating shall estab
lish his true rating placement on that job.
(c) I f the operator selected to be transferred under this procedure refuses the
job offered him as above, he sacrifices his seniority rights.
88. Bumping Permitted Provided Employee Qualified To Perform Job
In the event of a lay-off any employee who shall be about to be laid off in his
department and who shall have seniority over any other employee working in
another department and shall be competent to perform the duties o f such other
employee with less seniority, the employee with greater seniority shall be trans
ferred to such other department to replace the employee with less seniority.
89. Bumping Allowed if “ Qualified” (Employee is qualified if he has satisfac
torily completed trial period in job, or if job is listed on company’s
schedule as related to job in which he has completed trial period, or if
he has passed test for job)
“ Job qualification” means the qualification set forth in the written specification
for a particular job as specified in the company’s “code of jobs.”
“ Job test” means the standard test established by the company and applied in
cooperation with the union for determining an employee’s qualifications for a
particular job.
“ Qualified employee” means an employee who is shown by the qualification
register to be qualified for the particular job under consideration, provided, how
LAY-OFF, W ORK-SHARING, AND REEM PLOYM ENT
63
ever, that until such date as may be fixed by mutual agreement between the
company and the union (when job tests have been established for all jobs and
employees desiring to take job tests have been afforded a reasonable time within
which to do so) the term “ qualified employee” shall mean an employee who is
possessed of the requisite qualifications for the job under consideration, as such
qualifications are specified in the company’s “ Code of Jobs.”
“ Schedule of related jobs” means a schedule to be prepared by the company and
approved by the union showing in column 1 each job covered by this agreement
and in column 2, opposite each such job, all other jobs for which an employee
would be qualified if he satisfactorily completed a trial period in the job set forth
in column 1.
Qualification register.—The company shall designate a registrar who shall be
responsible for the keeping of a qualification register in which there shall be
recorded the name of each employee having seniority rights and a list o f all jobs
which he or she is qualified to fill. Each employee shall be entitled to have in
cluded in the list of jobs for which he is qualified any job—
(a) in which he has satisfactorily completed a trial period,
(b) which is set forth in column 2 of the “ schedule o f related jobs” oppo
site any job listed under (a) above, and
(c) for which he has been tested and upon such test found qualified.
The business manager o f the union shall have access to the qualification register
to check any claims or allegations in connection with promotions, demotions, lay
offs, or recalls. Any employee may obtain from the registrar a list of the jobs
for which he is shown qualified by the qualification register.
Job testing.—Any employee (including a laid-off employee) desiring to have
the qualification register show his qualifications for a particular job may at any
time apply to the company’s director of labor relations for the taking of the
qualifying test for such job, and the company shall give such test as promptly
following such application as its facilities will reasonably permit. If any em
ployee satisfactorily passes such test the job shall be listed in the register as one
of the jobs for which such employee is qualified. Standard tests, as now or
hereafter established, for determining the ability of an employee to meet job
qualifications shall be used in such testing. Notwithstanding the qualifications
of any employee for a job, he shall be subject to demotion if he fails for a period
o f 4 weeks to perform the minimum production requirements for his job.
Demotions and lay-offs.—When the working force is to be reduced or the work
on any job is suspended or terminated, employees having the highest seniority
shall be retained in their jobs to the extent such jobs are available. Employees
who, because of lower seniority, are displaced from their jobs, as a result of
such reduction in work or suspension, or termination of jobs, may replace em
ployees having lesser seniority and employed in jobs in the same or lower wage
groups for which they are qualified. An employee displaced from his job pur
suant to this section shall not, by virtue of his seniority, be entitled to claim any
particular job or any job in a wage group higher than that from which he was
displaced. Any employee who is displaced from his job by the operation of the
provisions of this section, whose seniority is less than that of any employee hold
ing or placed in a job in the same or a lower wage group from which he was
displaced, shall be laid off. No employee shall displace another employee by
reason of seniority unless he has himself been displaced.
90. Previous Experience Required for Bumping Into Shilled Classification
However, no employee shall have the right to bump into a skilled classification
unless he can show he has had previous experience which would qualify him
for the job. Such proof may be shown in his employment record with the com
64
COLLECTIVE BARGAINING PROVISIONS
pany or with any other company, his experience in the armed forces or special
technical or vocational training.
91. Qualifications for Bumping Into Skilled and Unskilled Jobs Differentiated
In a section department where a reduction of force has become necessary,
the following moves will be made simultaneously:
An employee displaced by abolishment of his job shall be transferred to the
job of an employee in the same department, with lower seniority, or if there is
no such person, then to the job of a junior employee in any other department
(preferably the department in which the displaced employee formerly worked),
provided always that the senior employee—
(a ) In the case of either a skilled job or a job which required training and
experience, has the skill, experience, and physical qualifications necessary to
perform the work efficiently, or
(b) In the case of an unskilled job, he can reasonably be expected to perform
the work efficiently promptly after transfer.
92. Trial Period To Determine Ability To Perform Job Claimed by Bumping
The question of whether employees affected by a lay-off who have plant-wide
seniority possess the necessary qualifications to replace the least serviced employee
shall he determined by a trial period as described herein.
This trial period shall consist of 5 days during which time the employee shall
demonstrate his ability to perform the work as determined by his capacity to
earn not less than 80 percent of the average earnings of regular employees occupied
in the same work and that within a reasonable length of time thereafter he attains
the average rate for the job.
If any employee is unsuccessful in demonstrating his ability through such a
trial period he shall not be entitled to another trial on the same job during the
current lay-off.
In the case of day work jobs, the question of whether the employee during the
trial period has demonstrated his ability satisfactorily shall be determined by the
company, subject to review through the grievance procedure.
93. Bumping Permitted Only if Employee Cam Immediately Demonstrate His
Competency
tn the case of lay-off and the laid off employee desires to bump another employee
with less seniority, he can do so only if he can immediately demonstrate his com
petency and ability to perform the desired job to the satisfaction of management.
94. Bumping Employee Must Make Base Rate by Third Day To Hold Job
When one employee replaces another by exercise of his seniority, he shall be
required to make the base rate on or before 3 days on such job in order to retain
the job.
95. Employee May Exercise Bumping Rights Three Times in Seeking Job for
Which H e Can Qualify (This applies only to employees of a department
which is entirely closed out)
When a department is entirely closed out, a piece worker in that department
may exercise shop-wide seniority by claiming the job of the piece worker with
the least seniority in the entire plant, and a day worker likewise may claim the
job of the day worker with the least seniority in the entire plant. In each case,
if unable to perform the job after a fair trial, he may claim the job o f the next
youngest employee. He may, if necessary, displace three workers in this manner,
but if unable to perform the work of any of the three, he shall lose his seniority.
l a y - o ff, w o r k - s h a r in g , a n d
reem ploym ent
65
96. Bumping Prohibited
The exercising of seniority to displace junior employees which practice is
usually termed “ rolling” or “humping” will not be permitted.
97. Bumping Not Permitted Unless Difference in Seniority Is at Least 6 Months
Should it become necessary to lay off employees due to lack o f work, such
employees shall be laid off in accordance with the seniority provisions o f this
agreement. When an employee with 6 months or more of seniority is about to
be laid off, the employee shall be given an opportunity to replace an employee
in another department who has less accumulated service, provided that * * *
he has seniority of at least 6 months more than the seniority of the employee to
be replaced.
98. Bumping Rights Limited to Employees With at Least 5 Years’ Service
If an employee having five or more years of service is notified that he is to be
laid off * * ♦, the company will prior to such lay-off offer employment in
some other job classification covered by this agreement within the same depart
ment over employees who have less than 5 years of service provided the employee
is qualified and the job classification is not higher than any in which the employee
has seniority. If, in a job classification which the employee being laid off is
qualified to fill, there is more than one employee with less than 5 years of service,
the employee to be displaced will be the one with the least service.
99. Bumping Rights of Employees With 5 Years’ Service More Restricted Thorn
Those of 10-Year Employees
If, due to a reduction in working forces, or as a result of an adjustment of
hours in any department, an employee is to be demoted, seniority shall be con
sidered, and whether this shall be departmental or company seniority shall be
determined locally for each plant by the local plant management and the local
union, but if an employee is to be laid off, company seniority shall be considered.
In the case of a reduction in working forces, an employee with more than 5
years’ continuous service who is thus scheduled to be laid off shall be given an
opportunity to be transferred to such other department within the bargaining
unit as may be decided upon by the company, and, if transferred, shall displace
that employee then working in such other department who has the least con
tinuous service, all provided that any employee so to be displaced has less than
2 years’ continuous service. For an employee to be so transferred he must have
sufficient qualifications for the work in the new department. He will be placed
on a job in the lowest classification in that new department even though the
employee to be displaced may then be holding a higher classified job. Under
the same conditions as described above, an employee with more than 10 years’
continuous service may displace an employee who has less than 4 years’ con
tinuous service.
100. Five-Year Men Can Bump Those With Less Than 3 Years’ Service Within
Same Occupational Ch'oup
“Bumping” only occurs within an occupational group and then is limited to
the case where any employee with less than 3 years’ plant seniority may be
“ bumped” by another employee within the same occupational group who has
five or more years’ plant seniority and who has been laid off for lack o f work.
101. Seniority Employees May Bump Nonseniority Employees
Employees who are laid off and who have established seniority will be per
mitted upon request to the employment manager to displace employees in other
departments who have not established seniority, provided they can perform
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COLLECTIVE BARGAINING PROVISIONS
the work. Preference will be given to the senior employee making such request
on the day such request is made.
102. Time Limit on Exercise of Bumping Rights
When forces are reduced or positions are abolished, employees whose positions
are discontinued will be given at least 36 hours’ advance notice and must exer
cise their seniority rights over junior employees within 5 days (working days
not calendar days), from date of discontinuance, and those failing to do so will
forfeit those rights, but will be employed so far as possible in accordance with
their seniority on any extra or substitute work, provided that when an employee
on vacation loses his job through reduction of force or by the abolition of his
position, he shall be allowed 36 hours upon his return to bid on a new job, during
which time the pay shall not be discontinued, but he may be used on temporary
work.
103. Interdepartmental Transfer To Avert Lay-Offs
When lay-offs occur in departments, employees will revert to plant seniority
and shall have preference in filling of vacancies or newly created positions in
other departments after proving competency.
At no time will an employee lose seniority in his old department by claiming
work in another department, due to his lay-off.
104. Transfer if Employee Qualified
So far as is reasonably practicable, in the judgment of the company, the com
pany will transfer employees who would otherwise be laid off to work in an
other group, provided they can do the work if given a reasonable opportunity.
105. Return to Original Position When Work Becomes Available
Any employee scheduled for lay-off shall be given preference o f employment
in any vacancy in other departments, if he is available (length o f service with
company to govern), and shall upon restoration of forces in his regular depart
ment be returned to his original position.
106. Policy of Training Employees for More Than One Job in Order to Facilitate
Transfer
The employer and the union acknowledge the desirability of training employees
to perform more than one job, to permit efficient operations when temporary peak
requirements occur in certain departments, and to stabilize employment so far as
possible when slack operations require lay-offs in one department and increases in
another department. Whenever practicable, employees shall be transferred to
another department during slack periods rather than have the work shared.
107. No Reduction in Wages of Senioi' Employees Transferred to Other Work
During Lay-Offs
When a reduction in personnel becomes necessary in any department, senior
employees in that department shall be retained and no employee shall be required
to submit to any reduction in wages, regardless of the operation he is required
to perform within his respective departments.
108. Base Rate Guaranteed for 5 Days A fter Transfer To Avoid Lay-Off
When a recession o f business indicates that an employee must be laid off and
when work is offered in lieu of lay-off, the employee shall receive the rate which
applies to any job on which he works. In the event of a temporary transfer under
such circumstances, the man’s regular base rate will be maintained for five full
working days.
LAY-OFF, W ORK -SH AKIN G, AND REEM PLOYM ENT
67
109. Transferred or Bumping Employee Receives Rate of Job Taken in Line With
Seniority
When it becomes necessary for the company to lay off an employee because o f
lack of work or abolition of his job, or to recall employees after a lay-off, the
employees so laid off or recalled shall exercise their seniority rights within their
plant on a job they are qualified to do, and shall have choice of shifts or depart
ments, provided the job held previous to lay-off was not available. In the event
an employee’s job is abolished and the employee exercises his seniority within
his plant, he shall take the job to which he is entitled at the rate of such job.
Work-Sharing
In some industries, particularly those which suffer fairly regular
seasonal declines, available work is distributed as equally as possible
among all the workers during slack seasons, either through reducing
the number of hours per week (the more common practice) or by
rotating the regular workers, usually on a week-on week-off basis.
W ork-sharing plans have the effect of deferring lay-offs, or of pre
venting lay-offs altogether i f the slack period is of short duration.
Some agreements permit a choice between work-sharing or lay-off.
The decision may rest with the employer, sometimes with the consent
of the union.
W ork-sharing enables an employer to maintain a complete staff and
provide, in some cases, a more efficient production than if workers with
specialized skills are laid off altogether on a strict seniority basis.
Another advantage is that former employees do not have to be hunted
up and called back when needed. Some employers oppose strict work
sharing programs on the ground that a working force, including ineffi
cient and marginal employees, would be “ f rozen.” Management would
be prevented from selecting from among the most efficient workers a
reduced working force during the period of curtailed operations.
Share-the-work plans are advantageous to employees with relatively
little seniority because they do not carry the entire burden of unem
ployment, as in the case of lay-off according to seniority. On the other
hand, if the amount of work to be shared is small in relation to the
number of workers, or if work-sharing is in effect over a long period
of time, the earnings of the entire force are greatly reduced, some
times even below a subsistence wage.
Some agreements, therefore, provide for a combination o f work
sharing with lay-off. Under one such type of arrangement, seniority
is applied first by dropping probationary, temporary, or short-serv
ice employees and then dividing the work among the remaining em
ployees. Under a second method, work is shared down to a certain
point, but, if further curtailment is necessary, surplus workers are
then laid off on the basis of seniority. A third method is a combina
tion of the first two— dropping temporary or short-service employees,
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COLLECTIVE BARGAINING PROVISIONS
then limited sharing of work, and finally, lay-off in accordance with
seniority. The questions of when lay-offs are to begin after work
sharing has been in effect for some time and the method of lay-off are
sometimes left to subsequent negotiations.
A basic consideration in applying any work-sharing plan is the num
ber of workers among whom the available work is to be spread.
W ork is usually shared on a departmental or occupational basis, less
frequently on a plant-wide basis. A number of agreements which
provide for work-sharing merely state that when a reduction in op
erations is necessary, work will be divided equally “ as far as possible”
or if “ feasible.” Other agreements lim it the work-sharing to “ regu
lar employees” or to those with more than a specified length of serv
ice or, in some cases, to union members in good standing. Provisions
of this type help to stabilize employment for longer-service employees,
but tend to nullify the principle of work-sharing if carried to the
point where a considerable proportion of the shorter-service em
ployees are laid off.
A number of agreements itemize the steps to be followed in restor
ing forces after temporary or partial lay-offs. Often work must be in
creased to 40 hours (the normal workweek) before laid-off employees
can be recalled.
110. Equal Division of Work at All Times
There shall be equal distribution of work among all the workers of the shop at
all times. The shop force is not to be reduced at any time on account of lack of
work, but whatever work there is shall be equally divided among the workers
during the slack, as well as season time.
111. W ork Shared as Equally as Possible
In the event the employers should not have enough work to keep all their em
ployees working full time, then such work as may be available shall be equally
divided among the employees, as far as is practicable.
112. Work-Sharing During Slack Season
During the slack season, work shall be divided as equally as possible.
113. Equal Division of Work by Rotation (Rotation period not to exceed 1 week)
During the dull season, if it becomes necessary, employees may be laid off im
partially and in rotation. No one shall be laid off for longer than 1 week nor
less than 1 day at a time. All extra and permit card help must be discharged
before any regular union member can be laid off.
114. Union-Management Cooperation in Dividing Work Equally
It is the agreed intention of both parties to this agreement to bring about equal
division of work in the dull seasons among all the workers in the various crafts, as
far as it is practicable. The employers pledge their full cooperation in this re
spect.
115. Work Shared Among Union Members
During slack periods, if any, when there is insufficient work to give full em
ployment to all of the employees of any plant, the work shall be divided as equally
LAY-OFF, W O RK -SH ARING , AND REEM PLOYM ENT
69
as practicable among all members of the union in good standing performing
similar operations in the plant.
The company shall continue to use every reasonable effort to assure con
tinuity of employment to the employees in the plants covered by this agree
ment.
116. Prohibition of Discrimination in Work-Sharing
It is agreed that in slack periods work shall be divided equally among all the
workers in the various departments, the division of work to be based on earn
ings. In the division of work there shall be no discrimination against any
worker, either as to quality or quantity.
117. Work-Sharing on Departmental Basis
The firm agrees to divide all available work in any department as equally
as possible during all times when such equal division of work shall not interfere
with the general productive efficiency of such department.
118. Work Divided Among Permanent Employees on Departmental Basis
The principle of equal division of work is hereby recognized, and in dull periods
of the year work shall be divided as far as in the opinion of the company is
practicable among all-permanent employees in their respective departments.
119. Work-Sharing on Shop-Wide Basis
At such times as the employer shall be unable to supply his workers with
full time work, the available work in the shop shall be divided as equally as
possible among all the workers who are competent to do the work. Workers
may be divided into shifts and alternated.
120. Work Distributed Equally Over 30-Day Periods (Inequities in distribution
appearing in one period are corrected during the following period)
During slack periods, work shall be so divided that each employee shall receive
during each 30-day period an equal share of the available work. Equitable
distribution of work shall be made upon the basis o f hours worked as to time
workers and money earned as to piece workers. In the event that it appears
after the end of such 30-day period that the available work has not been dis
tributed as herein contemplated, the inequity in distribution shall be corrected
within the following 30-day period, the intention of the parties being that such
inequity shall be corrected as soon after discovery thereof as possible. In the
application of this provision due recognition shall be given to the problems
o f the employers in the conduct o f their business.
121. Employees Without Seniority Standing Laid Off Before Work Shared
When the work available in any department is not sufficient to provide a
40-hour workweek for all employees in the department, the company shall lay
off the employees who have no seniority standing in the department. If the
work available in the department then is not sufficient to provide a 40-hour
workweek for all employees who have seniority standing in the department, then,
the company shall reduce the workweek to a minimum of 32 hours a week. If
the work available in the department then is not sufficient to produce a 32-hour
workweek for all employees who have seniority standing in the department, the
company shall reduce the working forces in the department to the point where
the remaining employees will get 32 hours o f work each week.
122. Employees With Less Than 2 Years' Service Laid Off Before Work Shared
Employees with less than 2 years* service shall be laid off before workweek
if a division is reduced below 40 hours, after which the workweek shall be
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COLLECTIVE BARGAINING PROVISIONS
reduced as necessary. In the event of an emergency condition, the company
and union may negotiate otherwise.
123. Work Shared Among Employees With More Than 1 Year’s Service (Lay-offs
or weekly rotation of work may be instituted if employees average less
than 3 days’ work per week)
When the volume of work in any operation or department diminishes in such
a manner that full time operation of employees is no longer possible, the avail
able work insofar as its nature permits shall be equally divided among em
ployees having more than 1 year of continuous service, in that operation or
department by reduction of hours or rotation of work. I f after such equal
distribuiton of available work it is indicated that the employees will receive
less than three regular days’ work for an indefinite period, lay-offs will begin
according to seniority in the operation or department in order that the remaining
employees shall receive such minimum number of days work each week. How
ever, arrangements may be entered into by mutual consent wherein employees
may work on alternate weeks on a “ week-about” basis.
124. No Lay-Off Until Period of Work-Sharing Exceeds 3 Weeks
Until periods of reduced listing have exceeded 3 weeks in duration, all regular
employees shall continue to work on an equitable work-sharing basis and no
general reduction in force shall be made by the company.
125. Lay-Offs To Maintain 40-Hour Workweek (Further reductions to two-shift
basis and to 32-hour workweek)
When time is being lost due to lack of work, the working time available on
any type of job shall be equally distributed among all those in the department
able to work. If, despite an equal division of time, the number of hours of work
received by these employees shall become less than forty (40) hours per week,
a sufficient number of employees shall be laid off to maintain the 40-hour average
for the other employees. Should a lack of work cause a reduction o f operations
to that of two shifts per day, then all employees remaining on these two shifts
shall be reduced to 32 hours per week of work before additional employees are
laid off. Employees shall be laid off in accordance with the seniority rules set
forth above.
126. No Lay-Off o f Regular Employees Until Workweek Is Reduced to 32 Hours
Whenever work slows down in the factory, the hours may be reduced to 32
hours per week in any department before any regular employees shall be laid
off. If the work shall continue to slow down, seniority shall then apply.
127. No Lay-Offs Until Workweek Falls Below 30 Hours for a Period of 2 Weeks
When it becomes necessary to reduce the working force because of low pro
duction, reductions of force will not be made in a department affected until
working hours have been reduced to less than 30 hours per week for a period of
2 weeks. Employees will not be recalled until the hours of work in the department
affected have reached a minimum of 30 hours per week for 4 consecutive weeks.
In the event it is necessary to bring back employees to get required production
before said 4 weeks expire, the hours will not be shared below 30 hours per week
for the balance of any 4-week period dated back to the first week o f the reduced
hours. Holidays or shut-down periods will not be used in computing hours as
outlined in this paragraph.
128. Work-Sharing for 60-Day Period, Followed by Sufficient Lay-Offs To Main
tain 32-Hour Week
When available work in a given department falls below 40 hours per week
employees shall share all such available work for a period of 60 calendar days,
LAY-OFF, W O RK -SH ARING , AND REEMPLOYMENT
71
after which, if work does not improve, employees with the least seniority as
above provided shall be gradually laid off to a point where remaining employees
o f the department in question shall average 32 hours per week, and in the
process of lay-offs, to maintain this average of 32 hours per week, employees hav
ing 10 years or more of continuous service with the company shall share alike all
available work of the department in question.
129. Forty-Hour Week Restored by Lay-Offs if Workweek Falls Below 32 Hours
for Six Consecutive Weeks
It is agreed that when the average hours per employee on any job or opera
tion falls below an average of 32 hours per week for six consecutive weeks, the
company, on request of the union, will lay off in accordance with the seniority
provisions herein provided, such number of employees as may be necessary to
maintain the average hours of work for those retained in employment at 40
hours per week.
130. Four-Step Work-Sharing, Lay-Off Program ( ( 1 ) Employees without senior
ity rating share work and (2) are laid off; (3) Employees with seniority
share work and (4) are laid off)
There shall be as far as possible equal distribution of work hours among hourly
paid employees of each subdivision who have acquired seniority. This equal
distribution shall be averaged over monthly periods (except in a few instances
where it will be necessary to average over a longer period than 1 month). Over
time shall be considered independently of short time and shall be distributed as
equally as possible to all, including those who have not as yet earned seniority.
Lists of employees working overtime, showing the amount o f such overtime,
shall be made available to union representatives upon request.
Only employees who have not earned seniority rating shall first share work
as nearly equal as possible down to 32 hours per week when schedules are re
duced. The conditions set forth in section (d) shall first apply to those who
have not earned seniority. Subsequent steps in furlough procedure will be made
simultaneously as work schedules make such procedure necessary.
A further reduction in work hours shall result in furlough o f employees who
have not earned seniority.
After employees who have not earned seniority have been furloughed, all others
shall share the work as closely as possible down to a basis of 32 hours per week
per hourly paid employee for a period not exceeding 12 weeks accumulative in
any one calendar year or for a period not exceeding nine continuous weeks.
After any period of sharing the work for nine continuous weeks, an employee
shall not be eligible for further sharing the work until there has been a lapse
of nine additional weeks.
I f sufficient work to provide 32 hours of work per week, the hourly paid or
piece-work employees shall be furloughed according to seniority. This shall
mean junior employees in seniority rating shall be the first furloughed.
I f there is an increase in work schedules within a period of 4 weeks from
the time o f furlough, such furloughed employees shall be recalled and be en
titled to further share the work for the balance of the 12 weeks as provided.
After the 4-week period, the balance then employed shall be allowed to return
to the 40-hour basis as production requires. Following this, furloughed em
ployees shall be recalled at a rate to maintain the 40-hour basis for the entire
department.
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COLLECTIVE BARGAINING PROVISIONS
131. Four-Step Program ( ( 1 ) Lay-off of probationary employees, (2) Lay-off
of employees with less than 1 year's seniority, (3) Work-sharing, and
(4) Lay-off according to seniority)
The following procedure shall be followed in the respective two seniority di
visions provided for in this agreement.
(a) The regular workweek shall consist of 40 hours, before the following
procedure is effective.
(b ) All probationary employees shall be laid off first and their names removed
from the pay roll.
(c ) Thereafter, all hourly rated employees having less than 1 year's seniority
shall be released, their names removed from the pay roll, but they shall retain
their seniority, except as provided in section 4 hereof.
(d ) Thereafter, the workweek shall be reduced to a minimum of 32 hours
per week, it being understood that this practice may be operated by departments.
Where job classifications and/or requirements are common to more than one de
partment, several departments are to be classified as a unit for the purposes of
this subsection. The procedure outlined above may be altered if mutually agreed
upon by the company and the union. The company agrees that affected em
ployees will, whenever possible, be transferred to other departments.
(e) Thereafter, employees in the order of their seniority shall be released and
their names removed from the pay roll, but they shall retain their seniority, ex
cept as provided in section 4 hereof, those with the least seniority being released
first
When conditions warrant an increase in employment after a lay-off, as herein
before set forth, hours of work shall first be increased to normal hours per week
before additional employees are returned to work in accordance with their
seniority.
132. Three-Step Program ( ( 1 ) Lay-off of employees without seniority rights,
(2) Work sharing, (3) Lay-off of other employees according to seniority)
The company and the union agree to the principle o f sharing the work, which
shall be adhered to as in the past wherever practical, and when it becomes nec
essary to reduce employment, every effort will be made to transfer employees
from slack to busier departments when practical.
When lay-offs become necessary within the bargaining unit the following factors
shall be considered:
(1) Employees having no seniority rights shall be laid off first.
(2) The principle of sharing the work shall then prevail.
(3) If further lay-offs are necessary, seniority shall prevail and the fol
lowing factor shall govern:
(a ) Length of continuous service within the department.
(b) Knowledge, training, and skill to perform the work.
(c ) Physical fitness for the job.
133. Combined Work-Sharing Lay-Off Plan to Yield Average of 40 Hours' Work
Every Other Week
The principle of temporary employment and equal division of work is hereby
recognized and in dull periods of the year, work shall be divided among the per
manent employees in the following manner:
(a) When the amount of work decreases below that necessary to keep the full
permanent force fully occupied for a thirty working day period, temporary work
ers shall be discharged, providing their jobs can be filled by members of the
permanent force, and the work shall be shared among the permanent employees
LAY-OFF, W O RK -SH ARIN G , AND REEM PLOYM ENT
73
of the shift, in the department, according to the “rotary system,” 40 hours work
constituting a turn.
(b) After this 30-day period, if the work available in one or more depart
ments, continues to decrease, the work shall be shared equally among the perma
nent force in such department until the amount of work available in the
department is less than 40 hours every other week per employee. At that time
the more junior of the permanent employees on each departmental seniority
list shall be furloughed until the number in the department has been decreased
so that those remaining shall average 40 hours’ work every other week.
134. Normal Force Reduced to 80 Percent Before Work Is Shared
For the purpose of this article and the life of this contract, the normal force
in the bargaining unit of this plant shall be considered to be 1,600. I f business
conditions require a prolonged reduction in manufacturing schedule and a cor
responding reduction in the force, it will be the policy of the company to use the
following procedure as far as the production and shipping requirements will
permit:
Assuming that the standard workweek continues to be 40 hours, the force
will be reduced as the required production is reduced, down to 80 percent of the
normal force. I f further curtailment is necessary, then in all departments where
the production and shipping requirements will permit operating on less hours,
the weekly schedule will be reduced to 32 hours before the force is reduced below
80 percent of normal in those departments. If further curtailment becomes
necessary, additional employees will be laid off, as required, according to the
procedure for lay-offs and recalls as provided for in this article.
135. Work Shared I f Lay-Offs Cut Force to Specified Minimum
In all furloughs and rehiring, plant wide seniority shall prevail down to 35
active men. When the company has less than full-time work for 35 active men,
it will divide the available work as evenly as possible among the men experienced
in the work available, giving consideration to the unemployment insurance regu
lations.
136. Night Shift Discontinued Before Reduction in Workweek of Day Shift
Any night shift work must be discontinued before there shall be any reduction
in working hours o f the day shift from the regular full workweek of 40 hours
except in cases of emergency.
137. Work Rotation Policy To Continue Until Changed by Mutual Agreement
Policies in force in the various departments of rotating work during slack
periods shall continue until changed by mutual agreement between the union and
the employer.
138. Weekly Rotation of Work by Mutual Consent When Workweek Falls Beloic
32 Hours (Probationary and part-time workers are laid off before work
sharing begins, and lay-offs of other employees do not occur until work falls
below 50 percent o f normal production)
During slack periods the work shall be divided as equally as possible among
the existing workers in each department. When available work falls below
32 hours, arrangements may be entered into by mutual consent whereby workers
may be laid off on a week about basis. When work falls below 50 percent of
normal production, lay-offs shall then take place (all other things being approxi
mately equal) in accordance with seniority. The corporation reserves the right
to determine the number of days per week which the plant shall operate. The
corporation agrees to notify the union of any change in workweek. This para
74
COLLECTIVE BARGAINING PROVISIONS
graph shall be put into effect only after probationary and part-time workers are
laid off.
139. Rotation Subject to Approval "by Union Representative
I f lack o f work should necessitate laying off, men may be laid off in rotation
from 2 days to a week; said rotation to be subject to approval of the shop delegate.
140. Work-Sharing by Rotation Limited to Maximum Period
Excepting in certain departments where such procedure would be impractical,
if the company deems it advisable to rotate employment, such rotation shall not
operate to exceed 40 percent time off for 2 months and 20 percent the remainder
of the year.
141. Prior to Major Lay-Off, Union and Management To Discuss Work-Sharing
When there is a decrease in force in the plant, the following procedure shall
be observed:
1. All probationary employees shall be laid off before employees with seniority
standing.
2. I f in the opinion of the company a major lay-off is imminent, other than a
lay-off caused by seasonal operations, and in the opinion of the company it is
necessary to reduce the force, the policy to be followed at that time on the
number o f work hours per week per employee may be brought up for discussion
between the company and the union.
142. Work-Sharing Need Not Be Applied to All Operators
It is understood and agreed, however, that a department which services some
other department may be required to run some particular unit full time, even
though the regular work in the department is on a reduced time schedule.
143. Company Right To Offer Work-Sharing in Lieu of Lay-Off, Subject to Union
Approval
I f conditions at any time arise in any department by reason of which lay-offs
will in the opinion o f the [company] become necessary, an alternative plan for
sharing the work in lieu of such lay-offs shall be offered by the [company]
to the union for its consideration, where the conditions are such that in the
judgment of the [company] the submitted plan would, if approved by the union,
be practicable.
Recall Notice and Response
The method of recalling workers is often left to an employer’s discre
tion, although agreements sometimes require that notice be given em
ployees by registered mail, telegram or some other specified device.
In some instances, employers are required to notify the unions in
volved at the time recall notices are sent.
Failure to keep an employer informed of address changes, failure
to notify him periodically of availability for employment, or failure
to report back to the company’s employment office at specified inter
vals, may cost an employee his right of recall. Failure to report for
work within a specified time lim it after recall may result in one of
the following penalties: loss of reemployment rights, reduction in sen
iority standing, or delay in being restored to work. However, an ex
tension of the time lim it may be permitted if the employee has been
LAY-OFF, W O RK-SHARING, AND REEMPLOYMENT
75
ill or has another valid reason for not reporting. A few agreements
allow recalled employees who fail to report to retain their reemploy
ment rights until the next recall.
Employees are usually permitted to work elsewhere during period
of lay-off without loss of reemployment rights. Some agreements
allow extra time for reporting if an employee is working for another
employer at the time of recall, but, more commonly, reemployment
rights are forfeited by failure to report promptly after recall. A n
employee with a temporary job during lay-off is sometimes permitted
to reject an offer of short-term work by his regular employer, pro
vided another worker is available.
144. Employee Notified by Registered Mail or Telegram
The company will advise each operator to be recalled by registered United
States mail, return receipt requested, or by telegram.
145. Three-Day Advance Notice of Recall
Reemployment notices will be sent by mail to the employee’s last known ad
dress not less than 3 days prior to the date they are requested to appear for
service. Copies of all reemployment notices will be filed with the union.
146. Employee To Acknowledge Receipt of Recall Notice by Registered Mail or
Telegram
An employee receiving notice of recall shall immediately acknowledge receipt
of same by United States registered mail, return receipt requested, or by tele
gram, and shall report within 7 days of the recall notice.
147. Union Given Copy of Recall List and Proof of Notification
The company will furnish the union with a list of the names o f laid-off em
ployees who have been notified to return to work, together with appropriate proof
of notification.
148. Union Assistance in Recalling Employees to Work
Any man laid off shall be given notice by telegram or registered letter for
reemployment and, upon receipt of notice, may claim his seniority if there are
younger men in point o f service on the job, within 5 days. Upon the company’s
inability to contact a man, the secretary of local * * * o f the (international
union) will be notified to help in contacting the man involved.
149. Recall Right Forfeited by Failure To Keep Company Informed of Change
in Address
All employees must keep the employment office of the company advised as to
their address, telephone number, or where they may be reached, and failure
to give such notice within 1 day after any change precludes his claim to any
recall according to the seniority regulations herein.
150. Employees on Furlough To Renew Mailing Addresses With Company Every
30 Days
[Furloughed employees] must maintain on record with the company their
correct mailing addresses and renew same every 30 days.
151. Laid-Off Employees Report to Company at 4-month Intervals
All regular employees laid off due to curtailment o f work shall accumulate
without interruption all seniority rights, Employees laid off will be required
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COLLECTIVE BARGAINING PROVISIONS
to report every 4 months by letter or in person their address and their desire
to be retained on the seniority list. Failure to do so shall cause forfeiture of
seniority and of right to be rehired under seniority provisions.
152. Reemployment Rights Lost on Failure To Reply to Company’s Quarterly
Notice
All regular employees on the pay roll o f the corporation who are laid off
for lack of work will be placed on a preferred reemployment list. Preference
shall be given such persons in the position or department where formerly employed
in the order of their respective seniorities, when a vacancy occurs, providing they
are in good physical condition. At the time of the lay-off, they will be advised
of the job they are considered capable of handling and will be listed accordingly
on the corporation’s records. The corporation will mail notices to each person
on said list on the first o f January, April, July, and October of each year, sending
copy o f such list to the union. Those persons who return such notices within
10 days from date of mailing, indicating their desire to be kept on the list, will
be considered as applicants for employment; and those persons who do not return
the notices will be dropped from the list. This same practice will be followed
until such time as the persons have been on the list and continuously signified
their desire for reemployment for 1 year after separation, at which time their
name will be dropped from the list.
153. Seniority Forfeited by Failure To Report Within 5 Daws A fter Recall
An employee called back to work after a long lay-off shall report to work
when called. Any employee failing to return to work within 5 days after r e
ceiving a registered letter to return to work, shall lose all seniority.
154. Employee Allowed 3 Days To Report or Explain Failure To Report
An employee who has been recalled after a lay-off must report for work, or
show good cause why he is unable to do so, within three working days from
receipt o f notice o f recall. Failure to immediately show good cause, in writing,
for not reporting, or failure to report within three working days, shall result
in a forfeiture of seniority. Notification of recall shall be by registered mail to
the last address of the employee recalled as it appears on company records.
155. Reemployment Rights Forfeited by Failure To Accept Reemployment Within
5 Days or Report for Work Within 15 Days
When additional employees are required after lay-off, the employer will notify
the employee entitled to preference by wire or mail at the address as provided
by the union, and in the event the employee does not accept reemployment by
wire or mail within 5 days thereafter, or, so having accepted reemployment, does
not report for work at the employment office of the employer within 15 days after
the sending of such notice, then the employee’s right to preference shall be
deemed waived. Nothing herein contained shall be construed to prevent the
employer from hiring temporary employees for the period provided for the
regular employees who accept reemployment.
156. Time Limits on Employee’s Response To Recall Notice (The employee
must (1) acknowledge receipt of the notice within 24 hours, (2) indicate
within 3 days whether he will return, and (3) report for work within
14 days after receipt of notice)
An employee receiving notice of recall shall acknowledge receipt thereof by
registered United States mail, return receipt requested, or by telegram within
24 hours after such notice is received, and shall advise the company within 3
days thereafter whether or not he will return and if so on what date he will
LAY-OFF, W ORK-SHARING, AND REEM PLOYM ENT
77
report and be available for service which date shall in no event be later than 14
days after receipt of recall notice.
157. Time Limit Extended 5 Days at Employee’s Request
In increasing working forces according to seniority, employees laid off will be
notified in writing by the management by registered letter or telegram at their
last known address, and will be given 5 days in which to return to work. Upon
notification and request by employee, an additional 5 days will be granted.
158. Time Limit Extended by Union-Management Agreement
An operator receiving notice of recall will immediately acknowledge receipt of
same by registered United States mail or telegram, advising the company of date
he will be available for service, which available date must not be later than 20
days from the date the company forwarded recall notice. In extenuating cir
cumstances the 20 days’ time limit may be extended by agreement between the
company and the brotherhood. Furloughed operators failing to comply with these
regulations will forfeit their seniority rights and be considered as out o f service.
It is understood that the company will have discharged its obligation o f notifica
tion to furloughed operators by having forwarded recall notices as herein out
lined.
159. Time Limit Extended by any Period o f Proven Physical Disability
Any employee’s length of service is nullified if he is laid off and fails to return
to work within 48 hours after notice to return has been received by him or some
one authorized to accept his mail by registered mail or any other substantially
equivalent notice sent to last known address furnished employer by employee,
or if unable to return to work fails to notify employer o f his intention to return
to work within said 48 hours after said notice, in which latter case employee
must return to work within 1 week after receiving said notice; the time to
return to work shall be extended by any period o f proven physical disability.
160. Time Limit Waived in Event of Illness or Other Justifiable Reason
Employees laid off and desiring to retain their seniority rights must keep their
address known to the company. Upon being notified in writing by registered
mail to report for work, employees shall so report within a period o f three work
ing days, unless prevented by illness or other justifiable reason, in which event
the employee shall within three working days from receipt o f notice cause the
company to be notified.
161. “Reasonable” Extension of Time Limit if Employee Has Valid Excuse for
Not Reporting Promptly
Employees to be recalled after a lay-off shall be notified as far in advance as
possible by notice in writing by registered mail, return receipt requested, sent to
the last address shown on the company’s records, and must report to the com
pany, within 48 hours after receipt o f notice whether they will be available for
service. Employees are therefore required to notify the company promptly o f
every change of address.
Employees who are absent from home or for some other valid reason are
unable to receive the notice promptly and employees who have secured other
work during lay-off, or due to some valid reasons are unable to report promptly
for work, shall be given a reasonable length of time in which to report.
162. Employees Failing To Report A fter Recall Given Another Chance at the
Next Recall
I f an employee previously laid off due to a reduction o f forces and not then
working in another department does not report for work either within 48 hours
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COLLECTIVE BARGAINING PROVISIONS
(excluding Sundays and holidays) after such notice is given or before sufficient
employees have been hired to complete such restoration of forces, he shall forfeit
his place in that particular restoration of forces, but if within a period o f 10
days after the first notice, he so requests it, he shall be given the same considera
tion at the time of the next restoration of forces. If an employee has followed
the above procedure he shall not lose his seniority or continuous service status
because of the lay-off, otherwise he shall lose his continuous service.
163. Second Chance Granted if Employee Has Justifiable Excuse for Not Reporting
I f any employee who has been laid off fails to report for work within three
working days after his recall (exclusive of Saturdays, Sundays, and holidays)
he shall have no recourse if the next man on the seniority list is called, but will be
eligible for next call on seniority list if he has a justifiable excuse for not reporting.
164. One Month Time Limit on Employee’s Right To Reclaim Job A fter R ecalls;
May Displace Substitute
Employees shall be recalled from force reduction furlough in order o f seniority.
I f the recalled employee cannot report immediately and it is necessary to recall
another employee lower on the list, the first employee shall retain the right to
displace the second employee within a period of 1 month.
165. Failure To Report A fter Second Recall Considered Voluntary Quit
I f an employee is given at least 3 days’ notice by a personal call or registered
letter to report for work at a designated time and he does not return to work at
that time, the next employee on the seniority list may be called in like manner.
I f the junior employee returns to work before the senior employee, the senior
employee shall not replace him but shall await the next call, and shall not be
paid for reporting. If an empoyee is given such 3 days’ notice to report in a second
call, which shall be made by registered mail with return receipt requested, and
does not return to work at the designated time, he shall be considered as having
voluntarily quit. The 3-day period shall be 72 hours from postmark.
166. Four W eeks’ Work Guaranteed on Recall Provided Report Requirements
A re Met
When an employee is recalled he must comply with the following procedure
or lose his seniority rights and be removed from the rehiring list.
(a ) Employee must report his intention o f returning to work within 5 days,
not including Saturday and Sunday, from the date o f his notification.
(b) Employee having made known to the employment department his inten
tion of returning to work, according to item (a), must report ready for work
within 10 days, not including Saturday and Sunday, o f the date of the com
pany’s notification that work is available.
(c ) When an employee reports for work and qualifies under items (a ) and
(b) he shall be guaranteed 4 weeks’ continuous work.
167. Recall Notice Only When Majority o f Workers on Job Are Working Full
Time
During slack periods employees o f all departments will be permitted to accept
employment elsewhere. Said employees shall suffer no loss o f any o f their
rights and their seniority shall accrue during such period. However, an em
ployee must return to work when properly notified by the company. Notifica
tion to return to work in such cases shall be given by the company only when
a majority of the employees in the same category are working on a full-time
basis.
LAY-OFF, W O RK -SH ARING , AND REEMPLOYMENT
79
168. Medical Examination Mandatory on Rehiring
Employees, when rehired with or without seniority rights, are to be examined
by the company doctor and their present and past medical record, if any, is to
be taken into consideration by the company in granting reemployment.
169. Medical Examination Mandatory on Rehiring A fter 60 Days’ Lay-Off
In the event of absence of an employee due to lay-off of more than 60 days’
duration, such employee is required to pass the company’s preemployment physi
cal examination before returning to work.
170. Seniority Not Forfeited ~by Outside Employment During Lay-Offs
I f a laid-off employee who has gained employment elsewhere during lay-off,
reports on recall by the company for work, within 7 days of the call, backservice will be credited upon rehire, the same as though he had not worked
elsewhere.
171. i(Normal Force” Employees Permitted To Work Elsewhere During Slack
Season
It is agreed during a period when the company is not able to provide full time
work for normal-force workers that any normal-force worker who can obtain
employment elsewhere shall not lose his or her rating as a normal-force worker,
provided that when such employee is requested by the company to return to work
the said employee does so within 5 days after receiving such notice. It is the
intent of this section that if a normal-force employee can be spared by the com
pany during the slack period such employee shall have the right to seek employ
ment elsewhere. Upon notice to any normal-force employee who may be tempo
rarily employed elsewhere to return to work he or she shall return within 5 days,
upon receipt of such notice. If any normal-force worker who is so notified does
not return within 5 days he shall lose his normal-force rating. This does not
apply to anyone who is absent from work due to illness.
172. Employees Working for Another Employer at the Time of Recall Allowed
Additional Time for Reporting
I f a laid-off employee fails to return to work within six working days after
a notice has been mailed to his last-known address and a copy sent to the union
by the company, such employee will forfeit all rights under this article. How
ever, if such laid-off employee notifies the company that he is then in the service
of another employer and cannot report within the time specified but wished to
accept the offer o f reemployment, the period o f grace will be extended by six
working days.
173. Additional R eputing Time Allowed if Employee Required To Give Notice
Before Quitting Outside Employer
The method of recalling an employee to work from furlough shall be the posting
o f a notice of recall on the employer’s bulletin board and by sending notice to the
employee at the last address of record. There shall be no complaint of lack of
notification if an employee fails to inform the employer’s employment office, in
writing, of every change of address, or telephone number, or name. No person
shall be entitled to reemployment who does not report for duty within 72 hours
of the time of said notice, unless he shall present an excuse satisfactory to the
employer—except that an employee who presents proof within the time above
indicated that he is required to give 5 days’ notice to the employer for whom he
is working at the time of recall, shall in this event be allowed 6 days to report
for duty.
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COLLECTIVE BARGAINING PROVISIONS
174. Outside Employment No Excuse for Failure To Report Within 5 Days A fter
Recall Notice
Should any employees laid off as aforesaid be notified to report back to work
and fail to report within 5 days after said notice, their names shall be stricken
from the seniority list and they shall lose their seniority rights unless sickness
or other valid reasons beyond the control of the employees, which does not include
other employment, can be shown to the full satisfaction of the company and the
shop committee.
175. Laid-Off Workers Employed Elsewhere Permitted To Reject Short Periods
of Work
Employees having other employment being recalled for short periods o f work
will he given permission to reject same without loss o f seniority if sufficient
other men are available.
Order o f Recall
Since a major purpose of a seniority program is to assure laid-off
workers preference in reemployment when plant operations are re
sumed or expanded, provisions protecting the status of such employees
are important. Reemployment usually reverses the order of lay-off,
i. e., employees last laid off are the first rehired. The factors deter
mining the order o f lay-off, such as seniority, ability, fam ily status,
etc., would automatically be considered in reemployment. The prob
lem o f reemployment is complicated by the fact that production may
not be resumed in reverse order of the curtailment. Certain opera
tions which have been shut down may be kept idle temporarily while
other operations resume full production. Agreements, therefore,
usually specify that employees entitled to rehire by reason of seniority
must be able to perform the available work. In some industries,
workers with certain skills are needed before the resumption of regular
production, and management is allowed to rehire such employees with
out regard to seniority. A few agreements require that employees be
paid for time lost if not recalled in proper order o f seniority.
176. Employees Last Laid Off Are First Rehired
In rehiring employees previously laid off for identical tasks in the same de
partment, unit, office, or subdivision, regular employees shall be rehired in the
inverse order of lay-off; that is to say, employees last laid off shall be first rehired.
177. Recall in Order o f Departmental Seniority
Employees shall be recalled after lay-off in order o f departmental seniority
provided they have the skill and ability to perform the work.
178. Recall in Order of Plant Seniority
The laid-off employee will have recall rights in plant seniority order to one
job classification at which he has previously been classified and has satisfactorily
performed this work. Such classification will be that from which he was last laid
off unless within 15 days from the date of lay-off he has notified the personnel
department in writing that he wishes to choose a different classification.
LAY-OFF, W O RK-SHARING, AND REEM PLOYM ENT
81
179. Recall Within Department; if Oivn Department Discontinued, Rehire in
Other Departments
In the restoration of forces men laid off will be returned to their regular
department. Men holding seniority rights in several departments must wait for
their regular department to start operation and will not be permitted to exercise
their seniority in other departments until their regular department resumes opera
tion. In the event that it is not intended that their regular department will
resume operation they then may exercise their seniority in other departments.
For example, a man holding rights as a riveter in the steel erection and also
having hook-on rights or helper in the punch, shear and press, may not exercise
his rights as a helper or hook-on in the event his regular department is scheduled
to start.
180. Plant Seniority ( Qualified) Governs R ehire; Department Seniority ( Quali
fied) Governs Lay-Off
In all cases of lay-off, rehiring, transfer and promotion the following factors
shall be considered by the company, and where factors (2) and (3) are rela
tively equal departmental seniority shall prevail:
1. Length of service;
2. Skill;
3. Performance of the job in an efficient manner;
provided, however, that in cases of rehiring after lay-offs, plant seniority shall
prevail if factors (2) and (3) are relatively equal. I f the union should disagree
with the company’s application of factors (2) and (3), the company agrees to
discuss the situation with the union, and that any dispute concerning the same
shall be subject to the grievance procedure herein set forth.
181. Reemployment in Order of Seniority Provided Employees Qualified
In any case where an employee, with more than 1 year’s seniority, is laid off
for lack o f work and such lay-off exceeds 1 year, seniority shall not accumulate
beyond the first year of lay-off. However, for the purpose o f rehire onlyr the
employee shall retain his seniority standing as of 1 year after such lay-off
for a period o f time equal to his seniority, but not to exceed 5 years, and shall
be subject to rehire in line with such seniority during that period, provided
he is qualified by reason of ability, skill, and experience to perform the work
available.
182. Recall in Order o f Occupational Group Seniority Provided Physically
Qualified
In increasing the working force, laid-off employees will henceforth be called
back to fill open jobs in their occupational group and in the order o f occupational
group seniority, provided they possess the necessary qualifications as judged
by the medical standards of the plant.
183. Essential Employees Recalled Without Regard to Seniority
Lay-off and rehiring shall be in the order of plant seniority, except as efficient
and continuous operations may require retaining or rehiring out of their seniority
order employees having special skill, experience, or ability.
184. Essential Employees Recalled Without Regard to Seniority Limited to 1
Week's Work
Where the company is increasing the number of employees, laid-off employees
shall be recalled in accordance with seniority, following the seniority lists pre
pared under section B above. In case of emergency work, up to six employees
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COLLECTIVE BARGAINING PROVISIONS
may be recalled in any department, if necessary, without regard to seniority,
to fill jobs o f not over a week’s duration where special skill is required and em
ployees with more seniority do not have that skill. An employee who is recalled
shall accept the open job whether it is piece work or day work, if he is the next
in line of seniority. After all the regular employees of a department have been
recalled, employees laid off in other departments shall be recalled in order of
shop-wide seniority. When an employee recalled on a shop-wide basis is assigned
tc a department, he shall start with no seniority in that department, and shall
retain his seniority rights in his original department, but may not go back to his
original department until laid off. I f he does go back, he takes his accumulated
seniority with him. If an employee refuses a job on a shop-wide basis, it shall
not affect his departmental seniority.
185. Recall of Junior Employees in Emergencies, Pending Return o f Senior
Employee
When employees who have been laid off are called back to work, the last man
laid off shall be the first taken back. In all cases the employee shall be allowed
48 hours in which to report for work after having been notified by the company
in writing. A copy o f said notice shall be sent to the union, postmark to determine
date of notification. In urgent cases younger employees in service may work
until the notified senior employee reports to state that he will work the follow
ing day, in which case the younger employee may be laid off at the close of the
working day. If the employee does not report for work within 48 hours after
being notified, he shall be considered as having resigned his job, unless prevented
by unavoidable cause in reporting for work. It shall be the duty of each employee
to notify the company o f any change in address.
186. Ability the Determining Factor When Seniority Equal
When plant seniority is equal, merit, ability and previous experience will be
the determining factors in deciding which employee will be recalled.
187. Consideration of Medical Record in Reemployment
Employees, when rehired with or without seniority rights, are to be examined
by the company doctor and their present and past medical record, if any, is to be
taken into consideration by the company in granting reemployment.
188. Employees Paid for Time Lost if Not Recalled in Proper Order of Seniority
Employees losing time as a result of not being called back in proper order to
seniority in the department in which they were working at the time of the lay-off
shall be compensated for lost time. Compensation shall start 24 hours after
written notice has been filed with the personnel manager.
189. Transferred Employees Returned to Original Job When Rehiring Starts
Any employee transferred from one job to another as the result of a lay-off,
shall be returned to his former work at the time of rehiring of laid-off employees.
190. Workweek Limited to 40 Hours Until All Laid-off Employees in Unit Are
Recalled
After a lay-off, employees shall be returned to work in accordance with their
department or specialized group seniority, as found in exhibit A attached hereto.
The hours of work in any department, however, shall not be more than a 40-hour
week unless all employees on the seniority list in that department or specialty
group have been recalled. This shall not apply in case of a temporary increase in
hours wherein the management and the bargaining committee determine what
shall constitute a temporary period.
LAY-OFF, W O RK -SH ARIN G , AND REEM PLOYM ENT
83
REEM PLOYM ENT PREFERENCE
Agreements sometimes provide modified job security for laid-off
employees by granting them preference over new employees in filling
vacancies. Such provisions are significant in instances where the prin
ciple of seniority in rehiring is not accepted or where seniority is recog
nized but applies only within an employee’s department or occupation
rather than on a plant-wide basis. In the latter case, reemployment
preference supplements the laid-off employee’s right to a job in his
specific department or classification by granting him priority over new
employees on vacancies which develop in other units.
Some agreements extend reemployment priority to employees
who have been laid off for such a long period that their seniority rights
have expired. Such priority is based on the ground that an employee
with seniority, who has been laid off through no fault of his own, is en
titled to employment as long as he is available before new workers are
taken on. Other agreements lim it reemployment preference to a speci
fied period, such as 1 or 2 years.
Additional protection to laid-off employees is achieved through
clauses which prohibit or restrict hiring when a lay-off is in process
or where there are laid-off workers who can fill available openings.
191. Laid-Off Workers Gwen Employment Preference Over Outside Applicants
When new employees are required by the company in any department, former
employees who have been laid off due to lack of work and who are applicants
for reemployment shall be given preference over outside applicants if qualified.
192. New Hiring Banned Until Laid-Off Employees Given Opportunity To Work
The company agrees no new production employees of a department or no new
maintenance employees will be hired until all old production employees of that
department or all old maintenance employees who are laid off for lack of work
have been given an opportunity to work.
193. New Hiring Banned Until Regular Employees Recalled
It is agreed that new help shall not be employed until all regular employees
have been returned to work according to seniority rules.
194. No Probationary Employees Recalled or New Employees Hired if Employees
With Seniority Are Available
In any such seniority unit where the force is being increased, no probationary
employee will be recalled or a new employee hired if there are employees with
plant-wide seniority still unemployed and who are qualified and able to do the
work required to be performed.
195. Employees Laid Off From One Department Given Preference fo r Available
Work in Other Departments
When employees are laid off and there is work available in departments other
than their own, such laid off employees shall be given first preference over new
employees to be hired for available work.
196. Reemployment Preference in Own Department on Basis o f Seniority and
in Other Departments on Basis of Qualifications
Employees laid off because o f lack of work for a period not exceeding 1 year
will be preferred in their department in the order o f their length of service
84
COLLECTIVE BARGAINING PROVISIONS
in the departments when additional employees for the same type of work are
required and shall be given preference in other departments when additional help
is needed, except when in the opinion of the management, experience, ability, and
efficient operation warrant a departure from this principle.
197. Reemployment Preference in Other Departments Provided Judged Competent
by Union and Management
In the event there be additional work in other departments, the employee having
seniority on the laid off list shall be given the work, providing he is able and willing
to do the work in the opinion of the management and the shop committee after
he has been given a fair trial.
198. Reemployment Preference in Other Departments Except for Skilled Jobs
In the event a lay-off occurs in any one of the listed departments or whenever
a department or occupational group is to be discontinued, or work curtailed,
employees who are laid off shall be given job preference in other departments
before any new help is hired, except in the case of jobs requiring special skill
for which trained men are available.
199. Reemployment Preference Limited to Period of 1 Year
Employees who are laid off shall be given preference in hiring for a period o f
1 year.
200. Reemployment Preference for Laid-Off or Transferred Employees; 2-Year
Time Limit
I f a vacancy occurs in a department in a job classification from which regular
employees have, because of lack of work, been laid off or transferred from one
department to another, within a 2-year period, or in any entrance job classification
within the department, such laid-off or transferred employees shall, if they meet
the minimum job requirements, be offered the job in accordance with their
seniority before the vacancy is filled by the promotion or transfer of an employee
within the department with less seniority or by the hiring of a new employee.
201. Reemployment Preference Limited to Employees With 6 Months9 Service at
Time of Lay-off
When additional men are to be employed, if circumstances will permit o f
delay, a reasonable effort shall be made by the company to give preference to
former employees who prior to termination o f their last employment with the
company had completed at least 6 months’ continuous and satisfactory service,
and who have the necessary qualifications and who were without fault on their
part laid off within the preceding 180 days; provided, that as between any two
or more of any such former employees, selection shall be made on the basis of
length of service, ability and efficiency.
202. Employment Preference to Former Employees Whose Seniority Rights Have
Expired
I f an employee is laid off and so remains for a period of 12 months or more,
his service will be terminated and he will lose all rights and benefits of an
employee as of the date of his lay-off.
The company will make a reasonable effort, when additional men are to be
employed to give preference to former employees whose seniority has expired.
203. Top Reemployment Priority for Employees Who Have Been on Furlough
for a Year
An employee who remains on furlough for a period o f twelve consecutive
months wUl be removed from the furlough list o f his subdivision and will be
LAY-OFF, W O RK-SHARING, AND REEMPLOYMENT
85
placed on a priority list for first consideration as suitable vacancies or new
jobs may arise in other divisions or subdivisions.
204. Laid-Off Employees to Have Employment Preference at Other Plants of the
Company
An employee laid off in any reduction of forces who has maintained his com
pany seniority shall, unless he is not qualified therefor, be given preference
in employment if available in other departments within the bargaining unit,
or, if such employment is not available within a reasonable period of time, shall,
if he so requests it, be given preference for employment if available in the other
plants of the company covered by this agreement.
205. Rehiring Preference Despite Seniority Lapse Provided Employed Within 2
Years of Agreement; Probationary Period Waived on Reemployment
Any former employee whose seniority has lapsed under the provisions o f the
subsections 3, 4, and 5 o f paragraph (c) of section 6 and who has been employed
by the company within 2 years of the date of this agreement shall have preference
in rehiring after the seniority list shall have been exhausted; provided, how
ever, the company need not seek out such former employees whose seniority had
lapsed but would give preference to such former employees if they present them
selves to the company’s office when it is necessary to hire additional workers
and suitable work is available.
206. Reemployment Preference to Union Members
When the (employer) makes discharges other than for cause only (union)
members shall be placed upon a rehiring list, without priority or seniority.
Throughout the life of this contract, no person—other than for positions ex
cluded from this contract—shall be hired by the (employer) except from his
rehiring list unless same is exhausted with respect to the general type of work
for which an additional employee is desired.
I f the (employer) needs some person with special qualifications not possessed,
in the opinion of the (employer), by any person on the rehiring list, he may go
outside the list, with notification to the (union). Disputes, if any, on this point,
to be adjudicated by the board of arbitration.
The (employer) shall supply to the (union) the names o f those persons who
are placed upon the rehiring list, with the date o f their discharge, and the (em
ployer) shall notify the (union) when persons are hired from such list.
207. Rehiring Preference to Probationary Employees
Employees shall be regarded as temporary during the first 60 days of service.
There shall be no responsibility for the reemployment of temporary employees if
they are discharged or laid off during this period. However, employees laid off
during the 60-day period will be given preference in rehiring, so that if they ac
cumulate 60 days’ time within a year of their employment date, they will be put
on the seniority list.
Index
PROMOTION, TRANSFER, AND ASSIGNMENT
Clauses
Page
Promotions from within________________________________________________
4
(1) General company policy to promote from ranks-----------------------5
(2) Qualified employees given preference over outsiders in filling
vacancies___________________________________________________
5
(3) Preference to present employees over new employees---------------5
(4) Probationary employees given promotion preference over out
siders______________________________________________________
5
(5) Consideration to present employees in promotions--------------------5
(6) No outside hiring until employee-eligibles canvassed-----------------5
(7) Employee’s right to apply for any new job or vacancy---------------5
(8) Preference to present employees; consideration to union recom
mendations. Employer may hire new employee if available
employees unqualified_________________________________
5
(9) All copy boys given trial period in specified beginner classifica
tions— given priority in filling vacancies, iffound com petent-5
(10) Union may submit names of candidates for promotion— review
through grievance— arbitration procedure applicable to cer
tain jobs only______________________________________________
6
(11) Advance notice of vacancy to union; rejection of union candidate
subject to grievance machinery, excluding arbitration------------6
(12) Notice to union before company hires outsider if no qualified
6
employee available_________________________________________
(13) New hire to fill vacancy if time insufficient for learning jo b -------6
Posting notices of vacancies and bidding for the jo b --------------------------------7
Departmental posting of vacancies______________________________________
7
(14) Forty-eight hour posting in department_______________________
7
(15) Department posting for 48 hours; posting, selection, and place
ment to be completed within 1 week_________ _______________
8
(16) Selection made by department foreman if no employee bids for
job-------------------------------------------------------------------------------------8
Broadening of bidding area from departmental to plant-wide_____________
8
(17) Sequence of bids: department employees; other employees who
previously worked in department; otheremployees in plant—
8
(18) Job posted for 3 days, filled on fourth day. Job assigned to
bidder with most plant-wide seniority if no department em
ployee bids_________________________________________________
8
Union participation in filling vacancies__________________________________
9
(19) Union notified of all vacancies and new jobs___________________
9
(20) Company will confer with union committee in considering ap
plicants____________________________________________________
9
(21) Posting for 5 days; applicant to furnish copy of bid to union-----9
(22) Advance notice to union of promotion, where possible---------------9
(23) Job notices and names of bidders and employees selected given
union monthly______________________________________________
9
(24) For permanent promotion, notice and conference with union;
for temporary promotion, notice only------------------------------9
87
88
COLLECTIVE BARGAINING PROVISIONS
Clauses
Bid rights of employees on leave-----------------------------------------------------------(25) Employee on leave may file bid on return; no time limits______
(26) Employee on leave may file bid within 72 hours after return
provided leave terminates within 50 days after bids closed____
(27) Employee on leave may file bid provided absence is 2 weeks
or less______________________________________________________
(28) Employee on leave may file bid during first shift after return___
(29) On return, employee on leave may displace junior employees on
jobs posted during absence. Ten hours' notice before dis
placement__________________________________________________
Restrictions on b id d in g s_______________________________________________
(30) Successful bidder disqualified from bidding for another job for
4 months___________________________________________________
(31) Limit of three bids during contract year_______________________
(32) Bidding rights lost for 1 year if employee fails to accept job bid.
(33) Limitation on frequency of bids by employee for same job after
failing to qualify____________________________________________
(34) Thirty-day service prerequisite for bidding____________________
(35) Bidders limited to employees in labor grade below job posted__
(36) Bids for apprentice jobs limited to helpers with 1 year's service
in craft-------------------------------------------------------------------------------Declining promotions___________________________________________________
(37) Bypassing promotion has no effect on future promotions_______
(38) Employee declining promotion barred so long as conditions caus
ing refusal remain__________________________________________
(39) Employee declining promotion barred from claiming waived job
unless it again becomes vacant______________________________
(40) Employee declining promotion bypassed for future promotion
and lay-off by employee taking promotion___________________
(41) Employee declining promotion must sign waiver; employee tak
ing promotion advances on seniority list_____________________
(42) Employee declining promotion in line of progression forfeits
claims for 1 year; other employees subject to demotion for
refusing promotions_________________________________________
(43) Employee declining promotion goes to bottom of promotion line;
4-week waiting period before again eligible to bid____________
(44) Status of employees declining promotion because of temporary
or physical disability or for other reasons____________________
When posting is required----------------------------------------------------------------------(45) Posting for vacancies paying more than base wage; no time limit
on posting__________________________________
(46) Posting of jobs paying specified rate of pay-----------------------------(47) Jobs posted weekly, on specified day__________________________
(48) Posting only if no promotion made from promotional list--------(49) Job posted if vacant for more than 2 weeks except by employee
on leave. Temporary appointments allowed until permanent
selection made-------------(50) Permanent and temporary jobs to be posted___________________
(51) Posting limited to original vacancy and vacancy resulting from
filling job posted; subsequent openings filled by company
selection___________________________________________________
(52) Yearly rebidding on runs; 5-day posting for vacancies; assign
ment by strict seniority____________________________________
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INDEX
Clauses
89
Page
Applications for promotion; no bid system--------------------------------------------(53) No posting. Applications on file requesting upgrading given
first consideration in filling vacancies. Copy of application to
union______________________________________________________
(54) No posting. Consideration to applications on file. Qualifica
tions reviewed by union and management__________________
Other bid clauses_______________________________________________________
(55) Illustration of bid notice_____________________________________
(56) Careful consideration of applications for vacancies posted______
(57) No vacancy permanently filled until 14 days after notice posted.
Name of employee promoted posted within 3 days of filling
jo b _________________________________________________________
(58) Vacancies may be filled temporarily until posted and filled____
(59) Name of successful bidder posted and notice sent to union___
(60) Detailed list of rules for bidding______________________________
(61) Company to transfer successful bidder within 7 days__________
(62) Company need not transfer applicant if job or emergency re
quires his retention on present jo b __________________________
(63) Company may fill job by promotion, demotion, transfer, or new
hire if bids rejected________________________________________
Seniority in promotion-----------Seniority governs if employee qualified__________________________________
(64) Promotion to senior qualified employee. Senior employee given
chance to qualify----------------------------------------------------------------(65) Promotion preference on basis of seniority_____________________
(66) Strict departmental seniority governs promotions______________
(67) Promotion on basis of plant seniority__________________________
(68) Company seniority governs promotion provided qualifications
met within 10 days_________________________________________
(69) Department or plant seniority; precedence to department sen
iority______________________________________________________
(70) Seniority governs promotion provided fitness and ability suf
ficient______________________________________________________
(71) Seniority governs promotion provided ability and qualifications
are sufficient. Criteria for determining qualifications listed _ _
(72) For majority of jobs, promotion by department seniority, pro
vided qualified; for skilled jobs, department seniority governs
if qualifications equal_______________________________________
(73) Order of preference in filling vacancies in journeymen job classi
fications_____________________________________________
(74) Promotion by seniority provided senior employee has necessary
experience and ability— No discrimination___________________
(75) For promotion, group seniority prevails; for promotion to craft,
experience in job line required______________________________
Seniority equal to other factors_________________________________________
(76) Consideration to department seniority and average ability- - - _
(77) Promotion based on seniority and “ other necessary qualifications” (78) In promotions, seniority considered along with other factors____
(79) Promotion based on plant-wide seniority and ability to do work
properly____________________________________________________
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19
19
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19
20
20
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20
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21
COLLECTIVE BARGAINING PROVISIONS
90
Clauses
Seniority subordinate to other factors---------------------------------------- -----------(80) Seniority governs where ability and physical fitness are relatively
equal_______________________________________________________
(81) Seniority governs where ability, physical fitness, character and
family status are substantially equal-----------------------------(82) Seniority governs where knowledge and ability are relatively
equal----------------------------------------------------------------------------------(83) Seniority governs, provided listedqualifications equaL__________
(84) Seniority governs, provided listed qualifications equal— Disputes
arbitrable__________________________________________________
(85) Company recognizes seniority in promotion; retains final de
cision___________________________________
Line of progression in promotion_____________________
(86) Vacancies filled by seniority in line of progression______________
(87) Promotions to next higher labor grade by seniority, provided
ability and physical qualifications sufficient__________________
(88) Joint determination of line of promotion or demotion for new job —
(89) Promotion ladder and changes jointly determined by union and
management_______________________________________________
Area from which promotions made broadened___________________________
(90) Promotion from within department; if qualified employees lack
ing, filled from other departments ___________________________
(91) Progressive broadening of area from which promotions made.
Availability for release one of factors considered_____________
(92) Promotion by plant-wide seniority where necessary skill and
ability lacking in department_______________________________
(93) Immediate department, allied department, other departments
considered in turn in promotion. Department seniority con
sidered in immediate department; general seniority in other
departments________________________________________________
Waiver of seniority in promotion_______________________________________
(94) Seniority waived for promotion of exceptional employees, subject
to advance discussion with union. Dispute subject to griev
ance machinery after change made__________________________
(95) Promotions out of seniority order considered temporary for 31
days to permit union discussions____________________________
Recourse to grievance procedure in promotion___________________________
(96) Employer’s determination of relative ability for promotion sub
ject to grievance procedure_________________________________
(97) Qualifications determined by company, subject to union approval—
(98) Joint union-management plan for determining qualifications for
promotion__________________________________________________
(99) Joint determination of qualifications; senior employee gets job
if parties disagree on qualifications_________________________
(100) Joint union-management decision on ability and length of trial
period____________________________________________________
(101) Fairness of company’s decision on qualifications and competence
for promotion subject to arbitration________________________
(102) On request, employee given written statement of disqualifica
tion for promotion. Decision reviewable through grievance
procedure if grievance filed within reasonable time_________
(103) Only arbitrary or discriminatory determination of qualifications
subject to review__________________________________________
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INDEX
Clauses
91
Page
Recourse to grievance procedure in promotion— Continued
(104) When seniority is disregarded in promotion, matter subject to
arbitration________________________________________________
(105) Promotions (and demotions) a management function, subject
to review, but not to arbitration___________________________
(106) Alternative actions by company when promotion is challenged.
Promotion or transfer out of bargaining unit-----------------------------------------Management given full discretion_______________________________________
(107) Management right to promote or transfer to job outside bar
gaining unit. Union to furnish withdrawal cards__________
(108) Selection at company's discretion— not subject to seniority pro
visions. No recourse to grievance-arbitration procedure___
(109) Company may select supervisors from any source, within or
outside the plant__________________________________________
(110) Principle of promotion to supervision from bargaining unit;
company to discuss appointment with union_______________
(111) Principle of promotion to supervision from bargaining unit;
union to furnish withdrawal cards__________________________
Seniority considered in filling supervisory vacancies-------------------------------(112) Policy to select from ranks in accordance with seniority_______
(113) Selection governed by seniority, providing skill, ability, and
leadership adequate_______________________________________
(114) Consideration to senior department employee for supervisory
vacancy--------------(115) Preference to senior department employee who is capable for
supervisory vacancy_______________________________________
(116) Policy to select from ranks; seniority, fitness, and ability
considered________________________________________________
(117) Temporary appointments governed by seniority, provided skill
and ability adequate______________________________________
(118) Consideration to present employees for foremen’s jobs; prefer
ence for gang foremen’s jobs_______________________________
Posting supervisory vacancies and appointments------------------------------------(119) Foreman vacancies not posted_______________________________
(120) Foreman vacancy not subject to general bid; senior qualified
men in district considered for jo b --------------------------------------(121) Working foremen jobs biddable; special consideration given
qualifications_____________________________________________
(122) Supervisory jobs posted; equal consideration given union mem
bers; senior qualified applicant selected____________________
(123) Supervisory vacancies posted. Union may recommend appli
cants but management's decision is not arbitrable__________
(124) Notice of supervisory appointments posted on bulletin board
Seniority of employees transferred back into bargaining unit_____________
(125) Seniority frozen as of promotion date______________________ _
(126) Seniority cumulative for employees transferred to bargaining
unit________________________________________________ ^_____
(127) Seniority cumulative for employees transferred from and then
returned to bargaining unit________________________________
(128) Six-month trial period; if disqualified, regains former job without
seniority loss______________________________________________
(129) Seniority cumulation applies to present foremen promoted from
bargaining
__________________ ________ _____ ,
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92
COLLECTIVE BARGAINING PROVISIONS
C lausa
Promotion of union officials to jobs outside bargaining unit______________
(130) No top union official promoted to supervisory position or trans
ferred without consent of union____________________________
(131) No promotion to supervisory job within 1 year after leaving
office without union consent_______________________________
(132) No promotion or transfer of union official affecting his union
status without union consent______________________________
Employee option on transfers or promotion outside bargaining unit--------(133) No transfers outside bargaining unit against employee's will—
(134) Promotion to supervisor only with employee's consent________
(135) Refusal to accept supervisory job not cause for discharge or
transfer___________________________________________________
Trial periods after promotion___________________________________________
(136) Six-day trial period__________________________________________
(137) Bidder to have 30 days to meet job standards________________
(138) Sixty-day trial period; if disqualified, returns to old job without
loss of seniority____________________________________________
(139) Ninety-day trial period; if disqualified, returns to old job without
loss of seniority___________________________________________
(140) Trial period from 1 to 6 months. May be returned to old job
at any time during trial period_____________________________
(141) Trial period extended by union-management agreement________
(142) Company may require oral, written, or performance tests to
determine ability for promotion. Determination subject to
grievance procedure______ __ ______________________________
(143) Trial period allowed if union and company disagree on quali
fications___________________________________________________
(144) Senior employee may request trial if management waives
seniority. Management decision based on trial subject to
grievance procedure_______________________________________
(145) Employer sole judge of employee's competence during trial period(146) Incompetence during trial period determined by management
and union committee______________________________________
(147) Disqualified employee given reason on union request--------------(148) Employee option to return to old job during trial period_______
(149) Maximum of two trials on one jo b ___________________________
Job status when disqualified during trial period________ ______________ 35
(150) Employee restored to old job if he fails during trial period, after
discussion with union______________________________________
(151) Employee failing during trial period returned to old job, if
vacant, or other job in same department___________________
(152) Employee option of former job or accepting dismissal pay if
disqualified during trial period-------------------------------------------Pay rate on promotion_________________________________________________
(153) On promotion, paid base rate of higher job classification______
(154) On promotion, given 10 percent raise or minimum of new rate
range, whichever is greater________________________________
(155) Rate increase on promotion related to automatic progression
schedule__________________________________________________
(156) Paid rate of job if qualified by reason of past performance;
otherwise, paid rate of job after trial period________________
(157) Rate increase on promotion of previously inexperienced em
ployees paid in installments_________ ______ ___, - . ------------
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IN D EX
Clauses
93
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Pay rate on promotion— Continued
(158) Employee paid old rate during trial period; new rate when
deemed qualified__________________________________________
(159) On promotion, inexperienced worker paid half difference between
old and new rates for 30 days_____________________________
Transfer and assignment_______________________________________________
Company right to transfer______________________________________________
(160) Transfer requests in writing. Review of company action ex
cludes arbitration______________________
(161) Limitation on employee’s right to refuse transfer; transfer defined(162) Company may assign work without regard to employee’s usual
craft under certain circumstances. No discipline if unable
to perform new work______________________________________
(163) Company right to assign employees, subject to seniority provisions.
(164) Company right to transfer except where seniority jeopardized.
(165) Company right to make specified transfers on 7 days’ notice to
employee. Junior employee selected for transfer___________
(166) No transfer for purpose of reducing wages____________________
Seniority in transfer-----------------------------------------------------------------------------(167) Seniority governs transfers exceeding 1 day___________________
(168) Seniority sole factor in permanent transfers for 75 percent of
transfers each 3 months________________________________
(169) Transfers, on written employee request, made by seniority where
qualifications are equal____________________________________
(170) Notice posted for transfers within same wage spread. Seniority
determines transfer among applicants______________________
(171) Specified period for requesting transfers. Company and union
review requests. Approved transfers made within 2 weeks. _
(172) Shift transfer on seniority basis______________________________
Employee or union consent on transfer__________________________________
(173) Written employee consent for permanent transfer_____________
(174) No compulsory transfer without employee consent except in
emergency________________________________________________
(175) Permanent inter-department transfers on agreement between
company, employee, and union____________________________
(176) No permanent transfer without notice to union----------------------(177) Company to notify steward of transfers______________________
(178) Limitations on permanent transfers specified_________________
(179) Transfers require consent of union and personnel department-_
(180) No shift transfer without employee’s consent_________________
Temporary transfers____________________________________________________
(181) Seniority waived for temporary transfers up to 6 days-----------(182) Seniority disregarded for emergency transfers_________________
(183) Senior employee may refuse temporary transfer_______________
(184) Temporary vacancies offered to spare employees in descending
order of seniority______________________________
(185) Question as to whether transfer is permanent or temporary
subject to grievance procedure_____________________________
(186) Seniority accrues on old job while employee temporarily
transferred________________________________________________
Special transfers________________________________________________________
(187) Company right to transfer employees for reason of health------(188) When j ob or operation moved employee allowed to transferwith job
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COLLECTIVE BARGAINING PROVISIONS
LAY-OFF, WORK-SHARING, AND REEMPLOYMENT
Clauses
Union consultation_____________________________________________________
1. Lay-offs discussed with union in advance_______________________
2. Two weeks’ advance notice; negotiation on method of lay-off____
3. Joint consultation on manner and program of lay-off___________
4. Mutual agreement on type of seniority applicable to lay-off of
specified groups______________________________________________
5. Joint consultation on factors governing order of lay-off_________
6. Joint consultation on question of work-sharing versus lay-off___
7. Union-management conference to determine whether work-sharing
or lay-offs preferred by employees____________________________
8. Joint review of lay-offs made out of seniority order_____________
9. Advance notice to union if company deviates from seniority as
basis for lay-off______________________________________________
10. Lay-off and recall lists submitted to union in advance; time limit
on presentation of grievance_________________________________
11. Joint approval of lay-off list; company absolved of error if union
has given approval__________________________________________
12. Employer and union jointly select employees to be laid off______
Advance notice of lay-offs______________________________________________
13. Notice as far in advance as possible____________________________
14. Three days’ lay-off notice to union and employees______________
15. Three days’ notice unless lay-off caused by conditions beyond
employer’s control___________________________________________
16. Employer to make an effort to give 3 days’ notice______________
17. One week’s notice to employees, whenever reasonably possible___
18. Notification on the night prior to lay-off________________________
19. Seven-day notice to employees with 1 year’s service____________
20. One week’s notice of lay-offs involving more than 25 employees
for 30 days; notice of other lay-offs given as soon as possible._
21. One week’s notice to union prior to general lay-off______________
22. Notice graduated to period of lay-off___________________________
23. Advance notice to shop committee where possible; period not
specified_____________________________________________________
24. Lay-off notice to employees; lay-off list to union________________
25. Union and employees notified of lay-off longer than 2 weeks;
3-day notice to union, 24 hours to employees_________________
26. Lay-off notice of 24 hours to employees, 48 hours to union______
27. Names of persons to be laid' off posted for 3 days_______________
28. Notice not required for temporary lay-offs caused by emer
gencies______________________________________________________
29. Immediate lay-off of employees failing to perform usual duties
during notice period_________________________________________
30. Notice given personally, by posted notice, or by telephone or
telegram____________________________________________________
31. Notice binding on absent employee____________________________
32. Notice to include estimated duration of lay-off__________________
33. Three days’ notice or pay in lieu of notice---------------------------------34. Forty hours’ pay in lieu of 1 week’s notice to permanent em
ployees______________________________________________________
35. Twenty hours’ pay in lieu of 40 hours’ notice___________________
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Order of lay-off________________________________________________________
36. Seniority strictly observed in making lay-off____________________
37. Lay-offs based on seniority if efficiency is not impaired__________
38. Lay-offs on seniority “ wherever reasonably practicable” _________
39. Lay-offs on basis of plant-wide seniority________________________
40. Lay-offs on basis of plant-wide seniority and ability to do jo b ___
41. Lay-offs on basis of plant-wide seniority by divisions____________
42. Plant-wide seniority for employees with 3 years' service; depart
mental seniority for those with less service___________________
43. Lay-offs based on plant seniority applied to job classifications,44. Extended lay-offs on basis of company seniority; lay-offs of less
than 1 month made on basis of department seniority_________
45. Extended lay-offs based on plant-wide seniority; temporary lay-offs
on basis of departmental or divisionseniority_________________
46. Temporary lay-offs by shop seniority; permanent lay-offs (over 4
weeks) by company seniority-________________________________
47. Departmental seniority to determine order of lay-off____________
48. Departmental seniority to govern lay-offs_______________________
49. Seniority disregarded in lay-offs of 7 days or less________________
50. Seniority and ability considered in determining order of lay-off-51. Lay-off by seniority subject to considerations of ability and physi
cal fitness___________________________________________________
52. Physical fitness and competence given first consideration; trial
period to prove competency__________________________________
53. Seniority and competency to govern in lay-offs; competency de
fined________
54. Seniority to govern when merit and ability equal_______________
55. Merit and ability to govern when seniority is equal_____________
56. Family obligations the determining factor in laying off junior em
ployees______________________________________________________
57. Ability and skill considered by company and union when seniority
is approximately equal_______________________________________
58. Four factors considered in selecting employees for lay-off_______
59. Inefficient employees laid off first, then employees of average or
better efficiency according to plant seniority_________________
60. Alternative lay-off procedure based on percent of employees af
fected in occupational group_________________________________
61. Three-step lay-off program_____________________________________
62. Probationary employees laid off without regard to seniority_____
63. Probationary employees laid off before employees with seniority
status_______________________________________________________
64. Casual, seasonal, and temporary employees laid off before regular
employees___________________________________________________
65. Nonunion employees laid off before union members_____________
66. Key employees retained regardless of seniority__________________
67. Exemptions foi; key employees not to exceed 10 percent of the total
employed in each department________________________________
68. Minimum exemption of one key employee in each department—
69. Number of key employees exempted from lay-offs equal to number
of union officers given top seniority__________________________
70. List of key employees exempted from lay-off to include minimum
number of union representatives_____________________________
71. Joint discussion of exemptions requested by company or union—
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COLLECTIVE BARGAINING PROVISIONS
Clauses
Order of lay-off— Continued
72. Deviations from lay-off and rehire procedure by joint agreement73. Union officers last to be laid off from their departments________
74. Top plant seniority in lay-offs for shop committeemen and top
seniority in unit for stewards, provided they have a minimum
of six months’ service_______________________________________
75. Top plant seniority for union officers and committeemen, top
department seniority for stewards___________________________
76. Top seniority for stewards provided in top 25 percent o f seniority
group---------------------------------------------------77. Pay for time lost when employee deliberately laid off without
regard to his seniority______________________________________
78. Limitation on employer liability for lay-off out of turn_________
Bumping and transfers to avoid lay-off_________________________________
79. Bumping on basis of plant seniority___________________________
80. Bumping area broadened to include entire plant_______________
81. Inter-classification bumping on basis of ability and seniority___
82. Bumping on basis of job classifications and department seniority83. Transfer from skilled to unskilled available jobs_______________
84. Bumping into labor department on basis of general seniority___
85. Procedure for bumping in occupational groups_________________
86. Employee permitted to bump into another occupational classifi
cation in which he has 1 year’s service______________ _______
87. Past experience on job and merit rating govern bumping rights88. Bumping permitted provided employee qualified to perform jo b 89. Bumping allowed if “ qualified” ________________________________
90. Previous experience required for bumping into skilled classifica
tion________________________________________________________
91. Qualifications for bumping into skilled and unskilled jobs differ
entiated____________________________________________________
92. Trial period to determine ability to perform job claimed by
bumping----------------------------------------------------------------------------93. Bumping permitted only if employee can immediately demon
strate his competency_______________________________________
94. Bumping employee must make base rate by third day to hold job _ _
95. Employee may exercise bumping rights three times in seeking
job for which he can qualify________________________________
96. Bumping prohibited___________________________________________
97. Bumping not permitted unless difference in seniority is at least
6 months_____ ________
98. Bumping rights limited to employees with at least 5 years’
service_____________________________________________________
99. Bumping rights of employees with 5 years’ service more restricted
than those of 10-year employees------------------------------------------100. Five-year men can bump those with less than 3 years’ service
within same occupational group_____________________________
101. Seniority employees may bump nonseniority employees________
102. Time limit on exercise of bumping rights______________________
103. Inter-department transfer to avert lay-off--------------------------------104. Transfer if employee qualified-------------------------------------------------105. Return to original position when work becomes available______
106. Policy of training employees for more than one job in order to
facilitate transfer___________________________
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Bumping and transfers to avoid lay-off— Continued
107. No reduction in wages of senior employees transferred to other
work during lay-offs________________________________________
108. Base rate guaranteed for 6 days after transfer to avoid lay-off- _
109. Transferred or bumping employee receives rate of job taken in
line with seniority__________________________________________
Work-sharing__________________________________________________________
110. Equal division of work at all times____________________________
111. Work shared as equally as possible____________________________
112. Work-sharing during slack season_____________________________
113. Equal division of work by rotation____________________________
114. Union-management cooperation in dividing work equally______
115. Work shared among union members___________________________
116. Prohibition of discrimination in work-sharing__________________
117. Work-sharing on departmental basis___________________________
118. Work divided among permanent employees on departmental
basis----------------------------------------------------------------------------------119. Work-sharing on shop-wide basis_________________
120. Work distributed equally over 30-day periods__________________
121. Employees without seniority standing laid off before work
shared_____________________________________________________
122. Employees with less than 2 years' service laid off before work shared
123. Work shared among employees with more than 1 year's service- _
124. No lay-off until period of work-sharing exceeds 3 weeks________
125. Lay-offs to maintain 40-hour workweek________________________
126. No lay-off of regular employees until workweek is reduced to
32 hours___________________________________________________
127. No lay-offs until workweek falls below 30 hours for a period of
2 weeks____________________________________________________
128. Work-sharing for 60-day period, followed by sufficient lay-offs to
maintain 32-hour week_____________________________________
129. Forty-hour week restored by lay-offs if workweek falls below 32
hours for six consecutive weeks_____________________________
130. Four-step work-sharing, lay-off program_______________________
131. Four-step program-----------------------------------------------------------------132. Three-step program----------------------------------------------------------------133. Combined work-sharing lay-off plan to yield average of 40 hours'
work every other week______________________________________
134. Normal force reduced to 80 percent before work isshared---------135. Work shared if lay-offs cut force to specified minimum_________
136. Night shift discontinued before reduction in workweek of day
shift_____________________________________
137. Work rotation policy to continue until changed by mutual
agreement__________________________________________________
138. Weekly rotation of work by mutual consent when workweek
falls below 32 hours_______________________
139. Rotation subject to approval by union representatives_________
140. Work-sharing by rotation limited to maximum period--------------141. Prior to major lay-off, union and management to discuss work
sharing_____________________________________________________
142. Work-sharing need not be applied to all operators-------------------143. Company right to offer work-sharing in lieu of lay-off, subject to
union approval_____________________________________________
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COLLECTIVE BARGAINING PROVISIONS
Clauses
Page
Recall notice and response______________________________________________
144. Employee notified by registered mail or telegram______________
145. Three-day advance notice of recall------------------------------------------146. Employee to acknowledge receipt of recall notice by registered
mail or telegram-----------------------------------------------------------------147. Union given copy of recall list and proof of notification________
148. Union assistance in recalling employees to work-----------------------149. Recall right forfeited by failure to keep company informed of
change in address___________________________________________
150. Employees on furlough to renew mailing addresses with company
every 30 days______________________________________________
151. Laid-off employees report to company at 4-month intervals____
152. Reemployment rights lost on failure to reply to company’ s
quarterly notice------------------------------------------------------------------153. Seniority forfeited by failure to report within 5 days after recall..
154. Employee allowed 3 days to report or explain failure to report. 155. Reemployment rights forfeited by failure to accept reemployment
within 5 days or report for work within 15 days_____________
156. Time limits on employee’s response to recall notice____________
157. Time limit extended 5 days at employee’s request______________
158. Time limit extended by union-management agreement_________
159. Time limit extended by any period of proven physical disability—
160. Time limit waived in event of illness or other justifiable reason..
161. “ Reasonable” extension of time limit if employee has valid
excuse for not reporting promptly___________________________
162. Employees failing to report after recall given another chance at
the next recall______________________________________________
163. Second chance granted if employee has justifiable excuse for not
reporting----------------------------------------------------------------------------164. One month time limit on employee’s right to reclaim job after
recall; may displace substitute______________________________
165. Failure to report after second recall considered voluntary q u it ..
166. Four weeks’ work guaranteed on recall provided report require
ments are met______________________________________________
167. Recall notice only when majority of workers on job are working
full time____________________________________________________
168. Medical examination mandatory on rehiring___________________
169. Medical examination mandatory on rehiring after 60 days’ lay-off170. Seniority not forfeited by outside employment during lay-offs—.
171. “ Normal force” employees permitted to work elsewhere during
slack season________________________________________________
172. Employees working for another employer at the time of recall
allowed additional time for reporting________________________
173. Additional reporting time allowed if employee required to give
notice before quitting outside employer______________________
174. Outside employment no excuse for failure to report within 5 days
after recall notice___________________________________________
175. Laid-off workers employed elsewhere permitted to reject short
periods of work_____________________________________________
Order of recall__________________________________________________________
176. Employees last laid off are first rehired________________________
177. Recall in order of departmental seniority______________________
178. Recall in order of plant seniority______________________________
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Clauses
Order of recall— Continued
179. Recall within department; if own department discontinued,
rehire in other departments______ ________
180. Plant seniority (qualified) governs rehire; department seniority
(qualified) governs lay-off___________________________________
181. Reemployment in order of seniority provided employees qualified.
182. Recall in order of occupational group seniority provided physi
cally qualified______________________________________________
183. Essential employees recalled without regard to seniority_______
184. Essential employees recalled without regard to seniority limited
to 1 week’s work____________________________________________
185. Recall of junior employees in emergencies, pending return of
senior employee_____________________________________________
186. Ability the determining factor when seniority equal_____ ______
187. Consideration of medical record in reemployment______________
188. Employees paid for time lost if not recalled in proper order of
seniority___________________________________________________
189. Transferred employees returned to original job when rehiring starts
190. Workweek limited to 40 hours until all laid-off employees in
unit are recalled____________________________________________
Reemployment preference______________________________________________
191. Laid-off workers given employment preference over outside
applicants__________________________________________________
192. New hiring banned until laid-off employees given opportunity
to work____________________________________________________
193. New hiring banned until regular employees recalled____________
194. No probationary employees recalled or new employees hired if
employees with seniority are available_______________________
195. Employees laid off from one department given preference for
available work in other departments________________________
196. Reemployment preference in own department on basis of seniority
and in other departments on basis of qualifications__________
197. Reemployment preference in other departments provided judged
competent by union and management_______________________
198. Reemployment preference in other departments except for
skilled jobs_________________________________________________
199. Reemployment preference limited to period of 1 year__________
200. Reemployment preference for laid-off or transferred employees;
2-year time limit____________________________________________
201. Reemployment preference limited to employees with 6 months’
service at time of lay-off____________________________________
202. Employment preference to former employees whose seniority
rights have expired_________________________________________
203. Top reemployment priority for employees who have been on
furlough for a year_________________________________________
204. Laid-off employees to have employment preference at other
plants of the company______________________________________
205. Rehiring preference despite seniority lapse provided employed
within 2 years of agreement; probationary period waived on
reemployment______________________________________________
206. Reemployment preference to union members__________________
207. Rehiring preference to probationary employees-------------------------
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