ARTICLE Ill—MANAGEMENT RIGHTS

3.0 The management of the plant and direction of the working force is vested exclusively in the Company except as otherwise expressly, specifically, and directly provided in this Agreement. Subject to the foregoing, this includes but is not limited to, the following: The right to plan, direct and control the business methods, and operations of the plant; the right to hire, promote, transfer or lay off employees and lawfully and for just and proper cause to demote, discipline, suspend or discharge employees; the right to determine the hours, schedules, assignments and standards or performance for work; the right to change, relocate, abandon or discontinue any production, services, methods or facilities; the right to introduce new, improved, or changed materials or facilities and to subcontract, purchase or otherwise acquire or utilize materials and services from any source.  

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ARTICLE IV—UNION SECURITY

4.0 After sixty (60) days from their date of hire, all employees shall be required as a condition of their employment to acquire and thereafter maintain membership in the Union; provided, that this obligation shall not apply (1) to any employee to whom membership has been denied or whose membership has been terminated by the Union for reasons other than his failure to make tender of, or his failure to make payment of, initiation fees, periodic dues and reinstatement of fees, uniformly required of members as a condition of acquiring and maintaining membership; (2) to any employee to whom membership in the Union is not available upon the same terms and conditions generally applicable to other members.

 4.1 The Union shall promptly supply to the Company’s Director of Labor Relations proof of any dues delinquency seven (7) days before cancellation of membership to any member of the Union and, if the Union shall thereafter request the discharge of any employee under the provisions of Section 4.0 above, the Union hereby agrees to indemnify and hold the Company harmless for any erroneous or 4 unlawful discharge caused under this Article.

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ARTICLE V—CHECKOFF

5.0       Upon receipt of a signed authorization of an employee, the Company shall deduct from the employee’s paychecks the initiation fee, dues and reinstatement fee payable by him to the Union during the period provided for in said authorization, so long as he is employed in the unit.

5.1       (a) Deduction shall be made on account of initiation fees or reinstatement from the first paycheck of the employee after receipt of the authorization from which it is practicable to make such deductions provided that no deduction for initiation or reinstatement fee in excess of twenty ($20.00) dollars shall be made from any one paycheck.

(b)            Deductions shall be made weekly on account of Union dues.

5.2       The remittance of each deduction provided for in Section 5.1 shall be mailed between the 7th and 14th day of each month to the Secretary—Treasurer of the Union. The Company shall furnish the Secretary—Treasurer of the Union, monthly, with a record of those employees for whom deductions have been made and the amount of deductions.

5.3 The authorizations for initiation fees, weekly dues, and reinstatement fees, shall be as follows:

(Initiation Fee or Reinstatement Fee)

Name

Clock No. ___________________________________________ Dept. ______________

(Please Print)

I hereby authorize and direct Raytheon Company to deduct from wages due me on the first payday hereafter my initiation fee (or reinstatement fee) as lawfully established in the bylaws of Lodge No. 587 of District 26 of the International Association of Machinists and Aerospace Workers, and to pay the same to said Lodge.

Signature ___________________________________________________

(Weekly Dues)

I hereby authorize Raytheon Company to deduct, each week, from my wages, dues as determined by the membership of Aquidneck Lodge No. 587 in accordance with its bylaws and the constitution of the International Association of Machinists and Aerospace Workers, AFL—CIO. The sums thus to be deducted are hereby assigned, by me to Lodge No. 587 of the International Association of Machinists and Aerospace Workers, AFL—CIO, and are to be remitted by the Company to the Secretary—Treasurer of the Union.

I submit this authorization and assignment with the understanding that it will be effective and irrevocable for a period of one (1) year from this date or up to the termination date of the current collective bargaining agreement between Raytheon Company and Lodge No. 587 of the International Association of Machinists and Aerospace Workers, AFL—CIO, whichever occurs sooner.

This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above and each subsequent yearly period shall be similarly irrevocable unless revoked by me within fifteen (15) days after any irrevocable period hereof. Such revocation shall be effected by written notice to the Company and the Union within such fifteen (15) day period.

Signature ___________________________________________________

5.4 The Union agrees that it will indemnify and save the Company harmless by reason of any erroneous deduction of such fees and dues and that it will refund promptly any such dues found to have been erroneously or improperly deducted.  

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ARTICLE VIII--REPORTING TIME

8.0 Except in cases of fire, flood, storm or similar circumstances beyond the Company’s control or except for disciplinary reasons, when an employee so assigned reports for work at a regularly scheduled shift or scheduled overtime shift without having been previously notified not to report, he shall be given at least four (4) hours work within his classification or, if necessary, in a lower classification at his regular rate of pay, or if no such work is available, he shall be given four (4) hours pay at his rate applicable to the hours he would otherwise have worked.

8.1       For purpose of the foregoing section, an employee shall be considered to have been requested to report on his regular shift unless:

an authorized Company representative notifies him to the contrary by personal conversation or telephoned or telegraphed message delivered to him personally or to his last known address as shown by Company records.

or

the Company causes or attempts to cause radio announcements to be made of work cancellation due to fire, flood, storm or similar circumstances beyond the Company’s control, in accordance with a schedule of such announcements posted from time to time on Company bulletin boards and/or published in the Company newspaper.

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ARTICLE IX—CALL-BACK TIME

9.0 Where an employee has worked on a given workday and at the Company’s request returns to work more than two (2) hours before the normal starting time of his regular shift on the following workday, he shall be paid at the overtime rate applicable thereto as though he had worked continuously from the end of his regular shift, and he shall be guaranteed at least four (4) hours of work or four (4) hours’ pay at such applicable rate.

Such overtime rate shall continue in effect only during that part of his scheduled shift on the following workday as is included in the guaranteed four-hour period. If the employee has worked more than eight (8) hours before his regular shift, he shall continue to receive such overtime rate if is specifically and personally requested by a Company Supervisor to continue working into such shift, or if he is assigned to a type of work which he knows or reasonably ought to know he should not leave untended without express approval of supervision and he is neither relieved by another employee nor excused by supervision.

9.1 When an employee is notified on the fifth day of his workweek after the end of his work shift including the overtime portion thereof, or is notified on the sixth day to report for previously unscheduled work on the sixth day of the same workweek he shall be paid for all work performed on such sixth day at the appropriate rate set forth in Article VII plus an extra one—half times his regular straight—time hourly rate, but in any event not more than two (2) times his regular straight—time hourly rate.

9.2 When an employee is specifically called-in two (2) hours or less before the start of his scheduled shift, he will be paid double-time for all hours worked.

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ARTICLE X—PROBATIONARY PERIOD

10.0 All new employees of the Company shall be deemed probationary employees for the first one hundred and twenty (120) days of their employment and such employees may be dismissed during said period for any reason. After one hundred and twenty (120) days, probationary employees shall become regular employees and shall receive seniority dating from their first date of employment.

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ARTICLE XI—WAGES AND CLASSIFICATIONS

11.0 The wage rates, which shall be effective during the term of this Agreement, are set forth in Appendix  “A” annexed hereto and made a part hereof which shall include progression steps, occupational titles; paid rates and labor grades are derived from the Company’s Job Evaluation System dated April 1, 1966.

11.1     The Company shall provide the Business Representative and the President copies of all bargaining unit job classification descriptions and evaluations and extra copies as requested in a reasonable quantity.

11.2 Employees shall be classified in the appropriate job classification description within their applicable seniority group sequence as identified in Appendix “B”.

11.3 A Job Classification Description is defined as a written analysis showing the highlights of the job and the evaluation that serves to identify the work performed by employees so classified and indicate the level of skill, effort, responsibility and job conditions that, considered singly and in relation to each other, have determined the labor grade of the job, but which may omit related and/or similar duties which normally are a part of the job, but may have little or no effect on the labor grade.

11.4 Descriptions of additional or new or changed job classifications will be prepared by the Company and copies furnished the Union, the Union retaining the right within ten (10) workdays or after an employee has been classified thereunder and is performing the work of such description, to make the ratings subject to the grievance and arbitration provisions of the Agreement beginning at Step 2 of the grievance procedure.

11.5 The Company will review any job classification the Union claims has changed to the degree that such change could result in an up grading of the labor grade rating, and will notify the Union of its decision within ten (10) workdays from the date that the review was requested, the Union retaining the right to make the labor grade rating subject to the grievance and arbitration provisions of the Agreement provided any such grievance is filed within ten (10) days after the Company has notified the Union of its decision. Said request for a review shall be made by the President Any upgrading made as a result of such review will be effective as of the date such request was made in writing on a form supplied by the Company for such purposes.

11.6 In any instance where the labor grade rating for a job classification has been lowered, employees actively classified in such job classifications will continue to receive the former rate as a personal rate, for as long as said employees holds said job classification. Such personalized rate shall continue in effect for the duration of this agreement, after which time, if the employee has not been promoted or transferred, he shall be paid the proper maximum rate of the appropriate occupational title.

11.7 An employee claiming that he is improperly classified will have the right to have his classification reviewed. The Company will notify the Union within fifteen (15) workdays from the date the review was requested. Following this, should there be a dispute, the Union may submit the dispute to the grievance and arbitration provisions of this Agreement beginning at Step 2 of the grievance procedure. Such claims shall be made on forms supplied by the Company and shall set forth the reasons for the request.

11.8     (a) Notwithstanding the other provisions of this Agreement, temporary transfers from one occupational title to another in the same, higher, or lower labor grade may be made for a period not to exceed three (3) workweeks (except as noted in (b) below), which may be extended by mutual agreement. No employee shall have his rate reduced if he is temporarily transferred. When an employee is temporarily transferred to another job title, periods of temporary transfer five (5) days or over will be recorded and such periods will be credited for progression pay purposes in the job title in which the temporary work assignment is performed. 

(b)  Temporary transfers within the Production sequence from labor grade 08 to labor grade 05 may be made for reasonable periods of time. It is understood that for business needs overtime may be ongoing in either overtime center with the following understanding.

The employee:

1.  Shall not have his rate of pay reduced.

2.   Remains in his original overtime center.

3.   May only work overtime in the lower grade if all permanent employees in the overtime center have been offered the opportunity to work.

(c)   In the case of such temporary transfers to a higher labor grade, qualified senior employees in the occupational title shall first be requested to accept such transfers. If senior employees refuse such assignment, junior employees may be assigned. However, if a temporary transfer is made, at the request of the Company, to an occupational title in a higher labor grade, the employee so transferred shall be paid while on such assignment as if he had been promoted.

(d)  Except where production schedules would be adversely affected, temporary transfers to the same or lower labor grade shall be made on a voluntary basis or by assignment of a junior employee.

(e)  If a temporary transfer is expected to be of more than one (1) day’s duration, the President will be notified by the Labor Relations Office. A record of such transactions will be maintained in the Labor Relations Office and a copy will be given to the President.

(f) If employees are, by mutual agreement, temporarily transferred beyond three (3) weeks to another occupational title, and if there are employees on recall to that occupational title, the employees having recall rights at the time of the extension will have their recall rights increased on a one for one basis by six (6) months.

11.9  (a) An employee who is assigned fifty percent (50%) or more of his time to instruct shall receive a premium of five percent (5%) of the maximum rate for his occupational title as long as he remains in such position.

(b)   Group Leader. When the Company deems it necessary it may assign an employee to a group leader position. They shall receive a premium of ten percent (10%) of the maximum rate of their occupational title.

(c)    When a Group Leader position within a classification becomes open, the Company agrees to post notice of the opening for a period of three (3) work days.

(d)   When an employee is promoted to an instructor, the supervisor will immediately notify the Union President

(e)    Promotions to group leader and instructor positions in a classification, regardless of shift, shall be based upon ability and qualifications in accordance with Company standards, which standards shall be applied reasonably and consistently within the group. When ability and qualifications of two or more employees are, upon such application of standards, relatively equal, seniority shall prevail.

11.10 The assignment of an employee to work out of his job classification, if his own classification is higher than that of the work assigned, shall not furnish a basis for a claim by other employees performing the lower work to such higher classification.

11.11   (a) New hires will enter a progression with the range between the present minimums and the second year maximums of the agreement. Such employees will receive progression increases each twenty—six (26) weeks in an amount equal to one—sixth of the rate range but not above the maximums.

(b)   Eligibility periods for automatic increases will be computed from the Monday of the week hired if hired on Monday, Tuesday or Wednesday or the following Monday if hired on Thursday or Friday.

 

(c)   Time toward automatic increases will continue to be credited every twenty—six (26) weeks if the employee is not at the occupational title maximum while the employee is absent under the following circumstances:

(1)  Time spent on jury duty

(2)  Time spent on annual two—week military reserve duty.

(3)  Time lost because of industrial accidents.

(4)   Time lost due to employee’s vacation period.

(5)  Absence during a twenty—six (26) week period if the absence period was for two weeks or less.

(d) In circumstances other than above, absence will delay the automatic progression date by the total number of days absent. If, at the time of layoff or leave of absence an employee needs less than thirty (30) additional days credit towards a total of twenty—six (26) weeks for automatic progression, the new rate will be made effective the day the employee returns to work and the remainder of thirty (30) days will be credited as accumulated time towards the next automatic progression period which will commence with the day the employee returns.

11.12   Upon being upgraded to an occupational title with a higher maximum rate, an employee will receive on the nearest Monday an increase of ten (10) percent or the minimum of the new occupational title, whichever is higher. The effective date of upgrade commences the 4 step twenty— six (26) week automatic progression period.

11.13   (a) When an employee is downgraded at his request or due to inability, his rate on the new job will be determined as follows:

(i)   If he held the job before, his rate will be the rate he was receiving at the time he left the job.

(ii)   If he satisfactorily held higher jobs in the same sequence his rate will be maximum rate on the job.

(iii)  If he had not occupied the job or been in the same sequence in a higher rated job his rate will be the step in the lower rated job that corresponds to the steps he occupied in the higher rated job.

(b)   If an employee is downgraded due to layoff, his rate will be reduced to the maximum rate of the new occupational title or left at the present rate, whichever is less. If the new rate is below the maximum, time accumulated towards an automatic progression in the previous classification will be credited towards automatic progression in the new occupational title.

(c)   If an employee is downgraded to an occupational title previously held, his rate will be at his former position or step in the rate range.

11.14 Upon being transferred to an occupational title in the same labor grade, an employee’s wage rate will remain the same and time accumulated toward automatic progression in the previous occupational title will be credited towards automatic progression in the new occupational title.

11.15 Within the period of recall as provided in Section 18.19 if:

(a)  an employee is reinstated to the same occupational title or another occupational title in the same labor grade and seniority sequence, his rate is to remain in the same position or step in the rate range as when he ceased active employment with time accumulated in the previous occupational title credited toward the next progression increase, or

 

(b) an employee is reinstated to an occupational title in a lower paid labor grade in the same seniority sequence, his rate shall be the maximum of the rate range or the same as when active employment ceased, whichever is less, with time accumulated in the previous occupational title credited toward the next progression increase, or

(c) an employee is reinstated to an occupational title in a different seniority grouping than when active employment ceased, his rate shall be determined as for a new hire, or

(d)  general increases occurring while an employee is on lay off will be reflected in the employee’s base rate at the time of reinstatement and will not affect the eligibility date of the next progression increase.

11.16 General increases granted by the Company will not affect the eligibility dates or amounts of automatic progression increases.

11.17 An employee who is receiving a personal rate in accordance with the provisions of Section

11.6 shall not be eligible for further automatic progression.

  13.1 At the Company’s option, any of the above holidays which falls on a Saturday shall be observed on the previous Friday and any which fall on a Sunday shall be observed on the following Monday.

13.2 No employee shall be paid holiday pay for any holiday if he fails to report and work all of his scheduled hours on his workdays immediately preceding and following such holiday unless he is excused by reason of personal illness, injury incurred in the course of his employment, death in his immediate family, or reason considered equivalent thereto by the Manager of Labor Relations. In the case of personal illness or injury, the Company may require medical evidence satisfactory to the Company. No claim under this section shall be allowed unless submitted by the employee within fourteen (14) calendar days after his return to work.

13.3 The Company shall not be required to pay holiday pay to an employee for any holiday on which he has agreed to work if he fails, without being excused, to work the scheduled number of hours.

13.4 For the purpose of this Article, a holiday shall be deemed to commence with respect to any regularly scheduled shift, at the regular starting time of such shift after 12:00 A.M. on the holiday and shall end twenty—four (24) hours thereafter.

13.5 If a holiday falls within an employee’s vacation period, such employee shall be entitled to holiday pay as well as vacation pay.

13.6 Employees on leave of absence or excused absence will receive holiday pay only (1) for holidays occurring in the first thirty (30) calendar days of such absence following their last workday and (2) if such absence is caused by provable illness or injury. A laid—off employee will not receive holiday pay for holidays occurring during such interruption of his active employment unless the layoff begins on the second last regularly scheduled workday immediately preceding the holiday, in which case he shall be paid for such holiday. If an employee is reinstated to work, from layoff or leave of absence on the day immediately following a paid holiday, he will be entitled to holiday pay. Temporary layoffs will not affect an employee’s right to holiday pay.

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ARTICLE XIV—VACATIONS

14.0 Each employee who is in the active employ of the Company (that is, either actually working, on vacation, or on an excused absence of not more than two (2) weeks as of the last day of vacation in which this Agreement is in effect, and who on that date has met the following conditions) year shall be entitled, except as otherwise provided herein, to a vacation with pay for that vacation year in accordance with the following schedule:

Effective as of the vacation years commencing on or after August 1,1994 for employees hired before 3-1-99, Employees hired after 3-1-99 are covered by the Paid Time Off (PTO) Policy dated January 1, 2005.

Seniority as of end of Prior Vacation Year	Vacation Entitlement  Accrual During Vacation Year
Less than 5 years	1 day for each month worked to a maximum of 10 days
5 years, but less than 12 years	1.5 days for each month worked to a maximum of 15 days
12 years, but less than 22 years	2 days for each month worked to a maximum of 20 days
22 years or more	2.5 days for each month worked to a maximum of 25 days

(a)    “Vacation Year’ shall mean a period of 12 consecutive months commencing on August 1 and continuing to the next July 31.

 

(b)    “Earned Vacation” shall mean that entitlement earned in a vacation year which remains to an employee’s credit after July 31. Such entitlement is to be taken prior to August 31 of the following year at the discretion of the company. (Up to 5 unused days at the end of one year can be carried to the following year.)

(c)   “Accrued Vacation” shall mean that entitlement accruing to an employee’s credit during the current vacation year.

(d)   An employee who terminates before completing his probationary period shall be ineligible for any vacation pay. An employee who terminates for any reason following completion of his probationary period shall be entitled to vacation pay as specified in the above schedule accrued to the date of termination.

(e)   Employee’s vacation pay shall be computed on the basis of his straight—time hourly rate in effect on the day before that vacation.

14.1 An employee who at the start of the vacation year is on leave of absence or laid off (and not on the active payroll) shall upon request, receive in lieu of vacation, accrued vacation pay in accordance with Section 14.0. His vacation pay shall be computed at his regular straight—time rate in effect upon the day on which his leave of absence or layoff commenced. Nothing in this article shall preclude an employee returning from a leave of absence or layoff during the current vacation year being granted time off without pay up to his vacation eligibility at a time mutually agreeable to the company, the union, and the employee.

14.2 Employees who return from military leave of absence during the vacation year shall receive such vacation credit as is required by the provisions of the Selective Service Act of 1940, the Selective Service Act of 1948, the Universal Military Training Act of 1950 or such other Federal or State laws as shall be applicable.

14.3 Employees released to the Armed Forces and on military leave of absence, other than those serving an annual training period, shall receive such vacation pay at the time such leave of absence begins and other employees on leave of absence shall receive such vacation pay as soon as reasonably possible after the start of the vacation year.

14.4     (a) In computing any employee’s vacation eligibility for purposes of Article XIV, any month in the vacation year during which he was on the active payroll, on excused absence, or on the first two (2) weeks of a leave of absence, for the scheduled workdays, occurring in sixteen (16) consecutive calendar days shall be considered as a full month’s work except that the sixteen (16) days need not be consecutive if they have been interrupted by layoff.

(b)    Employees laid off and not on the active payroll shall receive such vacation pay on or about the tenth (10th) day following the vacation year.

14.5 An employee on leave of absence at the beginning of the vacation year on account of an injury incurred in the course of his employment shall receive such vacation with pay as he would have been entitled to had he not been on such leave of absence after he has passed the customary Company tests to determine whether he is fit to return to work. If the employee elects to take the time off, the timing of such vacation shall be suited to the convenience of the employee unless business reasons make such timing impracticable, in which case the Company may designate the vacation period.

14.6 Employees who retire under the retirement provisions of the Pension Plan for Hourly Employees shall be entitled to receive accrued and earned vacation in accordance with Section 14.0 during the vacation year, which vacation pay shall be paid them as soon as practicable after their retirement.

14.7 The legal beneficiary of an employee who dies during the vacation year shall be paid the employee’s accrued and earned vacation in accordance with Section 14.0.

14.8 Vacations of up to two (2) weeks shall be compulsory. For vacations extending beyond two (2) weeks, the company will, after agreement of the company, the union, and the employee pay to an employee the amount of vacation pay in excess of up to three (3) weeks, to which he is thereto entitled without granting him a vacation. If all parties are not in agreement then the employee must take the vacation

14.9 If a paid holiday falls in an employee’s vacation period, the employee’s vacation period can be extended.

14.10 Employees whose regular schedule (exclusive of overtime) consists of less than thirty (30) hours per week shall receive vacation pay on the following basis:

(No. hours in regular weekly schedule) / 40 x

(Appropriate pay specified in Section 14.0) = Vacation Pay

14.11            Employees with 25 years of continuous service will be given one paid personal day during each calendar year or part thereof occurring after completion of such service. This day may be taken at the employee’s discretion when scheduled in advance and approved by his/her supervisor.

16.0  An employee who finds it necessary to be absent without having received advance permission is required to notify the Company during the first working day of absence when practicable to do so, or in an emergency, as soon thereafter as possible of the reason for and the probable duration of the absence. This notification should be by telephone call to his foreman or department head or designee within the first half hour of first shift and prior to start of second or third shift. In the event he is unable to speak personally with his foreman or department head or designee, then by telephone call to the personnel office.

16.1   Excused absences may not be granted for more than two (2) weeks. In the event the original request for an excused absence covers a period of less than two (2) weeks and the employee subsequently finds that further excused leave is required, another request should be made as above. An absence extending beyond two (2) weeks is excusable only on the basis of a leave of absence.

16.2 After completion of the probationary period, and upon approval of the Company Medical Department, an employee upon application shall be granted a leave of absence without pay for a period of up to twelve (12) months because of personal illness or disability. An employee upon application shall be granted a leave of absence of up to ninety (90) days, renewable for an additional thirty (30) days, because of illness in the employee’s immediate family. The Company may require medical evidence of the need for granting such leaves of absence or continuing them at any time. Paternal leaves shall be granted to employees (other than an employee on maternity leave of absence) with at least three (3) months continuous service at the time of application for such leave.

Said leave shall commence immediately after the birth date or date of adoption of the employee’s child and shall not extend for a period of more than twelve (12) months. Maternity leaves shall be ranted to employees with at least three (3) months continuous service at the time of application for said leave. Said leave shall commence at a date determined by the employee and her doctor subject to the approval of the Company’s medical department and shall not extend for a period of more than twelve (12) months. Leaves of absence for personal reasons shall be granted at the discretion of the company.

16.3 The President shall receive a copy of each approved leave of absence form.

16.4     At the termination of a leave of absence, the employee, upon application, will be returned to his former position, if available, and may displace a more junior employee. Seniority shall continue to accumulate during a leave of absence in accordance with the following table:             

Plant Seniority  Maximum	Accumulation
At least 120 days but less than 6 months	6 months
At least 6 months but less than 1 year	1 year
At least 1 year but less than 5 years	2 years
At least 5 years but less than 6 years	3 years
At least 6 years but less than 10 years	4 years
At least 10 years but less than 20 years	5 years
20 years and over	6 years

16.5 An employee who becomes a fulltime Local, District or International Representative of the Union shall be given a leave of absence without pay for so long as he serves in such office and may return to his former position at any time without loss of seniority rights and with accumulated seniority for the time spent on such leave.

16.6 Leave of Absence Policy — Applicable to LOA’s commencing after January 1,1999

a)    Medical Leave of Absence (MLOA) — Employees will be granted up to twelve months of company paid medical and dental coverage. For the next twelve months employees will pay the active employee contribution rate for medical and dental, then will be eligible for COBRA. At the end of this twenty-four month period, employment status will be termed suspended. After forty-eight months of MLOA, the employee will be administratively terminated. Employees will retain seniority rights for a maximum of six years from the date the MLOA began or up to six years from the date the employee would have been affected by layoff while on MLOA status, with insufficient seniority to exercise displacement rights, whichever is less.

b)   Industrial Leave of Absence (ILOA) — Employees will be granted up to twenty-four months of company paid medical and dental coverage. For the next twelve months employees will pay the active employee contribution rate for medical and dental, for the next twelve months the employee will pay the COBRA rate while in the company plan, then will be eligible for COBRA. At the end of this forty-eight month period, the employee will be administratively terminated. Employees will retain seniority rights for a maximum of six years from the date the ILOA began or up to six years from the date the employee would have been affected by layoff while on ILOA status, with insufficient seniority to exercise displacement rights, whichever is less. ILOA may be extended beyond four years with the mutual agreement of the company and the union after a review.

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ARTICLE XVII—MILITARY AND PEACE CORPS SERVICE

 17.0     If an employee enters into any branch of the Armed Forces or enters the Peace Corps of the United States, he shall continue to accumulate seniority with the Company during his absence to the extent provided by the appropriate Federal statute as may be applicable to him, and shall be entitled to exercise such seniority rights upon release from service provided that he shall apply and qualify for reemployment by the Company in accordance with the terms of the applicable law. With respect to employees who return from the Peace Corps, this provision shall apply only if he returns within thirty (30) days after the expiration of one two—year enlistment.

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 ARTICLE XVIII—SENIORITY

18.0 For purposes of this Article, seniority represents the time each present employee commenced continuous, active service with the Company at plants recognized as the bargaining unit in Article I.

18.1 The Company shall prepare and maintain lists of its employees according to their seniority dates as required by this Agreement, which lists shall be divided into occupational sequences of occupational titles and shall furnish initial copies thereof to the Union. The Company shall keep such lists up to date, and permit the President to inspect them from time to time on request. The rights of employees under this Article shall be determined in accordance with their relative positions on the appropriate seniority list and other provisions of this Article. 

18.2 Any employee who is injured while on duty shall continue to accumulate seniority during his absence due to such injury, and shall be reinstated, if eligible, in accordance with the provisions of Article 16.6 (b) and Article 18.15 (f), upon recovery, in his former occupational title with full seniority rights, provided he is physically and mentally qualified to do the work, and provided that his job has not been abolished in the meantime. If, by reason of the circumstances noted above, such employee cannot be reinstated in his old occupational title, as is available to him, giving him full consideration to his seniority, and for which he is qualified by reason of fitness and ability, and if the new occupational title has a lower maximum wage rate, he shall be paid the maximum rate applicable to the new occupational title.

18.3 An employee laid off and not in the active employ of the Company shall accumulate seniority during his recall period.

18.4  (a) A person once on the hourly payroll or in the bargaining unit and transferred by the Company out of the unit before April 1, 1967 to either the exempt or non—exempt salaried payrolls and later transferred back into the unit shall have all of his employment on the hourly payroll or in the bargaining unit counted in determining his seniority, but he shall be laid off if necessary to permit the recall of any employee with greater seniority who was laid off while such person was employed outside the unit If such person is returned to the bargaining unit and a displacement results, he may be returned only to his last hourly occupational title and may displace only an employee, if any, who has less than one year of plant seniority.

(b)    A person transferred by the Company out of the bargaining unit on or after April 1, 1967 shall lose all of his seniority under this collective bargaining agreement unless he returns to active employment in the bargaining unit within thirty (30) days after such transfer. An employee who has lost his seniority hereunder and who is later transferred to the bargaining unit shall be considered as a new hire except for purposes of vacation and holiday pay eligibility and credited service under the provisions of the Pension Plan for Hourly Employees.

18.5 Notwithstanding the other provisions of this Agreement, each regular member of the Shop Committee, the Local Union President, Vice President, Financial Secretary and Recording Secretary shall, for purposes of layoff during his official elected tenure of office, be considered the most senior employee in his occupational title, and if there is no work available under his occupational title, he shall exercise his displacement rights. During his term of office, each steward shall, for purposes of layoff and remaining on his shift, be considered the most senior employee in his occupational title except for any member of the Shop Committee or above named Local Union Officer who may be in the same title. Upon relinquishment of his office, each of the aforesaid persons shall revert to the position on the seniority list to which his seniority entitles him, and shall be laid off if necessary to permit the recall of an employee with greater seniority who was laid off while such person held office. Members of the Shop Committee and above named Local Union Officers shall have preference for assignment to the first shift.

18.6 An employee shall cease to have any rights based on seniority if he:

(a)        quits his employment, or

(b)        is discharged or released for cause, or

(c)        has been laid off and his recall rights have expired, or

(d)        fails to return upon the expiration of a leave of absence, or

(e)        engages in other work without consent of the Company and the Union while on leave of absence, or

(f)         without notice or proper excuse, is absent all of the days he was scheduled to work within a period of seven (7) calendar days commencing with the first day of each absence; but the foregoing shall not be construed as limiting the Company’s right to discharge for excessive absenteeism, or

(g)        upon being notified of recall, he fails to comply with the provisions of paragraphs 18 and 20 hereof, or

(h)        retires.

18.7 For all purposes under this Agreement, an employee whose seniority has ceased as above and who is rehired shall be regarded as a new employee.

18.8 The occupational titles referred to in this Agreement are those set forth in Appendix “B” and such others as may be added during the term of this Agreement in the manner provided herein. The term “Occupational Sequences” means the groupings of related occupational titles.

18.9 The Company shall assign new or changed occupational titles into the occupational sequences and the Union may protest such assignments within fifteen (15) workdays after such assignments have been made. Such protests will be processed from Step 2 of the grievance procedure.

18.10 The term ‘Trial Period” applies to that length of time during which an employee who is reclassified to a different occupational title may be returned to his former occupational title.

18.11 The “Trial Period” applies to a length of time which has been established for each occupational title not to exceed one year. An employee who has been reclassified into a job not previously held, shall not be credited with full seniority for the purpose of establishing recall rights in his new occupational title until he has completed the trial period.

He may exercise seniority rights in his new occupational title against an employee who has less seniority. His seniority shall otherwise continue to accumulate during such trial period.

 The trial periods shall be as follows:

For the purpose of calculating the trial period for each occupational title, all time spent in a title over the previous 36—month period will be counted, excluding temporary upgrades, unless the employee previously held the position.

18.12 For purposes of this Agreement, the term “layoff” means a reduction in the number of employees in a given occupational title on a shift due to lack of work in such occupational title. In the event of a layoff, the displacement rights of employees affected are those set forth in Section 18.15 of this Agreement. It is agreed that the following situations shall not constitute layoffs and accordingly shall not be governed by the layoff provisions of this Article.

(a)        A change whereby work performed on one shift is to be performed on a different shift in which case the employees will be assigned in accordance with the provisions of Article XX.

(b)        A change in the number of employees in a given occupational title on a shift due to the promotion of one or more employees.

(C)       An employee may be temporarily laid off for good cause and for not more than two (2) calendar weeks without being subject to this procedure. Junior employees in the occupational sequence on the shift and in the department shall be the first to be affected by any temporary lay—off. When it is practicable to assign temporarily the most senior employees affected by such a temporary layoff to other available work which they are capable of performing, the Company agrees to make such assignments and the employee shall be paid his rate or the rate of the assigned job, whichever is higher. The President shall be given written notice whenever this clause is invoked.

(d)        Each layoff arising out of a cancellation of a Government contract or a cancellation of a subcontract or purchase order under a Government contract may, for one (1) week, be considered a temporary layoff, during which time the Company and the Union shall consult as to the application of this Article. The President and the affected employees shall be notified as soon as possible of any temporary layoffs and the reasons therefore.

18.13 In the case of permanent layoffs, the Company shall give to the President and the employees initially affected not less than five (5) working days’ notice of the names and occupational titles of employees initially to be affected by the layoff in the department where the layoff is to begin. Additionally, the Company will alert the same number of most junior employees in the bargaining unit of the possibility of their being affected by the initial layoff. An employee who does not exercise displacement rights will receive at least one workday’s notice before ceasing active employment.

(a)        In the event of a layoff, in a classification, the Company will consider volunteers to replace the employees affected in the initial layoff when it is determined that the efficiency of the operation id not affected. Employees may elect their status as volunteers by submitting a form to the Labor Relations office, which will take effect after seven (7) calendar days. Every effort will be made to accept volunteers by seniority. The volunteer will be entitled to all contractual rights as if he had been involved in the initial layoff, with the exception of recall rights.

18.14 For purposes of displacing less senior employees, there is a presumption (except as to security clearance) in favor of the employee’s ability to perform the work of his occupational titles in his occupational sequence, by virtue of his classification therein, except such occupational title or titles from which he has been removed by reason of inability to perform the work.

 (a)       In the event of a layoff, the employee affected may displace only an employee with less seniority in an occupation for which the employee is qualified. Employees with the same seniority date shall be laid off according to the last four (4) digits of their Social Security numbers, those with the lowest numbers to be the first laid off.

(b)        The steps in layoff listed below are to be applied in numerical order to the first point at which an employee can displace another employee. If he refuses to exercise his displacement rights at that point, he may accept separation from active employment with the right to be recalled in accordance with other Sections of this Article, provided that he will be recalled only to fill an occupational title on a shift from which he was laid off, unless he notifies the Labor Relations Department in person or by registered or certified letter that he desires to be considered for vacancies on other shifts.

(C)       An employee may continue through the steps