Labor Agreement
Between
AIRCRAFT SERVICE INTERNATIONAL GROUP / STATION 502
And
DISTRICT LODGE 160
of the
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
At
SEA-TAC International Airport
Seattle, Washington
For
RAMP AGENTS
And
GSE MECHANICS
Effective: October 1, 2002
Duration: Three Years
article 1 RECOGNITION................................................................................................................ 1
article 2 UNION REPRESENTATION.............................................................................................. 2
article 3 MANAGERIAL AND SUPERVISORY RIGHTS.................................................................... 3
article 4 UNION SECURITY........................................................................................................... 3
article 5 DEDUCTION OF UNION DUES......................................................................................... 3
article 6 no strikes –no lockouts........................................................................................ 4
article 7 NON-DISCRIMINATION.................................................................................................... 4
article 8 PROBATIONARY PERIOD............................................................................................... 5
article 9 SENIORITY..................................................................................................................... 5
article 10 HOURS OF SERVICE...................................................................................................... 8
article 11 OVERTIME..................................................................................................................... 8
article 12 PART TIME EMPLOYEES............................................................................................... 9
article 13 VACATIONS................................................................................................................... 9
article 14 HOLIDAYS.................................................................................................................... 10
article 15 uniforms................................................................................................................... 11
article 16 WELFARE.................................................................................................................... 11
article 17 SICK LEAVE................................................................................................................. 12
article 18 BEREAVEMENT LEAVE................................................................................................ 12
article 19 JURY DUTY.................................................................................................................. 12
article 20 401k PLAN................................................................................................................... 13
article 21 LEAVES OF ABSENCE................................................................................................. 13
article 22 GRIEVANCE PROCEDURE AND ARBITRATION.............................................................. 14
article 23 Safety and health.................................................................................................. 17
article 24 general and miscellaneous................................................................................ 17
article 25 Wages........................................................................................................................ 18
article 26 savings clause........................................................................................................ 18
ARTICLE 27 DURATION OF THE AGREEMENT ……………………………………………
AGREEMENT
WHEREAS the parties have been by negotiations and collective bargaining, reached a complete agreement on wages, hours of work, working conditions, and other related, negotiable subjects to be incorporated into a new Labor Agreement, which shall supersede all previous verbal and written agreements applicable to the employees in the bargaining unit defined herein which may have existed between the Employer and the Union.
THIS AGREEMENT made and entered into this 19th day of September, 2002, by and between Aircraft Service International Group, hereinafter referred to as “Company” or “Employer” and District lodge 160 on behalf of local lodge 1103 of the of the International Association of Machinists, hereinafter referred to as the “Union”.
It is the general purpose of this Agreement to assure the continuous, harmonious, economic, and profitable operation of the Employer and to protect and preserve the jobs, wages and benefits afforded to the employees represented by the Union for the duration of this collective bargaining contract. On furtherance of these mutual interests and in consideration of the promises and agreements hereinafter stated, the parties agree that the following conditions of employment will govern the employment of those individuals employed at the Employer’s facilities covered by this Agreement.
1.1. The Company recognizes the Union, as the exclusive representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of work and other conditions of employment.
1.2.
The Bargaining Unit shall be defined in accordance with the NLRB Case Number 19-RC-13724, dated December 31, 1998 and shall include all full time and regular part time ramp agents and GSE Mechanics employed by the employer at it’s SEA-TAC WA. Facility, but excluding all office clerical employees, sales and professional employees, guards and supervisors as defined in the ACT.
1.2 The Company agrees that all work normally performed at SEA-TAC involving the maintenance,
Inspection, repair, including the maintenance of all ground equipment and facilities used in connection with the operation of aircraft and equipment owned or operated by the Company, is recognized as coming within the jurisdiction of the Union when performed by employees of the Company, and is covered by the provisions of this Agreement.
1.3 With respect to work normally performed by the bargaining unit, the parties agree that the company shall have the right to (1) continue to contract out work heretofore customarily contracted out; (2) contract out work when, in the judgment of the Company, its facilities are inadequate or personnel are not sufficient or available, or when such work can be performed more economically; provided further, however, that no such contracting out in the latter situation shall be done to avoid the provisions of this Agreement. The Company will be willing to meet with the Union to give reason for such subcontracting if the Union requests a meeting. The foregoing does not apply to work not normally performed by the Bargaining Unit.
ARTICLE 2 UNION REPRESENTATION
Due to Security restrictions on the Airport, it is the responsibility of the Union to have proper authorization/clearance from the Seattle Port authority to be at the Employers work site. The Employer will continue to provide escort when necessary, providing advance notice is given when possible.
2.2 The Union shall have the right to designate one employee as Shop Steward for each thirty-five (35) employees in the bargaining unit. However, the minimum number of Stewards allowed shall not be less than two (2).
The Union agrees to supply the Employer a list of Shop Stewards in writing. The Employer agrees to recognize employees as reported by the Union as Shop Stewards. The Union will further identify in writing the Chief Steward who will be the Employer’s primary point of contact. It is understood that the Employer may contact the Business Representative directly.
2.3 It is agreed that the Stewards shall have the right to call in the Union Business Representative
directly.
2.4 It is agreed that the Company and the Union will make every effort to keep to a minimum the actual time spent in disposing of disputes or grievances.
2.5 When the Stewards(s) are required to leave their workstation for necessary Union business, they will request permission from their immediate supervisor or his/her designee before leaving their workstation, and will again report to him/her upon their return. It is understood that no Union business will be conducted in the presence of customers.
2.6 The Chief Steward shall be allowed time off without pay for the purpose of attending official Union meetings, so long as such attendance does not disrupt business operations and advance notice is provided.
3.1
The right to manage the Employer’s business and direction of its employees, including, but not limited to, the right to plan, direct and control the operation, the right to hire, promote, suspend or discharge for just cause, to assign to jobs and the work assignments of employees, to transfer employees within the facility, to increase or decrease the working force, to establish safety rules and rules of conduct, is vested exclusively in the Company, provided that nothing herein will be used against employees for the purpose of discrimination or to avoid any of the provisions of the agreement. Members of Management and/or Supervisors shall be allowed to perform bargaining unit work for brief and occasional periods for instruction and services purposes or if the need arises to assist employees in their working duties, when in Management’s opinion it is necessary.
It is understood that the use of management or supervisors doing bargaining unit work would in
no event be done to avoid the payment of overtime to bargaining unit members.
4.1. As a condition of employment, all full time and regular part time employees shall become members of the Union thirty (30) days after the date of hire and remain members in good standing during the term of this Agreement.
4.2. The Company will, within five (5) working days after receipt of notice from the Union, discharge any Employee who is not in good standing in the Union as required by 4.1 above. The term “good standing” shall not include more than the obligation to pay all periodic dues and initiation or reinstatement fee uniformly required as a condition of acquiring are retaining Union membership.
5.1 Upon receipt of a signed authorization form the employee involved, the Company shall deduct from the employee’s paycheck the initiation or reinstatement fees and dues payable by him/her to the Union during the period provided in said authorization.
5.2 Deductions shall be made on account of initiation or reinstatement fees from the first paycheck of the employee after receipt of the authorization. Deductions shall be made on account of Union dues from the first paycheck of the employee in each month.
5.3 Deductions provided for in 5.2 shall normally be remitted to the Financial Secretary of the Union no later than the last day of the month in which it is deducted. The Company shall furnish the Financial Secretary of the Union monthly with a record of social security numbers and names of employees for whom deductions have been made and the amount of the deductions. In the event a deduction is not made on one (1) or more consecutive payroll deduction dates due to the lack of earnings or insufficient earning by the employee, then on the next regular payroll deduction date that the employee has sufficient earnings, a double deduction shall be made and deductions will be made each subsequent payroll period until such employee is in good standing.
5.4 The Union agrees that it will indemnify and save the Company harmless against any and all claims, demands, suits or any other form of liability that shall arise out of, or by reason of, action taken by the Company in complying with the foregoing provisions of Articles 4 & 5.
5.5 The parties agree that check-off authorizations shall be on a form provided by the Union, and attached as Exhibit (1).
5.6 The Company shall furnish to the Union, monthly, a list of all new employees, a list of employees within the bargaining unit who are recalled or those employees who leave the employ of the Company for any reason.
ARTICLE 6 NO STRIKES-NO LOCKOUTS
6.1 During the life of this Agreement there shall be no strike, slowdown, sit-down, stay-in, boycott, sympathy strike, picketing, work stoppage or any other type of interference of any kind, coercive or otherwise, with the Company’s business by the Union, any of its officers or representatives, or any individual employee, and further, the Union will do everything in its power to prevent its members, officers, representatives, and employees, either individually or collectively, from participating in any unauthorized strike, work stoppage, slowdown or other activity aforementioned, including, but not limited to, publicly disavowing such action and ordering all such officers, representatives, employees, or members who participate in such unauthorized activity to cease an desist from the same immediately and to return to work, along with such other steps as may be necessary. The Company may impose disciplinary measures. The Company agrees not to lockout, or cause to be locked out an employee covered under the provisions of this agreement. Grievance and Arbitration procedures being herewith set forth for the settlement of disputes and differences in the interpretation and execution of this Agreement.
7.1
The Company will not interfere with, restrain or coerce the employees covered by this agreement because of membership in, or activity on behalf of, the Union. The Company will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this agreement because of membership in, or activity on behalf of, the Union, nor will it discourage or attempt to discourage membership in the Union or attempt to encourage membership in another Union.
7.2
The Company agrees that it will not discriminate against any applicant for employment or any present employee because of race, color, religion, sex, national origin or occupationally irrelevant physical handicaps.
7.3
An individual who feels he/she is being subject to sexual, ethnic and other forms of impermissible harassment or discrimination is encouraged to take his/her complaint to the General Manager or his/her designee for resolution first, before seeking external remedies.
9.1 Merit and ability being equal, seniority shall be the sole determining factor in case of layoffs and call back of employees. The Employer will furnish a seniority roster and keep it current; or if any changes occur, they shall be listed within thirty (30) days. The Employees Station seniority date shall be the most recent date of hire into the bargaining unit.
Seniority under this agreement shall be recognized in two separate categories:
A) Station Seniority
Station Seniority shall be defined as the length of continuous service with the Company at this station subject to ability to perform the work in the job. In the case of employees who have worked for the company in the past, Station service shall be measured form their most recent date of hire.
B) Classification Seniority
Classification Seniority shall accrue form the date of entering a classification on a regular assignment, subject to other provisions herein. The date of entering classification shall be established as one (1) day after the closing date of the bid for seniority purposes only. The work classifications to be recognized for seniority purposes shall consist of:
1-Mechanics
2-Fuelers
Vacation bids shall be based on Station Service.
Shift bid shall be based on Classification Seniority.
9.2 If an Employee changes classifications he/she shall continue to accrue seniority in the former classification for a period of ninety (90) working days. During that Ninety (90) working day period, if the employee is found by the Employer to by unable to perform the duties of the new classification in a satisfactory manner, he/she will be returned to the former classification without any loss in seniority. Likewise if the Employee decides to return to their former classification during the first ninety (90) working days period, he/she shall do so without any loss of seniority. After ninety (90) working days in the new classification the Employee shall forfeit all seniority in the former classification.
9.3 Probationary Employees, if retained in the service after the probationary period, the names of such employees shall then be placed on the seniority list for their respective classification in order of the date of their original hiring. To decide the position of tow or more employees on the seniority list whose hiring date or date of entering a classification is the same, the following procedure will be used in the sequence as outlined below:
1) Date of entering classification.
2) Alphabetically by last name.
9.4 Employees covered by this Agreement shall lose their seniority status and their names shall be removed form the seniority list under the following condition:
1) He/She quits or resigns;
2) He/She is discharged for cause;
3) He/She is absent from work for three (3) consecutive workdays without properly notifying his/her Company supervisor or designee with a satisfactory reason for the absence;
4) He/She does not inform the Company in writing of his intention to return to the service within three (3) days of receipt of notice offering to re-employ him/her;
5) He/She does not return to the service of the Company or respond to the company within 7 days of receiving the notice on or before the date specified in the notice from the company offering him/her reemployment.
6) Layoff for twelve (12) consecutive months;
7) He/She spends more than one hundred eighty (180) calendar days in a supervisory position;
8) He/She is on medical leave or injury leave for more than three hundred and sixty five (365) calendar days in a thirteen (13) month period. The Company must notify the employee in writing at two hundred and seventy (270) calendar days and again at three hundred thirty (330) calendar days of this provision with a copy to the Union;
9) All notices required to be sent shall be sent by registered mail, return receipt requested, to the employee at the last address filed by him/her with the Company.
9.5 Employees in the employ of the Company, who have become unable to handle the duties of their job classification, will be permitted to bid into any opening in another job classification in which, they are qualified to perform the duties.
9.6 When it becomes necessary to reduce the working force at this station, seniority as written above will govern, provided the remaining employees have the ability to perform the required work. Where the Company has five (5) working days notice of the work curtailment, the Company will give five (5) working days notice to employees affected before any reduction is made, and a list of those to be laid off will be furnished to the local Business Representative. Where the Company has less than five (5) working days notice, notice will be given to the Chief steward as soon as it is received by the company.
9.7 Whenever the number of employees in any classification is to be reduced, the reduction shall be by classification, in the inverse order of seniority, in the jobs in which the reduction is to occur, provided the remaining employees have the ability to perform the required work. Any employee who is given notice that he/she is to be laid off, or any employee who is being displaced by another employee, must exercise seniority in the highest classification in which he/she holds seniority. Part time employees will be laid off before full time employees, however, full time employees will be given a choice to be laid off or accept a part time position with applicable benefits.
9.8 Regular full time employees who are laid off for lack of work and who advise the company in writing of their desire for such part time work as may be or become available in a classification, in which they have been laid off, will be given preferential consideration, for available work, for which they are qualified. However, should an employee decline such part time work when offered, he/she shall be given no further consideration for such part time employment until he/she once again provide’s notice, in writing, to the Company of their desire for part time work.
9.9 When it becomes necessary to recall employees from lay off it shall be done in seniority order by classification. Employees shall retain recall rights for a period of twelve (12) months.
9.10 Employees who are promoted to supervisory positions outside the bargaining unit covered under this Agreement shall continue to retain and accrue seniority for a maximum of one hundred eighty (180) calendar days. In the event any such employee is returned to the bargaining unit by the company, or voluntarily desires to return to the bargaining unit during such one hundred eighty (180) day period, he/she shall be entitled to exercise both his/her retained and accrued seniority.
If they are retained on the job after the one hundred eightieth (180) day, their name shall be removed from the seniority list. During this one hundred eighty (180) day period, the employee shall maintain his good standing membership in the Union.
9.11 Management will post the various shifts available to the employees for work seven (7) working days prior to the shift change, when possible. Seniority will be the sole determining factor insofar as shift preference and employees will affix their signature by seniority to the shift they select. This shift selection will be posted a minimum of at least annually, but management will have the option to post it more frequently should the airline schedule require a realignment of the shifts.
9.12 The Employer may deny a senior employee from bidding an open shift for a maximum of six (6) weeks while the Employer trains a new employee. After this time the senior employee may bid the open shift and then another employee may bid the shift left open by the senior employee. After these two moves, the company may assign an employee to the shift left open by the second move.
9.13 New employees hired by Employer will to work any shift of management's choosing for
the first ninety (90) days of employment and the Employer may assigned their first permanent
shift. After which they will bid their shifts according to seniority like the other employees.
9.14 The Employer may deny shift preference for a period of ninety (90) days in order to maintain a balance of experienced employees on a shift. During this probationary period, the company will evaluate the employee’s effectiveness in the new position and if it is determined at the option of the Employer, that the employee is unable to fulfill the duties and responsibilities of the new position. The employee will return to the former position.
9.15 Merit and ability being equal, seniority will prevail on all promotions. Employees will be promoted based on full-time seniority and will serve a thirty- (30) day probationary period in the new position. During this probationary period, the company will evaluate the employee’s effectiveness in the new position and if it is determined at the option of the Employer, that the employee is unable to fulfill the duties and responsibilities of the new position, the employee will return to their former position. The Promotion probationary period may be extended by mutual consent of the parties.
10.1 The Fulltime employee's workweek shall normally consist of forty (40) hours spread over a seven (7) day period. Two (2) or three (3) consecutive days of rest will be given. This can be changed by mutual agreement between the Employer and the Union). The workday shall be considered to be eight (8) consecutive hours or ten (10) consecutive hours of service, exclusive of a meal period, depending on which schedule the employee successfully bids five (5), eight (8) hour shifts of four (4), ten (10) hour shifts).
10.2 Full time employees who report to work each day and work as required by his department’s schedule, shall be guaranteed forty (40) hours.
10.3 Consecutive Hours: No employee shall be permitted to work in excess of sixteen (16) hours consecutively and after having worked sixteen (16) hours, shall not be recalled to duty without first having been accorded eight (8) consecutive hours of relief except in cases of extreme emergencies.
10.4 All employees will be given a thirty (30) minute unpaid meal period as close as possible to their mid-shift.
10.5 In the event an hourly paid employee on the active payroll reports to work on such employee’s regular shift within the standard work week without previously having been notified not to report, such employee shall be paid four (4) hours straight time pay; provided, however, that if work reasonably within the employee's capacity to perform is available, such employee will be required to perform such work to qualify for the four (4) hours straight time pay. No pay shall be granted under this Section where work is not available by such reasons as, including, but not limited to, dismissal for just cause, an Act of God, fire, flood, power failure, or Airport closure.
An employee shall be considered to have been requested to report at his regular shift unless notified by an authorized Employer representative to the contrary at the close of the previous day’s work.
10.6 An employee who has clocked out and who is called back to work after the termination of his/her regular shift shall receive a minimum of four (4) hours work or four (4) hours pay at the applicable rate of pay.
ARTICLE 11 OVERTIME
11.1 All employees working over forty (40) hours during any workweek shall be paid at the rate of time and one half (1½) for all hours worked above 40 hours. All employees shall receive time and one half (1½) for all hours worked over eight (8) hours and/or ten (10) hours in a day, depending upon which work week has been bid by that employee.
11.2 Those employees working an eight (8) hour day will receive overtime pay at the rate of time and one half (1½) for all hours worked on the sixth (6th) consecutive day worked and double time (2x) for all hours worked on the seventh (7th) day worked in an employee’s work week.
Those employees working a ten (10) hour day will receive overtime pay at the rate of time and one half (1½) for all hours worked on the fifth (5th) consecutive day worked and double time (2x) for all hours worked on the sixth (6th) and seventh (7th) day worked in an employee’s work week
11.3 Overtime shall be distributed as equally as possible for all employees in a classification. Leads will be included in the basic classification for overtime purposes. The Union recognizes that due to the nature of the Employer's operations, overtime is periodically a mandatory requirement; however, the Employer will take every possible means, within reason, to eliminate employees working overtime against their wishes.
11.4Mandatory overtime requirements anticipated by the Employer to be less than four (4) hours would be administrated in the following order:
A. To those employees within the affected classification working on that shift.
B. If the Employer is unable to satisfy overtime requirements through one (1) above, overtime shall be offered to employees within the affected classification assigned to the on coming shift.
If the Employer is unable to satisfy overtime requirements through two (2) above, a pool of all remaining available employees within the affected classification shall be referred to for overtime requirements.
ARTICLE 12 PART TIME EMPLOYEES & SEASONAL EMPLOYEES
12.1 It is recognized that the nature of the Employer’s operation is such that it requires the employment of regular part time and Seasonal employees to perform specific jobs, which arise, and to meet the peak workloads, which occur. It is not the intent of the company to employ regular part time or seasonal employees for the sole purpose of avoiding the employment or continued employment of regular employees from whom full time work requirements exist under the regular work schedules or avoid other provisions of this agreement. Part time employees shall work thirty-two (32) hours or less per week. Full time employees must work a minimum 32 hours per week. Seasonal employees may be employed for up to 40 hours per week, but may not be employed for more than four (4) months of continuous service.
13.1 After one (1) year of continuous service, a full time employee shall receive one (1) week of vacation.
After two (2) years of continuous service, a full time employee shall receive two- (2) week’s vacation.
After six (6) years of continuous service, a full-time employee shall receive three- (3) week’s vacation.
After fourteen (14) years of continuous service, a full-time employee shall receive four- (4) week’s vacation.
13.2 The Employer shall have the right to schedule vacations of employees requesting the same
vacation period so as not to interfere with efficient operation of the business
13.3 An employee must take all vacation time before the end of the anniversary year following the anniversary year in which the vacation is earned. In the event the full time employee does not take his vacation, at the request of management, then the employee shall be paid for such vacation period.
13.4 Holidays occurring during a full time employee's scheduled vacation period shall not be
charged against vacation time.
13.5 Part time employees will accrue vacation at fifty (50) percent.
14.1 The following days shall be observed as holidays:
New Year's Day Labor Day
Presidents Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
Three (3 ) Floating Holidays
· All eligible employees are restricted to using one Floating Holiday between October 1st. and December 31st. unless the employee’s Floating Holidays are pre approved in conjunction with the Employee’s vacation.
· There will not be any carry over of floating Holidays.
· During the first year of employment all employees hired before July 1st. will be entitled to 2 floating holidays, all employees hired after July 1st. will to entitled to 1 floating holiday.
14.2 Each employee required to work on any of the above mentioned holidays shall be compensated by the payment of two and a half times (2½x).
14.3 Those employees whose scheduled day off falls on a holiday will celebrate the holiday on their next scheduled day worked, and shall be compensated by the payment of two and a half times (2½x).
14.4 Any employee absent the last scheduled workday before and/or after a scheduled holiday shall not receive the holiday pay. Employees scheduled to work on a Holiday and that Holiday is not worked, the employee will not be paid for that Holiday. Unless such absence is the result of an illness verified by a Doctor.
14.5 Part time employees will receive holiday pay for only those hours actually worked on a holiday.
15.1 In the event the Employer requires the wearing of uniforms, it is agreed that the Employer shall furnish uniforms and maintenance them. The employee agrees to take good care of such uniforms and not wear them except in the course of his working hours, meal times excepted.
15.2 Employer will provide and replace, as wear and tear demands, the following items: uniforms, parkas, rain gear, flashlight and hearing protectors. Should the employee lose any of the above items, through their own negligence, they will replace it at their expense. Employer will provide fuel resistant gloves and parkas with hoods to all employees requiring them. Should any employee wish to wear an upgraded glove, they will do so at their own expense. Employer will provide rubber latex gloves to all GSE Mechanics.
15.3 The Company at its option may require bargaining unit employees to clean and maintain their uniforms. If required to clean and maintain their uniforms the Employee will be paid an allowance of six (6) dollars per week towards the cleaning of their uniform.
The Employer shall continue provide the current or comparable Group Insurance Policy covering hospitalization and medical care under the limits of the policy for all full times employees (after six- (6) month’s continuous full time service).
All eligible employees who are employed on the effective date of this agreement will contribute Twenty dollars ($20.00) per month towards the cost of their own Group Medical Insurance Policy. In the event the employee desires to have employee's dependents covered under the terms and limits of the policy pertaining to dependents, then employee shall notify Employer in writing of his/her desire to have said employee's dependents covered. The employee will contribute ninety dollars ($90.00) per month towards the cost of insurance for the employee and one dependent. The employee will contribute one hundred twenty five dollars ($125.00) per month towards the cost of insurance for the employee and their family.
The Employer shall provide Dental Insurance for all full time employees (after six- (6) month’s continuous service) at Employer's expense. In the event employee desires to have employee's dependents covered under the terms and limits of the policy pertaining to dependents, then employee shall notify Employer in writing of his/her desire to have said employee's dependents covered. However, employee shall pay for the cost of the dental coverage for employee's dependents.
The Employer will provide life insurance to each full time employee (after six- (6) month’s continuous service) in an amount equal to ten thousand dollars ($10,000.00), at the Employer's expense.
17.1 Employees will accrue sick leave at the rate of one (1) day per month of active service beginning with the date of employment, but will not be eligible for sick leave benefits during the first three (3) months of employment.
17.2 Sick leave may be accrued by an employee up to a maximum of seventy five (75) days.
17.3 Sick leave pay is intended to reimburse an employee for loss of regular pay during absence due to sickness or injury. It is not intended for other purposes and will not be paid for such other purposes. Unused accruals are not paid at the time of separation from the Employer. There will be a two (2) day waiting period for sick leave pay for all employees, with less than a 35-day sick day balance. During this waiting period, the employee will not be paid even though his or her absence may be due to sickness or injury. If any employee is hospitalized as a result of sickness or injury or if an employee is ill for five (5) days or more and verifies the illness with a doctor's certificate, there will be no waiting period for sick leave pay.
17.4 Employer, at their option, can request a doctor's certificate to verify employee's illness and if not received from the employee, Employer will have the right to reject the payment of any sick pay benefits.
18.1 In the event of a death in the immediate family, any employee who has completed his probationary period shall be allowed time off with pay for a period of three (3) successive days on which the employee would have otherwise worked.
18.2 Immediate family is defined as the employee’s legal spouse, mother, father, son, daughter, sister, brother, father-in-law, mother-in-law, brother in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren.
18.3 EMPLOYER may require proof (i.e. Death Certificate or Obituary Notice) regarding deceased.
20.1 The EMPLOYER will provide a 401k Savings Program for all full-time Employees after one (1) year of continuous service. Plan description and parameters will be issued to each Employee when they become eligible.
21.1 PERSONAL LEAVE: An employee will be allowed a maximum of thirty (30) calendar days, without pay, for Personal Leave if:
A. He/she requests the Leave in writing from local management, who believes the Leave is for a good cause and will not interfere with the local operation. If the employee obtains another job during the Leave without prior approval of local management the employee will be considered as having quit.
B. The UNION will be notified of all Leaves granted under this section.
21.2 The Company shall grant employees accepting full time employment with the Union or elected to positions in the service of the government of the Union states or any political subdivision thereof, an indefinite leave of absence.
An employee on leave of absence for this purpose shall retain and continue to accrue seniority, but shall have no other employee benefits. Thirty (30) days after expiration of his/her term of office, the employee shall report for work or forfeit his/her seniority and his/her employment and all seniority shall terminate. No more than one (1) employee at a time shall be on a leave of absence under this Article.
21.3 Employees covered by this Agreement shall, upon returning from authorized leave of absence or extensions thereof be retuned to the job held when leave was granted. If the job held prior to the leave of absence no longer exists, the employee may be assigned to any other job in his/her classification for which he/she qualifies.
21.4 An employee covered by this Agreement who engages in gainful employment for himself/herself or someone other than the company while on leave of absence without prior written permission form the Company and the Union, except employees on special assignments in the interest of the Company, shall be discharged.
21.5 The Chief Steward will be allowed to attend the regular monthly Local Union meetings without pay, based on no overtime being required to replace them.
21.6 The provisions of the uniformed Services Employment and Re-Employment Rights Act. Of 1994 shall govern the re-employment and seniority status of any covered employee, who, while in the active service of the Company,
21.7 Consistent with the requirements of the Company’s insurance carrier, employees who have granted leave of absence have the option of electing to self-pay their company medical insurance premiums.
21.8 FAMILY MEDICAL LEAVE:
Both the Company and the Union agree to follow the companies “Family Medical Leave Plan”. Exhibit (2)
21.9MEDICAL LEAVE OF ABSENCE
A) An employee will be granted a Medical leave if ordered in writing by a Doctor. The Employer may, at its option, require the employee to be examined and evaluated by its own Doctor for verification purposes.
B) If the employee obtains another job during the Leave without prior approval of local management, the employee will be considered as having quit.
21.10 FAILURE TO RETURN FROM LEAVE:
Any employee granted a Leave under any provisions of this Article, who does not return to work upon the expiration of the Leave (unless extended in writing) shall be deemed to have terminated employment, unless sufficient cause is produced by the employee.
21.11 Both the Company and the Union agree to follow the companies “Return to work Policy”. Exhibit (3)
ARTICLE 22 GRIEVANCE PROCEDURE & ARBITRATION
22.1 PROEDURES FOR HANDLING GRIEVANCES
1. For the purpose of this Agreement, the term "grievance" means any dispute between the Company and the Union or between the Company and any employee of the Company. The Company shall have the right to discharge or discipline an employee for cause.
2. Any such grievance shall be settled in accordance with the following grievance procedure:
Step 1: Any employee having a complaint or grievance in connection with the terms of employment, application of this Agreement, working conditions or discipline other than suspension or discharge, will, with the Steward, discuss the matter with the employee's Manager. Such complaint or grievance must be presented within three (3) working days of the date the employee knew or could reasonably be expected to have known of the circumstances giving rise to the complaint or grievance and the Manager will respond to the employee within forty eight (48) hours after such discussion.
Step 2: If the decision in Step 1 is not satisfactory, the employee may within five (5) working days after Step 1 decision, appeal the complaint or grievance in writing to the General Manager or designee. If the employee does not submit the grievance within five (5) working days of the alleged occurrence, said grievance shall be adjudged dissolved. The General Manager shall conduct a hearing with the employee and the Union Representative within seven (7) working days after the date of the Step 2 appeal. The General Manager will render a written decision to the employee and the Union Representative within four (4) working days after the adjournment of the hearing.
Step 3: If the decision in Step 2 is not satisfactory to the Union, the matter, within thirty (30) working days after receipt, may be referred by the Union to arbitration in accordance with the terms of Section 22.2 of this Article.
22.2 ARBITRATION
Any grievance which has not been settled pursuant to Section 1 of this Article and which involves the interpretation or application of a specific clause or clauses of this Agreement may be referred to arbitration. Unless the party seeking to have the grievance referred to arbitration has delivered to the other written notice to that effect within thirty (30) working days after failure to conclude the grievance under Article 22, Section 1, Step 2, such grievance shall be deemed to be waived.
If the Employer and the Union fail to agree upon an arbitrator, they may request the Federal Mediation and Conciliation Service to submit a list of five (5) persons within the State of Washington, from which the arbitrator shall be chosen. The Union and the Employer shall alternately strike one (1) name from such a list (the right to strike the first name having been determined by lot) until only one (1) name remains and that person shall be the arbitrator.
The arbitrator shall have the authority to interpret and apply the provisions of this Agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employee.
The parties shall pay the arbitrator hereto. The compensation and expenses of the arbitrator and arbitration shall be divided equally, provided, however, that each party shall bear the expenses with respect to its own witnesses and that the cost of any report or transcript shall be divided equally only if furnished by mutual consent. Each party shall pay one half (1/2) of the aggrieved employee's time lost from work for appearance at the arbitration proceedings, providing such individual is an active employee of the Employer at the time of such proceedings.
22.3 Procedures for Suspension and Discharge:
A. Suspension: A non probationary employee shall not be assessed a disciplinary suspension until given the opportunity to discuss with a Union Representative the circumstances involved and to attend an investigation meeting with a representative of the Union, conducted by the Station Manager, who shall present a written statement to the Union Representative of the precise charges and the penalty imposed, if any. The employee and the authorized Union Representative will be advised of the purpose of this investigation before it is convened.
B. Discharge: A non-probationary employee shall not be discharged without a fair investigation hearing (no hearing will be conducted without the presence of duly authorized Union Representative) before a designated representative of the Employer, other than the one bringing the complaint against the employee. In the event operational circumstances are reduced to a level making this procedure impractical, the designated representative of the Employer may be required to issue the complaint and conduct the required hearing. If an employee is discharged, the Employer will advise the employee and/or the duly authorized Union Representative in writing of the precise charge or charges preferred against the employee not later than three (3) working days from the time of the discharge.
An
investigation hearing will be held not later than five (5) consecutive days
after the employee and the Union is notified of the precise charges. Prior to
the hearing, the employee and the duly authorized UNION Representative
will be given a reasonable opportunity to secure the presence of necessary
witnesses. A written decision normally will be issued within three (3) working
days after the close of the hearing. A copy of the notification of the decision
of the discharge hearing is to be given to the Union Representative and a copy
mailed to the employee postmarked normally not later than three (3) working days
after the close of the hearing. If, in the opinion of the UNION, the decision
is not satisfactory, then appeal may be made in accordance with the procedure
prescribed in Step 3.
22.4 GENERAL
A. The Employer or the Union will not discriminate against any witnesses called to testify in any hearing or investigation under this Agreement.
B. Except as specifically provided in this Article, all hearings, meetings and investigations will be conducted during regular day shift working hours insofar as possible.
C. Probationary employees are Not covered by Articles 9, 13, 16,17, 18, 19, 21, 24.1, of this Agreement and do not have recourse to the grievance procedure in the event of discharge within the probationary period.