AGREEMENTS - LaborPains.orgemployee and labor relations matters; and other repre-sentatives of...

377
AGREEMENTS between UAW® and the FORD MOTOR COMPANY Volume I Agreements Dated November 3, 2007 (Effective November 19, 2007) Includes Administrative Corrections

Transcript of AGREEMENTS - LaborPains.orgemployee and labor relations matters; and other repre-sentatives of...

  • AGREEMENTSbetween

    UAW®

    and the

    FORD MOTOR COMPANY

    Volume I

    Agreements Dated

    November 3, 2007

    (Effective November 19, 2007)

    Includes Administrative Corrections

  • printed on recycled paper PRINTED IN U.S.A.

  • NOTE:This booklet (Volume I) is being presented to you so that youmay know the terms of the agreements negotiated betweenthe UAW and the Company November 3, 2007, and certainother information which may be of interest.Specifically, the following material is presented in the ordergiven:

    1. Collective Bargaining Agreement and Appendices A,B, C* , G, H, J, K, M, N, O, P, Q, S, T, U, and V.

    2. Skilled Trades Supplemental Agreement; Exhibit I,Apprenticeship Standards; and Exhibit II, SkilledTrades Work Assignments.

    3. Letter of January 20, 1949, concerning Maintenanceand Construction Operations.

    4. Letter of October 4, 1979, concerning New DieConstruction.

    5. Settlement Agreement of May 29, 1949, as amended.6. Letters concerning Relief Allowance, dated Septem-

    ber 18, 1964; October 21, 1967; and December 7,1970.

    7. Three-Day Transfer Agreement of August 15, 1949.Portions of the Agreement reproduced here which are newor changed from previous agreements are shown in boldtype.Please note that any gender specific references in theAgreement language shall apply to either sex.Other agreements and plans reproduced in separate book-lets are: Volume II, the Retirement Agreement and Plan andthe Insurance Program; Volume III, the Supplemental Unem-ployment Benefit Agreement and Plan, the Profit SharingAgreement and Plan, the Tax Efficient Savings Agreementand Plan, and the UAW-Ford Legal Services Plan; andVolume IV, the Letters of Understanding.We hope you will find this booklet helpful.

    BOB KING MARTIN J. MULLOYVice President and Director Vice PresidentUAW, National Ford Department Labor Affairs

    * Such an Appendix is a part of each local seniority grouping agreement;there is no Appendix C attached to this Agreement.

  • Collective Bargaining Agreement. . . . . . . . . . . . . . . . . . . . . 6Article I, Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Article II, Union Shop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Article III, Dues and Assessments . . . . . . . . . . . . . . . . . 11Article IV, Company Responsibility . . . . . . . . . . . . . . . . 15Article V, Strikes, Stoppages and Lockouts . . . . . . . . 25Article VI, Representation . . . . . . . . . . . . . . . . . . . . . . . . . 26Article VII, Grievance Procedure. . . . . . . . . . . . . . . . . . . 46Article VIII, Seniority and Related Matters. . . . . . . . . 70Article IX, Wages and Other Economic Matters. . . . 98Article X, Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . .138Article XI, Duration of Agreement . . . . . . . . . . . . . . . . .143Appendix A, Assignment and Authorization for

    Check-Off Membership Dues . . . . . . . . . . . . . . . . . . . .146Appendix B, Five-Day Notice . . . . . . . . . . . . . . . . . . . . . .147Appendix G, Merit Increase Agreement. . . . . . . . . . . .148Appendix H, Memorandum of Understanding

    Voluntary Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150Appendix J, (Memorandum of Understanding —

    Continuous Improvement Forum) . . . . . . . . . . . . . . .166Appendix K, Memorandum of Understanding

    Temporary Part-Time Employees . . . . . . . . . . . . . . . .180Appendix M, Memorandum of Understanding

    Job Security Program - (JSP) . . . . . . . . . . . . . . . . . . .188Appendix N, Memorandum of Understanding

    Preferential Placement Arrangements . . . . . . . . . . .210Appendix O, Memorandum of Understanding

    Return to Basic Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . .221Appendix P, UAW-Ford Memorandum of

    Understanding Sourcing . . . . . . . . . . . . . . . . . . . . . . . . .224Appendix Q, UAW-Ford Memorandum of

    Understanding ‘‘Best-in-Class’’ Quality Program . .234Appendix S, UAW-Ford Memorandum of

    Understanding for the Health and Safety ofEmployees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .245

    Appendix T, Memorandum of Understanding . . . . . .272Appendix U, Memorandum of Understanding. . . . . .288Appendix V, Memorandum of Understanding . . . . . .298

    Skilled Trades Supplemental Agreement . . . . . . . . . . . . .313

    TABLE OF CONTENTSPage

    4

  • Exhibit I, Apprenticeship Standards . . . . . . . . . . . . . . . . .318Representatives and Consultant . . . . . . . . . . . . . . . . . . .318Article 1, Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .318Article 2, Apprenticeship Eligibility Requirements . .319Article 3, Credit for Previous Experience. . . . . . . . . .320Article 4, Term of Apprenticeship . . . . . . . . . . . . . . . . .321Article 5, Probationary Period . . . . . . . . . . . . . . . . . . . . .321Article 6, Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . .322Article 7, Ratios. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .323Article 8, Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .325Article 9, Wages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .325Article 10, Related Instruction and School

    Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .330Article 11, Joint Apprenticeship Committee . . . . . . .331Article 12, Plant Subcommittees of the Joint

    Apprenticeship Committee . . . . . . . . . . . . . . . . . . . . . .333Article 13, Supervision of Apprentices . . . . . . . . . . . . .335Article 14, Consultants. . . . . . . . . . . . . . . . . . . . . . . . . . . . .336Article 15, Seniority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .336Article 16, Apprenticeship Agreement . . . . . . . . . . . . .339Article 17, Certificate of Completion of

    Apprenticeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .340Article 18, Modification of Standards . . . . . . . . . . . . . .340Article 19, Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .340Appendices A-U (Shop Training Schedules) . . . . . . .341

    Exhibit II, Skilled Trades Work Assignments . . . . . . . . .348Letter Concerning Maintenance and Construction

    Work, dated January 20, 1949 . . . . . . . . . . . . . . . . . . . . .350Letter Concerning New Die Construction, dated

    October 4, 1979. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .352Settlement Agreement, dated May 29, 1949 . . . . . . . . .355Letters Concerning Relief Allowance. . . . . . . . . . . . . . . . .357Agreement dated August 15, 1949 Regarding

    ‘‘Three-Day’’ Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . .361Index to Collective Bargaining Agreement of

    November 3, 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .363Index to Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .374Index to Skilled Trades Supplemental Agreement

    and Exhibits I and II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .375

    TABLE OF CONTENTS—ContinuedPage

    5

  • COLLECTIVE BARGAINING AGREEMENTOn this 3rd day of November, 2007, at Dearborn, Michigan,Ford Motor Company, a Delaware corporation, hereinafterdesignated as the Company, and the International Union,United Automobile, Aerospace and Agricultural ImplementWorkers of America, UAW, an unincorporated voluntaryassociation, hereinafter designated as the Union, herebyagree as follows:

    6

  • ARTICLE I

    RECOGNITION

    Section 1. Recognition; ‘‘Contract Unit’’(a) The Company recognizes the Union as the exclusive

    collective bargaining representative relative to rates ofpay, wages, hours of employment, and other conditionsof employment, for all employees of the Company in theContract Unit.

    (b) The term ‘‘Contract Unit,’’ as used above and elsewherein this Agreement, refers collectively to the units ofemployees at each Company location which were actu-ally covered by the last preceding Agreement betweenthe parties as of the expiration date thereof, except forsuch changes as may be required as a result of pendingactions before the NLRB; plus such additional units ofemployees as the parties may agree to place under thisAgreement pursuant to Section 4 of this Article.

    (c) For the purposes of applying Subsection (b) of thisSection to Company locations covered by the last pre-ceding Agreement between the parties as of the expira-tion date thereof, the term ‘‘employees’’ shall be deemedat each such location to include all categories of employ-ees therein actually covered by such Agreement as ofsuch date, and to exclude all categories of employeestherein not actually covered by such Agreement as ofsuch date.

    Section 2. New Classification and DepartmentsWhen a new classification or department covering workcomparable to that done by employees covered by thisAgreement is established in a plant or parts depotcovered by this Agreement, the Union will be notifiedand negotiations will take place promptly as to whethersuch classification or department properly should be inthe included or excluded group.

    ARTICLE I RECOGNITION

    7

  • Section 3. Restrictions on Organizing CertainEmployees

    (a) The Union shall not organize, or attempt or assist in theorganization of, executive employees, supervisory em-ployees, supervisors and any other individuals havingauthority in the interest of the Company to hire, transfer,suspend, lay off, recall, promote, discharge, or disciplineother employees or responsibly to direct them or toadjust their grievances or effectively to recommend suchaction; employees engaged in work relating to time studyor other Industrial Engineering activities; employeesengaged in Human Resources activities; employees hav-ing access to confidential information pertaining toemployee and labor relations matters; and other repre-sentatives of Management.

    (b) Any dispute arising under this Section shall be appealedto the Umpire for decision, and any National LaborRelations Board proceedings to which the decision of theUmpire on such dispute may be relevant shall be post-poned by agreement of the parties until the Umpire shallhave rendered such decision.

    (c) Appeals under this Section shall be governed by theprocedure provided in Article VII, Section 9(b) of thisAgreement. Such appeals shall take precedence over allother cases, and shall be decided by the Umpire aspromptly as possible.

    Section 4. Application of Agreement to NewUnits

    If it shall be determined (by either National Labor Rela-tions Board certification or otherwise) that the Union isthe exclusive collective bargaining representative for anyunit of Company employees not covered by this Agree-ment (including a unit of employees in a new Companylocation), and if such unit comprises employees who areengaged in the production of automobiles or trucks, or theproduction and distribution of parts thereof, the produc-tion of which is not generally regarded as part of a separateindustry, this Agreement shall extend automatically tosuch new unit; otherwise this Agreement shall not extendautomatically to new units for which the Union is deter-

    ARTICLE I RECOGNITION

    8

  • mined to be the exclusive collective bargaining represen-tative, but the parties shall determine by negotiationswhether or not such new unit should be placed under thisAgreement or should be covered by separate agreement.

    ARTICLE II

    UNION SHOP

    Section 1. Requirement of Union MembershipEmployees covered by this Agreement at the time itbecomes effective and who are members of the Union atthat time shall be required as a condition of continuedemployment to continue membership in the Union forthe duration of this Agreement. Employees covered bythis Agreement who are not members of the Union at thetime this Agreement becomes effective shall be requiredas a condition of continued employment to becomemembers of the Union on or within ten days after the30th day following November 19, 2007.Employees hired, rehired, reinstated or transferred intothe Bargaining Unit after November 19, 2007 andcovered by this Agreement shall be required as a condi-tion of continued employment to become members ofthe Union on or within ten days after the 30th dayfollowing the beginning of their employment.An employee who shall tender the initiation fees (if notalready a member) and the periodic dues uniformlyrequired as a condition of acquiring or retaining mem-bership shall be deemed to meet this condition.

    Section 2. Discharge for Failure to TenderDues or Initiation Fee

    Any employee to whom membership in the Union isdenied or whose membership is terminated by the Unionby reason of his failure to tender the periodic dues andinitiation fees uniformly required as a condition ofacquiring or retaining membership shall not be retainedin the Contract Unit. No employee shall be terminatedunder this Article, however, unless:

    ARTICLE II UNION SHOP

    9

  • 1. The Union first has notified him by letter addressedto him at the address last known to the Unionconcerning his delinquency in not tendering theperiodic dues and initiation fees required under thisSection, and warning him that unless such dues andfees are tendered within seven days he will bereported to the Company for termination from em-ployment as provided herein; and

    2. The Union has furnished the Company with writtenproof that the foregoing procedure has been fol-lowed but the employee has not complied, and onthis basis the Union has requested in writing that hebe discharged.

    Section 3. State RestrictionsThe provisions of Sections 1 and 2 of this Article shall bedeemed to be of no force and effect in any state to theextent to which the making or enforcement of suchprovisions is contrary to statute or constitutional amend-ment of such state; provided, however, that whereverany such statute or constitutional amendment is de-clared by the court of last resort having jurisdiction ofsuch questions to be invalid, the provisions of Sections 1and 2 of this Article immediately thereupon will bedeemed to cover the employees directly affected by suchdeclaration of invalidity; and, provided, further, that inany state where the making or enforcement of suchprovisions is lawful only after compliance with certainconditions precedent, Sections 1 and 2 of this Articleshall be deemed to take effect as to the employeesconcerned immediately after such conditions have beencomplied with.

    Section 4. Agency ShopIn any state in which Sections 1 and 2 of this Article areof no force and effect under the provisions of Section 3of this Article, at such time as the state’s court of lastresort having jurisdiction of such questions may holdthat employees may be required to pay to the Union as acondition of employment an amount equal to the initia-tion fee and periodic membership dues in consideration

    ARTICLE II UNION SHOP

    10

  • of the Union’s expenses in acting as their collectivebargaining representative, such payments shall be acondition of employment in the same manner as mem-bership is a condition of employment as provided inSections 1 and 2 of this Article.

    ARTICLE III

    DUES AND ASSESSMENTS

    Section 1. Check-off of Membership Dues;Employee Authorization; Revocation

    The Company will deduct from the pay of each employeecovered by this Agreement, or notify the Trustee underthe Supplemental Unemployment Benefit Plan to deductas provided in the Plan from each such employee’sRegular Supplemental Unemployment Benefits, all cur-rent Union membership dues, provided that at the timeof such deduction there is in the possession of theCompany a subsisting written assignment, executed bythe employee. In the case of each employee hired intothe Contract Unit after January 1, 1974, and for anyemployee in employment prior to January 1, 1974 who islaid off after January 1, 1974 and authorizes the deduc-tion of dues from his/her Regular Supplemental Unem-ployment Benefits, the authorization shall be in the formattached as Appendix A.*Assignments currently in effect will continue effective inaccordance with their terms; provided, however, thatany employee shall have the right to revoke his assign-ment by written notice, signed by him, of such revoca-tion received by the Company by registered mail, returnreceipt requested, (1) at any time before the end of thefifth day following the day on which this Agreement goesinto effect; or (2) not more than 5 days prior to thestated expiration date of this Agreement set forth inArticle XI of this Agreement.

    * Reproduced in full beginning on page 146.

    ARTICLE III DUES AND ASSESSMENTS

    11

  • Section 2. Authorization FormsThe Company will explain the check-off arrangementsbetween the Company and the Union at the time ofhiring new employees and afford them an opportunity tosign authorization forms in the Employment Office.Previously signed and unrevoked authorizations shallcontinue to be effective as to employees whose seniorityis not broken; previous authorizations of employeesrehired shall not be considered to be effective.

    Section 3. Pay Periods in Which Deductions toBe Made

    The Company will deduct current membership dues(including such initiation fees as may be a part thereof)from the employee’s pay for pay periods ending in thecalendar month, or will notify the Trustee under the SUBPlan to deduct such dues as provided in the Plan fromthe employee’s Regular Supplemental UnemploymentBenefits, in a manner agreed upon with the Union. It isunderstood that deductions shall not be made from thefirst pay of a new employee. The initial deduction fromthe pay of an employee signing a new authorization shallbe from the second pay period following the date of hisauthorization.

    Section 4. Collection in Succeeding Months(a) Once each month, beginning with the month of January,

    1974, the International Union may submit to the Com-pany, not later than the tenth day of the month, tabu-lating cards (or magnetic tape) containing the employ-ee’s name, social security number, local union, amount ofUnion dues (including initiation fee, if any) to be de-ducted and the specified month or months (January,1974 or thereafter) for which the Union certifies that (i)the specified dues were required for such month(s)under the International Union’s Constitution and Ar-ticles II and III of this Agreement and (ii) such dues werenot deducted from wages earned in such month(s) orfrom Regular Supplemental Unemployment Benefitsequivalent to forty (40) hours’ pay received in suchmonth(s). An employee’s name shall not be submitted in

    ARTICLE III DUES AND ASSESSMENTS

    12

  • any month unless he is on the active employment rolls atthe beginning of such month.

    (b) Union dues in the specified amount shall be deductedfrom the wages of each such employee, provided he hasexecuted an Assignment and Authorization for Check-Off of Membership Dues for the month or months forwhich and in which the deduction is made. Such deduc-tion shall be made from the pay for the third pay periodending in the month, provided that the employee hassufficient earnings to cover the Union dues.

    The Company shall have no responsibility for the collec-tion of membership dues not deducted pursuant toSections 3 and 4 of this Article.

    Section 5. Deduction of Initiation FeesFor the purposes of applying the check-off provisions, itshall be presumed that reinstated and rehired employeesdo not owe initiation fees, and collection of any initiationfees from such employees shall be the responsibility ofthe Local Union. It shall be presumed that employeesbeing hired by the Company for the first time have notpreviously paid initiation fees, and such fees will bededucted as set forth in Section 3 of this Article.

    With respect to a newly hired employee who does notsign an authorization form at the time he is hired,initiation fee will be deducted only if the Local Unionsubsequently shall furnish an authorization form signedby the employee and advise the Company therewith inwriting that the employee owes an initiation fee, in whichcase such initiation fee will be deemed to become dueand payable in the pay period following receipt of suchnotice.

    The Company shall have no responsibility for the collec-tion of initiation fees not deducted pursuant to theforegoing.

    Where an initiation fee has been deducted from the payof a new employee who does not owe such fee, it shall bethe responsibility of such employee to obtain appropri-ate refund from the Local Union.

    ARTICLE III DUES AND ASSESSMENTS

    13

  • Section 6. Remittal of Deductions to LocalUnions

    All sums deducted from pay shall be remitted to theFinancial Secretaries of the Local Unions in two pay-ments, the first payment to be made as soon as availablebut no later than ten (10) days after the first pay periodin each month and the second payment, including de-ductions from the remaining pay periods of the month,to be made not later than the 10th day of the nextsucceeding month after which such deductions aremade, the same to be by them allocated and distributedin accordance with the constitution, laws and regulationsof the Union.

    Section 7. Record of Deduction for LocalUnions

    The Company and the Union shall work out a mutuallysatisfactory arrangement by which the Company willfurnish the Financial Secretaries of the Local Unionssemi-monthly a record of those for whom deductionshave been made, together with the amounts of suchdeductions. It is permissible for Local Unions and localManagement to work out a system of reporting those forwhom no deductions are made, rather than those forwhom deductions are made, where they mutually desireto do so.

    Section 8. Notice to Union of EmployeeRevocations

    The Company will advise the Financial Secretary of theLocal Union in writing of receipt by the Company of anywritten notice from an employee revoking his assign-ment and authorization to deduct Union membershipdues from his pay or Regular Supplemental Unemploy-ment Benefits. Such written advice to the Union shallidentify the employee and specify the date notice wasreceived by the Company, and shall be sent to the Unionwithin ten (10) working days of receipt of such notice.The Union shall have the right to inspect such notice andits mailing envelope within thirty (30) days from thedate the Union is sent advice of the receipt thereof, and

    ARTICLE III DUES AND ASSESSMENTS

    14

  • following the expiration of that time any objections nottheretofore made to the Company in writing to theeffectiveness of such notice of revocation shall bedeemed waived by the Union.

    Section 9. Requests for Additional DeductionsRequests to the Company by Local Unions to deductmembership dues (other than initiation fees) in excessof $1.50 each month, and notices of any increases ininitiation fees, shall be effective only upon writtenassurance to Labor Affairs of the Company from theInternational Union that such amounts are a part of themembership dues under the Union’s constitution, andhave been duly approved by the International Union.

    Section 10. Notice of Transfer to ExcludedClassification

    When an employee is transferred to an excluded classi-fication, the Company will give the Union a writtennotice of such transfer, within ten (10) working daysfrom the date of transfer, said notice to list name and oldbadge number.

    ARTICLE IV

    COMPANY RESPONSIBILITY

    Section 1. GeneralThe Company retains the sole right to manage itsbusiness, including the rights to decide the number andlocation of plants, the machine and tool equipment, theproducts to be manufactured, the method of manufac-turing, the schedules of production, the processes ofmanufacturing or assembling, together with all design-ing, engineering, and the control of raw materials, semi-manufactured and finished parts which may be incorpo-rated into the products manufactured; to maintain orderand efficiency in its plants and operations; to hire, lay off,assign, transfer and promote employees, and to deter-mine the starting and quitting time and the number of

    ARTICLE IV COMPANY RESPONSIBILITY

    15

  • hours to be worked; subject only to such regulations andrestrictions governing the exercise of these rights as areexpressly provided in this Agreement.

    Section 2. Promotions and Nonpromotional JobTransfers

    (a) PromotionsPromotions shall be based primarily upon merit andability, but where these are equal, the employee havingthe greatest seniority shall receive preference.With respect to promotions to higher paid jobs, theUnion shall be notified of the opening as far in advanceas possible. Arrangements shall be made locally bymutual agreement to establish appropriate proceduresfor posting of such openings. By local agreement, otherarrangements can be made regarding any job openings.Complaints that Management has not exercised fairnessin judging the qualifications of the available candidatesmay be processed through the Grievance Procedure.

    (b) Nonpromotional Job TransfersIt is the policy of the Company to give consideration toseniority employees who wish to transfer from oneclassification to an equal or lower rated classificationwithin the same seniority unit and plant or facility orfrom one classification to an equal or lower rated classi-fication within a department on the same shift when apermanent vacancy (which is to be filled) occurs on theclassification.Accordingly, the Company will act on applications forsuch transfers, without limitation upon the Company’sright to transfer or promote employees. With respect tononpromotional job transfers, the Union shall be notifiedof the opening as far in advance as possible.In each plant where this has not been done or where amutually satisfactory procedure does not already exist, aprocedure which gives effect to this policy will be set upand administered by the Company.An employee who has made application in accordancewith such local plant procedures shall be given prefer-ence over a recall, rehire and new hire and over an

    ARTICLE IV COMPANY RESPONSIBILITY

    16

  • employee who has not applied for the classification forthe next vacancy provided the employee is qualified todo the job. In case there is more than one applicantqualified to do the job, the applicant with the longestseniority will be given preference.An employee who has been offered and does not accepta transfer or who has transferred under the provisions ofthis Subsection will not be considered for another suchjob transfer until at least six months have elapsed fromthe date of the last offer or the effective date of thenonpromotional job transfer.Any secondary job openings resulting from filling jobspursuant to this provision may be filled through promo-tion or through transfer without regard to senioritystanding or by new hire.At any plant where the Local Union notified localManagement in writing within 30 days from the effectivedate of the 1967 Agreement, this Subsection shall not bedeemed in effect and local agreements in effect underthe Agreement dated November 23, 1964, regarding anyjob openings will continue in effect.

    Section 3. Discipline and DischargeThe Company retains the sole right to discipline anddischarge employees for cause, provided that in theexercise of this right it will not act wrongfully or unjustlyor in violation of the terms of this Agreement.In imposing discipline on a current charge, the Companywill not take into account any prior infraction whichoccurred more than 18 months previously. However, ininstances where an employee is on a medical leaveof absence of 90 days or more during the 18 monthtime period after a disciplinary action is issued,the 18 month time period will be extended by theamount of time of medical leave occurring withinthe initial eighteen months to ensure 18 months ofactive employment from the issuance of the disci-plinary action.

    ARTICLE IV COMPANY RESPONSIBILITY

    17

  • Complaints that the Company has violated this para-graph may be taken up through the Grievance Procedureprovided in this Agreement.

    Section 4. Production Standards(a) Establishment; Disputes

    The right of the Company to establish and enforceproduction standards is recognized. Such productionstandards shall be fair and equitable and shall be set onthe basis of normal working conditions, the quality ofworkmanship, and the normal working capacities ofnormal experienced operators, with due consideration tofatigue and the need for ‘‘personal’’ time.When a production standard is established and is notdisputed, or is disputed and settled, the element timesshall remain unchanged and not subject to disputeunless and until the operation is changed as a result ofchange in method, layout, tools, equipment, materials orproduct design.When a study is to be made for the purpose of establish-ing a standard the employee on such job shall be notifiedat the time the study is to be made. When a study ismade for purposes other than establishing a standard,the purpose of the study will be made known to a Unionrepresentative if he requests it.The provisions of the strike Settlement Agreement ofMay 29, 1949, as amended,* and the rules for manningmoving assembly lines established by the arbitrationaward of July 8, 1949, shall apply to assembly lineoperations like those covered by such Settlement Agree-ment, unless other arrangements have been or aremutually agreed to through local plant negotiations.The vehicle assembly plants will maintain procedures toprovide advance knowledge of mix changes which re-quire compensating adjustments. Management will des-ignate specific offline operations from which manpowerwill be made available when increased manpower isselected as a means of adjusting for a mix change. Upon

    * (The relevant provisions of this Agreement are reproduced beginning onpage 355 of this booklet.)

    ARTICLE IV COMPANY RESPONSIBILITY

    18

  • request, Management will advise the Union of the ar-rangements made.On line operations relief men will be designated to makerelief available at all times and in a ratio to provide eachemployee with at least 24 minutes of actual personalrelief per 8 hour shift.

    In determining the number of relief men required for thispurpose, the Company shall take into account suchfactors that may be involved in relief assignments aswalking unusual distances from station to station, thesecuring of special tools, clothing or equipment, thenecessity of washing up prior to relieving the nextoperator and the factor of time slippage involved in a tagrelief system.

    Detailed implementation of the general rules stated inthe foregoing paragraph is to be worked out locally, withthe understanding that:

    (i) where the Local Union so requests, such implemen-tation shall regularly be made on the basis that relieffor up to one hour at the start of the shift and up toone-half hour after lunch will not be required exceptin emergencies;

    (ii) it shall not be deemed to affect any existing arrange-ments for relief based on environmental factors inaddition to that required for personal time;

    (iii) it shall not interfere with any mutually satisfactorylocal practice or agreement; and

    (iv) it shall not be deemed to affect the allowanceapplicable to certain operations as set forth in theCompany’s letters to the Union dated September 18,1964, October 21, 1967 and December 7, 1970* .

    It is recognized that disputes on production standardsshould be resolved at the plant level wherever possible.The Union may designate a qualified person in eachBargaining Unit who, upon his request, in the event of awork standards dispute, will be advised as to the workcontent which is the basis of the particular productionstandard.

    * Reproduced in full beginning on page 357.

    ARTICLE IV COMPANY RESPONSIBILITY

    19

  • The Union shall have the right to process grievances ondisputed production standards through the procedureprovided therefore by Article VII, Section 23 of thisAgreement.

    (b) Enforcement; DisciplineWhen a standard is not established, an employee who isfollowing the prescribed method and using the toolsprovided in the proper manner and performing at anormal pace will not be disciplined for failure to obtainan expected amount of production.On being assigned to a job for which a productionstandard has been placed in effect, the employee shall beadvised by the Supervisor as to what such standard is.Production standards now in effect and productionstandards as they are arrived at will be made available forinspection by the Committeeperson.Continued failure, or refusal, of an employee to produceon the basis of such production standards shall beconsidered due cause for discipline, including discharge,unless the failure is due to causes beyond his control.Circumstances affecting the time of performance of aparticular job that were not taken into account inestablishing a production standard are known as non-standard conditions. When such nonstandard conditionsexist which adversely affect the operation and arebrought to the attention of Management, an employeewho is following the prescribed method and using thetools provided in the proper manner and performing at anormal pace will not be required to obtain the expectedamount of production.No employee will be disciplined for failure to perform inaccordance with production standards unless he hasbeen advised at least four days in advance as to whatsuch production standard is. When the Company con-templates disciplinary action for failure to perform inaccordance with production standards, the Committee-person shall be notified promptly that the employee hasbeen given the first warning and the reasons for suchwarning.An employee physically incapable of meeting productionstandards will be given the opportunity to transfer to an

    ARTICLE IV COMPANY RESPONSIBILITY

    20

  • operation he is physically capable of performing, subjectto the provisions of Article VIII, Sections 9 through 13 ofthis Agreement.An employee shall not be subject to discipline for hisactivities during his relief period so long as he does notinterfere in any way with production, the work of hisfellow employees and order in the plant, and does notviolate plant rules.Any complaint that discipline imposed under this Sec-tion is improper shall be taken up through the regularGrievance Procedure provided for in this Agreement.

    Section 5. Rules and RegulationsThe right of the Company to make such reasonable rulesand regulations, not in conflict with this Agreement, as itmay from time to time deem best for the purposes ofmaintaining order, safety, and/or effective operation ofCompany plants, and after advance notice thereof to theUnion and the employees, to require compliance there-with by employees, is recognized. The Union reservesthe right to question the reasonableness of the Compa-ny’s rules or regulations through the Grievance Proce-dure.

    Section 6. Assignment of Overtime WorkWhen, in the judgment of Management, overtime isrequired for a given department, the regular employeesassigned to the department will work such overtimeperiods.All reasonable means will be employed to equalizeovertime among shifts.When in the judgment of Management, overtime isnecessary for employees on a given classification withina department, the employees regularly performing theoperations involved shall work such overtime periods.Where such overtime is of a continuing nature, Manage-ment, insofar as is practicable, will rotate such overtimeamong qualified employees within the department, itbeing understood that for this purpose, by local agree-ment, employees in General Cleaning, Material Handling,and other such classifications, may be considered as if in

    ARTICLE IV COMPANY RESPONSIBILITY

    21

  • one department within a Unit by classification. In addi-tion, overtime shall be rotated insofar as is practicalbetween those employees on a given classification who,as a matter of routine assignment, are used interchange-ably during the normal workweek.Local deviations from the foregoing general rules regard-ing overtime assignments may be made by local agree-ment approved by the National Ford Department of theUAW and Labor Affairs of the Company.Except in emergencies or breakdowns, an employeeshall be notified of required overtime work not later thanthe completion of his last hour of work on the daypreceding such overtime.The notice provisions in this Section shall also apply tothe resumption of overtime work whenever there is abreak in the overtime schedule.It is the policy of the Company to grant, where practi-cable, an employee’s request to be excused from over-time on a given day, for good reason, especially duringperiods of continuing overtime. Such a request should bemade as far in advance as possible. The employee will bepromptly notified of the disposition of his request. Whengranted he will not be required to work during theexcused time without his consent.The Company’s right to require employees to performovertime work is subject to the Memorandum of Under-standing which is attached hereto as Appendix H.*

    Section 7. Layoff and Recall — Deviations fromSeniority

    The right of the Company to lay off and recall employeesis limited by Sections of this Agreement, hereafterprovided, covering that subject.Notwithstanding those provisions, it is recognized thatupon certain occasions it is necessary in order to facili-tate tooling, plant arrangement, starting of production orother unusual situations, for the Company to retain or tocall into work the most capable and efficient employees,out of line of seniority.

    * Reproduced in full beginning on page 150.

    ARTICLE IV COMPANY RESPONSIBILITY

    22

  • When such occasions arise the Union Committeepersonwill be advised in advance of the number and classifica-tions of such employees.The discretion hereby vested in the Company shall notbe abused. Complaints that the Company has abused itsdiscretion in this respect may be taken up through theGrievance Procedure provided in this Agreement.

    Section 8. Job Security and OutsideContracting

    It is the policy of the Company that employees of anoutside contractor will not be utilized in a plant or partsand supply depot covered by this Agreement to replaceseniority employees on production assembly or manu-facturing work, warehousing work, or fabrication oftools, dies, jigs and fixtures, normally and historicallyperformed by them, when performance of such workinvolves the use of Company-owned machines, tools orequipment maintained by Company employees.

    This policy shall not affect the right of the Company tocontinue arrangements currently in effect; nor shall itlimit the fulfillment of warranty obligations by vendorsnor limit work which a vendor must perform to prove outequipment.

    It is the policy of the Company to fully utilize its seniorityemployees in the skilled trades (Appendix F) in theperformance of maintenance and construction work, inaccordance with its letter to the Union of January 20,1949.* It is the Company policy in all cases, exceptwhere time and circumstances prevent it, to have ad-vance discussion with Local Union representatives priorto letting such a contract. In this discussion local Man-agement is expected to review its plans or prospects forletting a particular contract. The Local Union should beadvised of the nature, scope and approximate dates ofthe work to be performed and the reasons (equipment,manpower, etc.) why Management is contemplating con-tracting out the work. At such times, Company repre-sentatives are expected to afford the Union an opportu-

    * Reproduced in full beginning on page 350.

    ARTICLE IV COMPANY RESPONSIBILITY

    23

  • nity to comment on the Company’s plans and to giveappropriate weight to those comments in the light of allattendant circumstances.In no event shall any seniority employee who customar-ily performs the work in question be laid off as a directand immediate result of work being performed by anyoutside contractor on the plant premises.It is the policy of the Company that decisions by localManagement regarding the utilization of a non-Companysource to perform new die machining, fabrication, repair,tryout and related checking fixture construction worknormally performed by seniority journeymen in the tooland die classifications (Appendix F) shall be subject tothe limitations set forth in the Company’s letter to theUnion dated October 4, 1979.**

    ** Reproduced in full beginning on page 352.

    ARTICLE IV COMPANY RESPONSIBILITY

    24

  • ARTICLE V

    STRIKES, STOPPAGES AND LOCKOUTS

    Section 1. Fair Day’s WorkThe Union reaffirms its adherence to the principle of afair day’s work for a fair day’s pay, and agrees to use itsbest efforts towards this end, both as to work and as toconduct in its performance.

    Section 2. Intent of AgreementIt is the intent of the parties, in the interests of attainingpeaceful, orderly relations and efficient, uninterruptedoperations, to set forth in this Agreement the obligationsof the Company to the Union and the employees itrepresents, and to provide the procedures throughwhich the Union and the employees shall resort tosecure redress for any grievances arising from thisAgreement.

    Section 3. Prohibited ActivitiesThe Union will not cause or permit its members to cause,nor will any member of the Union take part in, anysit-down, stay-in, or slowdown in any plant of theCompany or any curtailment of work or restriction ofproduction or interference with the operations of theCompany.

    Section 4. Limitations on Right to StrikeThe Union will not cause or permit its members to cause,nor will any member of the Union take part in, any strikeof any of the Company’s operations, or picketing of anyof the Company’s plants or premises, except with re-spect to disputes which are to be referred to theprocedure provided for in Article VII, Section 23 of thisAgreement, and then only after such procedure has beenexhausted.No strike shall take place until such action has been fullyauthorized as provided in the constitution of the Inter-national Union, United Automobile, Aerospace and Ag-ricultural Implement Workers of America.

    ARTICLE V STRIKES, STOPPAGES AND LOCKOUTS

    25

  • Section 5. Discipline for Violations ofSections 3 and 4

    The Company shall have the right to discipline (includ-ing discharge) any employee who instigates, participatesin, or gives leadership to an unauthorized strike inviolation of this Agreement.The Umpire shall have power to review the reasonable-ness of penalties imposed under this Section.

    Section 6. Limitations on Right to Lock OutThe Company will not lock out any employees exceptwith respect to disputes which are to be referred to theprocedure provided for in Article VII, Section 23 of thisAgreement, and then only after such procedure has beenexhausted.

    ARTICLE VI

    REPRESENTATION

    Section 1. Unit StructureFor the purpose of providing representation and operat-ing under this Agreement, the Company shall be dividedinto Units. Each depot, plant or works shall constitutesuch a Unit. The Rouge Area shall be subdivided into thefollowing respective Units:Maintenance and ConstructionDearborn Truck PlantDearborn Engine & Fuel Tank PlantDearborn Stamping Plant and Truck BodyDearborn Diversified Manufacturing PlantTool and DieTransportationWhenever operations in a Unit of the Rouge Area arediscontinued or so curtailed as to make its continuanceas a separate Unit impractical, the parties shall bymutual agreement eliminate such Unit or combine itsremnants with one of the remaining Units. Where newbuildings are placed in operation, or operations areresumed in previously discontinued Units, the parties

    ARTICLE VI REPRESENTATION

    26

  • shall by agreement determine whether a new Unit shallbe added or an existing Unit expanded.Nothing in the foregoing shall be deemed to modify theexisting local arrangements at the Cleveland Engine andFoundry plants.

    Section 2. Representation on Company TimeFor the purpose of operating under this Agreement, theemployees shall be entitled to representatives on Com-pany time in accordance with the following provisions.

    Section 3. Units of 1,399 or LessIn Units containing 1,399 or less employees, the Unionwill be accorded representatives as follows:

    (a) Less than 150 (Single Shift Operation)In a Unit of less than 150 employees with a single shiftoperating pattern, there shall be one full-time Chairper-son. The Chairperson shall have the right to devotehis/her full-time to his/her duties, as such, which shallinclude those functions set forth in Sections 8(c), 9(c)and 10(c) of this Article.

    (b) Less than 150 (Multiple Shift Operation)In a Unit of less than 150 employees with a multiple shiftoperating pattern, there shall be two Committeepersons,including the Chairperson. The Chairperson shall havethe right to devote his/her full-time to his/her duties, assuch, which shall include those functions set forth inSections 8(c), 9(c) and 10(c) of this Article, but theremaining Committeepersons shall be on a part-timebasis.

    (c) 150-199In a Unit of 150 to 199 employees, there shall be threeCommitteepersons, including the Chairperson. TheChairperson shall have the right to devote his/her fulltime to his/her duties, as such, which shall include thosefunctions set forth in Sections 8(c), 9(c) and 10(c) ofthis Article, but the remaining two Committeepersonsshall be on a part-time basis.

    ARTICLE VI REPRESENTATION

    27

  • (d) 200-399In a Unit of 200 to 399 employees, there shall be threeCommitteepersons including the Chairperson. When theUnit is operating three shifts on production, an addi-tional Committeeperson may be allowed. The Chairper-son shall have the right to devote his/her full time tohis/her duties, as such, but the remaining Committee-persons shall be on a part-time basis.

    (e) 400-599In a Unit of 400 to 599 employees, there shall be fourCommitteepersons including the Chairperson. TheChairperson and one other Committeeperson shall havethe right to devote their full time to their duties, as such,but the remaining Committeepersons shall be on apart-time basis.

    (f) 600-799In a Unit of 600 to 799 employees, there shall be fourCommitteepersons, including the Chairperson. TheChairperson and two other Committeepersons shall havethe right to devote their full time to their duties, as such,but the remaining Committeeperson shall be on a part-time basis.

    (g) 800-999In a Unit of 800 to 999 employees, there shall be fourCommitteepersons, including the Chairperson, all ofwhom shall have the right to devote their full time totheir duties, as such.

    (h) 1,000-1,199In a Unit of 1,000 to 1,199 employees, there shall be fiveCommitteepersons, including the Chairperson, all ofwhom shall have the right to devote their full time totheir duties, as such.

    (i) 1,200-1,399In a Unit of 1,200 to 1,399 employees, there shall be sixCommitteepersons, including the Chairperson, all ofwhom shall have the right to devote their full time totheir duties, as such.

    ARTICLE VI REPRESENTATION

    28

  • Section 4. Units of 1,400 or More (ExceptRouge, Highland Park and Wayne)

    In Units containing 1,400 or more employees, the Union willbe accorded representatives as follows:(a) Number of Full-time Representatives

    Each Unit, according to the number of employeestherein, may have the number of full-time representa-tives, including the Chairperson of the Unit Committee,indicated in the following table:

    No. of No. ofEmployees Representatives

    1,400 to 1,599 .............................. 71,600 to 1,799 .............................. 81,800 to 1,999 .............................. 92,000 to 2,199 .............................. 102,200 to 2,399 .............................. 112,400 to 2,599 .............................. 122,600 to 2,799 .............................. 13

    And so forth with one additionalrepresentative for each additional200 employees.

    (b) Size of Unit Committee; Handling of First StageGrievancesEach Unit shall have a Unit Committee of three or fourpersons, including the Chairperson, plus District Com-mitteepersons to handle grievances in the First Stage.

    A Unit Committeeperson may be designated to handleFirst Stage Grievances within a specified district wherenecessary to provide adequate representation.

    Section 4A. Part-time Representatives — SmallShifts

    In a Unit employing 1,001 or more people, an additionalCommitteeperson on a part-time basis shall be allowedon the No. 1 and No. 3 shift when more than 25 but lessthan 200 people are working on such shift. In view ofspecial conditions in the Rouge Area, implementation ofthe principles of the foregoing provision with respect to

    ARTICLE VI REPRESENTATION

    29

  • the Rouge Area will be negotiated between Labor Affairsand the Local Union.

    Section 5. Local Agreements on DeviationsDeviations from Sections 3 and 4 of this Article may benegotiated by the local Unit and local Management tomeet local conditions, subject to the approval by LaborAffairs of the Company and the National Ford Depart-ment of the Union.In a Unit where a substantial number of employeesworking on production on necessary continuous seven-day operations creates a demonstrable need, the lo-cal Unit (or in the case of the Rouge Area, the LocalUnion), and local Management will work out by localagreement arrangements for an additional part-timeCommitteeperson.

    Section 6. Rouge, Highland Park and WayneNotwithstanding Sections 3 and 4 of this Article, theUnion will be accorded representatives in the RougeArea and in the Highland Park and Wayne Plants on afull-time basis, as follows:

    (a) Size of Unit Committee; Handling of First StageGrievancesEach Unit shall have a Unit Committee of three or fourpersons, including the Chairperson, plus District Com-mitteepersons to handle grievances in the First Stage. AUnit Committeeperson may be designated to handleFirst Stage Grievances within a specified district wherenecessary to provide adequate representation.

    (b) Number of RepresentativesThe Union shall have one representative for every 200employees and major fraction thereof working in theRouge Area, Highland Park Plant and Wayne Plant,respectively. The apportionment of such representativesamong the various Units comprising the Rouge Area shallbe in the discretion of the Local Union, subject only toSubsection (a) of this Section.

    ARTICLE VI REPRESENTATION

    30

  • Section 7. Adjustments for PopulationChanges

    Where, in any Unit, a change in the number of represen-tatives, or from a full-time to a part-time basis ofrepresentation or vice versa is required because ofdeviations in the number of employees working above orbelow the number on which its representation structureis based, the requisite changes shall be accomplishedwithin two weeks of the notice to the Local Union of theoccurrence of the deviation in employment requiring it;provided, however, that changes in the Rouge Area shallbe based upon the employment level in the Area ratherthan individual Units. Employees on layoff in accordancewith Article VIII, Section 21 of this Agreement shall beincluded in the number working for purposes of thisSection.

    Section 8. Unit Health and SafetyRepresentative

    (a) Number; AppointmentEach Unit of 600 or more employees may have onefull-time Health and Safety Representative who shall beappointed by the National Ford Department Director.

    (b) Notice to CompanyThe National Ford Department Director shall adviseLabor Affairs in writing of the names of the appointedHealth and Safety Representatives and the Unit to whicheach is assigned. No representative shall function assuch until the Company has been so advised.

    (c) FunctionsThe primary function of the Unit Health and SafetyRepresentative is to handle health and safety complaintsin accordance with the procedure set out in Article VII,Section 23 (b)(1). In addition, the Unit Health andSafety Representative will:(i) accompany International Union Representatives on

    plant inspection tours; also accompany representa-tives of the Company’s Industrial Hygiene and SafetySections on regular plant surveys and upon requestreceive results of such surveys -- advance arrange-

    ARTICLE VI REPRESENTATION

    31

  • ments should be made to permit participation insuch surveys;

    (ii) receive advance notice of health and safety inspec-tions by private agency officials, licensed inspectorsrequired by statute, or consultants retained by theCompany, and whenever possible, by governmentofficials, including state, city, and county code en-forcement officials, and be afforded an opportunityto accompany such officials or consultants and pro-vide any pertinent information to them. Upon re-quest, copies of reports of such parties, includingthose of insurance inspectors, will be provided re-garding violations of applicable local, state, or federalcode or violation(s). The parties recognize that suchreports may not accurately or properly characterizeissues that relate to employee health and safetymatters;

    (iii)receive from the appropriate Management represen-tative a copy of the Unit’s OSHA Form 300A (Sum-mary, Ocupational Illnesses and Injuries) as it is nowconstitued and the facility’s total man-hours workedfor the comparable period;

    (iv)accompany a local Company safety representative tomeasure noise, air contaminants or air flow whenand where conditions in the Unit indicate suchmeasurement is necessary; upon request be pro-vided with copies of photographs taken by Companypersonnel which relate to health and safety mattersin the plant—such photographs shall be for theconfidential use of the Unit Health and Safety Rep-resentative only and shall not be reproduced, pub-lished or distributed in any way; once each weekmake inspections with the local Company safetyrepresentative and make necessary and desirablerecommendations regarding the plant working envi-ronment; prior to such inspections, be advised by thelocal Company safety representative of possibleproblem areas based on an analysis of current OSHAForm 300 accident experience;

    (v) be informed of work-related lost-time accidents asdefined by the OSHA Recordkeeping Guidelines for

    ARTICLE VI REPRESENTATION

    32

  • Occupational Injuries and Illnesses and other majoraccidents which occur in the workplace; review theresults of plant safety investigations (Form 1268 orits equivalent) of such accidents and make necessaryand desirable recommendations; periodically reviewdeletions from the OSHA 300 log and the rationalefor such deletions, periodically review the listing ofworkers compensation cases to reconcile with theOSHA 300 log;

    (vi)receive prompt notification of any serious work-related employee injury or fatality as well as signifi-cant chemical spills in the workplace;

    (vii) participate in formal employee job-related safetytraining or instruction programs, and review andmake recommendations to Company representativeconcerning appropriate content of such programs;

    (viii)be advised in writing of breathing zone air sampleresults and known harmful physical agents or chemi-cals to which employees in the Unit are exposed andprotective measures and applicable emergency pro-cedures. In addition, whenever it is determined thatan employee has had a personal exposure exceedingthe permissible level as set forth in 29 CFR-1910.1000, Air Contaminants or other applicablestandards adopted by the Company, the Unit Healthand Safety Representative shall be informed in writ-ing of such exposure and the corrective action to betaken;

    (ix)receive, upon request to the Company notice ofsignificant environmental remediation projects,spills, or releases that are subject to governmentreporting requirements. The Unit Health and SafetyRepresentative(s) will forward such information tothe NJCHS;

    (x)conduct focused departmental health andsafety audits on a weekly basis with area Com-pany leadership. The results of these auditswill be reported out at the plant Safety ProcessReview Board.

    ARTICLE VI REPRESENTATION

    33

  • (d) Representative TrainingThe Company will provide annually the training orinstruction it deems necessary to qualify the Unit Healthand Safety Representatives to perform their functionssatisfactorily. In addition to initial instruction, UnitHealth and Safety Representatives will receive special-ized training appropriate to the operations in theirrespective Units. The National Ford Department will beprovided the opportunity to review and participate insuch training or instruction programs and make neces-sary and desirable recommendations.

    (e) Duty to Remain in Unit; Reporting to SupervisorA Health and Safety Representative shall remain inhis/her respective Unit while on Company time.A Health and Safety Representative shall report to anemployee’s Supervisor, provided the Supervisor is in thedepartment, before contacting such employee in pursu-ance of his/her duties.

    (f) Hours on Company TimeIt is understood that a Unit Health and Safety Represen-tative shall be entitled to be on Company time only forthe same number of hours as the employees on the shiftto which he/she is assigned are normally scheduled towork.During periods of temporary layoff as defined by ArticleVIII, Section 21, a Unit Health and Safety Representativewill be considered as a Unit Committeeperson, andhis/her entitlement to be on Company time will bedetermined in accordance with the provisions of Sec-tion 13 (d).

    Section 9. Unit Benefit Plans Representative(a) Number; Appointment

    Each Unit of 600 or more employees may have onefull-time Benefit Plans Representative who shall beappointed by the National Ford Department Director.

    (b) Notice to CompanyThe National Ford Department Director shall adviseLabor Affairs in writing of the names of the appointed

    ARTICLE VI REPRESENTATION

    34

  • Benefit Plans Representatives and the Unit to whicheach is assigned. No representative shall function assuch until the Company has been so advised.

    (c) FunctionsThe functions of the Unit Benefit Plans Representativeare limited to matters pertaining to the Retirement Plan,Insurance Program, and the Supplemental Unemploy-ment Benefit Plan. The Unit Benefit Plans Representa-tive will:

    Retirement Plan(i) Discuss and assist in the resolution of employee,

    retiree and surviving spouse problems relating tocreditable service, benefit eligibility, benefit amount,determination delays and payment delays.

    (ii) Meet with local Company Personnel Benefits Repre-sentative or other designated local Managementrepresentative as required.

    Insurance Program(i) Confer with employees, spouses, retirees, beneficia-

    ries or insurance carriers regarding coverage eligibil-ity, a denied claim, benefit amounts, and benefitpayment delays.

    (ii) Meet with local Company Personnel Benefits Repre-sentative or other designated local Managementrepresentative as required.

    Supplemental Unemployment Benefit Plan(i) Confer with employees regarding eligibility for ben-

    efits under the SUB Plan, a denied or suspendedbenefit or questions concerning appeal proceduresunder the SUB Plan.

    (ii) Meet with designated local Management representa-tive as required.

    (iii) Discuss with Company designated representativethose instances in which the Company determinesbenefit payments are not payable.

    (iv) Participate in Local Supplemental UnemploymentBenefit Plan Committee hearings as required.

    ARTICLE VI REPRESENTATION

    35

  • (d) Duty to Remain in Unit; Reporting to SupervisorA Benefit Plans Representative shall remain in his/herrespective Unit while on Company time.A Benefit Plans Representative shall report to an em-ployee’s Supervisor, provided the Supervisor is in thedepartment, before contacting such employee in pursu-ance of his/her duties.

    (e) Hours on Company TimeIt is understood that a Unit Benefit Plans Representativeshall be entitled to be on Company time only for thesame number of hours as the employees on the shift towhich he/she is assigned are normally scheduled towork.During periods of temporary layoff as defined by ArticleVIII, Section 21, a Unit Benefit Plans Representative willbe considered as a Unit Committeeperson, and his/herentitlement to be on Company time will be determined inaccordance with the provisions of Section 13 (d).

    Section l0. Employee Support ServicesProgram Representative

    (a) Number; AppointmentEach Unit of 600 or more employees may have onefull-time Employee Support Services Program Represen-tative who shall be appointed by the National FordDepartment Director.

    (b) Notice to CompanyThe National Ford Department Director shall adviseLabor Affairs in writing of the names of the appointedEmployee Support Services Program Representativesand the Unit to which each is assigned. No representa-tive shall function as such until the Company has been soadvised.

    (c) FunctionsThe functions of the Employee Support Services Pro-gram Representative are limited to matters pertaining tothe Employee Support Services Program. The EmployeeSupport Services Program Representative will:(i) assist in the identification, education, referral and

    follow-up of employees with problems which impair

    ARTICLE VI REPRESENTATION

    36

  • job performance relating to alcohol and drug depen-dency or emotional disorders while assuring requi-site confidentiality standards are observed;

    (ii) act as liaison with appropriate members of linesupervision, human resources, plant medical, otherUnion representatives, diagnosis and referral agen-cies, and with providers of treatment and medicalcare;

    (iii) assist in evaluating the effectiveness of various pro-grams, plans and services;

    (iv) participate in formal employee assistance training orinstruction programs, and review and make recom-mendations to Company representatives concerningprogram content;

    (v) assist in coordinating and implementing various localprogram applications and related services availableunder the Employee Support Services Program, in-cluding development of local proposals and requestsfor funding to the national Employee Support Ser-vices Program Committee;

    (vi) acquire appropriate certification and satisfy relatedconditions where required by laws or regulations.

    (d) Representative TrainingThe Education, Development and Training Program willprovide training or instruction deemed necessary toqualify the Unit Employee Support Services ProgramRepresentatives to satisfactorily perform their functionsrelating to the Employee Support Services Program.

    (e) Duty to Remain in Unit; Reporting to SupervisorUnit Employee Support Services Program Representa-tives shall remain in their respective Unit while onCompany time.Unit Employee Support Services Program Representa-tives shall report to an employee’s Supervisor, providedthe Supervisor is in the department, before contactingsuch employee in pursuance of their duties.

    (f) Hours on Company TimeIt is understood that Unit Employee Support ServicesProgram Representatives shall be entitled to be on

    ARTICLE VI REPRESENTATION

    37

  • Company time only for the same number of hours as theemployees on the shift to which the Representativesassigned are normally scheduled to work.During periods of temporary layoff as defined by ArticleVIII, Section 21, Unit Employee Support Services Pro-gram Representatives will be considered as Unit Com-mitteepersons, and will be entitled to be on Companytime in accordance with the provisions of Section 13 (d).

    Section 11. Provisions Applicable to Both Fulland Part-time Representatives

    (a) Functions of District CommitteepersonsThe function of a District Committeeperson is to handlegrievances in the First Stage, to represent employees athearings in disciplinary cases when called upon to do so,and to pass necessary information on with respect togrievances appealed. A District Committeeperson alsomay perform certain other representation functions,including participation in joint programs and relatedfunctions, as may be provided for under the Agreement.

    (b) Functions of Unit CommitteeThe function of the Unit Committee is to review andnegotiate grievances in the Second Stage, to preparegrievances not settled at this point for further review inthe Grievance Procedure, and to negotiate with localManagement on negotiable local problems. A Unit Com-mitteeperson may also handle First Stage Grievances inthe cases provided for in Sections 3 and 4 of this Article,and represent employees at hearings in disciplinarycases when called upon to do so. A Unit Committeeper-son also may perform certain other representation func-tions, including participation in joint programs and re-lated functions, as may be provided for under theAgreement.

    (c) Assignment to Defined DistrictsExcept where otherwise agreed locally to meet excep-tional conditions, each Committeeperson handling FirstStage Grievances shall be assigned a definite district.

    (d) Notice to CompanyThe Chairperson of each Unit Committee shall promptlyadvise the Company in writing of the names, positions

    ARTICLE VI REPRESENTATION

    38

  • and assignments of the representatives in his/her plant,and of any changes therein, except that in the RougeArea it shall be the duty of the President of the LocalUnion to furnish this information. No representativeshall function as such until the Company has been soadvised.

    (e) Duty to Remain in Plant and Area; Reporting toSupervisorsAll Committeepersons except the Chairperson of theUnit Committee shall remain in the plant, and, exceptwhen their duty requires them elsewhere, in their re-spective areas, while on Company time.A Committeeperson shall report to an employee’s Super-visor, provided the Supervisor is in the department,before contacting such employee in pursuance of his/herduties.

    (f) Chairperson’s Privilege to Leave PlantThe Company recognizes the privilege of the Chairper-son of the Unit Committee to leave the plant in thecourse of the performance of his/her functions as such,but he/she shall notify the designated Company repre-sentative, if he/she is available, when leaving and return-ing to the plant during working hours.

    (g) Eligibility to Serve as RepresentativeAny representative provided for in the foregoing Sec-tions shall be an employee of the Company selected fromamong the employees he/she represents, and to beeligible to hold such position, shall have been in theregular employ of the Company, or on approved leave ofabsence, for at least one year immediately preceding hisdesignation to such position unless an employee of atleast one year’s service is not available; provided, how-ever, that in each Unit, excluding those in the RougeArea, having 100 or more skilled trades (Appendix F)employees and two or more full-time representatives,including the Chairperson, pursuant to Sections 3, 4 or 6,whichever is applicable, of this Article, one of thesefull-time representatives shall be elected from amongthose skilled trades (Appendix F) employees working inthe Unit.

    ARTICLE VI REPRESENTATION

    39

  • Section 12. Provisions Applicable to Part-timeRepresentatives

    The following provisions are applicable to representativeswho are on a part-time basis:(a) Privilege of Leaving Work

    Company accords to representatives the privilege ofleaving their work for the time necessary to promptlyperform their duties as outlined in this Agreementwithout loss of time, on the understanding that thisprivilege will not be abused and representatives willcontinue to work at assigned jobs at all times notrequired for the performance of such duties.

    A representative shall report to his/her Supervisor whenit becomes necessary to leave his/her job, and will reportto an employee’s Supervisor, provided the Supervisor isin the department, before contacting such employee inpursuance of his/her duties.

    (b) Retention During LayoffsA representative shall be permitted to work duringlayoffs so long as one of his/her constituents is at workand there is work available which he/she can perform,and so long as he/she does not lose his status as arepresentative through readjustment of the representa-tion structure as provided in Section 7 of this Article,without regard to seniority provisions of this Agreement.

    (c) Overtime WorkA representative shall be entitled to work overtime, ifhe/she so requests, whenever one or more of his con-stituents is called upon for overtime work, and there iswork available which he/she can perform.

    His/Her privilege to leave his/her job during overtimehours, however, is limited to the handling of grievancesrelating to or arising from the work during these hours,on behalf of constituents working during such hours.

    The representative shall be notified, if he/she is in theUnit, of the overtime work at the same time as arehis/her constituents who are to work.

    ARTICLE VI REPRESENTATION

    40

  • Section 13. Provisions Applicable to Full-timeRepresentatives

    The following provisions are applicable to representativeswho are on a full-time basis:(a) Assignment of Sufficient Areas

    Where shifts in employment not affecting the overallemployment level of the Unit sufficiently to require achange in the structure of representation take place, itshall be the responsibility of the Chairperson of the UnitCommittee to see that representatives are assignedareas in such manner as to justify their devoting full timeto their functions, except that in the Rouge Area thisprinciple shall be applied on an area-wide basis and theresponsibility shall be upon the President of the LocalUnion.

    (b) Hours on Company TimeIt is understood that all representatives shall be entitledto be on Company time only for the same number ofhours as the employees in such Unit are normallyscheduled to work.

    On continuous seven-day operations, the representa-tives shall be scheduled to cover the operations onrotating schedules in the same manner as other employ-ees on such operations.

    When all of the employees in a Unit work overtime, all ofthe representatives in that Unit may come in overtime torepresent them. When part of the employees in a Unitwork overtime, the number of representatives in thatUnit who may come in overtime to represent them shallbe proportionate to the number of employees in thatUnit who are called in to work such overtime, subject tothe following provisions:

    (1) The Chairperson shall be entitled to function as suchon Company time for up to twelve hours daily,Monday through Friday, excluding holidays, and foreight hours on a Saturday, Sunday, or a holiday, solong as employees in the Unit are scheduled to workon the Chairperson’s shift for such hours on suchdays.

    ARTICLE VI REPRESENTATION

    41

  • (2) Monday through Friday, excluding holidays, all otherelected representatives shall be scheduled to repre-sent employees on the basis of their representationfunctions and a proportionate amount of the over-time worked by the employees in the Unit on suchdays when less than all are scheduled to work. Suchovertime shall be determined and authorized weeklyby totaling the Monday through Friday overtimeworked in the Unit during the preceding week,excluding holidays and periods when all employeeswere scheduled to work, and multiplying that totalby .01. Appointed representatives will receive over-time hours equivalent to the average hours autho-rized for elected representatives. The Chairpersonwill be notified of the Unit’s Monday through Fridayovertime allocation and will establish the daily workschedule for all representatives and provide it to adesignated Company representative. In addition thefollowing provisions will apply to this overtime allo-cation:(i) Since the weekday allocation converts weekday

    Unit overtime to an equivalent full-time repre-sentation basis, full-time representatives, ex-cluding the Chairperson, will not be scheduled towork overtime as part-time representatives.

    (ii) Unused hours from the weekday allocation forthe Unit may be carried over for use the follow-ing week; however, such hours may not be usedduring holiday weeks (e.g., Christmas holidayperiod) and the carryover shall not exceed 200hours for the Unit.

    (3) Elected representatives, other than the Chairperson,will be entitled to come in to represent employees onovertime by shift on Saturdays, Sundays and holi-days based on one full-time representative at thelevel of 50 employees scheduled, the second full-time representative at the level of 250 employeesscheduled, and thereafter based on a 1 to 150 ratio.Such representatives will be scheduled to work thesame number of hours as the employees normallyscheduled on that shift. When less than 50 employ-

    ARTICLE VI REPRESENTATION

    42

  • ees are scheduled for overtime on a shift on Satur-day, Sunday or holidays, one full-time representativemay function part-time. At such times, the provisionsapplicable to part-time representatives as set forth inSection 12 of this Article shall apply.Appointed representatives will be allocated the av-erage amount of overtime as that to which electedrepresentatives, excluding the Chairperson, are en-titled for Saturdays, Sundays and holidays.The hours generated by the overtime formula in thisSection for elected and appointed representativesmay not be increased to provide overtime as arepresentative for any reason without prior approvalof Labor Affairs.The Unit Chairperson will be notified of and willestablish the Unit’s Saturday, Sunday or holiday workschedule for representatives and provide it to adesignated Company representative.Time verification procedures will be continued todocument entitlement to payments, including anypremiums, for hours worked by Union representa-tives.For Units where representatives cover wide geo-graphic areas and represent employees in a numberof different locations or there are other unusualconsiderations, special arrangements may be estab-lished by written agreement between Labor Affairsof the Company and the National Ford Departmentof the Union to facilitate the determination of theweekday Unit overtime allocation or address otherunique problems.

    (c) Temporary Layoffs — District CommitteepersonA District Committeeperson will be entitled to devotehis/her full time to his/her duties as such during layoffsas defined in Article VIII, Section 21 of this Agreement,when the number of employees in his District is sixty-five (65) percent or more of the number of employees inhis/her District at the time the layoff commenced.When the number of employees in his District remainingat work during such layoff is less than sixty-five (65)

    ARTICLE VI REPRESENTATION

    43

  • percent, the District Committeeperson shall be permit-ted to come in so long as one of his constituents is atwork and there is work available which he/she canperform; but at such times he/she shall be governed bythe provisions applicable to representatives on a part-time basis, as set forth in Section 12 of this Article.

    (d) Temporary Layoffs — Unit CommitteepersonDuring layoffs as defined in Article VIII, Section 21 ofthis Agreement, the number of Unit Committeepersonsentitled to be on Company time as such, in any Unit, willbe proportionate to the number of employees working inthat Unit during such layoff, subject to the provisions ofSubsection (f) this Section. The proportion shall bebased on the ratio of employees working in the Unitduring the layoff to the total number working in the Unitat the time the layoff commenced.A Unit Committeeperson not designated to come in as afull-time representative under the terms of this Subsec-tion shall be permitted to come in to work during suchlayoff if there is a job available which he can perform; butshall have no right to leave his work during such timeexcept for the purpose of attending the regularly sched-uled Unit Grievance Meetings provided for in Article VII,Section 3(c) of this Agreement.

    (e) Overtime and Temporary Layoffs — ChairpersonWho Is Sole Full-time RepresentativesIn a Unit where the Chairperson of the Unit Committeeis on a full-time basis, but the remaining Committeeper-sons are on a part-time basis, the Chairperson shall beentitled to come in during overtime hours or duringlayoffs as defined in Article VIII, Section 21 of thisAgreement, subject to the provisions of Subsections (b)and (f), respectively.

    (f) Temporary Layoffs — Less Than 150 Constituentsat WorkWhenever, under Subsection (d) or (e) of this Section,one representative only is entitled to come in as such,such representative shall be entitled to devote his/herfull time to his/her duties as such if more than 150 ofhis/her constituents are at work. When 150 or less of

    ARTICLE VI REPRESENTATION

    44

  • his/her constituents are at work, he/she shall be permit-ted to come in so long as one of his constituents is atwork and there is work available which he/she canperform, but at such times he/she shall be governed bythe provisions applicable to representatives on a part-time basis, as set forth in Section 12 of this Article.

    Section 14. Compensation of Full-timeRepresentatives

    (a) GeneralA full-time representative shall continue to be paid at therate he was receiving at the time of assuming his dutiesexcept that his rate shall be adjusted in accordance withany adjustments made in the rate for the classificationhe/she then held. He/She shall be deemed to be an activeemployee of the Company for the purpose of applyingthe vacation plan.

    (b) Promotion/Nonpromotional OpportunitiesNotwithstanding the above, full-time elected or ap-pointed representatives shall be entitled to receive con-sideration for promotional or nonpromotional opportu-nities under the provisions of Article IV, Section 2(a) or(b) of this Agreement, except promotional opportunitiesto apprenticeable Appendix F classifications. Local ar-rangements permitting promotions within apprentice-able Appendix F classifications are permitted.

    (c) Incentive PlansNotwithstanding Subsection (a) of this Section, it isagreed by the parties that if a full-time representative iselected to that position from a job coming under aproduction bonus plan, he/she shall continue to receive abonus equal to that he/she would have earned hadhe/she continued on his/her old job, except as suchrepresentative may be promoted or nonpromotionallytransferred in accordance with Subsection (b) of thisSection, in which case the representative shall receive abonus based on the job to which he/she is promoted ornonpromotionally transferred.

    ARTICLE VI REPRESENTATION

    45

  • Section 15. Alternate CommitteepersonWhen a regular Committeeperson is absent from theplant on his/her own time during periods when he/she isentitled to act as such, the Company will recognize analternate Committeeperson designated by the Chairper-son of the Unit Committee.

    ARTICLE VII

    GRIEVANCE PROCEDURE

    Section 1. IntroductionWhen an employee, or the Union collectively, has agrievance against the Company, it shall be processed inaccordance with the Grievance Procedure hereinafterprovided.The parties shall make a sincere and determined effortto settle meritorious grievances in the voluntary steps ofthe Grievance Procedure and to keep the procedure freeof unmeritorious grievances.Any grievance that either (a) is not processed or (b) isdisposed of in accordance with this Grievance Procedureshall be considered settled, and such settlement shall befinal and binding upon the Company, the employee oremployees involved, the Union and its members.Except with respect to the right to present an individualgrievance as expressly set forth in Section 2 of thisArticle, the Union shall, in the redress of alleged viola-tions by the Company of this Agreement or any local orother agreement supplementary hereto, be the exclusiverepresentative of the interests of each employee orgroup of employees covered by this Agreement, and onlythe Union shall have the right to assert and press againstthe Company any claim, proceeding or action asserting aviolation of this Agreement.No employee or former employee shall have any rightunder this Agreement in any claim, proceeding, action orotherwise on the basis, or by reason, of any claim thatthe Union or any Union officer or representative hasacted or failed to act relative to presentation, prosecu-

    ARTICLE VII GRIEVANCE PROCEDURE

    46

  • tion or settlement of any grievance or other matter as towhich the Union or any Union officer or representativehas authority or discretion to act or not to act under theterms of this Agreement.

    Section 2. First Stage GrievancesRecognizing the value and importance of full discussionin clearing up misunderstandings and preserving harmo-nious relations, every reasonable effort shall be made tosettle problems promptly at this point through discus-sion.

    (a) Initial Oral DiscussionAn employee believing he/she has cause for grievancemay, at his option, discuss the matter directly withhis/her Supervisor or he may take it up with his DistrictCommitteeperson and Supervisor.It shall be the obligation of the Supervisor and theDistrict Committeeperson to make their best efforts toassure that timely and thoughtful consideration is givento every grievance that is discussed within the scope oftheir ability and authority.Initial oral discussion with the Supervisor shall be re-quired for further processing of a grievance and failureto honor a request for oral discussion shall be a properbasis for taking the grievance to a second oral discussionstep.In the event oral discussion with the employee’s Super-visor does not satisfactorily resolve the grievance, theDistrict Committeeperson shall complete a ‘‘Record ofOral Discussion’’ form which must include the time, dateand nature of the complaint, and must be signed by theemployee(s) having the complaint. The Supervisor willverify thereon that oral discussion has been held.

    (b) Second Oral DiscussionIn the event the grievance has not been satisfactorilyresolved in the initial oral discussion and the DistrictCommitteeperson wishes to appeal the grievance fur-ther, the District Committeeperson shall meet with theSuperintendent and another representative designatedby the local plant Management to discuss the grievance

    ARTICLE VII GRIEVANCE PROCEDURE

    47

  • within two working days after the initial oral discussion.Such Company representative shall verify on the‘‘Record of Oral Discussion’’ form that the second oraldiscussion has been held.

    It is understood that if a Human Resources Representa-tive is designated as the other Company representativeand both Company representatives attend the meeting,then a Unit Committeeperson may also attend.

    Local arrangements for weekly meetings in the secondoral discussion step may be established where deemeddesirable for improving the effectiveness of oral discus-sion of grievances.

    (c) Disposition of GrievancesA settlement in either of the oral discussion steps shallbe informal and limited to the particular grievanceadjusted. Written dispositions may be requested byeither party. The District Committeeperson will be pro-vided a record of a back pay award when such has beengranted to settle the employee’s grievance.

    (d) Referral to Unit CommitteeIf the grievance is not satisfactorily resolved in thesecond oral discussion step and the District Commit-teeperson wishes to appeal the grievance to the SecondStage, he shall so specify on the ‘‘Record of Oral Discus-sion’’ form and submit three copies of said form to theCompany representative who conducted the second oraldiscussion within two working days following such dis-cussion. The Company representative will enter thereonhis report of the second oral discussion and return twocopies to the District Committeeperson within two work-ing days following receipt. The District Committeeper-son shall enter thereon his complete investigation of thefacts and the results of the oral discussions. The DistrictCommitteeperson shall submit one copy of the com-pleted form to the Unit Committee and one copy to thedesignated Company representative within two workingdays. If the Unit Committee believes the grievance to bewell founded, and is satisfied that the obligation for oraldiscussion has been met, it may carry it to the SecondStage.

    ARTICLE VII GRIEVANCE PROCEDURE

    48

  • Section 3. Second Stage GrievancesSecond Stage Grievances shall be processed in accor-dance with the following provisions:

    (a) Written GrievanceIf the matter is not disposed of in the oral discussionsteps, and it has been appealed to the Second Stage bythe Unit Committee, it shall be reduced to writing on theform known as Employee Grievance, Second Stage;incorporated in this form shall be a ‘‘statement’’ settingforth all the facts relied on and specifying, when pos-sible, the Section or Sections of the Agreement claimedto have been violated.

    (b) Presentation to CompanyThe Unit Committee shall within one week followingreceipt of the ‘‘Record of Oral Discussion’’ form presentthe grievance in writing to the designated Companyrepresentative for consideration at the Unit GrievanceMeeting. The grievance will be presented in triplicate.

    (c) Unit Grievance MeetingsA Unit Grievance Meeting shall be held in each Unit at aregularly scheduled time each week (unless a longerinterval is agreed upon locally) if there is business to betransacted, and shall continue on consecutive workingdays, until all business before it has been completed. Itshall be attended by not more than four members of theUnit Committee representing the Union and by not morethan four Company representatives. If either partywishes to do so, it may record the Unit grievanceproceedings at its own expense in such manner as itdesires.

    (d) Unit Grievance Meeting — AgendaUnless it has previously been withdrawn or satisfactorilyadjusted, the grievance shall be considered at the nextUnit Grievance Meeting which starts at least one weekafter the timely written presentation of the grievance forconsideration.

    ARTICLE VII GRIEVANCE PROCEDURE

    49

  • (e) Withdrawal or Adjustment of GrievanceThe Unit Committee shall have power to withdraw aSecond Stage Grievance, and the designated Companyrepresentative shall have the power to adjust a SecondStage Grievance.

    (f) Time Limit on DispositionThe Company shall give its decision in writing to the UnitChairperson on all grievances considered at the UnitGrievance Meeting not later than one week after the lastsession of the meeting.

    Section 4. Third Stage GrievancesIf a satisfactory disposition of the grievance is not madein the Second Stage, the Chairperson of the Unit Com-mittee may, if he/she considers the grievance to be wellfounded, carry it to the Third Stage. Third Stage Griev-ances shall be processed in accordance with the follow-ing provisions:

    (a) Appeal ProcedureThe Chairperson shall within one week of the writtendisposition in the Second Stage give written notice to thedesignated Company representative on triplicate copiesof the Third Stage Grievance form that the grievance isappealed to the Plant Review Board. The grievance mustspecify as provided in Article X, Section 9, whether aclaim of discrimination is included in the grievance.Within one week after notice of appeal has been given bythe Chairperson the parties will prepare and exchange acomplete and detailed statement of all the facts andcircumstances surrounding the grievance.No grievance shall be considered by the Plant ReviewBoard in the Third Stage until the next meeting after theprescribed statement of facts has been presented onbehalf