Agreement BETWEEN 3M ST. PAUL, MINNESOTA. and

Transcription

1 Agreement BETWEEN 3M ST. PAUL, MINNESOTA and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO On Behalf Of Its Local Union Effective August 19,

2 LABOR AGREEMENT THIS AGREEMENT made and entered into this 19 th day of August, 2016 by and between 3M Company, St. Paul Plant, hereinafter referred to as the COMPANY and United Steelworkers International Union AFL-CIO on behalf of its Local Union 11-75, hereinafter referred to as the UNION. "The application of the effective date of this new Collective Bargaining Agreement (CBA) does not change the intent of the parties concerning the effective dates of each of the separate stipulations in the "Stipulation of Agreements" memorandum, dated ". In the event the language from the previous CBA dated for a specific stipulation is not reproduced in the new CBA when the newer language has a later effective date, the language from the previous CBA will be valid until the effective date of that separate stipulation of agreement. 2

3 CONTENTS Article 1. Purpose... 4 Article 2. Recognition Article 3. Check-Off of Union Dues Article 4. Management Article 5. Representation... 7 Article 6. Hours... 8 Article 7. Wages.. 14 Article 8. Seniority.. 23 Article 9. Postings and Reductions.. 31 Article 10. Veterans Article 11. Grievance Procedure 44 Article 12. Temporary & Part-Time Employees Article 13. Vacations Article 14. General Article 15. Renew al Appendix 1. Service Credit Appendix 2. Company s Right to Subcontract, Maintenance, Demolition, Installation, and Construction Work.. Appendix 3. Classified Base Rates.. 92 Appendix 4. Inter-Plant Transfer Agreement.. 93 Appendix 5. LOU Millw rights and Machinist Index. Topical Index

4 ARTICLE I. PURPOSE 1.01 It is the intent and purpose of the parties hereto that this Agreement will promote and improve industrial and economic relations between the employees and 3M and to set forth herein a basic agreement covering rates of pay, hours of work and other conditions of employment to be observed by the parties and to ensure the peaceful settlement of disputes and to prevent stoppages of work M and the UNION agree to continue to follow a policy of non-discrimination on the basis of race, color, religion, national origin, sex or age as set forth under Title VII of the Civil Rights Act of Employee(s) means all workers covered by this Agreement, whether male or female, the use of masculine pronouns or job title that could denote sex, shall mean all employees. ARTICLE 2. RECOGNITION M recognizes United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, A.F.L.- C.I.O., on behalf of as the exclusive bargaining agent for all hourly paid employees designated in the 4

5 bargaining unit by the National Labor Relations Board for the St. Paul Plant and Warehouses which includes all nonqualified non-craft and all maintenance employees including Machine Shop employees (including Maintenance and Machine Shop hourly employees at 3M Research Center Site, Maplewood) and Receiving Department and Warehouse employees, but excluding Boiler Room employees, Clerical employees, Guards, Assistant Supervisors, Supervisors and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action Any employee who is a member of the UNION on the effective date of this Agreement shall, as a condition of employment, maintain the employee s membership in the UNION to the extent of paying membership dues. Such employees shall have their membership dues deducted from their earnings by signing the form for Authorization for Check-Off of Dues. Initiation fee, in an amount to be determined by the UNION, shall, upon proper authorization, be deducted for all new employees on the first paycheck following the completion of the first thirty (30) days of employment. 5

6 2.03 Any new employee hired henceforth shall become a member of the UNION upon completion of the first thirty (30) days of employment, and the employee shall, as a condition of employment, maintain the employee s UNION membership for the duration of this Agreement. The Union will be provided 30 minutes to meet privately with new employees during new employee orientation M and the UNION agree that they will not discriminate against any employee because of the employee s membership or non-membership in the UNION The UNION and its members agree that they will not solicit membership while employees are working on 3M time. Solicitation of UNION membership shall be confined to scheduled lunch periods and relief periods or before and after working hours. ARTICLE 3. CHECK-OFF OF UNION DUES 3.01 Upon individual authorization from members, monthly UNION dues in an amount to be determined by the UNION shall be deducted by 3M from each member s first pay in each month. Such sums shall be forwarded by 3M to the International UNION before the 15 th day of the month. 6

7 ARTICLE 4. MANAGEMENT 4.01 The UNION and its members recognize that the successful and efficient operation of the business is the responsibility of Management and that Management of the plant and the direction of the working force is the responsibility of 3M provided, in carrying out these Management functions, 3M does not violate the terms of the Agreement. ARTICLE 5. REPRESENTATION 5.01 The UNION shall designate a UNION COMMITTEE of no more than nine (9) members plus the international rep when needed, to represent the UNION in meetings with 3M The UNION COMMITTEE shall meet with the MANAGEMENT COMMITTEE at least once each month unless mutually agreed not to meet. An agenda will be submitted to HR by the Union and the company at least 24 hours prior to the date of the scheduled meeting to allow for meeting preparation M agrees that during the meetings held with MANAGEMENT, members of the UNION required to attend shall be paid at their regular hourly base rate for all time lost from their regularly assigned work schedule. 7

8 ARTICLE 6. HOURS 6.01 WORK DAY. A day starts at the beginning of the first shift and ends at the close of the third shift. The first shift is any shift that starts after 12:00 o clock midnight through 2:00 o clock in the afternoon. Normally the first shift starts at 7:00 a.m. or 8:00 a.m. Present shift schedules will continue unless mutually agreed to be changed by 3M and the UNION, except as modified by 6.01a. a. Shift schedules may be modified one time by up to one hour per area per the term of this Agreement. These areas are Fabrication Services, Warehouse, and Plant Engineering PAYROLL WEEK. The payroll week starts at the beginning of the first shift on Monday and ends at the end of the third shift on Sunday WEEKLY OVERTIME. Time and onehalf shall be paid for all hours worked in excess of forty (40) in any one payroll week for which overtime has not been earned on any other basis. Time Worked, Holiday Pay, Vacation Pay, Jury Duty, Funeral Leave, Military Leave, and Company Paid Union Business shall be considered time worked for the calculation of overtime premiums. 8

9 6.04 SATURDAY WORK. Time and one-half shall be paid for work performed on Saturday between the hours of 7:00 a.m. or 8:00a.m. Saturday to 7:00 a.m. or 8:00 a.m. Sunday SUNDAY WORK. Double time shall be paid for work performed on Sunday between the hours of 7:00 a.m. or 8:00 a.m. Sunday to 7:00 a.m. or 8:00 a.m. Monday CONSECUTIVE HOURS OVER TWELVE. Double time shall be paid for all consecutive hours worked over twelve (12) HOURS WORKED BEFORE REGULAR SHIFT. When it becomes necessary to call an employee to work before their regular starting time, such an employee shall not be sent home during their regular working hours except in cases beyond the control of 3M DISTRIBUTION OF OVERTIME. Overtime shall be distributed on an equitable basis within the department in a manner to be decided by supervision and the UNION representatives in that department, giving consideration to seniority and ability to perform the work. Refused overtime hours shall be credited as overtime hours worked for purposes of distributing overtime. 9

10 No employee shall be asked or charged for overtime for which he or she is unavailable when serving on jury duty. Future overtime agreements must be approved by the Plant Manager and the Local Union Executive Board before they become effective SHIFT PREMUIM. a. A shift premium of $.45 per hour will be paid to Non-Qualified Non-Craft and Warehousing employees for all hours worked on a particular day if 50% or more of the hours worked on that day fall between the hours of 3:00 p.m. and 11:00 p.m. b. A shift premium of $.55 per hour will be paid to Non-Qualified Non-Craft and Warehousing employees for all hours worked on a particular day if 50% or more of the hours worked on that day fall between the hours of 11:00 p.m. and 7:00 a.m. c. A shift premium of $.45 per hour will be paid to Machine and Maintenance Shop employees for all hours worked on a particular day if 50% or more of the hours worked on that day fall between the hours of 4:00 p.m. and 12:00 midnight. 10

11 d. A shift premium of $.55 per hour will be paid to Machine and Maintenance Shop employees for all hours worked on a particular day if 50% or more of the hours worked on that day fall between the hours of 12:00 midnight and 8:00 a.m HOLIDAYS WORKED. a. Double time in addition to the holiday pay as stated in Section 6.13a will be paid for all hours worked on the following holidays: New Year s Day Memorial Day Fourth of July December 24 Labor Day December 25 Thanksgiving December 31 Day after Thanksgiving The Union will be notified in October of the schedule for the following year. There are (2) two personal holidays available in addition to the holidays mentioned above. The personal holidays may be taken on days requested by an employee with prior approval of the employee s supervisor. In order for a personal holiday to be considered, request 11

12 must be made by the end of the employee s last regularly scheduled shift prior to the personal holiday. For example: A personal holiday taken on Monday must be requested before the end of the employee s shift on Friday. Personal holidays must be scheduled and taken before the end of the calendar year or they will be forfeited. Any unused personal holidays are not paid at termination. b. The holiday starts at the beginning of the first shift and ends at the close of the third shift. When one of these holidays falls on a Sunday, the holiday shall be observed on Monday. If the holiday falls on a Saturday it will be observed on Friday or Monday (as announced by the Company). c. If an employee works six (6) days in the payroll week, the sixth day being a holiday, the employee may not receive more than the amount that the employee would receive under the provisions of Section 6.12a HOLIDAYS NOT WORKED. a. During the employee s probationary period he/she will be eligible to take one personal holiday 12

13 b. To be eligible, the employee must be at work on the day for which they are scheduled prior to the holiday and following the holiday. These are the only payroll codes that make an employee(s) ineligible for holiday pay: NA No Pay AWOL NC No Pay Court Appearance Subpoena NE No Pay School Related Activity If Not Covered By State Rules NP No Pay Personal Excused NS No Pay Sick (Medical Denied) Any Illness or Injury absence without the appropriate medical documentation. a. Employees who do not perform any actual work in the four (4) weeks immediately preceding the holiday will not be eligible for holiday benefit PREMIUM PAY. All premium pay for Saturday, Sunday or holiday work as such under Article 6 of this Agreement or penalty pay of any nature except night shift differentials 13

14 shall be considered as overtime and in no event shall statutory overtime be construed upon such overtime. 3M and the UNION agree that the contract rates set forth in Article 7 of this Agreement are to be the regular rates of pay in all instances except where night shift differentials apply. ARTICLE 7. WAGES 7.01 Effective Monday, August 22, 2016 all hourly rates will be contained in Appendix 3, subject to the provisions of Section Effective Monday, August 21, M will increase base rates as listed in Appendix Effective Monday, August 20, M will increase base rates as listed in Appendix NON-QUALIFIED NON-CRAFT JOB CLASSIFICATIONS. a. The principal of like pay for like work shall prevail. The rates for jobs throughout the St. Paul Plant shall continue to be established or reviewed by 3M and the UNION giving full consideration to skill, responsibility, effort, and working conditions of each individual job. 14

15 b. When a new job classification is established or the duties and responsibilities of a job have changed sufficiently to place that job in a different pay bracket, the new or changed job classification will be assigned a job grade by 3M. The new or changed job grade shall be effective the first day of the payroll week on or after 3M establishes the new or changed job grade. A copy of the job description together with the 3M assigned job grade shall be furnished to the UNION. c. If the UNION is not in agreement with the job grade assigned by 3M no sooner than thirty (30) calendar days and no later than sixty (60) calendar days from the date 3M assigns the new or changed job grade, the UNION shall so notify 3M in writing. A meeting between 3M and the UNION to discuss the job grade will be held within thirty (30) calendar days following 3M s receipt of the UNION s written notice. d. The UNION may propose that 3M change the assigned job grade of an established job classification when the UNION believes 3M has substantially, changed the requirements and duties of a job. 15

16 The UNION shall so notify 3M in writing. A meeting between 3M and the UNION to discuss the job grade will be held within thirty (30) calendar days following 3M s receipt of the UNION s written notice. e. Meetings between 3M and the UNION to discuss the assignment of the proper job grade for a job classification as provided in this Article, shall consist of authorized UNION representation not exceeding four (4) from the bargaining unit or three (3) from the bargaining unit plus the International Representative) who shall meet with 3M representatives (not exceeding four (4)). If the UNION and 3M cannot agree on the proper job grade for a new or a substantially changed job classification, the UNION may process such matter as a grievance under Step 4 of the grievance procedure, but no sooner than forty-five (45) calendar days after the effective date of the new or changed job grade, or the UNION s notice to 3M of a proposed change in the job grade, and no later than ninety (90) calendar days after the effective date of the new or changed job grade, or the UNION s notice to 3M of a proposed change in job grade. 16

17 f. If the grievance proceeds to arbitration, 3M and the UNION shall select a qualified arbitrator experienced in job classification/job evaluation. The selection, pay and the authority of the arbitrator shall be in accordance with Article of this Agreement. g. In ruling on any grievance arising under the provisions of this Article, the arbitrator s authority shall be limited to ruling in favor of either the job grade assigned by 3M or the job grade assigned by the UNION. h. If a higher job grade for a classification than that established by 3M in accordance with b above is mutually agreed to between the parties or is assigned by an arbitrator, it shall be made effective the first day of the payroll week on or after the date 3M assigns such job grade. If a higher job grade for a job classification is mutually agreed to between the parties or is assigned by an arbitrator in accordance with d above, it shall be made effective the first day of the payroll week on or after the date 3M received the UNION s written notice as provided in d above. 17

18 7.05 RATES RETAINED ABOVE CLASSIFIED RATES. a. If a job grade is reduced as a result of the foregoing, an employee in the job classification will retain their rate for that job for up to 12 months from the date the position was reduced. b. An employee who retains a rate above the proper established rate on a job classification that has been reclassified will be expected to accept promotion to a higher job grade within their department in accordance with their seniority when a vacancy occurs and the employee is considered qualified to handle the job. In the event an employee who is offered the promotion chooses to remain on their present job, the employee will receive the proper established rate for their job classification on the first day of the following payroll week, except in cases where the promotion would result in changing from a fixed day shift to a shift operation NEW EMPLOYEES. Rates for non- qualified non-craft will be eighty percent (80%) of the classified base rate. The Monday after each year s anniversary date of hire, 18

19 the rate will be advanced five percent (5%) of the classified rate until the full classified base rate is reached. Qualified non-craft hire rates are established by 9.02d. After 7/1/13, new hires into Job Grade 1 will be excluded from the provision of 80% stated in this article PROMOTIONAL INCREASES. When an employee is promoted to a higher classified job, the employee will receive the classified rate for the job the first Monday on or after their promotion subject to the new employee advancement rate described in Article TEMPORARY SERVICES IN HIGHER JOBS. a. Temporary work or part-time service in a higher classified job for periods of less than one full payroll week shall not be considered a promotion or a change of classification. Wherever possible plant seniority will be given due consideration in assigning such temporary work. b. When an employee has worked temporarily on a higher classified job for 50% or more of their scheduled hours in the week, the employee will receive the higher rate during that week. 19

20 7.09 TRANSFER TO LOWER JOBS. When an employee is transferred to a lower classification, the employee will receive the rate for the new classification the first Monday on or after the transfer TEMPORARY SERVICE IN LOWER JOBS. 3M agrees that while an employee is assigned temporarily to a lower classified job, the employee shall receive their regular higher classified rate TEMPORARY TRANSFERS. When in the interest of efficient and economical operation or as a means of deferring layoffs, it is desirable to transfer employees temporarily from one location to another, such temporary transfers may be made for a maximum period of four (4) weeks if mutually agreeable to both 3M and the UNION. Wherever possible, plant seniority will be given due consideration in determining employees to be transferred. The UNION agrees to cooperate with 3M in arranging such temporary transfers. 3M agrees not to request temporary transfers except in the interest of efficient and economical operation or as a means of deferring layoff. 20

21 7.12 EMPLOYEES REPORTING TO NO WORK AVAILABLE. Employees reporting for work according to their regularly assigned work schedules without being notified in advance not to report and work is not available shall be allowed a minimum of four (4) hours pay at the employee s regular straight time hourly base rate except in cases beyond the control of 3M CALL-IN AND NON-WORKING HOURS PAY. Call In Pay Employees, who have been recalled to work after they have completed their regularly scheduled shift and have left the plant, shall be given a minimum of four (4) hours work if they so desire. If four (4) hours work is not available, the employee shall be paid for the hours worked according to the wage and premium pay policy, and the remainder of the four (4) hours not available shall be paid at the employee s regular straight time hourly base rate. If such work extends into the employee s regular shift, this call-in policy shall not apply. 21

22 Non-working Hours Pay An employee called during nonworking hours shall be paid for the actual time on the phone for management initiated or management approved calls for the purpose of having the employee assist in the evaluation and/or servicing of operational issues. The nonworking hours call will not constitute an overtime bypass. All overtime will be charged in accordance with the respective overtime agreement JURY DUTY. 3M agrees to pay the difference between jury duty pay and the employee s straight time hourly base rate earnings when called for jury duty. When called, the employee will be scheduled to work on the first shift whenever possible. The employee shall be required to report for work whenever the employee is able to work four (4) consecutive hours or more of the first shift. 22

23 ARTICLE 8. SENIORITY 8.01 QUALIFICATIONS. The term qualified or qualifications where used in this Article shall mean: the ability to perform the job in a satisfactory manner after a reasonable amount of training on the job. An employee who is disqualified for any reason may have their qualifications acted upon in accordance with the Grievance Procedure LAYOFFS. In case of layoff the least senior employee in the plant shall be laid off provided those remaining are qualified to perform the available work. a. Employees laid off from either the Cottage Grove or the St Paul Plant will be given an opportunity for employment at the other plant in line with the Inter-Plant Transfer Agreement. (See Appendix 4.) This article does not apply for those employees hired after 1/1/ ILLNESS. Any employee with seniority who is incapacitated by illness or accident shall accumulate seniority during the terms of this Agreement. 23

24 8.03 LEAVES OF ABSENCE. a. Members of the UNION, not to exceed two (2) in number at any one time, shall be granted Leaves of Absence of the duration of this Agreement to work directly for the LOCAL UNION. It is further agreed that two (2) additional leaves shall be granted to any employee of 3M covered by this Agreement who have been or who may in the future be elected to or appointed to a full-time office in the International Union or the State Federation of Labor, A.F.L.- C.I.O., such leaves not to exceed the duration of this Agreement. Upon being relieved of their official positions they will be entitled to full seniority rights as though they had been employed by 3M continuously. b. Employees, not to exceed nine (9) of the UNION s membership, who are members of the UNION, when delegated or elected to attend a UNION convention or conference, shall be granted such Leave of Absence as may be necessary, provided a minimum of one week written notice is given to 3M. c. Any employee elected to or appointed to any Federal, State, or City public office shall be granted a 24

25 Leave of Absence during the period the employee is actively engaged in such service. d. POST DISABILITY LEAVE. All regular full-time employees who are not eligible for other medical leave or benefit programs, but who are unable to work or perform the essential functions of the employee s job due to a medical condition may be eligible for an unpaid medical leave of absence. The Unpaid Medical Leave Policy can be found on 3M Source in the Policy Center (Human Resources > Benefits) e. An employee requesting leave of absence shall make application in writing to the HR Department. Leaves of Absence, if granted for personal reasons, shall be as business requirements permit and in accordance with COMPANY policy relative to benefits while on leave of absence. f. Employees are eligible for up to 12 weeks unpaid Family Leave per year to care for a newborn, adopted, or foster child, for care of a family member with a serious health condition or for their own serious health condition according to the provisions of the Family Medical Leave Act. 25

26 g. All 3M St. Paul USW employees will be eligible for up to forty (40) paid hours per year of Funeral Leave to cover unexpected absences caused by a death in the immediate family. Immediate family is defined as current legal: Spouse, Child, Parent/Step-Parent, Mother-in-Law, Father-in-Law, Grandchild, Grandparent, Brother or Sister. In the event of the death of an employee s spouse, or child, up to forty (40) paid hours of funeral leave will be granted to make arrangements and attend the funeral. Proof of funeral service will be required in order to receive benefits. In the event of the death of an employee s Parent/Step-Parent, Mother-in-Law, Father-in-Law, Brother or Sister, up to twentyfour (24) paid hours of funeral leave will be granted to assist with making arrangements and attending the funeral. Proof of funeral service will be required in order to receive benefits. In the event of the death of an employee s Grandparent or 26

27 8.05 SENIORITY LISTS. Grandchild one (1) scheduled shift of funeral leave will be granted to attend the funeral. Proof of funeral service will be required in order to receive benefits. Paid time off for funeral leave must include the day of the funeral. The balance of the funeral leave must normally be taken in conjunction with (immediately before or after) the day of the funeral. If circumstances require time off to be taken other than in conjunction with the day of the funeral, the employee will notify management for arrangements and approval. a. Seniority lists will be kept and posted by the Company on the bulletin boards. The Plant Seniority date of each employee will be established in accordance with Sections 8.07 and Separate lists shall be maintained for regular employees as follows: (1) Non-qualified Non-Craft job classifications (2) Craft job classifications 27

28 (3) Qualified Non-Craft job classifications. b. Upon the signing of this Agreement, 3M shall provide the UNION with a master seniority list effective during the term of the Agreement. c. The UNION shall be provided with a monthly list of hires and separations from Payroll. d. The UNION shall be provided with a Master Seniority List for employees once each quarter SUPERVISORY AND OTHER SALARIED POSITIONS. a. It is recognized that all supervisory employees are representatives of management and the assignment of their duties, promotions, demotions, and transfers is the responsibility of 3M and cannot be determined on the basis of seniority. b. Salaried employees will not perform Nonqualified Non Craft, Qualified Non craft or Craft job classification work as listed in Appendix 3 of the Collective Bargaining Agreement except in cases of emergencies. In the case of Pilot Plants, except for traditional maintenance work, 28

29 Supervisors and other salaried employees can perform Nonqualified Non Craft work as distinguished from Qualified Non Craft or Craft job classification work without limitation, at the sole discretion of 3M. c. When an hourly employee accepts a salaried position the employee s seniority shall not be forfeited for a period of ninety (90) calendar days. Within the 90 days, the employee may apply to an open requisition to return to the bargaining unit. After ninety (90) calendar days, an employee s seniority in the bargaining unit is forfeited SENIORITY. a. Plant seniority shall be determined from the employee s earliest date of continuous employment with 3M. When plant seniority is equal to the day, ranking will be determined in accordance with the Jacob s Ranking Order. This is defined as the last four digits of an employee s social security number. The lower the number the higher the seniority. b. Craft seniority will be determined from an employee s earliest date of continuous employment in any 3M craft. Craft Seniority lists will include 29

30 Craft seniority, group seniority, plant seniority and service credit date TERMINATION OF SENIORITY. Seniority shall terminate when there is a break in continuous employment which would include but not be limited to, for the following reasons: a. Voluntary resignation. b. Discharge for proper cause. c. Absence for three (3) successive working days without notice, unless satisfactory reason is given. d. Failure to report to work after lay off within five (5) working days after being notified by registered letter (return receipt requested) at the employee s latest available address, unless satisfactory reason Is given. A copy of the written notification shall be sent to the UNION. e. After five (5) consecutive years on layoff status. (1) Any calendar year in which an employee on layoff status works as a temporary employee will not count as a year on layoff for purposes of 8.08e. 30

31 ARTICLE 9. POSTINGS AND REDUCTIONS 9.01 For the purpose of this contract, the classifications shall be defined as follows: a. Craft job classifications b. Qualified Non-Craft job classifications c. Nonqualified Non-Craft job classifications 9.02 PROBATIONARY EMPLOYEES. a. A new employee shall be on probation without seniority for One hundred and twenty (120) calendar days after date of employment by 3M, during which period 3M shall determine the employee s ability to satisfactorily perform the duties and requirements of the work. Layoff or discharge of an employee during such probationary period shall not be subject to the Grievance Procedure. Any absences during the 120 day calendar period will be added to extend the probation period until the 120 calendar day period has been fulfilled. 31

32 b. Upon satisfactorily completing the probationary period, the employee will be placed on the seniority list and the employee s seniority shall date from the beginning of the probationary period. c. If an employee is bumped prior to completing his/her initial probationary period, he/she will be required to serve another period not to exceed thirty (30) calendar days. d. New non-qualified non-craft employees shall be hired at the reduced classified rate for the job as provided in article New qualified non craft employees shall be hired at the classified rate for the job. An employee will not receive holiday pay until completion of the probationary period. Upon completion of probationary period, holidays that have already occurred will not be paid. e. During the probationary period, an employee is not eligible to sign postings PROMOTION AND VACANCIES. When vacancies are to be filled and increases are to be made in the working force, it shall be done on the following basis. 32

33 POSTINGS. a. When vacancies occur, announcements will be posted for four (4) working days, and a copy of the announcement will be provided to the union. Any employee wishing to fill the vacancy shall apply through 3M s designated process. Any employee wishing to fill the vacancy shall make written application through the employee s supervisor on the forms provided by 3M. The announcement form will contain the following information: (1) Location (2) Date and hour of posting (3) Posting number (4) Job title (5) Date job becomes effective (6) Date and hour of closing time for application (7) Shift arrangement and starting times (8) Licenses/Qualifications 33

34 b. Craft employees shall be given the first opportunity for an opening within a craft provided the employee has the necessary qualifications to perform the work, with the exception of Article 9.02(e). Qualified and nonqualified non-craft will be posted and selected by seniority. c. Should the posting again become open within forty-five (45) calendar days from the closing date of that posting, Human Resources may fill the vacancy from the list of signers on the initial posting. d. The vacancy shall be filled by the employee with the most seniority who has the necessary qualifications to perform the work, except as provided in (b) above. An employee unavoidably absent or on light or restricted duty during the period of the posting will be allowed to exercise their seniority to accept the position upon their return to full duty. The employee shall have the opportunity to review and select postings for the period of illness or light or restricted duty but not to exceed six (6) months, provided the employee is capable of performing the work. Applications for any posting must be made within three 34

35 (3) days after the employee returns to full duty by contacting Human Resources. An employee going on vacation may request a form from the employee s supervisor to designate those jobs the employee wishes to post for should they become vacant while the employee is absent. If the employee is awarded a job that the employee re- quested to be considered for, the employee will be required to accept that job upon the employee s return. e. Shift schedules modified per 6.01a. shall not require posting. f. If the vacancy is not yet filled, the Plant Human Resources Office shall then consider employees from the plant layoff list in order of their plant seniority provided they are qualified before new employees are hired Temporary shift re-alignment shall be made on the basis of job classifications and on the basis of plant seniority. Such temporary assignments shall not exceed sixty, (60) working days in each job classification in any calendar year. At the conclusion of the temporary shift re-alignment the employees involved shall be returned to their former shift. 35

36 9.05 REDUCTION. When the number of employees in a classification or posted shift arrangement is to be reduced, reductions shall be made on the basis of plant or craft seniority provided those remaining are qualified to perform the job. An employee who elects not to bump because of a reduction from a classification, may take a voluntary layoff provided there is a plant layoff and may stay on voluntary layoff until they are the lowest person in seniority on the layoff list. a. PROCEDURE FOR REDUCTION - CRAFT (1) When the number of employees in a Craft classification is to be reduced from a shift, the least senior employee within the Craft as defined in Appendix 3.03, shall be reduced. (2) The employee within a Craft classification reduced or bumped from a shift, shall bump within that Craft classification on a shift to which the employee is entitled in the group based on Craft seniority and qualifications. 36

37 (3) The employee ultimately reduced or bumped from a Craft classification in the Group shall be entitled to claim the job of a less senior employee in a classification and shift of their choice on the basis of plant seniority, providing the claiming employee has the necessary qualifications to perform the job. (4) When a craftsperson is reduced from their classification, the employee may elect to go on seniority leave and retain their recall rights to that classification for a period of six (6) months. If during this 6-month period, the employee wishes to be considered for any, other noncraft opening, the employee must notify the Plant Human Resources Office. After this notification and/or after the 6- month period the employee must return to work when offered any position to which their seniority entities them or their seniority will be terminated. If the employee is subsequently laid off from a non-craft classification the employee must return to work when offered any position to which their seniority entitled them or their seniority will be terminated. 37

38 b. PROCEDURE FOR REDUCTION QUALIFIED NON-CRAFT (1) The employee reduced or bumped from a classification on a shift shall be entitled to claim the job of a less senior employee in a classification and shift of their choice based on plant seniority and qualifications. (2) An employee who elects not to bump because of a reduction from a classification may take a voluntary layoff provided there is a plant layoff until they are the lowest person in seniority on the layoff list. c. PROCEDURE FOR REDUCTION NON-QUALIFIED NON-CRAFT (1) When an employee working in a classification is reduced or bumped from their classification or posted shift arrangement, the employee may bump a less senior employee in a classification and shift arrangement of their choice, providing the employee has the necessary plant seniority and qualifications. 38

39 (2) An employee who elects not to bump because of a reduction from a classification may take a voluntary layoff provided there is a plant layoff until they are the lowest person in seniority on the layoff list EMPLOYEES ON LAYOFF. a. Employees who are or shall be laid off due to lack of work and later reemployed shall accumulate seniority rights. b. Employees shall be given documented notification at least three (3) working days in advance of impending layoff from the plant or three (3) days pay in lieu thereof RECALL AFTER LAYOFF. a. When it is necessary to employ additional employees, employees laid off due to lack of work will be recalled in order of their plant seniority, provided they are qualified to handle the jobs, before new employees are hired When a vacancy occurs, seniority rights shall be considered in choice of shifts with due regard to efficiency of the organization and the work to be done. 39

40 9.09 All employees on layoff shall have their names kept on the seniority list LEAD PERSON. a. The lead person rate shall be $1.00 above the classified rate of the classification normally led. Overtime for lead persons, insofar as possible, will be equalized within the classification. b. The selection of lead persons will be as follows: (1) Posting (2) Personal application (3) Interview and rating by company and union representatives (4) Recommendation to Management (5) The selection process for Lead Person agreement dated April 2014 will be utilized for the selection of the Lead Persons and Multi Craft Lead Persons. (6) For Lead person reduced for reasons other than disqualifications see

41 9.11 Job classifications, qualifications required, and responsibilities shall be established by 3M. The rates of pay of these classifications shall be negotiated by3m and the Union. All job descriptions and qualifications will be made available to the Union upon request. In the event a change is to be made in the job description or qualifications the Union will be notified prior to such change taking place All regular full-time employees are eligible for tuition reimbursement under the Tuition Reimbursement Policy. You must be an active employee, receive management support, and satisfy the criteria of the program. The company reserves the right to make changes to the policy as deemed necessary TRANSFERS: a. If an employee signs a plant posting in another job classification, and during the forty-five (45) calendar days period in that job classification, signs another plant posting, the employee has the original forty-five (45) calendar days to return to the employee s former job classification but has no right to return to the second job the employee left. Should an employee return to their former job classification and shift 41

42 arrangement the COMPANY will fill the created vacancy first from any remaining qualified signers on the original posting. If there are no remaining qualified signers, the vacancy will be posted again. ARTICLE 10. VETERANS M agrees to comply with the provisions of the Selective Service Act governing the reinstatement of 3M veterans In the event a 3M veteran returns from military leave of absence after having served as a result of the Selective Service Act, the employee may claim a position to which the employee would have been promoted had the employee remained actively employed, provided the employee claims the job within thirty (30) days following reinstatement. If such claim is made, the employee will advance to the higher job in accordance with their ability to perform the work M veterans who are assigned limited work because of a handicap or disability received while in Military Service shall be considered as a special seniority group and shall not be displaced from those jobs except that when the number of limited jobs performed by disabled 3M veterans is to be reduced, layoff or 42

43 transfers will be made in accordance with the seniority provisions of this Agreement M shall appoint a representative and the UNION shall appoint a representative who shall meet for the purpose of resolving special problems concerning veterans. Their decisions shall be final and binding on both parties M will pay the difference between military pay and an employee s straighttime hourly base rate earnings for a period up to two (2) weeks of forty (40) hours each in any one calendar year when an employee participates in an annual military encampment or cruise, or is ordered to active military duty during an emergency or disaster (i.e., fire, flood, riot, tornado). Time spent on such active military duty or emergencies shall not affect an employee's vacation benefits M s Military Service Policy in effect will be maintained for the duration of this Agreement Any employee who enters the Military Service of the United Stated shall maintain and accumulate seniority during the period of such service to the extent provided by applicable federal 43

44 regulations. Upon termination from Military Service, the employee shall be returned to work in accordance with applicable federal regulations. If you leave employment with 3M to serve in the uniformed services, the Uniformed Services Employment and Reemployment Rights Act (USERRA) may provide you with certain rights. If your employment is interrupted because of uniformed services, 3M will supply you with additional information regarding your rights to coverage and other USERRA rights. ARTICLE 11. GRIEVANCE PROCEDURE REPRESENTATIVES. The UNION may designate representatives for each section on each shift and in each classification for the purpose of handling grievances which may arise in that classification. The UNION will inform the Plant Human Resources Office in writing, as to the names of the authorized representatives. Should differences arise as to the intent and application of the provisions of this Agreement, there shall be no strike, lockout, slowdown, or work stoppage of any kind and the 44

45 controversy shall be settled in accordance with the following grievance procedure. If a written grievance bearing the grieved employee s signature is not presented to management within 30 working days of the event or knowledge, it shall nullify the ability to grieve the alleged violation GRIEVANCES. Step 1. The employee and the Steward shall take the matter up with the employee s supervisor. If no settlement is reached in Step 1 within two (2) working days, the grievance shall be reduced to writing on the form provided for that purpose. Step 2. If no settlement is reached in Step 1, the written grievance shall be presented to the Company, who shall hold a meeting within five (5) working days of the date of the written grievance unless mutually agreed to extend. Those in attendance will be the Supervisor, General Supervisor and/or Manager, the employee, the Steward, committee rep and the President or Designee. Management or the union may 45

46 request that HR attends the grievance meeting. The Company will answer in writing within ten (10) working days of the Step 2 meeting. Step 3. If no settlement is reached in Step 2, within 15 working days, the matter will proceed to Step 3. Those in attendance will be the General Supervisor and/or Manager, HR Manager, the committee rep, the President or Designee, recording secretary, and with or without the International Representative. Step 4. If no settlement is reached in Step 3, the Company and the Union may mutually agree within ten (10) working days of the date of the Company s Step 3 answer, to submit such grievance to a mediator representing the Federal Mediation and Conciliation Service at a meeting which shall be attended by not more than four (4) representatives each from the Union and the Company. If the grievance is not settled during mediation, it may then proceed to Step 5, Arbitration. 46

47 Step 5. If after following the above steps of the grievance procedure, the grievance is not settled to the satisfaction of the Union, it may, within ten (10) working days after the decision of Company representatives in Step 4 or if mediation is used, within ten (10) working days following the meeting with the mediator, be submitted to arbitration provided, however, that only the grievances concerning the interpretation or application of the terms of this Agreement may be submitted to arbitration. The parties shall meet in an attempt to tentatively identify the issue to be arbitrated. The parties shall confirm the issue to be arbitrated at the time of arbitration. If the parties are unable to agree to the issue, the issue to be arbitrated will be referred to the arbitrator to decide. If such grievance is submitted to arbitration, the Union and the Company will request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. After this list of arbitrators is received, the parties shall meet to select one (1) arbitrator from the list. This will be 47

48 done by alternately striking names until one (1) name remains. The remaining name shall designate the name of the arbitrator. The Company and the Union will bear the expenses of their own portion of the cost of arbitration and any other expenses of the arbitration proceeding shall be divided equally. The decision of the arbitrator shall be final and binding on all parties In order to assure the prompt settlement of grievances as close to their source as possible, it is mutually agreed that the above Steps shall be followed strictly in the order listed and no Step shall be used until all previous Steps have been exhausted. A Settlement reached between 3M and the UNION in any Step of this procedure shall terminate the grievance and shall be final and binding on both parties The arbitrator shall not have the authority to modify, change, or amend any of the terms or provisions of this Agreement, or to add to, or delete from this Agreement. 48

49 ARTICLE 12. TEMPORARY AND PART- TIME EMPLOYEES Employees who are regularly scheduled to work part of a day or part of a week, or who are unable to work on a regularly scheduled shift basis, shall be considered part-time employees. In addition, employees hired from December 15 to September 15 to work a regularly scheduled shift for a temporary period of time shall be considered temporary employees. The number of temporary employees shall not exceed ten percent (10%) of the total hourly work force, except during the months of May through September 15 when the total may be fifteen (15%). Temporary employees must be terminated by September 15. Temporary employees may be retained after September 15 or hired during the months September 15 to December 15 with approval of the UNION. If temporary employees are rehired on a regular basis they will be considered new employees from their date of rehire. a. Temporary employees on the payroll shall have no seniority status. In the event of transfer to the regular payroll, they will start as new employees with their seniority dated from their date of hire. 49

50 b. Temporary employees will not participate in any 3M benefits. c. Temporary employees will receive eighty percent (80%) of the classified rate in which they are working. d. In the event of a reduction in the workforce, temporary employees shall be the first to be laid off. e. Temporary employees shall become members of the UNION on the same basis as regular employees. f. In the event a temporary employee has once joined the UNION and is rehired at any future date as a temporary employee, the temporary employee shall immediately join or reinstate themselves as a member of the UNION and shall pay dues for the month in which the employee is rehired. g. It is not the intent of this article to have temporary employees fill in for regular employees except as vacation replacement or for medical reasons. 50

51 12.02 Employees on layoff shall have first claim to temporary work outlined in section above under the following conditions: a. The employee shall notify 3M at the time of layoff that the employee is available for such work. b. The employee shall accept any temporary work offered to them for which the employee is qualified, or the employee s name shall be removed from the temporary role until written notice of availability is received from the employee for the following month. Two (2) consecutive refusals shall permanently remove the employee s name from this list. c. Work accepted or declined under this Article does not change the employee s status as a laid off employee. d. Laid off employees described in this article shall receive their appropriate rate, service credits and benefits immediately. e. The UNION will be notified of temporary recalls. 51

52 ARTICLE 13. VACATIONS One (1) day of vacation shall consist of eight (8) hours pay at the employee s regular straight time hourly base rate Vacations in one hour up to eight hour increments may be granted at such times of the year as 3M finds most suitable considering the requirement of operations and the wishes of the employee according to plant seniority. In order for vacation to be considered, request must be made by the end of the employee s last regularly scheduled shift prior to the vacation. For example: Vacation taken on Monday must be requested before the end of the employee s shift on Friday. Each calendar year, three vacation requests will be granted on a short term notice prior or during the employee s regularly scheduled shift. These short notice vacation requests must be in one hour increments, up to eight hours each. For example: An employee who makes two request for 8 hours, and one request for 2 hours, will exhaust his/her three short term notice vacation requests. These requests will be deducted from the employee s vacation allotment per the CBA. 52