Local 892 Faurecia Contract

7/30/2019 Local 892 Faurecia Contract

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President, Mark Caruso President’s Report

COLLECTIVE BARGAINING

AGREEMENT

Between

FAURECIA InteriorsSystems, INC.

And

INTERNATIONAL

UNITED AUTOMOBILE, AEROSPACE AND

AGRICULTURAL IMPLEMENT WORKERS OF

AMERICA,

LOCAL NO. 892

Agreement

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Article 1

PURPOSE

1.01 The purpose of this Agreement is to establisha framework of understanding that will insure theproduction of a world class product in a participative

environment, enabling us to provide the highestdegree of customer satisfaction in the automotiveindustry.

- Providing a quality product competiti-vely priced.

All employees (salaried and hourly) are part of the Company team and as such will be providedthe opportunity to contribute and grow withoutconstraints of articial barriers and participate in

continuous improvement and training events.

- We are committed to an environmentthat encourages initiative, experimentation, conti-nuous improvement, elimination of waste and newideas supported by an open communication system.

1.02 The Saline Plant will be one of Faurecia’s show-case plants, as such; the parties agree to allow em-ployees outside the bargaining unit to be trainedwithin the plant. The intent is to provide real timetraining and better understanding of Faurecia’s Sys-tems for hourly and salary employees and whenappropriate other non-Faurecia personnel. Thetraining programs will not create any layoffs to anyactive Union employees.

1.03 This Agreement establishes harmonious rela-tions between the parties and to facilitate orderlyadjustment of grievances, complaints, and disputes,which may arise from time to time between the

Company and the Union. This Agreement is enteredinto in consideration of the mutual performancethereof in good faith by the parties.

Article 2

RECOGNITION

2.01 Faurecia Interiors Systems, _____________, Sa-line, Mi. (hereafter referred to as the “Company”)recognizes the International Union, United Automo-bile, Aerospace and Agricultural Implement Wor-kers of America, Local 892(hereafter referred to asthe “Union”), as the sole and exclusive bargainingagent for all full-time production and maintenance,shipping, quality control, team leaders, employeesbut excluding all oce, clerical, technical, parapro-fessionals, professional employees, guards, security,all supervisors, and quality Technicians as dened

by the National Labor Relations Act, of the Companyat 7700 Michigan Ave. Saline, MI. This provisiondoes not confer any rights other than those rightsexpressly stated in the body of this agreement.

Article 3

MANAGEMENTRIGHTS

3.01 Except to the extent expressly abridged by aspecic provision of this Agreement, the Companyreserves and retains, solely and exclusively, all of itsrights to manage the business, as such rights existedprior to the execution of this Agreement with theUnion. These sole and exclusive rights of Manage-ment shall include, but are not limited to, its rightto determine the existence of facts which are thebasis of a Management decision; to determine and

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implement production and management systemssuch as the Faurecia Excellence System, to deter-mine prices of products, volume of production andmethods of nancing; the full and exclusive control, management and operations of its facilities, thedetermination of the scope of its activities, productsto be manufactured, and methods pertaining hereto,the location and relocation of such manufacturingand other business activities and operations: the

material and goods to be acquired or utilized, andthe equipment to be utilized, schedules of work, andproduction schedules and standards, the right todrop a product line; to determine, and from time-to-time re-determine, the size, number, location andtypes of its operations, and the methods, processes,and the materials to be employed; to discontinueprocesses or operations; to determine the numberof hours per day or per week operations shall becarried on; to select and to determine the numberand skills of employees required; the right to esta-

blish, change, combine or eliminate jobs, positionsor classications, as well as departments, sections,and units: the right to establish wage rates for newor changed jobs or positions, subject to the pro-visions of Article 32: the right to introduce or tomake technical changes to procedures, methods,processes, facilities, xtures and equipment: theright to contract, subcontract, whether in-house oroff premises, lease, license, transfer or convey or as-sign any manufacturing work, department section,or unit or other operation, outside the bargainingunit: the determination of the number of employees,the assignment of duties to employees, and the di-rection of the work force, including but not limitedto hiring, selecting and training, of employees, anddisciplining, suspending or discharging employees,the cause of which discharge shall not be without

just cause, scheduling, assigning, laying off, recal-ling, promoting, transferring and interchanging of its employees: to assign work to such employees inaccordance with the requirements determined byManagement; to establish and change work sche-dules and assignments; to transfer, promote, or

demote employees or to layoff, terminate or othe-rwise relieve employees from duty for lack of workor other legitimate reasons; to determine the factof lack of work; to make and enforce reasonablerules for the maintenance of discipline; to suspend,discharge, or otherwise discipline employees for

just cause and otherwise take such measures asManagement may determine to be necessary forthe orderly, ecient and protable operations of

its business. The Company’s failure to exercise anyright, prerogative, or function hereby reserved toit, or the Company’s exercise of any such right,prerogative, or function in a particular way, shallnot be considered a waiver of the Company’s rightto exercise such right, prerogative, or function orpreclude it from exercising the same in some otherway not in conict with the express provisions of this Agreement.

3.02 It is the intention of the Company and Union

that the rights, powers, authority and functionsreferred to herein shall remain exclusively vestedin the Company so far as specically surrenderedor limited by express provision of this agreement.Disputes pertaining to the reasonableness of anynew or changed rules and regulations implemen-ted by the Company may be taken up through thegrievance and arbitration procedure identied inArticles 7 and 8 of the agreement.

Article 4

UNION SECURITY,DUES CHECKOFF

and VCAP

4.01 The following provisions as to membership,and deduction of Union dues with respect to theemployees within the collective bargaining unit are

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agreed to for the term of this Agreement, provided,however, that they shall be effective only subject toand conditional upon the Union and the employeescomplying with the applicable provisions and requi-rements of the Labor-Management Relations Act,1947, as amended.

4.02 It shall be a condition of employment that allemployees covered by this Agreement who are mem-bers of the Union in good standing and those who arenot members on the effective date of the Agreementshall become members not later than Thirty (30)days following the effective date of this Agreement.It shall also be a condition of employment that allmembers covered by the Agreement and hired du-ring the term thereof, shall, on or before the Thir-tieth (30th) working day following the beginning of such employment on or after the Thirtieth (30th)

day following the effective date of the Agreement,whichever is later, become and remain members ingood standing with the Union. The Company shallnotify new employees at the time of hiring of therequirement. The Union agrees to accept for Unionmembership all employees hired by the Companywho apply for membership.

4.03 The Company shall not be required to terminatethe employment of any employee on the groundsthat such employee has ceased to be a member ingood standing until the expiration of ve (5) workingdays after receipt of notice in writing by the Unionto the Company that such employee is not a mem-ber of the Union in good standing. It is understoodand agreed, pursuant to the Labor-ManagementRelations Act, 1947, as amended, that loss of goodstanding in the Union shall not affect continuedemployment unless such is failure to tender regulardues or initiation fees as uniformly required for allemployees. The employee shall have the right topay such dues or initiation fees within said ve (5)working day period.

4.04 Upon receiving the written authorization of anemployee in a form provided to the employee by theUnion, the Company agrees to deduct from the rstcomplete pay period each month such amounts asshall be xed pursuant to the by-laws and Constitu-tion of the Union during the continued effectivenessof such written authorization.

4.05 The Union will certify in advance to the Com-

pany, in writing, the amount of dues and initiationfees to be deducted from the pay of each employee,and shall indemnify and hold harmless the Companyagainst any liability which may arise by reason of the deduction by the Company of the Union duesand initiation fees hereunder. In no event shall theCompany be liable to any employee for and deduc-tion from the pay of any such employee of Uniondues and initiation fees, or any payments made bythe Company to the Union hereunder.

4.06 All sums shall be remitted once a month to theFinancial Secretary of the Union, or other autho-rized person named by the Union, and shall includea monthly statement indicating those employeesfrom whose earnings deductions were made andthe amount of such deduction. The Union shall notask for nor shall the Company be required to pro-vide the social security number or date of birth of any individual.

4.07 In the event an employee has no dues deductedin any calendar month, the Company shall explainthe reason on the monthly dues deduction state-ment.

4.08 V-Cap Check-off Authorization

During the life of this Agreement, the Companyagrees to deduct from the pay of any employees co-vered by this Agreement provided that such executesor has executed the “Authorization for Assignmentand Check-off of Contributions to UAW V-Cap” form.

A properly executed copy of the “Authorization forAssignment and Check-off of Contributions to UAW

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V-Cap” form for each employee for whom volun-tary contributions to UAW V-Cap are to be deduc-ted hereunder, shall be delivered to the Companybefore any such deductions are made, except as toemployees whose authorizations have heretoforebeen delivered.

Deductions shall be made only in accordance withthe provisions of and in the amounts designated in

said “Authorization for Assignment and Check-off of Contributions to UAW V-Cap” form, together withthe provisions of this section of the Agreement.

Deductions shall be made, pursuant to the formsreceived by the Company, from the employees rstpay received each month so long as the employee’sauthorization has not been revoked and is still ineffect.

The Company will remit said deductions to: UAW-

VCAP, Bank One, Dept. 78232, Article 23 VoluntaryExchange, P.O. Box 78000, Detroit, MI 48278-0232by the 20th of each month. The Company furtheragrees to furnish UAW V-Cap with the names of thoseemployees from whom deductions have been made,and the amounts deducted for each employees. Thisinformation shall be furnished along with each re-mittance.

The Union shall indemnify and save the Companyharmless from all claims, demands, suits, or anyother liability arising out of or by reason of actiontaken or not taken by the Company for the purposeof complying with this section of the Agreement.

4.09 The check off authorization format to be sup-plied by Local 892 is attached to this Agreement.

Article 5

STRIKES ANDLOCKOUTS

5.01 The Union and Company agree that both desireuninterrupted production and operation. Duringthe life of this Agreement, the Union shall not au-thorize, sanction, encourage, ratify, acquiesce in,condone, or permit any of its members to take partin, nor shall any member of the Union take partin, a sit-down, stay-in, slowdown, curtailment, of work, restriction of production, strike, stoppage,articial sick call, sympathy strike, unfair labor

practice strike, secondary activity, sabotage, non-respectful of work instructions, the production of non-quality parts, or any interference of operationsof the Company.

5.02 The International Union or the Local Union shallnot be held nancially liable for any such Unautho-rized Acts provided that upon receipt of notice fromthe Company of the occurrence of any UnauthorizedActs, the International Union and the Local Unionshall immediately and ocially notify employeesinvolved to terminate such Unauthorized Acts andpromptly take the following actions:

1. The International Union by certied let-ter to the Local Union ocers shall state that suchUnauthorized Acts are not directed or authorizedby the Union and are in violation of this Agreement.

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2. Endeavor to induce employees to cease suchUnauthorized Acts.

3. The Local Union ocers and stewards shall, byexample, continue to work and endeavor to induceall other employees to do so.

5.03 The Company agrees that there shall be no loc-kout of any kind during the term of this agreement.This Lockout provision shall not apply in the eventof an authorized strike.

5.04 Any employee engaging in, or assisting suchaction, shall be subject to disciplinary action up to

and including termination.

Article 6

UNION REPRESENTATION

6.01 The Company acknowledges the right of theUnion to elect a Plant Committee;

· 1-200 employees, there will be 1full time Chairperson

· 201-600 employees, there will be 1full time Bargaining Committee persons.

· 601- 900 employees, there will be 1additional full time plant District committee person

· 901- 1500 employees, there will be 1additional full time plant District committee person

· 1501-2000 employees, there will be 1additional full time plant District committee person

Plant Committee representatives will be assigned

to shifts designated by the chairperson.

6.02 The duty of the committeepersons, or plantchairperson, shall be, but not limited; to representthe employee(s), administer the Collective Bargai-ning Agreement, Health and Safety,Quality, Ergo-nomics, process grievances as outlined in the Grie-vance Procedure and assist in resolution of generalconcerns of the membership.

6.03 The Union will inform the Company in wri-ting of the names of the committeepersons andplant chairperson, and any subsequent change inthe names of the committeepersons and the plantchairperson, and the Company will not be requi-red to recognize the committeepersons and plantchairperson until such notication from the Union

has been received. There shall be one (1) alternatecommitteeperson for each regular committeeperson

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and that alternate is to be active only in the absenceof the regular committeeperson.

6.04 The Company agrees to recognize a Negotia-ting Committee which will be the Plant Committee,

along with Representatives from the InternationalUnion, and/or the President of the UAW Local 892.

6.05 The Company will provide six (6) keyed Unionbulletin board. The boards will be placed in each of the ve break areas and one (1) in front of the Unionoces for ocial Union business. Plant Chairper-son will be the owner of the keys. The Union willbe allowed to hand out leaets in the lunch room

and at the plant entrance only.

6.06. Chairperson will be paid 10 hours per day at theappropriate rate Monday – Friday. Saturday/Sunday/Holiday overtime will be scheduled to work if 2 ormore people in the plant are scheduled to work.

6.07. Bargaining committee person will be scheduled40 hours per week Monday – Friday. The bargai-ning committee will be scheduled daily overtimeconsistent with the production schedule. Saturday/Sunday/holiday will be scheduled when 50 or morepeople in the plant are working.

6.08. District committee will be scheduled 40 hoursper week Monday – Friday. The district committeewill be scheduled daily overtime consistent with the

production schedule. Saturday/Sunday/Holidays ashift of 50 or more employees working on a given

shift, 1 District committee person will be scheduledto work the shift.

6.9. The Company will maintain the current Unionoces and conference room. Should circumstancesarise with maintaining the Union oces, conferenceroom, or hours of work, the parties agree to discuss

such issues and implement changes upon mutualagreement.

6.10. The Company and Union will discuss upda-ted or refurbishing of computers, printers, ocesupplies, fax machine, desks, chairs tables andpartitions. The Company will refurbish, updateor replace, as mutually agreed too, in an agreedamount of time.

Article 7

GRIEVANCEPROCEDURE

7.01 A grievance is dened as a specic allegedviolation of this Agreement, or a dispute as to theinterpretation or application of any provision of this Agreement.

7.02 The following procedure will be followed insettlement of such grievance(s).

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Step One – Supervisor Level

An aggrieved employee shall rst discuss the grie-vance with the employee’s immediate supervisoror the employee’s designee. If this employee is stillaggrieved after the discussion, the employee mayrequest that the supervisor send for the designated

committeeperson for further discussion of the mat-ter. If the complaint or issues cannot be resolved, thegrievance shall be reduced in writing and statingthe nature of and facts giving rise to the grievance,the specic provision(s) of this Agreement thatare alleged to have been violated, and the remedysought. This written grievance shall be presented bythe employee’s committeeperson to the supervisorwithin three (3) working days of the occurrenceor when the Union or employees are made awareof the alleged violation. The supervisor shall give

a reply in writing to the committeeperson withinthree (3) working days following receipt of the writ-ten grievance.

Step Two – Manager Level

If the grievance has not been settled at Step One, thecommitteeperson may, if within three (3) workingdays of receipt of the supervisor’s written reply,request, in writing, a meeting between the com-mitteeperson and the department manager or de-signated representative, but without the employee,who will arrange such a meeting within three (3)working days thereafter to attempt settlement.

The department manager will give written answer tothe grievance to the committeeperson within three

(3) working days following the meeting.

Step Three – Plant Manager’s Level

If the grievance has not been settled at Step Two,the plant chairperson, prior to the expiration of ve(5) working days after receipt of the department

manager’s written answer, may request in writing ameeting with the plant manager. A mutually satisfac-tory date will be established for the plant manageror representative and Union’s grievance committeeto meet. The Company’s answer shall be given tothe Union, in writing, within six (6) working daysfollowing the meeting.

The Chairman of Local 892 or representative of the

International Union will attend a Step 3 meetingprovided a 24-hour advance notice of their atten-dance is given to the Company. If requested at thetime of such advance notice, the representative of the International Union may consult with the ag-grieved employee prior to the start of or during theStep 3 meeting.

Grievances dealing with discharge shall commencewith the Third Step of the Grievance Procedure,with strict adherence to the terms of the Third Stepof the Grievance Procedure.

The time limits foreseen at the various steps of theGrievance Procedure may be extended by mutualconsent in writing by both parties.

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No matter may be submitted to Arbitration whichhas not been properly carried through all previoussteps of the Grievance Procedure.

Failing a satisfactory settlement as in Step Three,the grievance may be submitted to Arbitration asoutlined in Article 8 of this Agreement.

7.03 The Company shall not be subject to any nan-cial liability for any period more than, up to, thirty(30) days maximum, prior to the date a grievancewas led in writing, subject to Section 8.06.

7.04 Neither the Union nor the Company shall accept

or advance a grievance unless it is submitted orappealed within the time limits set forth in the grie-vance or arbitration provisions of the agreement.If the Union does not submit a timely grievance orappeal, then it shall be deemed a withdrawal withoutprejudice. If the Company does not submit a timelyanswer to a grievance or appeal, then the grievanceshall be deemed settled, without prejudice, in favorof the Union.

Article 8

ARBITRATION

8.01 If a satisfactory settlement of a grievance can-not be reached between the parties at Step Three

of the Grievance Procedure, the Union may, withinthirty (30) calendar days from the receipt of the

Company’s Third Step answer, request that thegrievance be arbitrated. Such written request toarbitrate shall be set forth (i) the specic action ornon-action claimed to constitute a violation of thisAgreement, (ii) the specic provision or provisions(paragraph or paragraphs) of the Agreement clai-med to be violated, (iii) the specic relief requestedand the specic employee or employees for whomthe relief is requested.

8.02 The parties shall mutually select an arbitrator.In the event they cannot agree on the selection of anarbitrator, the parties shall select an arbitratorfrom the following panel: Barry Brown, MarioChiesa, William Daniel, Mark Glazer, Peter Jason,Michael P. Long, George Roumell, David Grissom,Nora Lynch, Donald Sugerman, and Elaine Frost.Upon mutual agreement of the parties the list

may be modifed. The grieving party shall strikea name rst from the panel of arbitrators, and the-reafter the parties shall alternate until one remains,who shall be the arbitrator.

8.03 More than one (1) grievance may be heard byan Arbitrator at one (1) time provided the Arbitra-tor, the Union and the Company agree. The Unionshall make the nal determination as to whetheror not any grievance involving employees in thebargaining unit shall be processed and whether ornot any grievance in process shall be settled.

8.04 The Arbitrator shall have no power to add to,or subtract from, or modify any of the terms of thisAgreement; nor shall the employee exercise anyresponsibility or function of the Company or theUnion. No questions affecting the negotiated wagestructure or production standards of the Company

shall be raised to the arbitrator.

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8.05 The Arbitrator’s award shall be made in writingand shall be rendered within thirty (30) calendardays after the closing of the proceedings or submis-sion of post-hearing briefs.

8.06 Any claims including claims for back wagesby an employee covered by this Agreement or bythe Union, against the Company shall not be validfor a period prior to the date the grievance wasrst led in writing, except that in cases based on aviolation which is continuing, if the circumstancesof the case made it impossible for the employee, orfor the Union, as the case may be, to know that he,or the Union, had grounds for such a claim prior tothat date, the claim shall be limited retroactively toa period thirty (30) days prior to the date the claim

was rst led in writing.

8.07 Any award of back wages and/or benets shallbe limited to the amount of wages and/or benetsthe employee(s) would otherwise have earnedfrom the employee’s employment with the Com-pany during the periods as above dened. Speci-cally excluded from any award of back wages and/or benets are statutory benets and payments towhich the employee(s) is entitled including but notlimited to unemployment and workers’ compensa-tion benets.

8.08 The Grievance and Arbitration Procedures of this Agreement shall not be applicable to grievancesarising in the period between the termination of thisAgreement and the effective date of a subsequentAgreement unless an extension of this Agreementis agreed upon by both parties.

8.09 Regardless of the outcome of any matter sub-mitted to Arbitration, costs thereof shall be borneby the Company and the Union, share and sharealike. The cost of any additional service requiredby either party, this includes wages and expensesfor all persons involved, shall be borne by the partyrequesting these services.

8.10 The time limitations set forth in this Article orin Article 7 Grievance Procedure, may be extendedin a particular instance by mutual agreement of the Company and the Union conrmed in writing.

Article 9

SENIORITY

9.01 Seniority will refer to continuous service at theCompany since the employee’s most recent date of hire. After successfully completing the 90 workdaysprobationary period, seniority is measured backfrom the date of hire.

9.02 There shall be no seniority rights or collectivebargaining benets for probationary employees,and the Company may transfer, layoff, recall and/or discharge or suspend such employees for anyreason with such action not subject to the GrievanceProcedure.

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9.03 An employee will lose seniority and employ-ment with the Company will be terminated for anyof the following reasons:

(a) If the employee voluntarily quits.

(b) If the employee is discharged and thedischarge is not reversed through the grievanceprocedure.

(c) If the employee is retired under theCompany retirement policy.

(d) If the employee is absent for more thanthree (3) consecutive working days without pro-perly notifying giving a satisfactory reason for notcalling in.

(e) If the employee has been laid off dueto lack of work and does not return within ve (5)working days after being contacted personally toreport for duty.

(i) When the employee cannot be contacted,the Company will notify the employee, by registeredmail, to the employee’s last known address, andthe employee will be allowed no more than ve (5)working days from the signature date of such noti-cation to report for duty. A copy of the registeredletter will be provided for the plant chairperson atthe time of mailing.

(ii) If the employee is at work with anotheremployer, the employee will not lose seniority if theemployee reports for work with the Company wi-thin ve (5) working days following the employee’snotice of recall as outlined in Article 11.

(f) If the employee overstays any Company

approved leave of absence without receiving anextension, in writing, of such leave of absence.

(g) If the employee accepts gainful employ-ment while on any leave of absence without rstobtaining the consent, in writing, of the Company.

(h) If the employee is laid off due to lack of work and not recalled or absent for any other reasonincluding, but not limited to, workers compensa-tion injury or illness, or non-occupational injury orillness within a period exceeding the lesser of theemployee’s length of service or 2 years.

9.04 It shall be the responsibility of the employeeto notify the Company in writing promptly of anychange in their address and phone number (listed orunlisted). If an employee fails to do so, the Companywill not be responsible for failure of any contact ornotice to reach such employee.

9.05 An employee who is transferred to a supervi-sory position or salaried position will be placed onleave from the bargaining unit for no more than 90days. If the employee chooses to stay in a non-bar-gaining unit job the employee will lose all seniority

rights.

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9.06 For the purposes of lay off and recall, the plantUnion committee as described in Article 5 will betreated as if they had high seniority, provided suchemployees have the responsibility for the adminis-tration of the collective bargaining agreement andadjustment of grievances.

9.07 Seniority Tie Breaker

The following order will be used to break seniorityties as necessary under all procedures within thisLocal Agreement:

1. Faurecia Plant Seniority

2. Alphabetically “A” to “Z”

(“A” having the highest seniority)

3. Last 4 of your Social Security Number

(9 being the highest and 0 being thelowest)

Article 10

TEMPORARY ANDPERMANENT

LAYOFF

Temporary Layoff is identied as “a layoff of notmore than 14 calendar working days”. The Companywill notify the Union of each temporary layoff asfar in advance as possible. The affected employeeson the affected line/department will be laid off re-gardless of seniority for periods of less than 5 wor-king days. In cases of a shift re-align as a result of a temporary layoff, the affected employees will benotied, where feasible at least 5 days in advance

when circumstances surrounding the layoff allow.

1. During temporary layoffs, of more than 5 workingdays, the Company will rst survey for volunteersin seniority order by line, by department and byclassication.

2. If there are not enough volunteers employeeswill be laid off in seniority order by line, by de-

partment and by classication from low seniorityto high seniority.

3. Temporary layoffs will not be used for the purposeof avoiding permanent layoffs by scheduling a seriesof temporary lay-offs to meet planned productionneeds.

During short term layoff the Company may elect tofacilitate training workshops for all employees. Inthose instances, the Company will meet with theUnion to review their training plans and productionschedules.

Extensions and alterations may be granted withmutual agreement.

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ments for any like classications on any two postingsare different.

3. An employee shall apply for a job by comple-ting the Hourly Job Application form, indicating thebid sheet number. The bidding employee will retainthe blue copy of the Hourly Job Application form as

a receipt and place the remaining two copies in asecured receptacle provided for that purpose. Theposting and Hourly Job Application forms will belocated on the posting board outside the HumanResources oce. All postings shall include the bidsheet number, department name/number, pay rate,shift, and date of posting. A notice that a job is avai-lable for bid will be posted on the bulletin board atthe west hourly entrance.

4. An applicant who is selected, or who refusesa job prior to going on the job will not be eligibleto apply again for 60 days. The 60 days will startfrom the day the applicant refuses the job. Theapplicant will write refused next to their name onthe bid sheet and initial and date the bid sheet. Anapplicant who refuses or is disqualied within veworking days of being transferred to a job opening,will not be eligible to apply again for 120 days andwill be returned to his/hers previous job.

5. The Human Resource Department shall giveconsideration to all eligible candidates in seniorityorderand qualifcations from the highest seniorityapplicant to the lowest seniority applicant, until aselection is made. An employee’s refusal shall benoted and initialed on the posting. The selecting Hu-man Resources Department shall make the selectionknown to the Union in writing, and the reason for theselection no later than ten (10) days after the posting

is closed for bids. The Human Resources Depart-ment and the Union Committeeperson shall orally

discuss the selection. The Committeeperson shallmake his objection known to the Human ResourceRepresentative if he/she does not concur with theselection. The Committeeperson shall acknowledgenotication of the selection by signing and datingthe copy of the numbered bid sheet.

a. If a posting must be cancelled, the Human Re-source Representative must, at the time of the can-cellation, notify the Union in writing of the reasonsthereof.

b. The selecting Human Resource Representativemust sign-off on the posting before the selectionwill be considered ocial.

c. Prior to initiating a grievance, disputes willbe discussed at the Human Resources/Bargaining

Committee meeting.

6. The Union copy of the job posting will bereturned to the Committeeperson at the time he/she acknowledges receipt of notication of selec-tion. The Union copy shall be a legible copy of theoriginal posting.

7. An employee who is selected will be noti-ed of the selection as soon as possible. A selectedemployee will be transferred as soon as possible.

8. An applicant who is selected will not beeligible to apply for a lateral transfer until 90 dayshas elapsed on the job.

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9. After the selection is made, the postingnumber, the name, and seniority of the selectedemployee will be posted on the bulletin board bythe Union Oce.

10. The Company will maintain a list of employeeswith recall rights to a classied position and/or those

granted ‘next available opening’ via the grievanceprocedure to a classied position. The Companywill review this list prior to placing any classiedpositions up for bid.

11. Deviations from the provisions of this Agree-ment may be made by mutual agreement betweenthe parties.

12. When new employees are hired, they may beplaced on any shift for training until they attainthe necessary eciency level. Nothing containedin this Article shall be construed to limit the Com-pany’s right to hire new employees, if there are noqualied employees within the bargaining unit toll a job vacancy.

13. The Company and Union will jointly select a listof candidates for GAP Leaders. To ll a vacancy TheCompany will than assign the GAP leader from thelist. The Union may provide reasons why it believesthat a GAP leader should be removed; however, it isthe sole right of the Company to remove GAP Lea-ders. .Employees will be considered for GAP leadersonly if they have 6 months of service and have notbeen disciplined up to a written warning. GAP lea-ders will improve the quality, eciency and workenvironment through continuous improvement and

through the elimination of waste however they willnot have managerial rights.

14. In the event of a job vacancy in Skilled Trades/Process Tech the employee who meets the minimumqualications with a passing score, on a test mutual-ly developed by the Company and the Union and willbe selected in seniority order and awarded the job.The Company reserves the right to hire employeesfor maintenance from outside the bargaining unit.

15. In the event of a transfer of operation(s) wi-thin the plant from one department to another, theparties will meet prior to the effective date of suchtransfer to establish a mutually agreeable meansof selecting the employee(s) who will transfer withthe identied operation(s).

12.02 LATERAL TRANSFER:

1. A seniority employee may apply for a lateraltransfer at the Human Resources Oce by comple-ting a form provided for that purpose. The employeemaking such application may specify departmentand/or area, as well as classication, if so desired.

2. An employee will be eligible to have applica-tions on le for only two jobs at any one time. Anemployee may change the jobs applied for at anytime before a lateral transfer is offered.

3. The lateral transfer application le will bemaintained by seniority and classication.

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4. The Human Resources Oce will maintainan alphabetical le of applications of employeeswho accept or decline a lateral transfer. Such ap-plications will be retained for a period of 180 days.An employee who declines a lateral transfer will beineligible to apply for another lateral transfer fora period of 180 days from the date the employeedeclines the offer.

5. Lateral transfer applications withdrawnbefore a job is offered will be initialed and datedby the applicant and retained in an alphabeticalle for one year.

6. An employee who accepts a lateral transferwill not be eligible for promotion until 90 days elapse

from the date of the transfer.

7. Effective as of the date of this agreement,the Company is not obligated to process more thanone (1) lateral transfer monthly to the Assembly/Disassembly classication. These will be processedin the normal manner.

8. A copy of each lateral transfer applicationshall be provided to the Union on the date of lingby the employee. The Union will also be provideda copy of each offered lateral transfer opportunityand a copy of the employee’s acceptance or rejec-tion of the offered opportunity. Applications mustbe on le seven or more calendar days prior to thereceipt of the requisition.

9. An employee may only receive 1 lateral transferper year.

Article 13

TEMPORARY

TRANSFER

13.01 A transfer shall be considered temporary pro-vided it does not exceed (30) days. If such transfer ex-ceeds this period, it will be declared as a permanentvacancy and posted for job bidding in accordancewith the job posting provisions. The Company andUnion may extend this period by mutual agreement.

13.02 Vacant jobs created as a result of illness, injury,or occupational accident or illness, or leave will notbe posted as a permanent vacancy and may be lledat the discretion of the Company on a temporarybasis for the duration of the illness, injury or leaveof absence. Such job vacancies will not be subjectto the seniority provisions of the Agreement duringthis period.

The following procedure has been developed for theplacement of and removal of employees on tempo-rary classications:

1. The Union will be notied, in writing, of all em-ployees on temporary openings and the reason forsuch openings on a weekly basis.

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2. Any issues/concerns with employees on tempo-rary classications should be expressed to the Su-pervisor with the opening as soon as an issues arise.

3. When a temporary opening occurs, the selectingSupervisor will give initial consideration to thosequalied personnel within his department.

4. Temporary classications for 30 days or less willbe lled by the Supervisor/HR who has the vacancy.Temporary classications of 31 days or more willbe reviewed by Human Resources, the Union, andthe Supervisor who has the vacancy, at the Union’srequest, and the appropriate course of action willbe agreed to.

5. The Supervisor reclassifying an employee tem-porarily will be required to note the reason for thetemporary opening and the duration of the assign-ment. This information will be available for reviewby the Union.

6. Temporary classications lled for annual newmodel launch periods will be reviewed by the Hu-man Resource oce and the Union at the end of 30days and the appropriate course of action will bedetermined and implemented.

7. Employees who are assigned temporary classi-cations without the benet of prior experience willnot be subject to bumping by senior employees untila period of 30 days has elapsed.

8. At the completion of a temporary assignment, theemployee will return to his or her former permanentclassication and/or department.

9. In the event a reduction in force occurs, employeeson temporary assignment will be incorporated, inseniority order, in their original classication and

are subject to being bumped.

10. It is understood by the parties that deviationsmay be required from the above procedure dueto the requirements of the annual launch period.When deviations are made, the Company and Unionwill meet to discuss the reasons for such deviations.

Article 14

Temporary Employees

14.01 The Company reserves the right to use Tem-porary employees who may be hired or transfer-red from other positions within the Company fora period of 90 days or less.

14.02 Such Temporary employees will not displaceregular employees.

14.03 Temporary employees who complete 90 daysor more on such status will have the 90 day proba-

tionary period waived, and their date of hire as atemporary will be considered their seniority date.

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The intent of this language is to ensure that on day91 the employee will be a full time employee of theCompany.

14.04 It is not the intent of the Company to utilizeTemporary employees to subsidize hiring perma-nent employees.

Article 15

PAID HOLIDAYS

15.01 The following will be considered as paid ho-lidays:

New Year’s Day

MLK Day

Good Friday

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Eve Day

Christmas Day

New Year’s Eve Day

Days between Christmas and New Year

One Floating Holiday to be decided by the Company

15.02 An employee will be paid for a paid holiday

listed in Clause 15.01 if they work their scheduledworking days immediately preceding and imme-diately following the paid holiday.

15.03 An employee will also be paid for a paid holi-day if they were laid off within ten (10) work daysprior to, and including a paid holiday list in thisarticle; or if they return to work on their scheduleddate of return from a layoff within ten (10) work

days of the paid holiday.

15.04 Probationary employee(s) are not entitled topaid holidays.

15.05 Employees eligible for payment of a paid holi-day will be paid on the basis of the applicable hourlyrate of the job and applicable shift premiums towhich they are assigned the day prior to the holiday,up to a maximum of eight (8) hours. Employeesscheduled to work on holidays shall not receiveholiday pay if they fail to perform such scheduledwork, unless they can show reasonable cause tothe Company.

If employees are required to work during a holidayperiod, they will be paid at twice the employee’s

hourly rate, in addition to holiday pay.

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15.06)Seniority employees who have gone on sickleave during the workweek in which the holidayfalls shall receive pay for such holiday. Employeeon sick leave of absence when the holiday(s) occurswho return to work following the holiday(s) butduring the week in which the holiday(s) falls shallreceive pay for such holiday(s).

15.07.

A seniority employee on a personal leave of absencewhich expires in the Christmas holiday period whichfall (1) after the nal day of such leave, or (2) on andafter the date he noties his plant of his availabilityfor work, whichever is later.

Article 16

VACATIONS

16.01 Employees shall be entitled to receive vaca-tion time and pay on or after January 1st of eachyear, provided they have worked 1600 hours in theprevious 12 months

16.02 Employees with less than 1600 hours and 1200or more in the previous 12 months will receive 67%of vacation entitlement.

16.03 Employees with less than 1200 hours and 1000or more in the previous 12 months will receive 50%of vacation entitlement.

16.04 Employees with less than 1 year of seniorityby January 1st will earn 8 hours pay for any calen-dar month in which the employee has worked at

least 130 hours to a maximum of 80 hours of paidvacation.

16.05 All contractual paid time off, workers com-pensation, non-voluntary temporary lay-off andUnion leaves will count towards the eligibility forcalculation of vacation hours.

Seniority employees will receive vacation time andpay on January 1st of each year as follow;

Employee with Less than 1 year Days earned up to 80hours paid vacation

1 year but less than 5 years 80hours of paid vacation

5 years but less than 10 years 120hours of paid vacation

10 years but less than 15 year 140hours of paid vacation

15 years but less than 20 years 160hours of paid vacation

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16.06

A. The Company shall approve vacations fromNovember 1st through December 15th by seniorityand then rst come rst serve. The employee mustgive the Company 48 hours advance notice for va-cation that was not scheduled during the above

mentioned time frame.

B. Employees may not take vacation periods of less than 4 hours per day. Once a vacation has beenscheduled, it may be changed with the approval of the Company.

C. Eligibility for vacation time and pay is based onthe year prior to the vacation year. All employeesshall take their vacation in the vacation year, Ja-nuary1st to December 31st, and cannot accumulatevacation to be taken in a subsequent vacation year.

D. Vacation pay will be paid the regular pay datepreceding the scheduled vacation provided a for-mal request was made, in writing, and approvedtwo (2) weeks prior to the vacation time requested.The Company will payout all unused vacation byFebruary 1st of the following year.

16.07 All employees will be asked to use their remai-ning vacation for all customer shut downs. Thoseemployees who opt not to use remaining vacationtime, will be laid off.

Article 17

HOURS OF WORK

17.01 The normal hours of work will be Mondaythrough Sunday. Forty (40) hours will constitute anormal workweek.

17.02 The workweek shall be deemed to commencewith the No. 1 shift Monday and end one hundredsixty-eight (168) hours thereafter.

17.03 An employee whose scheduled shift starts onor after 7 P.M. but before 5 A.M. shall be deemed tobe working the No. 1 (midnight) shift.

17.04 An employee whose scheduled shift starts onor after 5 A.M. but before 10:30 A.M. shall be deemedto be working the No. 2 (day) shift.

17.05 An employee whose scheduled shift starts onor after 10:30 A.M. but before 7 P.M. shall be deemedto be working the No. 3 (afternoon) shift.

17.06 In the event the Company changes theworkweek, the starting and stopping times of thenormal shifts or establish new shifts, the Company

and the Union will meet to discuss such changes

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as soon as possible and practical prior to changesbeing implemented.

Article 18

Alternative Work Schedules

It is Faurecia policy to match their customer’s workschedule, which could differ from a typical 3 shift5 day a week operating pattern. The need to imple-ment an alternative work schedule to maintain exi-bility may arise. When considering an alternative

work schedule outlined below Human Resourceswill notify the Union with a fourteen (14) calendarday notice in writing which lines will be going tothe alternative work schedule.

If an additional need for an alternative work sche-dule is needed not outlined below, the HumanResource and Union will discuss and develop theunique work schedule.

Any concerns not addressed in the following pro-visions will be mutually discussed and resolved.

4 Days 10 Hour Shit

· Schedule

Shift will start on Monday and be based on 4 conse-cutive 10 hour straight time days per week. If over-time is required it will be paid at the applicable ratesoutlined in Article 23 of the contract.

· Holidays

Holidays will be paid out per Article 15 of the contractat 10 hours per day at straight time on any regularscheduled day. If the holiday falls on the employeesregular day off they will be paid 8 hours of straighttime. In the event a shift is scheduled to work on a

holiday, employees will be paid double time for thetime worked in addition to 8 or 10 hours of straighttime holiday pay.

· Vacation

Vacation allotments will match Article 16 of thecontract. Vacations must be taken in 10 hour or 5hour increments.

· Bereavement Pay

Bereavement Pay will paid applicable days off perArticle 26

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· Jury Duty

Seniority employees will be paid the differencebetween the amount paid by the court and his/hernormal day’s pay, not to exceed ten (10) hours perday for four (4) days per week.

Three Crew Shit Pattern

· Schedule

Shift Pattern will be based on 4 consecutive 10 hourstraight time days per week. In the event overtimeis needed it will be paid out at time and a half forhours worked over 40 in a work week, and doubletime for the third day that would normally be sche-duled off.

A crew will start on Monday

B crew will start on Tuesday

C crew will start on Friday

C crew will receive $.40 premium for entire shift.

· Holidays

Holidays will be paid out per Article 15 of the contractat 8 hours per day at straight time regardless of whenthe holiday falls. In the event a shift is scheduled towork on a holiday, employees will be paid doubletime for the time worked in addition to 8 hours of straight time holiday pay. Paid holidays that fall ona Friday or Monday could be changed to a Saturday

or Sunday for c crew with agreement between Hu-man Resources and the Union. The week betweenChristmas and New Years will not surpass 40 hoursof straight time pay.

· Vacation

Vacation allotments will match Article 16 of thecontract. Vacations must be taken in 10 hour or 5hour increments.

· Bereavement Pay

Bereavement Pay will be paid at applicable daysoff per Atricle 24

· Jury Duty

Seniority employees will be paid the differencebetween the amount paid by the court and his/her

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normal day’s pay, not to exceed ten (10) hours perday for four (4) days per week.

Article 19

BREAKS

19.01 All employees will be granted two15 minutebreaks one before lunch not to commence until thecompletion of the rst hour of the shift and one after

lunch not to commence until 30 minutes after thecompletion of the employees regularly scheduledlunch period. Employees will be granted one paidlunch minimum of 20 minutes or 30 minute unpaidlunch, midway through the shift. In addition if anemployee works over 8 hours in any one day, theemployee will be granted an additional 10 minutebreak for every hour worked, except in cases wherean employee is on an AWS. The Company will sche-dule all break times. The Union will be notied of any changes to the above schedule.

Article 20

REPORTING-IN PAY

20.01 Any employee who reports for work at thebeginning of his scheduled shift, who has not beennotied “not to report to work”, shall be guaranteeda minimum of four (4) hours of work or four (4)hours at his/her applicable rate of pay

20.02 The provisions of this section shall not, howe-

ver, apply where the failure of the Company to pro-vide work is caused by storms, oods, power failure,re or any other circumstances beyond the controlof the Company, with the exception of machinebreakdown or parts shortages. Notication to em-ployees will be made through radio announcement.

Article 21CALL-BACK PAY

21.01 An employee who is notied by the Com-pany to report for work at a time other than theemployee’s regularly scheduled starting time shallbe entitled to a minimum of four (4) hours of pay, atthe applicable rate, and shall perform such dutiesas the Company assigns.

Article 22

SHIFT PREFERENCE

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22.01 An employee who desires to be transferredto another shift must complete a Company formand submit it to Human Resources. Employees maychange shift only in their area of assigned work, i.e.,door assembly, injection molding etc. An employeewill be allowed to bump shifts Three (3) times peryear (a year is dened as a rolling year) with theonly exceptions being changes resulting from his/herpromotion, lateral transfer, or as a result of being

bumped by a senior employee exercising shift pre-ference, or as a result of a reduction in force.

22.02 A seniority employee classied as assembly/disassembly or any skilled trades classication willbe permitted to exercise shift preference on a plantwide basis.

22.03 An employee being bumped to another shift, asa result of this article, will be provided 5 days notice.

Article 23

OVERTIME

23.01 Hours worked in excess of eight (8) hours ina normal workday or forty (40) hours in a normalwork-week will be paid at a rate of time and one-half (1-1/2) the base hourly rate.

23.02 In the cases where an employee who is absent,not covered by the provisions of this agreement,

hours in excess of 40 hours will be paid at time andone half (1-1/2 times) the base hourly rate.

23.03 Hours worked on Sunday will be paid at twice(2 times) the employee’s hourly rate

23.04 Overtime premiums shall not be paid morethan once for any hours worked, and there shall be

no pyramiding of overtime.

23.05 Overtime Scheduling

1. Employees, who work in a particular GAP,

shall have the rst opportunity for overtime in thatGAP. When overtime is necessary in a GAP on aparticular shift, overtime will be scheduled by ro-tation of the particular GAP. A list of the overtimeworked by employees will be posted in the GAP.GAP overtime will be separated and scheduled byregular work week and weekend/Holiday overtime.A line will be drawn below the last person on thelist scheduled to work. The next overtime oppor-tunity will be offered to the next person on the list.This process will be used for all of production andmaintenance GAP’s. All employees wishing to vo-lunteer for overtime outside their GAP may do soby signing the Voluntary Overtime Sign-Up Sheetposted in a designated area weekly. The adminis-tration of the Voluntary Overtime Sign-Up Sheet isdesigned to allow employees to volunteer for dailyand weekend overtime. While the language is notspecic as to the process for selecting volunteers, theintent of the parties is to ll vacant positions withqualied employees while attempting to rotate theopportunities among these qualied employees.

2. If employees assigned to a GAP refuse availableovertime, overtime will be offered to employees

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inside the GAP and then to qualied employees out-side of the GAP who signed the Voluntary OvertimeSign-Up Sheet. If there are not enough qualiedvolunteers from the Voluntary Overtime Sign-UpSheet, the least senior employee, who signed theVoluntary Overtime Sign-Up Sheet will be requiredto work.

3. Qualied for overtime means having the ability

to perform the particular job(s) within the GAP thatis needed for the overtime assignment.

4. If there are multiple start times within a GAPthat result in extra hours, the extra hours will beassigned in accordance with overtime proceduresoutlined in this Agreement.

5. In keeping exibility Weekly Overtime sche-duling may be changed by the designated GAP, pro-vided majority of GAP members agree.

Article 24

SHIFT PREMIUMS

24.01 A shift premium of forty cents ($0.40) perhour shall be paid to all employees working on therst shift (midnights) and twenty cents ($.20) to bepaid for all employees working on the third shift(afternoons).

Article 25

JURY DUTY LEAVEOF ABSENCE

25.01 An employee summoned for jury duty will

be excused from work for up to 30 days on whichthe employee serves, provided the employee hasprovided the supervisor as much advance notice,in writing, as is possible. Employees are requiredto report to work on those days when not requiredto report for jury service. Proof of having served,the period of time required and pay received willbe required.

25.02 Seniority employees will be paid the differencebetween the amount paid by the court and the em-ployee’s normal day’s pay (not to exceed eight (8)hours per day, ve (5) days per week) or applicablehours.

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Article 26

FUNERAL LEAVEOF ABSENCE

26.01 When death occurs in an employee’s imme-diate family (i.e., current spouse; parent or step-parent; grandparent or great-grandparent; parent,stepparent or grandparent or great-grandparent of current spouse; child or stepchild; brother, half-bro-ther or stepbrother; sister, half-sister or stepsister;

grandchild) a seniority employee, on request, willbe excused for any three (3) regularly scheduleddays of work or any ve (5) regularly scheduled daysof work in the case of the death of an employee’scurrent spouse, parent, child, stepchild (excludingSaturdays and Sundays) immediately following thedeath provided the employee attends the funeral.After making written application therefore, the em-ployee shall receive pay for any scheduled hoursof work per day for which the employee is excused(excluding Saturdays and Sundays). In the eventthe body of a member of the employee’s immediatefamily is not buried in Continental North Americasolely because the death has physically destroyed thebody or the body is donated to an accredited NorthAmerican hospital or medical center for researchpurposes, the requirement that the employee attendthe funeral will be waived. Payment shall be madeat the employee’s regular straight-time hourly rateon the last day worked. Employees may requestpersonal leave for additional unpaid time off withthe approval of the Company.

26.02 Employees may request unpaid time off forrelatives not listed in 24.01

Article 27

LEAVE OFABSENCES

FAMILY ANDMEDICAL LEAVEACT OF 1993

27.01 The Company will comply with the Family andMedical Leave Act of 1993. Eligible employees areeligible for 12 weeks of unpaid leave during whichtime they will continue to accumulate seniority asdescribed in the FMLA. FMLA leave will be takenconcurrently with other Company provided leaves.The Company will not require seniority employeesto use vacation time concurrently with FMLA leave,but seniority employees may choose to use vacationfor such leave. The Company shall use a rolling 12month year for measuring use of FMLA time.

This Agreement shall be construed in a mannerthat complies with the Family and Medical Leave

Act of 1993, and the Company shall have the rightto exercise any option available under the Act.

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MEDICAL LEAVE OF ABSENCE

27.02 An employee who is unable to work due to a

valid claim of illness or injury and is not eligible forFMLA leave may request a medical leave as follows:the employee must notify Human Resources withinthree (3) days stating the nature and the approximatelength of the disability. (Employee must continueto additionally comply with the procedures underthe absentee policy in the handbook in reportingdaily absences.) The employee must then applyfor a medical leave. The leave will be subject toapproval by the Company.

Human Resources may investigate to determine thevalidity of all such claims of disability.

Before an employee is permitted to return to work,following a medical leave, the employee must notifythe Human Resource Department of their intentionto return to work at least twenty-four (24) hours inadvance of their regular starting time and presentto Human Resources a doctor’s note indicating theemployee’s ability to return to work.

At all stages of this process, the Company may re-quire medical documentation satisfactory to theCompany.

Medical Treatment During Working Hours

Hours — Time Allowance

An employee who suffers a work injury or contractsan occupational disease in the course of employ-ment by the Company will be compensated for the

working time lost on the day in which the accidentor illness takes place. Any additional medical treat-ment needed after the day of injury or illness will beexcused, with appropriate documentation, withoutpay. In addition, on the day of the work injury, em-ployees requiring medical treatment beyond theirscheduled work hours will be paid for such treat-ment time up to four (4) hours at the applicable rateprovided such employee presents suitable evidenceof the time spent in treatment.

Personal Leave o Absence

27.03 Unpaid Personal Leaves of Absence may begranted with no break in seniority for reasons accep-table to the Company. The leave may be extended bymutual agreement of the Company and the Union.

Unpaid personal leaves will only be granted afterall vacation has been taken and must be requestedand approved by the Company.

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Article 28

LEAVE FOR UNIONBUSINESS

28.01 An employee elected or appointed to a Unionposition or selected by the Union to do work whichtakes him/her from his/her employment with theCompany shall, upon written request from theUnion, submitted to the Company at least three daysprior to the rst day of absence, receive a temporaryleave of absence for the period of his service with the

Union, and upon his/her return shall be reinstatedat work in the line with his/her seniority status inthe classication in which he/she was engaged lastprior to his/her leave of absence; his/her seniorityshall accumulate throughout the period of his/herleave of absence.

28.02 An employee with seniority, elected or selectedfor full-time Union service, shall be granted a leaveof absence, without pay and benets, for a periodup to one (1) year provided such request is madein writing at least two (2) weeks in advance to theplant manager. An extension of one (1) year maybe requested, annually.

Article 29

SAFETY ANDHEALTH

29.01 Employee’s health and safety is a top priorityat the Company.

29.02 Recognizing the benets to be derived from asafe and healthy place of employment, the

Company, Union and employees agree to the fullestextent to promote safe work practices, healthy condi-tions, housekeeping and enforcement of Safety rules.

29.03 A Plant Safety and Health Committee made upof an equal number of management representativesand employees will be formed and will meet on amonthly basis. The employees to be appointed bythe Union.

29.04 The function of the Committee shall be to ad-vise management concerning Health and Safetymatters, but not handle grievances. In addition,the Safety Committee will work with Managementto develop and implement the guidelines for safetytraining.

29.05 The Plant Safety and Health Committee willmeet on a regular basis (minimum of bi-monthly)and minutes of the meetings will be posted in a

timely manner.

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29.06 Mandatory safety equipment and devices willbe determined by the Company in those areas re-quiring the use of such protective devices.

29.07 Employees will be responsible for maintaining

protective equipment supplied and will be

responsible for replacement costs if lost or damagedoutside of normal expected use.

29.08 Failure to properly use and maintain suchequipment is grounds for severe discipline.

29.09 Ongoing Health and Safety concerns thatare not addressed within 2 days may be taken upthrough the grievance procedure. Grievances per-taining to unresolved Health and Safety issues shallbe initiated in step 3 of the grievance procedure.

Article 30

DRUG AND ALCOHOL

30.01 Intent of Policy: The Drug & Alcohol Policyis established to:

1. Ensure a safe work environment.

2. Protect employee and Companyproperty.

3. Assure quality performance.

4. Enhance employee and Companysecurity.

It establishes FAURECIA’s policy regarding the pos-session, sale, or use of drugs or alcohol while em-

ployed by FAURECIA and describes the methods tobe used for drugs and alcohol screening.

30.02 Application: The policy shall apply to em-ployees when they are on Company time or onCompany property, including but not limited to allfacilities, land, building, structures and installations,and also to automobiles, trucks, and other vehicles,whether owned, leased or used by the Company.

The policy also applies to employee conduct off Com-pany time or property if such conduct in any wayaffects the employee’s ability to safely or properlyperform his or her job, if it results in the presenceof detectable levels of prohibited substances in thebody or a blood alcohol level of 0.04% or higherwhile on Company time or property, or if it involvesthe conviction of a crime involving drugs.

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30.03 Statement of Policy: This policy prohibitsthe use, possession, concealment, transportation,promotion, transfer or sale of “prohibited subs-tances,” dened as:

I. Illegal drugs or controlled substances,including look alike, designer drugs, hemp products.

II. Alcoholic beverages.

III. Prescription drugs – except under thefollowing conditions:

A. Each prescription shall be in the em-ployee’s name.

B. Each prescription shall be no older thanone year from the date issued.

C. Employees shall possess only enough medica-tion that is normally required for their current use.NOTE: The Company reserves the right to have aCompany physician determine if a prescription drugor medication produces effects that may restrict theemployee’s ability to perform his or her job safelyand eciently. This may result in restricting theemployee’s work activity.

30.04 Implementation of Policy: The following

procedures will be employed to carry out this policy.

I. Employee Privacy Counseling, testing, and FitFor Duty will be reasonably conducted with respectand due regard for the personal privacy of eachemployee.

II. Testing - Employees or potential employeesmay be required to consent to substance testing,including, but not limited to, urinalysis or breathtests. Blood testing may be used only when unusualor mitigating circumstances warrant.

A. To be considered for employment

B. If the employee is found in possession of any prohibited substances or materials having theappearance of prohibited substances on Companytime or property.

If B above occurs, the employee will be placedon suspension for the balance of the shift. If thedrug test results are negative, the employee will bepaid for work hours missed during the suspension.

C. Following an accident or incident in whichserious safety precautions were violated, negligentacts were performed, an employee is injured requi-ring third party medical treatment, or signicantproperty damage occurs.

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D. On a random basis where required by law(e.g. DOT).

E. All matters of testing shall be performed by anoutside source. I.e. local clinic or hospital employinga certied Medical Review Ocer (MRO). The Com-pany shall promptly notify the unit Chairperson

in writing of all incidents where a drug or alcoholFit for Duty is deemed warranted by the Companyand provide reason(s) for such testing. It is furtherunderstood by the parties that the denition forpositive tests will be the current D.O.T. standardsand shall remain unchanged.

III. Reasonable Suspicion “Reasonable sus-picion” for purposes of II B and III, includes, butis not limited to: observation of behavior such asslurred speech, unsteady walking, breath or odor;observation of physical manifestations frequentlyassociated with some forms of substance abuse, e.g.,needle marks, sudden nosebleeds, frequent illnessnot explained by other medical conditions; otherbehavior or symptoms which supports a nding of reasonable cause the employee will be required tocomplete a t for duty by a certied medical personfor just cause and a positive test will result whichmay require an employee to consent to substancetesting, including, but not limited to, urinalysis orbreath tests. Blood testing may be used only whenunusual or mitigating circumstances warrant.

A. Where there exists reasonable suspicionthat an employee has used or possesses prohibitedsubstances.

B. Following an accident or incident in whichserious safety precautions were violated, negligentacts were performed, an employee is injured requi-ring third party medical treatment, or signicantproperty damage occurs.

C.

IV. Refusal to Submit to a Fit For Duty or DrugTest and the Consequences of Positive Results

A. No employee Fit For Duty or substance test

will be conducted without the employee’s consent.

B. If an employee,

1. Refuses to consent to a Fit For Duty or drugtest, the employee discipline up to and includingdischarge

2. Consents to a drug test and the test resultsare positive; the employee will be counseled and issubject to termination. The employee’s prior em-ployment record and impact of current behaviorwill be considered in determining the appropriatecourse of action.

V. Last Chance Agreement Individuals dischargedfor violation of the Company’s Alcohol and Drug

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Policy may, at the Company’s sole discretion, or asa grievance settlement, be offered the opportunityto enter into a “Last Chance Agreement”.

Under the Last Chance Agreement, an employeemay be returned to employment after thirty (30)days under the following conditions:

A. The employee acknowledges in writing thathe/she has, or had, a substance abuse problem;

B. The employee certies that he/she was suc-cessfully treated by a State of Michigan LicensedDrug Rehabilitation Program or State certied ad-

diction counselor;

C. The employee agrees in writing to submit totesting on demand for the remainder of the LastChance Agreement;

D. The employee will be discharged for any vio-lation of the Last Chance Agreement or this Policy.

Upon the request of the affected employee, the Unionmay be involved in discussions regarding last chanceagreements.

Under the Last Chance Agreement, an employeemay be returned to employment after thirty (30)

days under the following conditions:

30.05 The Employee Assistance Program

A. FAURECIA recognizes that an employee’s job performance may be adversely affected due toa variety of reasons, including personal problems,

emotional illness, substance abuse, etc. It furtherrecognizes that many problems may be treatable,and will support employees who actively seek helpfor their problems. Employee support is providedwithin the organization through the Employee As-sistance Program.

B Employees who voluntarily request assistancein dealing with a substance abuse problem may

participate in the Employee Assistance Program.Requesting such assistance will not jeopardize conti-nued employment. However, volunteering to parti-cipate in the Employee Assistance Program will notprevent counseling or termination for violation of this policy or any other Company policy.

Article 31

Reduction o the Cost o Health Insurance

31.01 The Company and Union will meet for the

purpose of reducing the cost of health insurance.Any decision under this letter of agreement will be

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with the mutual agreement of the Company andthe Union.

Article 32

Tuition Reimbursement

32.01 The Company will reimburse seniority em-ployees for tuition only for business related coursesthat are taken at accredited degree or certicategranting schools. In order to be eligible for tui-tion reimbursement, the employee must receiveapproval of the course prior to commencement of classes and have received a grade of “C” or better.The Company will reimburse the tuition after thecompletion of the class and submission of the coursegrade transcript. Tuition reimbursements underthis letter of agreement are limited to $5,000.00 percalendar year. Hardships will be evaluated on caseby case basis to determine if tuition reimbursementis paid up front with proof of enrollment.

Article 34New Classifcations

34.01 I the

Company decidesto create a new job or combineor substantiallychange current

job classications,the Company will

meet with theUnion at leastthirty (30) calendar

days’ in advanceo the change.The parties willmeet to review

the classication

changes and thepay rate that theCompany intends

to apply. I theUnion requests,the Companyand Union will

promptly meet todiscuss the matter

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and negotiate thepay rate withinthe current pay

structure inthe Collective

BargainingAgreement. Ithe parties ail to

agree the Unionmay submit thereasonablenesso the pay rate

to the grievance

and arbitrationprocedure. Whilethe grievance isbeing processed

the pay ratewill be one othe currently

identied ratesin the Collective

BargainingAgreement andwill remain in

efect. Any changeas a result o

the grievance or

arbitration will beretroactive.

Article 36

SEPARABILITY/SAVINGS CLAUSE

36.01 Should any Federal, State or local law make anyprovision of this Collective Bargaining Agreementinvalid, and then such provision will be considerednull and void. No other part of the Agreement shallbe considered to be invalid and shall continue in fullforce and effect for the duration of the Agreement.

Article 37

Zipper Clause

37.01 Waiver of Bargaining Rights and Amendmentsto Agreement. During the negotiations resulting inthis Agreement, the Company and the Union eachhad the unlimited right and opportunity to make

demands and proposals with respect to any subjectmatter as to which the National Labor Relations

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Act imposes an obligation to bargain. Except asspecically set forth elsewhere in this Agreement,the Company expressly waives its right to requirethe Union to bargain collectively, and the Unionexpressly waives its right to require the Company tobargain collectively, over all matters as to which theNational Labor Relations Act imposes an obligationto bargain, whether or not:

(a) such matters are specically referred to inthis Agreement;

(b) such matters were discussed between the Com-pany and the Union during the negotiations whichresulted in this Agreement; or (c) such matters werewithin the contemplation or knowledge of the Com-

pany or the Union at the time this Agreement wasnegotiated and executed. As used in this Section, thewaiver of the right to «bargain collectively» includesthe waiver of the right to require the other party tonegotiate, and the right to obtain information fromthe other party. This Agreement contains the entireunderstanding, undertaking, and agreement of theCompany and the Union, after exercise of the rightand opportunity referred to in the rst sentence of this Section, and nally determines all matters of collective bargaining for its term. Changes in thisAgreement, whether by addition, waiver, deletion,amendment, or modication, must be reduced towriting and executed by both the Company and theUnion.

Daily, regular attendance is a critical element of your overall job performance. Other people arecounting on you to be at work and teamwork isa key element of our culture at Faurecia. We un-derstand that occasional emergency situations will

arise, but it is important that we each understandour commitment to our fellow employees. If it is

necessary for you to miss work unexpectedly, youmust notify your supervisor prior to the beginningof your scheduled shift. Failure to report your ab-sence for three consecutive work days will result intermination of your employment as a voluntary quit.

Employees are expected to be on the job, ready to

work, at the beginning of the shift. Punching in atyour start time, then walking to your work stationwill result in you being late for work, even thoughyou punched in on time.

Doctor or dental appointments, meetings with chil-dren’s teachers, etc. should be scheduled outsidenormal working hours, whenever possible. If this isnot possible, your supervisor must be notied as far

in advance as possible, and you will be required touse vacation time for attendance at these functions.

Violations of the attendance policy will be handledas follows:

1. Each tardiness, or early out, of one hour or lesswill result in one-half occurrence point.

2. Each tardiness, or early out, of more than onehour will result in one occurrence point.

3. Each day of absence, whether one day or acontinuing absence of longer than one day, will re-sult in one occurrence point only if entire absenceis covered by approved medical documentation.

4. After 4 occurrences from January 1st to De-cember 31st period, the offending employee will

be verbally counseled and encouraged to improvetheir attendance.

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5. After 6 occurrences from January 1st to De-cember 31st period, the offending employee willreceive a written warning.

6. After 7 occurrences from January 1st to De-cember 31st period, the offending employee willreceive a nal written warning.

1. After 8 occurrences from January 1st to De-

cember 31stperiod, the offending employee’semployment may be terminated.

All employees will have attendance records clearedon January 1st of each year of the agreement.

Approved leaves of absence, holidays and vacations

will not count as occurrences under the attendancecontrol policy.

Failure to appear for scheduled overtime, whenrequested, may result in the application of occur-rence points.

Article 39

DURATION OFAGREEMENT

35.01 This Agreement made and entered into day

of , shall continue in full force between theCompany and the Union until the rst day of _______

201__, and from year to year thereafter unless atleast sixty (60) days prior to the expiration date orany anniversary date thereafter, either party noti-es the other in writing of its desire to terminate,modify or amend the Agreement, in which event theAgreement shall terminate on the expiration dateof the year in which the notice was given.

Signed and approved by the accredited representa-tives of the parties this ____ day of ___________, 201__.

INTERNATIONAL UNION UNITED

AUTOMOBILE, AEROSPACE

AND AGRICULTURE IMPLEMENT

WORKERS OF AMERICA, FAU-RECIA AUTOMOTIVE INTERIORS, INC.

By: _______________________________ ______________________________

_______________________________ ______________________________

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_______________________________ ______________________________

_______________________________ ______________________________

_______________________________ _______________________________

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Appendix “A”

Wage Schedule

· GAP Leaders and Repair will receive

an additional $1.00/hour more than an

operator

· The wage schedule does not include shift pre-

miums. The wage rate will go in to effect on the rstMonday of the month following the below dates.

Power Maintenance $28

* Performance Bonuses will be paid out the rstweek of December, 2012 all seniority employeeswill receive $500, seniority employees will receive$900 in each of the following years of the agreement,payable in the rst week of December.

* All employees accepting a position with Faureciawill retain their current wage for the rst year of the

agreement. In year two all employee will assumethe applicable highest rate within their assignedclassication.

* Process Techs currently classifed will

immediately receive top rate.

*All employees not in the progression rate willreceive a 2% annual lump sum, based on their pre-vious 12 month gross, the rst pay period in July

*Electricians, Maintenance and Tool employees

that have a Journeyman Card will Receive $2.00/hour additional

* An employee receiving a job bid to Maintenance,Tool and Die, Electricians or Process Technicianwill be considered a trainee for 2 years and willinitially receive a wage $2.00 less than the contrac-tual rate. Every six months a $0.50/ hour increasewill be given until the contractual rate is achieved.These employees will only be allowed to exerciseshift preference with other trainees within theirclassication.

1. Medical and Prescription Drug Benet: The Com-pany agrees to provide for seniority employee’s me-dical benets coverage under 90%-10% CompanyGroup plan. Subject to the maximums of insuredservices and co-payments provided by the Master

Policy.

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The employee may choose to cover dependents inaddition to the employee. The employee will paythe following rates per week for coverage:

Coverage

2012 2013 2014 2015

Employee $12.59

$12.59 $15.22 $15.22

Employee + One $31.93

$31.93 $38.63 $38.63

Family

$38.96 $38.96 $47.13 $47.13

The Company will pay $40.00 per week to employeeswho have proof of other coverage and choose towaive coverage for medical, prescription drug, vi-sion and dental benets described in Appendix “B”for the full calendar year.

Dental: Seniority employees may choose coveragefor vision. The employee may choose to cover de-pendents in addition to the employee. The Employeewill pay the following per week via payroll deduc-tions.

Coverage

2012 2013 2014 2015

Employee $2.31

$2.54 $2.79 $3.06


$3.74 $4.11 $4.52

Family $4.63

$5.10 $5.61 $6.17

Vision: Seniority employees may choose coveragefor vision. The employee may choose to cover de-pendents in addition to the employee. The Employeewill pay the following per week via payroll deduc-tions.

Coverage

2012 2013 2014 2015

Employee $1.63 $1.79

$1.96 $2.15


$3.37 $3.70 $4.07

Family $4.74 $5.21

$5.73 $6.30

2. Group Life and Accidental Death and Dismem-berment (AD&D): The Company will provide to alleligible seniority employees group life and AD& Dinsurance. Effective upon ratication the Companywill provide $30, 000 of life insurance and $30,000

of AD&D. For each successive year, the Company

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will provide an additional $5000.00 of life and AD&Deach.

3. Short Term Disability: The Company will provideto all full time seniority employees a maximum of 26 weeks of short term disability, subject to a 5 daywaiting period for each period of non-consecutivedisability in accordance with the following schedule.

Upon Ratica-tion

January 1,2013

January 1,2014

$280 per week $310 per week $340 per week

4. 401k: The Company will match fty (50%) percent

of seniority employee’s rst six (6%) percent contri-buted to the 401k program. The employee’s interestin the Company contribution will vest twenty (20%)percent per year. All employees will be automati-cally enrolled, upon hire, into the 401k plan at six(6%) percent contribution. Those employees whowish not to participate may opt out of program atany time after initial enrollment.

5. Suspension and Termination of Benets: TheCompany will terminate benets at the date of em-ployment termination and/or retirement.

6. Federal or Social Security legislations: Should anyfederal or Social Security legislations be enactedand put into effect during the term of this Agree-ment providing benets like any other containedtherein and proposing all or any part of the costhereof upon the Company and the employee thento that extent only shall such benets provided he-rein become inoperative and any policy or policies

Company shall be relieved of the cost thereof inorder to avoid duplication of costs.

in addition we need to add language for trainingemployees

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Local 892 Faurecia Contract

Documents

Transcript of Local 892 Faurecia Contract