BLS Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the BLS Contract Collection, see http://digitalcommons.ilr.cornell.edu/blscontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 [email protected] Contract Database Metadata Elements (for a glossary of the elements see - http://digitalcommons.ilr.cornell.edu/blscontracts/2/) Title: Goodyear Dunlop Tires North America, Ltd. and United Steelworkers of America (USWA) Local No. 135 (2003) K#: 1902 Employer Name: Goodyear Dunlop Tires North America, Ltd. Location: NY Buffalo Union: United Steelworkers of America (USWA) Local: 135 SIC: 3011 NAICS: 326211 Sector: P Number of Workers: 1000 Effective Date: 08/20/03 Expiration Date: 07/22/06 Number of Pages: 238 Other Years Available: N For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/ - i9dd 2003 2006 110%e cl GENERAL AGREEMENT I Between 1 oodyear Dunlop Tires North America, Ltd. Buffalo, New York 9 l and I United Steelworkers of America Local #35I Expires 2006 b TABLE OF CONTENTS ) Page ) - ARTICLE I RECOGSITION SECTION 1.01 -BARGAINING UNIT SECTION 1.02 -UNION SECURITY ) ARTICLE I1 -UNION SECTION 2.01 -UNION FUNCTIONS ) SECTION 2.01 -UNION RESPONSIBILITY - ) ARTICLE Ill LIANACEMES1 - , - ARTIC1.E IV BARGAINING PROCEDURE SECTION 4.01 -CllANGE OF PERSONNEL 7 ) SECTION 4.02 -UNION DIVISIONS 8 SECTION 4.03 -GRIEVANCE PROCEDURE 8 SECTION 4.04 -ARBITRATION PROCEDURE 10 9F-P- T .l. O- .N 4 05 - RARGAININO- C-~O MMITTEE MEETINGS 14 b 4.06 - NO STRIKE - NO LOCKOUT- 15 NON-LIABILITY CLAUSE 4.07 -PAYMENT TO LOCAL UNION 16 REPRESENTATIVES ) ARTICLE Y - HOURS OF WORK 17 SECTION 5.01 -STANDARD DAY & STANDARD WEEK 17 SECTION 5.02 -MINIMUM SCIIEDULED DAY FOR SAT. 18 OR SUNDAY SECTION 5 03 -REDUCTION OF HOURS 19 b SECTION 5 04 -STANDARD SHIFT STARTING TIME 1'4 SECTION 5 05 -CHANGE IN OPERATING SCHEDULES 20 SECTION 5 06 -WORK PRIOR TO HOLIDAY 20 SECTION 5 07 -DISTRIBUTION OF REQUIRED 21 5 08 -OOVVEERRTTIIMMEE -2 G2 ENERALR-U LE24 S SECTION 5.09 -OVERTIME (Scheduled Sir (6) Dry SECTION 6.01 -MINIMUM. GUARANTEED AND BASE RATES - SECTION 6.02 ADMINISTRATIVII POLICIIIS - STANDARD IlOUR PLAN SECTION 6.03 - REPORTING IN PAY SECTION 6.04 -TIME AND ONE-IIALF - SECTION 6.05 TlMlI ANDONE-IIALF SlXTll DAY - SECTION 6.06 DOUBLETIME SECTION 6.07 -TRIPLE TIMI! SECTION 6.08 - PREMIUM COMPENSATION - SECTION 6.09 PAY FOR HOLIDAYS SECTION 610- SHIW BONUS SECTION 6.1 1 -ABSENCE DUE TO DMTH IN FAMILY SECTION 6.12 -PAY FOR JURY DUTY SECTION 6.13 -PAY FOR TIME LOST DUE TO INJURY SECTION 6.14- PAY FOR TIME SPENTIN FIRST AID ICCUPATIONAL ILLNESS AND lN JURY SECTION 0.15 - FAII) TWIINTY (20) MlNUTli LUNCH PERIOD AND HR EAKS SECTION 6.16- PAY FORCOMIP ENSATION BOARD I~lRA~RlNO~.~ . . ~ ~ ~ ~ . SECTION 6.17- PAY FOR WITNESS-COMP. IlEAKlNG - SlICTlON 6.18 -MILITARY ANNUAL TRAINING SECTION 6.19 -MILITARY SllRVlCE - PHYSICAL EXAMINATION ARTICLE\'II -SENIORITY SECTION 7.01 -BASIS AND PURPOSE SECTION 7.07 - PROMOTIONS AND PERMANEKT 53 TRANSFERS 7.08 -LAYOFF - GENERAL 57 7.09 -LAYOFF ON THE JOB 58 7.10 -LAYOFF OUT OF DEPARTMENT' 59 711 - (LAYOFF EXCEPTIONS 59 --- ~ SECTION 7.12 CREW LAYOFF 61 SECTION 7.13 -IMPROPER LAYOFF 61 SECTION 714 -MEDICALLY RESTRICTED EMPLOYEES 61 SECTION SECTION SECTION SECTION SECTION SECTION SECTION - ARTICLE \'Ill VACATIONS WITH PAY 74 SECTION 8.01 -ELIGIBILITY ANDVACATION PAY 74 rOMPllTATlON - - - . .- . . q.F-TT.IO. N R.05 - VACATION PERIOD 77 SECTION 8 06 -PLANT SHUTDOWN PERIODS 78 - ARTICLE IX GRADED hIECHAKICAL DEPARTMENT SECTION 9.01 - WAGES SECTION 9.02 - IlOLlDAYS SECTION 9.03 -SENIORITY SECTION 9.04 -TRANSFERS SECTION 9.05 - LAYOFI' SECTION 9.06 -RECALL GRADED MECHANICAL DEPARTMENT SECTION 9.07 -JOB POSTING SECTION 9.08 -OVERTIME SECTION 9.09 -GENERAL PROVISIONS SECTION 9.10 -OUTSIDE CONTRACTORS SECTION 9.1 I - JOURNliYPERSON CARDS SECTION 9.12 - SECTION 9.13 -GRADED MECIIANICAL EMPLOYEE TRAINING SECTION 9.14 -TOOL REPLACEMEN1 SECTION 9.15 -JURISDICTION ARTICLES - GENEKAI. RULES SECTION 10.01 -NECESSARY RELIEF SECTION 10.02 -BULLETIN BOARDS SECTION 10.03 -WORK CONFINE TO BARGAINING UNIT SECTION 10.04 - DEPARTMENTAL AGREEMENTS SECTION 10.05 -TIME CARDS SECTION 11.01 - SANATATION SECTION 11.02 -PROTECTIVE EQUIPMENT SECTION 11.03 -ACCIDENT PREVliNTlON SECTION 11.04 -EYEGLASSES SECTION 11.05 -SAFETY COMMITTEE - ARTICLE XI1 I.ECISI.AT10S SECTION 12.01 -SUBJECT TO STATE OR FEDERAL LEGISLATION - ARTICLE XI11 TEKhllSATION SECTION 13.01 CESERAI. \\'ACE I\CREE>IEST COST OF LIVING ALLOWANCE NEW EMPLOYEE WAGE SCllEOULE PREPERENTIAL lllRE AGREEMENT THlS AGREEMENT, MADE AND ENTERED INTO THlS 2O'rtl DAY OF AUGUST. 2003, BY AN0 BETWEEN GOODYEAR DUNLOP TIRES N.A., HEREINAFTER REFERRED TO AS THE "COMPANY' AND LOCAL UNION #I35 OF THE UNlTliD STEELWORKERS OF AMERICA. AFFILIATED WITH THE AFL-CIO-CLC. HEREINAFTER REFERRED TO AS THE "UNION." The mutual desire of the above panics being to continue to promote moperation and harmony. md to formulrlc tules e govern relatiunrhips betweet) chc Union and the Company. The lcmr and provisions of this agreement shall apply without discrimination. with respect to discharge. compensation. terms. conditions or privileges uf employment. becrurc ofrace. color. religion. age. sex or national origin. Employee means all pmans covered by !his Agreement whether male or Ibmale. md the use af masculine pronoun* or alher masculine terms shall include the feminine. The Company and the Union recognize that a high level af productivity is necessary at [he Buffalo Plant to produce tires at n competitive price in today's marketplace. In addition. thc Union refapnizcr that n high lcvel ofbenefils and wages can be maintained only by u high level of productivity. To this end. the Company and the Union and its members agree to impruvc productivity in order to atwin as high a level of producriviry as is consistent with the health and rclfure of employees. The Company and thc Union both realize that by improving productivity to attain a competitive position in (he industry. jobs may be eliminated. The Company and the Union agree to make every effoon to obwin other work far cmployces at the time ofjob elimination, provided the cmployeer are qualified. ~ ~- - ~ ~ ~ - -~ - ~ - - - ~- - - ~~ ARTICLE 1 RECOGNITION - SECTION 1.01 BI\RGAININC USIT (A) The Company recognizes the Union as thc exclusive collective bargaining agency for all praluction. minlcnnnce and wnrehoure cmplayees at the Bumlo Plant and br my future tire manufacturing facility within Ningarn or Erie County. li\cl~JrJi r.m thr lllrgrln8ng Un.1 nrc 211 \upcnt,or).. gcncnl oftier. plnnl prlllr;lldn, te;hn.rrl, cng~nccnng,p crwnncl. ~nu~smno~l~ 8ncrnng. pn*lu;l~un pllnn~ngan d <~ietrcnm~p luyccr (8) The automation ofjubs in thc Urrgaining Unit will nu, be used as o basis for changing such jobs from bargaining unit srlrur m non-bargaining uni~ SUIUS. (Cl The Company ngreer to mccc with and bargain with the representatives of the Union on all matters pertaining lo rntes of pay, wages. ham of employment. working condilionr and other conditions of cmployment. SECTION 1.02 -UNION SECURITY (A) It shall be a condition of employment that all employcer of the employer covcrcd by this Agreement who are mcmbcn of the Union in gmd standing on thc effective dale ofthis Agrecmcnt shall remin mcmben in good standing and those who are no! member, on the effective date of lhir Abmemcnt rhnll, on the thirtieth (30th) day following the effective dnrc of this Agreement. become md remain members in pod standing in the Union. It rhnll also be a condition of cmploysnent that all employees covered by this Agreement and hired an or aner its effective date or trvnsfcncd into thc Barguining Unit on or nlrcr its effcctivc date shall. on the rhinicth (3Olh) dry following the heginning of such cmployment or rrnnrfcr hreomc and remain members in goud rtmding in the Union. (B) The provisions afthe vhvr parnblaph of this Section rhnll not apply to my cmploywr covered by this Agreement to whom membership in the Unioll ir denied or whose mrmbcrbhip therein has been terminated for reasons other Lan chc failure ofsuch empluyre to render his iniciariun fcc or periodic dues. (C) Any rmployee who fails to mcel the requirements of this Section shall not be retained in the employ ofthe Company provided that !he Union rhnll have notified the Company and the cmpluyee in wiling of such default and said employce shall haw failed to remedy same within ten (10) days ancr receipt of such notice. (Dl The Company agrees to deduct from the wages of thore emplayres. who so authorize it by written nsrignmcnt, regular monthly Union Membenhip Dues. (E) This dues assignment md dues deduction authorization shall be inevocable for u period of one (I) year from the date of execution or until - the ex~irationd ate of chis Aerecmcnt. whichever occurs rwnet. Said asripen! and dues dcduction authoriwtion may be revoked upon written notice being delivered to the Company and the Union during the penad ten (10) days prior to the expintion of thc one (I) year pcriod or thc expiration of this Agreement. whichever occun sooner. (F) (I) The form of this assignment, dues deduction authorizrtion and directive shall be ns follows: (2) DUES AUTHORIZATION AND DEDUCTION FORM (Under 1973 Agreement): Social Security # ........................... Date .......................................... Effcctivc this dare I hereby authorize the Dunlop Tire Corpontion to deduct from my wager, and the Trurtce and its Awns of the SUB Fund to deduct fmm mv. S.un.olc mcntal Unem.n la.vm cnt Benefits (.SU.B). oa.vvb le to me from the SUB Fund. rcgularmonthly mcmbership dues in such amount as may be fixcd by Local #I35 in accordance with the procedure prescribed by the cunalilution ofthe lniemntionrl Union. and assigns such deductions to Locnl Union U135, United Steelworkers of America, as provided in the cumnt Company Agrccmcnt and in any extension thcrrof as provided in said Agreement. I also hemby authorize the deduction of and assign unpaid monthly membership ducs past due at Be time of the lint deduction made hereunder, or at !he time of any subsequent deduction made hereunder. provided, howcvcr, thrr such unpaid dues so dcductcd at no time exceed the unpaid dues for the three (3) month period immediately preceding the ~ ~~ deduction. ; ~~ ~ - ~- --~ ~ - ~ ~ -~ a This assignment and authorization shall hc irrevocable for the period of a one (I) year from the date hereof or until the termination of the current Collective Bargaining Agreement between the Union and the Company, whichever is the shorter period. At the end of the original period of irrevocability. and each renewal period of irrevocvbilicy this assignment and authorization shall be automatically renewed and be irrevocable for a like pcriod of one (1) year or until the teminarion of the then current Agreement between the Union and the Company, whichever ir the shorter. unless 1 give notice revoking this assignment and ruiharizvtion during the an (10) day period immediately following the end of ruch a petiod of irrcvoesbility. Such u notice revoking this assignment and authotizati0n shall be given by written notice delivered by registered mail to the Local a Union and the Company. a a (3) "The Union will save the Company andlor the Trustee or Agent under the Supplemental Unemployment Benefits Plan hvmlers with respect to any claim, suit, judgment or other liability resulting a from any drduccion made from thc employee's pay pursuant to the above authorizations and assignments, or pursuant to any list a furnkhed by the Union of current monthly membership dues deductions including any anraragcs, whether such deduction is a consistent or ineonristcnt with such rutharirationn md assignments. Thc Union shall also indemnify and save harmless the Company andlor the Trustee or Agent under the Supplemenwl Unemployment Benefits Plan in any case where an individual has signed and delivered to (he Union such authorization and ossignmcnt hut the Union has hilcd to so advine the Company rndiur Trustee or Agents in vccordvnce with agreed procedures w :m.l i;;.lrJ~ngly JcJ.t.18dn h.., "41 hccn maJc !ram tnc cmp .)re'\ pr! Inc~amp~nu4).l co.~pr.r,lc uc:n the I.08~1tl.I ) inc dei~n.c.,l \.ch cmn n,\ ~~.l,t.i\."~tnhrc 1.11;at 1:n~un ~twnri.v~c ,r .,I ~ n, v ruch claim and furnishing the Local with any applicable data." a (G) Authorized dues deductions -,ill be made from the wnges ofemployees in the first (ull week of each month. The Company will promptly remit dues ro deducted ta the bonded ofticer Financial Secretary of the Union. Any employees who owes dues to the Local Union and leaves the active payroll for any reason, such dues shall be deducted from his last pay a check. fH) The Union Finsncinl Serretnrv shall furnish lo the Personnel Department - not later than the twentieth (20th) day of the month a list of those