Joint Quality and Productivity Improvement (inside cover)
In recognition of the need for Peterbilt-Nashville to manufacture high quality products in an efficient and productive manner to maintain competitiveness as a heavy-duty truck manufacturer, a Joint Labor/Management Quality/Productivity Committee is established. This Committee will be composed of two management and two Union representatives which will include the Plant Manager and his/her designee and the Union President and his/her designee.
Minutes of the JQP meetings will be furnished to all members of the Committee.
The Committee's objective is to increase labor and management employee awareness. The Committee will meet periodically to undertake activities including the following:
Article 1.01: [Change Date to Ratification Date]
Article 4.05: [Redoc 1st & 2nd Paragraphs; 3rd Paragraph TA]
Article 6.03 (c): [Redoc]
Article 6.03 (e): Twelve (12) consecutive months of layoff or his/her length of seniority, whichever is greater. For employees hired after the ratification of this agreement, twelve (12) consecutive months of layoff. Once these new hires achieve five (5) years of service, then consecutive months of layoff equal to his/her seniority.
Article 6.03 (g): sickness or injury, non-industrial, per 6.03 (e).
Article 6.03 (h): compensable injury incurred on the job, per 6.03 (e).
Article 6.04 (2) (c) (6): Employees awarded a job, as part of a build rate increase, shall be transferred to the awarded position no later than the first day of the workweek following thirty (30) calendar days after the award.
Article 6.04 (3): Any employee who is awarded a job as a result of job bidding may not bid again for six (6) months after the date of permanent transfer.
Article 6.04 (4) - End of first paragraph: A temporary transfer using this language may be made into a department on a second or third shift where no employee(s) are permanently assigned. A temporary transfer will be defined as fifteen (15) workdays, in any department. After fifteen (15) workdays, the job will be declared as a permanent opening.
Article 6.05 (a): Such request for shift preference must be made in writing. No more than one shift preference transfer shall be granted to any one employee in any five (5) month period.
Article 6.08: Layoffs in excess of five (5) consecutive working days will be made in inverse order by seniority within each designated grouping as indicated in 6.08:
Group I
Maintenance/Tool Crib
Machine Shop/Sheet Metal
Welding
Painters
Frame Prep
Group II Bracket 1
Conventional Cab Assembly
Sheet Metal Sub-Assembly
Bracket 2
Cab Trim Start
Cab Trim Final
Hood and Box Trim
Bracket 3
Frame Assembly
Air & Electric
Frame Prep
Axle Assembly
Bracket 4
Assembly I Start
Assembly I Finish
Engine Trim
Bracket 5
Assembly II/Final Assembly
Bracket 6
Test
Bracket 7
Warehouse/Shipping/Reject
Bracket 8
Janitor
Laborer
Painter Helper
Bracket 9
Labor Pool
Grandfathering agreements are recognized with new combinations of Tool Crib, Machine Shop, and the former Final Department. Former Final Department grandfathering will include vacation scheduling.
Article 6.09 (1): [Redoc]
Article 6.09 (5): At the end of their initial period of sixty (60) days, employees who have elected voluntary layoff per 6.09 (1) may elect to continue the layoff by notifying in writing to the Human Resources Department or in person through his designated elected Union Representative five (5) working days prior to the end of the initial period. Otherwise, the employee must return to work on the specified date. If he returns to work, he will displace the least senior person in his home department first and bracket second, provided his seniority is sufficient. If not, he will displace the least senior employee in Group II.
Employees electing to continue their layoff shall remain on layoff until the next opportunity for recall based on seniority and provisions in Article 6.10.
Side Letter (not included in agreement): Upon ratification of the 2002 Bargaining Agreement, employees currently on voluntary layoff status may return at the end of their designated layoff period or continue their voluntary layoff under 6.09 (5).
Article 6.09 (6): A voluntary layoff will not affect entitlement to unemployment benefits, and vacation payoff under Article 11.03(a) can be waived. Upon renewal of voluntary layoff, the employee can elect to receive his vacation pay.
Article 6.09 (7): Employees on layoff may elect upon notice of recall to volunteer to continue their layoff according to 6.09 (1). Such election must be made in writing to the Human Resources Department in person or through the designated elected Union Representative by the end of the workday following receipt of notification for recall by Certified Mail. In this event, 6.10 (1) will apply.
Article 6.10 (2): Employees on layoff, except voluntary as provided for in Section 6.09 (1) in their initial period of 60 days, shall be recalled in order of their plantwide seniority and placed on those open jobs, which have not been filled by Section 1 above or Section 6.10 (4). In this connection the Company will, by seniority, recall employees back to their previous bracket. These employees will be placed on open jobs, giving first shift jobs to senior employees.
Article 7.01: ARBITRATION
STEP 4. If the Company's disposition of the grievance in Step 3 is unsatisfactory, then the Union may appeal the grievance to arbitration within forty (40) regular workdays by notifying the Company. Upon receipt of the Union’s notification, the Union and Company shall jointly notify the permanent arbitrator in writing of the demand to arbitrate and request dates for a hearing. By mutual agreement of the parties, they may ask the Arbitrator to mediate any dispute. It is also agreed between the parties that Mr. Jack Clarke should continue as the Permanent Arbitrator. In the event of his inability to serve in that capacity, the parties will meet to select a permanent replacement. Any such permanent replacement shall be selected from a list provided by the Federal Mediation and Conciliation Service.
At the request of either party, the International Representative of the Union and the Plant Manager of the Company shall meet to review and attempt to resolve outstanding grievances set for arbitration.
Article 8.01 (b): The Company reserves the right to establish a regular eight-hour second shift which will be considered a normal work week per Article 8.01 and 8.04 running Sunday through Thursday for Warehouse, or Maintenance, or Janitorial. This shift may be maintained in addition to a second shift running Monday through Friday.
The Sunday through Thursday shift will be manned by volunteers from the affected departments. In the event a sufficient number of employees do not volunteer for this shift, the Company will transfer the least senior employees in the department.
With the establishment of a new and/or additional second shift whose normal work week runs Sunday through Thursday [Article 8.01 (b)], the parties agree to the following matrix as an understanding of overtime polling, holiday administration, and vacation sign-up.
Overtime Polling
a. This shift and department will have its own weekday and weekend poll.
b. Hours worked on Friday will be paid at time and one-half (1½x).
c. Hours worked on Saturday will be paid at the double time (2x) rate.
d. Work before start of the shift Sunday will be considered weekday overtime.
a. There will be three (3) weekday polls.
i. A Sunday night only poll.
ii. A blended poll for Monday through Thursday.
iii. A Friday night only poll.
i. A Friday poll (to be considered as Saturday) for the Sunday through Thursday shift.
ii. A blended Saturday poll (of all shifts). Individuals working on Saturday from the Sunday through Thursday shift will be considered as working on Sunday (double time).
iii. A blended Sunday weekend poll for those individuals working regular Monday through Friday shift.
Holidays Administration
For a second shift running Sunday through Thursday, holidays will be recognized as follows:
Holiday Falls On ---------------------------------------------- Day Off
Sunday, Monday, Tuesday, Wednesday, Thursday ------ Same day
Friday --------------------------------------------------- Thursday
Saturday ------------------------------------------------- Sunday
For consecutive contractual holidays, the additional holidays shall be observed on the preceding or following workdays as appropriate.
Vacation
If there are two second shifts (one Sunday through Thursday and one Monday through Friday), there will be two separate vacation signups.
Article 8.05: For the purpose of overtime, the following departments are established:
Grandfathering agreements are recognized with new combinations of Tool Crib, Machine Shop, and the former Final Department. Former Final Department grandfathering will include vacation scheduling.
Article 8.07 (b): [Delete - Plantwide OT Board]
Re-letter 8.07 (c)à (b), (d)à (c), (e)à (d), (f)à (e), (g)à (f)
Article 8.11: An off-line area of the plant will be designated for major rework as determined by the Company and this work will be done by the department in which the work is normally performed. Likewise, that department will be entitled to the work on an overtime basis. If the major rework is due to an employee error, the employee who made the error will be assigned to perform the major rework. If this is not feasible, or if the major rework is the result of a parts shortage, engineering error, or other problem, a qualified volunteer will be sought. If there are no qualified volunteers, the work will be assigned to the low senior qualified employee within the department. In the event the major rework is performed on overtime, it will be assigned under the terms of Article 8.07(a).
It is agreed that if the work requires the replacement of major sub-assemblies such as hoods, boxes, cabs, engines, axles, and similar assemblies, the Company will assign this work to the home department. Management maintains the right to assign rework due to supplier error to the supplier, however all disassembly and re-assembly will be performed by the appropriate bargaining unit employee(s).
Add Article 8.12: Daily assigned "pick-up" employees may obtain all materials and/or parts on line (not in the Warehouse) to aide in the performance of their job. Additionally, movement of any product and/or component between two (2) departments in the assembly process may be by a bargaining unit employee(s) from either of the departments through Assembly II/Final functions.
Article 9.01: Schedule A (1) setting forth job classifications and wage rates is hereto attached and made a part of this Agreement, and such wage rates shall become effective for work performed on or after date of ratification. Schedule A (2) setting forth job classifications and wage rates is hereto attached and made a part of this Agreement, and such wage rates shall become effective for work performed on or after Monday, June 21, 2004. Schedule A (3) setting forth job classifications and wage rates is hereto attached and made a part of this Agreement, and such wage rates shall become effective for work performed on or after Monday, June 20, 2005. Schedule A (4) setting forth job classifications and wage rates is hereto attached and made a part of this Agreement, and such wage rates shall become effective for work performed on or after Monday, June 19, 2006. Schedule A (5) setting forth job classifications and wage rates is hereto attached and made a part of this Agreement, and such wage rates shall become effective for work performed on or after Monday, June 18, 2007. New employees hired shall be paid eighty percent (80%) of the contractual wage rate in the Group in which he is employed for the first six months of employment.
Article 9.02: In addition to the wage rates specified in 9.01 of this Article, each employee shall be entitled to receive supplementary wage adjustments based on fluctuations of the Consumer Price Index (CPI-W), (1967=100) as compiled by the U.S. Department of Labor, Bureau of Labor Statistics.
Such supplementary wage adjustments in the first year of the contract shall be based on fluctuations in the index which are in excess of (3.5%) three point five percent above the index for March 2003. The amount of the adjustments shall be one-cent (1¢) per hour for each increase or decrease of (.26) of a point in the index. There shall be no adjustments either up or down based upon the first 3.5 percent (3.5%) above the March 2003 index.
Such supplementary wage adjustments in the second year of the contract shall be based on fluctuations in the index, which are in excess of (3.5%) three point five percent above the index for March 2004. The amount of the adjustments shall be one cent (1¢) per hour for each increase or decrease of (.26) of a point in the index. There shall be no adjustments either up or down based upon the first three point five percent (3.5%) above the March 2004 index.
Such supplementary wage adjustments in the third year of the contract shall be based on fluctuations in the index which are in excess of (3.5%) three point five percent above the index for March 2005. The amount of the adjustments shall be one cent (1¢) per hour for each increase or decrease of (.26) of a point in the index. There shall be no adjustments either up or down based upon the first three point five percent (3.5%) above the March 2005 index.
Such supplementary wage adjustments in the fourth year of the contract shall be based on fluctuations in the index which are in excess of (3.5%) three point five percent above the index for March 2006. The amount of the adjustments shall be one cent (1¢) per hour for each increase or decrease of (.26) of a point in the index. There shall be no adjustments either up or down based upon the first three point five percent (3.5%) above the March 2006 index.
Such supplementary wage adjustments in the fifth year of the contract shall be based on fluctuations in the index which are in excess of (3.5%) three point five percent above the index for March 2007. The amount of the adjustments shall be one cent (1¢) per hour for each increase or decrease of (.26) of a point in the index. There shall be no adjustments either up or down based upon the first three point five percent (3.5%) above the March 2007 index.
Such supplementary wage adjustments, if due, shall be made on the first day of the workweek beginning nearest the quarterly date of January 1, April 1, July 1, and October 1 throughout the term of the Agreement, starting July 2003.
The supplementary wage adjustments for January 1, April 1, July 1, and October 1, if any are due, shall be based upon the indexes for the preceding September, December, March, and June, respectively, insofar as the index exceeds the appropriate "corridor" above the appropriate September index. During each year of this Agreement, the total decrease in supplemental wages during that year cannot exceed the cumulative amount of increases, in supplemental wages received in the same year.
Article 9.09 First Paragraph: Starting and top rates for job classification shall be as provided by 9.01 of this Agreement. Employees receiving less than the top rate for each job classification shall be as provided by 9.01 of this Agreement. Employees receiving less than the top rate in their classification shall be increased at the end of each quarter in which they have worked a minimum of 300 hours. These increases shall be on the dates and in the amount specified in Supplementary Schedules A (1), A (2), A (3), A (4) and A (5) which are a part of this Agreement and shall continue in the manner described above until employees reach the top rates for their respective classifications. For the purposes of this Section, time spent on paid leaves (vacations, holidays, Reserve and National Guard leave, jury duty, and bereavement leave) shall be considered to be time worked.
Article 10.01 (A)(2): An employee shall miss no more than eight (8) regular working hours during the calendar quarter. Hours not worked but to be considered as earned hours for this program include: vacation time, holidays, paid bereavement, Reserve and National Guard leave up to two (2) weeks in any one year as outlined in Article 16.01, jury duty, approved Union leaves of absence, FMLA leave not to exceed 12 weeks as outlined in 12.05, and paid accrued sick/personal day(s).
Article 10.01 (B): [Redoc]
Article 10.01 (E): An employee shall be paid accrued sick/personal leave benefits prior to drawing A&S benefits.
Article 11.01 (d): [Redoc]
Article 11.02 (b)(4): [Delete]
Article 11.02 (c)(1)(a): [Delete]
Article 11.03: An employee temporarily laid off or who separates from the employ of the Company for any reason is entitled to one twelfth (1/12th) of his vacation allowance for each month or part thereof which he has served since his last employment anniversary.
Article 11.04: [Redoc]
Article 12.01: Leaves of absence may be granted for personal reasons upon application by an employee to his supervisor for a period not less than five (5) work days and not to exceed thirty (30) days with payment for such leave outlined below. Final approval or disapproval shall rest with the Company. The Union shall have the right to appeal the Company’s rejection of a request for leave in any instance where they feel the rejection was unfairly made.
Any employee requesting and granted a personal leave will be required to use vacation in weekly increments and then Article 10, sick/personal days. When vacation and sick/personal time are exhausted, the remaining personal leave of absence will be without pay.
Article 12.05 (b): Any employee requesting and granted leave under FMLA will be required to use available sick/personal hours under Article 10. If available hours under Article 10 are insufficient to cover the approved FMLA leave or when available Article 10 hours are exhausted, the employee may elect to use vacation as outlined in Article 11 if the remaining leave time is less than five (5) working days and will be paid in a weekly increment. If the remaining leave time is five (5) or more working days, the employee will be required to use vacation in weekly increments as outlined in Article 11.
Article 12.05 (l): FMLA will run concurrent with approved A&S absences.
Article 13.01: All eligible employees within the Unit shall be paid for the following holidays as scheduled:
Article 13.03 (3): Have worked a minimum of four (4) hours on the last regularly scheduled workday prior to and a minimum of four (4) hours of the next scheduled work day following the holiday. Requirements under 2 and 3 above shall be considered to be fulfilled in the case of employees:
Article 13.03 (3)(a): [Redoc]
Article 13.06: If a holiday is observed during an employee’s vacation, he shall be paid for the holiday in lieu of compensated time off.
Article 15.01: [Redoc]
Article 15.01 (a): Upon application by an employee, an unpaid bereavement absence, not to exceed one day, may be granted for a death outside the "immediate family" as defined above. Such application must be made in advance of the absence. In the event of an unforeseeable need, the application must be made not later than one hour after start of the employee’s regular shift on the day of absence.
Article 17.10
A. The Company recognizes its obligation to provide a safe and healthful working environment for its employees. The Union shall cooperate with the Company’s efforts to carry out its obligations and both parties agree to use their best efforts to jointly achieve that end. To further the objectives of this program, each department shall conduct informational meetings with employees and, as appropriate, health, safety, and ergonomics issues will be discussed and employee input solicited.
B. All personal protective equipment provided by the Company will continue to be of safe design and construction. Employees must wear the personal protective equipment, and use the protective devices and other safety equipment designed to protect them from injury and illness.
Medical and Union Participation
C. Employees must report to their supervisor any injury or illness suffered at work so proper treatment can be administered by the First Aid Department or doctor. The Company shall continue to make adequate provision for first aid, hospital care, and ambulance service as necessary.
The supervisor will be involved in the investigation of all reported serious injuries and determine if the serious injury was caused by an equipment malfunction, the investigation will be completed prior to another employee being assigned that machine, but no later than 24 scheduled hours.
D. If a medical examination or test given an employee by the Company discloses any abnormal conditions, the employee shall be informed of said conditions and be provided with written results and any recommendations by a doctor.
E. There shall be a Safety Committee consisting of up to two members appointed by the Union and up to two members selected by management. One union member and one management member shall serve as Co-chairmen of the Safety Committee. The Plant Manager and the Local Union President (or their designees) will also be members of the joint committee. The Company will pay the regular rate of pay not to exceed eight (8) hours per day to the Union members of the committee for necessary time spent performing their duties.
The Safety Committee shall meet once each month to:
F. The Company agrees to provide 40 hours per year of safety related training to the Union Representatives on the Committee as determined by the Joint Safety Committee. All costs associated with such approved training will be borne by the Company.
G. It is understood that the Union Co-Chairman of the Safety Committee or his designee will be afforded an opportunity to participate in investigating serious occupational injuries and illnesses in the plant. Any applicable information and photographs will be made available to the Union Co-Chairman for review.
H. The Union Safety Committee will be provided advanced notification of industrial hygiene, noise, and workstation ergonomic evaluations (excluding placement of employees with work restrictions).
I. Effective one (1) month following the ratification of this agreement, the Nashville Plant will become a smoke-free facility. Smoking will only be permitted in designated areas outside of the facility. The Company will offer voluntary Smoking Cessation classes to interested employees.
Ergonomics Program
It is the Company’s and the Union’s objective to maintain an effective ergonomics program. The responsibility for program administration will be assigned to the Safety Committee. The Company and the Union therefore agree to use their best efforts jointly to maintain a program and review and discuss the implementation of ergonomics improvements, which includes the following elements: injury and illness analysis, employee input, tracking of complaints, and medical management. The Company will ensure compliance with all current and future Federal and Tennessee State ergonomic regulations.
Hoist Safety Program
The Company will increase the frequency of safety training on hoists for employees. In addition, the Company will review the effectiveness of hoist safety training, and take corrective measures to ensure compliance and accountability.
Environmental Improvements
The Union and Management are committed to enhancing the air quality in the facility. To that end, it is agreed that programs will be advanced to ensure reduction in exhaust fumes, weld fumes, and ambient smoke fumes.
Liability
With respect to Article 17.10 (Health and Safety), the Company shall hold the Union and its representatives harmless from all claims, demands, suits, or any other liability arising out of or by reason of action taken or not taken by the Union and its representatives for the purpose of complying herewith.
Article 24.01: This Agreement shall remain in force from ratification until midnight of June 20, 2008, and thereafter for successive periods of one year unless either party shall, on or before the 60th day prior to expiration, serve written notice by registered mail on the other party of a desire to terminate, modify, alter, negotiate, change, or amend this Agreement. A Notice of desire to modify, alter, amend, negotiate, or change, or any combination thereof, shall have the effect of terminating the entire Agreement on the expiration date in the same manner as a notice of desire to terminate unless before that date all subjects of amendment proposed by either party have been disposed of by agreement or by withdrawal by the party proposing amendment, modification, alteration, negotiation, change, or any combination thereof.
General Wage Increase
Effective:
Ratification --- 06/21/2004 --- 06/20/2005 --- 06/19/2006 --- 06/18/2007
--- 80¢/hr. ---- 55¢/hr. ------- 55¢/hr. -------- 55¢/hr. ------- 60¢/hr.
Schedule A (4) – LABOR GROUPS – CLASSIFICATION
Group I -------- Group II ----------- Group IV
Laborer ------- Assembler ---------- Production Mechanic
Janitor1 ------- Material Handler ----- Sheet Metal/Machine Shop Mechanic
Painter’s Helper ------ Maintenance Mechanic/Tool Crib
Painter
Welder2
Frame Prep
1 Janitor to be paid 25¢ premium when assigned to waterblast cleaning operation.
2 Certified --- restricted to two tests per year.
Schedule C Basic Life Insurance: [Redoc]
Schedule C AD&D Insurance Basic: [Redoc]
Schedule C AD&D Insurance Optional: [Redoc]
Schedule C Accident and Sickness (A&S) Insurance: Members receive a benefit of $365 per week for the first four (4) weeks of approved disability if they are unable to work due to non-occupational accident or sickness, including pregnancy, and are under a doctor’s care. Upon reaching the fifth week, members will receive a benefit of $465 per week and a $400 adjustment payment for the first four (4) weeks.
The benefit period begins on:
Covered Accident - First day unable to work.
Covered Sickness - Fourth consecutive work day unable to work or first day of hospital confinement, whichever occurs first.
Payments will continue while disabled up to a maximum of 52 weeks.
No benefits will be paid for any period during which sick/personal leave benefits are paid.
Side Letter – Accident and Sickness Insurance Exclusions: Upon ratification, disability incurred through the following acts is excluded from the Accident & Sickness Insurance plan:
Change Schedule C, Extended Disability Benefits Insurance:
EXTENDED DISABILITY BENEFITS INSURANCE
Members receive a benefit of $1,400.00 per month after exhaustion of all sick/personal leave and accident and sickness benefits, or on the day following fifty-two (52) weeks of worker's compensation benefits, if they are unable to work due to total disability and are under a doctor's care.
Side Letter – Extended Disability Benefits Insurance Exclusions: Upon ratification, disability incurred through the following acts are excluded from the Extended Disability Benefits Insurance plan:
Schedule C Survivor Income Insurance: [Redoc]
Schedule C, Vision Care Benefits:
VISION CARE BENEFITS
(Employees & Dependents)
The benefits as provided under the prior agreements shall remain in effect until June 20, 2008. Effective the date of ratification, the vision care plan will provide the following benefits:
The exam, lenses, and contact lenses will be limited to once per year and the frames once per year.
Schedule C, Health Care Benefits, Deductible:
HEALTH CARE BENEFITS
(Employee and Dependents)
Provided through BC/BS of Tennessee
Eligible expenses will be paid according to the following Schedule of Benefits:
Deductible Effective upon ratification:
Preferred Services ------------------------ Non-Preferred Services
Individual $200 per calendar year --------- $400/calendar year
Family $600 per calendar year ------------ $1,200/calendar year
Schedule C, Co-Insurance Percentages title to read: Co-Insurance Percentages for: [delete "Effective August 1, 1992"]
Schedule C, Health Care Benefits, Out-of-Pocket:
Out-of-Pocket Maximum Effective upon ratification:
Preferred Services --------------- Non-Preferred Services
Individual $1,200* -------------- None
Family $2,400* ----------------- None
* The out-of-pocket maximum for the 20% co-insurance is limited for an individual and for a family for Preferred Provider Services each calendar year. After the limit is reached, the plan pays 100% of eligible expenses during the remainder of the calendar year. The out-of-pocket maximum does not include the co-insurance for outpatient psychiatric care or the deductible amounts, and the 100% does not apply to eligible expenses incurred for outpatient psychiatric care.
Schedule C, Maximum Lifetime Amount Payable: $1,000,000 Preferred and/or Non-Preferred Provider services. A maximum $2,500 will be restored annually.
Schedule C, Hold Harmless Provision: Preferred Care providers cannot bill members for services denied by Blue Cross-Blue Shield of Tennessee as being not medically necessary or for charges in excess of Blue Cross-Blue Shield of Tennessee’s determination of usual and customary fees.
Schedule C, Medical Coverage Employee Monthly Pre-Tax Contributions:
Upon ratification, employee contributions are:
Employee Only $50.00
Employee + One $110.00
Employee + Two Or More $175.00
Schedule C, Medical Coverage Increases: Beginning July 1, 2004 and each subsequent July 1 for the life of Agreement, the employee pre-tax contribution rates in effect will increase by the percentage increase in the medical/prescription drug cost in the prior calendar year. The percentage increase will be no more than 10% in any calendar year.
Schedule C, Prescription Drug Plan: After a co-payment of $10 for a "generic" drug, and a co-payment of $30 for a "brand name" drug purchased through an AdvancePCS member pharmacy, the plan will pay the remaining cost of each prescription or refill. The MAC (maximum allowable cost) and Quantum Alert Programs will apply.
Schedule C, Dental:
DENTAL INSURANCE
(Employee and Dependents)
Provided through BC/BS of Tennessee
Coverage A&B - The plan will pay 100% of the usual, customary and reasonable fees for the following services:
- Routine Periodic Examinations
- Bitewing X-rays
- Full Mouth X-rays - once in any 36 month interval
- Topical Fluoride Application
- Prophylaxis at 6-month intervals
- Emergency Treatment
- Restorative Services
- Oral Surgery
- Endodontics
- Periodontics
- Repair of Full or Partial Dentures
(subject to $25 maximum per treatment)
- Space Maintainers
- Chrome Crowns
Coverage C - The plan will pay 70% of the usual, customary and reasonable fees for the following services:
- Gold Restorations
- Crowns, Bridges
- Full and Partial Dentures, Relining and
Duplication of Full and Partial Dentures.
$1,500 calendar year maximum per family member for Coverage A, B and C.
Coverage D - The plan will pay 60% of the usual, customary and reasonable fees for thefollowing services:
Orthodontic Care (dependent children only, covered to age 23)
$1,000 annual maximum and $2,000 lifetime maximum per dependent child.
Schedule C, Subrogation Clause: In the event of any payment for services or loss of work under this program, Blue Cross-Blue Shield of Tennessee, AdvancePCS, and CNA shall have all the covered person's rights of recovery against any person or organization, except against insurers on policies of insurance issued to and in the covered person's name, and the covered person shall execute and deliver such instruments and papers as may be required and do whatever else is necessary to secure such rights.
THE INFORMATION PRESENTED IN SCHEDULE C IS ONLY A SUMMARY. COMPLETE DETAILS OF THE BENEFITS, BENEFIT PAYMENTS AND CONDITIONS FOR PAYMENT ARE CONTAINED IN THE PLAN DOCUMENTS. IF THERE ARE ANY INCONSISTENCIES BETWEEN THIS SUMMARY AND THE PLAN DOCUMENTS, THOSE DOCUMENTS ARE THE FINAL AUTHORITY.
Schedule D, Pension Plan Improvements: Upon ratification, employees retiring on or after ratification, shall have a multiplier of $46 per year of credited service. Effective January 1, 2004, employees retiring on or after January 1, 2004, shall have a multiplier of $48 per year of credited service. Effective January 1, 2005, employees retiring on or after January 1, 2005, shall have a multiplier of $49 per year of credited service. Effective January 1, 2006, employees retiring on or after January 1, 2006, shall have a multiplier of $50 per year of credited service. Effective January 1, 2007, employees retiring on or after January 1, 2007, shall have a multiplier of $51 per year of credited service.
Retirees, current and future, will receive a multiplier increase of fifty cents (50¢) effective upon ratification; an additional fifty cents (50¢) effective January 1, 2004; an additional fifty cents (50¢) effective January 1, 2005; an additional fifty cents (50¢) effective January 1, 2006; and, an additional fifty cents (50¢) effective January 1, 2007.
The early retirement reduction factor for future retirees shall be four percent (4%) per year pre-age 65 through age 56. Effective January 1, 2002, for future retirees between the ages 62 to 65 with fifteen (15) years of service the early retirement reduction factor shall be zero percent (0%) per year of service.
Any employee retiring under the aforementioned paragraph shall retain the reduction factor in place at the time of his/her retirement.
Hours of service required to earn a year of credited service will be 1500 hours of service. If an employee has less than 1500 hours of service, he will earn a fractional year of credited service with the numerator being hours of service, measured in 150 hour increments and rounded up to the nearest 150 hours and the denominator being 1500 hours. An employee may not, however, accrue more than one year of credited service in any one plan year.
Employees will be given full credit for years and months of service prior to January 1, 1973. This will include present and future retirees.
Employees hired after the date of ratification will be eligible to participate in the plan on their first anniversary. Such employee once a member of the plan will be credited with past service retroactive to date of hire.
Details of all improvements, including all limitations and conditions will be included in booklets describing the plans.
Pension Delegation
The responsibility for the selection of the Pension Fund Trust Manager will be delegated to PACCAR INC
Schedule D, Retiree Health, First, Second, and Third Paragraph, Medicare Supplement: [Redoc]
Schedule D, Fourth Paragraph, RETIREE HEALTH: Effective June 1, 1995, employees retiring under the Pension Plan at age 62 to 65 and their spouses prior to becoming Medicare eligible, can participate in the Company Health Care Plan, BC/BS of Tennessee, and AdvancePCS Prescription Drug Program at his/her cost for employee and/or spouse at the group plan rates (without COBRA service charge).
Schedule D, Fifth Paragraph, RETIREE HEALTH: Employees retiring effective the date of ratification, or subsequently under the Pension Plan at age 62 to 65 (with fifteen (15) years credited service) will be eligible to participate in the Company Health Care Plan. This benefit program will remain in effect only during the term of this agreement and may be eliminated or modified at the expiration of the Collective Bargaining Agreement.
The retiree monthly contribution shall be one-and-a-half (1½x) times the appropriate category rate of an active employee, i.e.,
The coverage under this program will continue for the retiree until the earlier of any of the following:
The coverage under this program will continue for the spouse until the earlier of any of the following:
MOU #4: During the course of these negotiations, the Company and Union discussed the issue of job security and potential outsourcing requirements to remain efficient and competitive.
The Company recognizes the importance of the employment it affords its employees and the desire of the Union to preserve jobs. The Company affirms its desire to remain a viable employer in Madison, Tennessee. Therefore, in the interest of resolving these concerns, the parties have discussed various aspects of the problems, and reached the following understandings.
It is understood by the parties that for the Company to satisfy the demands of its customers and operate in a manner to successfully compete in its business, outsourcing of work is necessary from time to time. However, the Company agrees it will not contract regularly performed work at its Madison plant for the purpose of discriminating against the Union or any employee or groups of employees.
The Company agrees that it is to the Company’s advantage to perform as much of the work with its own employees as is economically feasible, and to that end the Company will maximize the utilization of its plant and equipment.
It is not the Company’s intent to outsource work for the purpose of reducing the size of the bargaining unit.
The Company and the Union recognizes the benefits of communicating changes that affect labor and will make reasonable efforts to do so. Additionally, the parties recognize, given the complexity of finished products and the number of suppliers involved, there may be sourcing changes implemented that unintentionally have not have been identified or communicated to the Union. In such circumstances, the Union President of Local 1832 may request after the fact information from the Plant Manager.
Further, the Company agrees to incorporate the following procedure when making sourcing determinations.
Upon serious consideration, the Company will notify the Union President of its intents to evaluate sourcing out of any existing product currently being produced at its Madison facility, and include in the notice the expected impact.
If the notification results in a reduction in the bargaining unit, or the Union becomes aware of an outsourcing action where no notice was provided, the President and one designee of the President will request a meeting with the Plant Manager within five (5) work days of the notice to review the outsourcing decision. The Union will be provided all relevant information available to the Company regarding this decision.
Within thirty (30) days of being "formally" notified of an outsourcing decision that will reduce the bargaining unit, the Union will have the right to present an alternative written plan that could alter the Company’s original decision. It is understood that the President’s designee shall have necessary time during regular work hours, up to a maximum of forty (40) total hours with pay by the Company, to evaluate the issue that results in the reduction of the bargaining unit.
If the aforementioned procedure fails to resolve the dispute, a grievance may be filed in accordance with the Grievance Procedure, Article 7.01, Step 3.
No outsourcing decisions shall be discussed or considered by the Joint Quality and Productivity Improvement Committee.
MOU #9 (2): It is understood and agreed that if an active employee(s) presents himself in a manner that would cause reasonable suspicion of substance abuse, and/or if they are involved in an on-the-job accident or illness resulting in an OSHA recordable, and/or property damage in excess of $2,000, then, such employee(s) may be required to submit to drug and/or alcohol testing.
MOU #10: [Redoc]
MOU #12: [Redoc]
MOU #13: [Delete]
MOU #16 ABSENTEE CONTROL PROGRAM:
Objective: To maintain a program for absenteeism while providing reasonable exceptions for less than perfect attendance as well as establishing guidelines for improvement of individual attendance. Effective the day following the employee communication meetings to be set by the Company.
EXCEPTIONS UNDER ABSENTEE CONTROL: Jury Duty/Subpoena per Article 14, Contractual Bereavement, Unpaid Bereavement, Vacation, Holiday, Disciplinary Time Off, Leave of Absence, FMLA per Article 12.05, Earned Paid Sick Days, Personal Leave (four (4) or eight (8) hour increments) per Article 10.01 (g), Military Leave of Absence, Weather Related Absence recognized by the Company, Union Business, ADA, and Medical (as further defined).
MEDICAL: Lost Time Injury/Illness: Consideration under absentee control will be pending until the final determination (approval/denial) of a claim has been made and the employee notified accordingly. A period of lost time denied under the Workers’ Compensation program but certified under A & S (as outlined below) will not be considered as an infraction under the absentee control program.
ACCIDENT AND SICKNESS: Medical certification required. An A & S claim must be filed or in process within five (5) work days following first day of absence. If an A & S claim is filed, consideration under absentee control for this period of absence will be pending until the final determination (approval/denial) of a claim has been made and the employee notified accordingly. Approved periods of absence under A & S will not be considered as an infraction under the absentee control program. Unapproved (denied) periods of absence under A & S will not be considered under the absentee control program, except that any absence after notification to the employee of the final determination will be considered as an infraction, unless otherwise excluded under this program.
Absences as the result of the company’s nurse dismissing an employee from work due to a medical condition will be excluded from consideration under this program.
EXTENDED DISABILITY BENEFITS (EDB): Medical certification required. If an EDB claim is filed prior to or at the time of eligibility, consideration under absentee control for this period of absence will be pending until the final determination (approval/denial) of a claim has been made and the employee notified accordingly. Approved periods of absence under EDB will not be considered as an infraction under the absentee control program. Unapproved (denied) periods of absence under EDB will not be considered as an infraction under the absentee control program, except that any absence after notification to the employee of the final determination will be considered as an infraction, unless otherwise excluded under this program.
Absences due to the employee’s inability to return to work due to medical restrictions will not be counted under this program.
Employees who are required to have initial and required follow-up treatment, as certified by the treating physician for ongoing illness or serious health conditions should seek such treatment outside scheduled work hours. However, when scheduled during work hours, such time will not be considered as an infraction under the absentee control program, provided the employee submits verification from the provider that the treatment dates and/or times were related to such medical condition.
DEFINITION OF AN INFRACTION: (excludes the exceptions outlined herein)
PROGRESSIVE STEPS OF CORRECTIVE ACTION:
Days absent, days tardy, or early departures will be monitored on the basis of a three (3) month rolling review period (defined below) until such time as the level of Written Warning is reached. Once an employee has been issued the corrective action step of Written Warning, the review period will become six (6) months.
Corrective action steps will be taken when the following attendance level is met:
TWO (2) INFRACTIONS IN ANY THREE (3) MONTH ROLLING REVIEW PERIOD OR SIX (6) MONTH ROLLING REVIEW PERIOD AFTER THE EMPLOYEE REACHES THE CORRECTIVE ACTION STEP OF WRITTEN WARNING.
INFRACTION REVIEW PERIOD: A three (3) month or six (6) month rolling review period will begin with the date of an absence, tardy, or early departure infraction.
LEVELS OF CORRECTIVE STEPS:
In the case of new hires with less than twelve (12) months service, corrective action steps will begin with a Written Warning.
REDUCTION OF CORRECTIVE ACTION STEPS: An employee through regular attendance will be provided the opportunity to reduce previous corrective action steps issued under the absentee control program. If an employee is issued a corrective action step of Counseling or Verbal Warning and subsequently goes three (3) months from the date of issuance without another corrective action step, the current step of corrective action will be reduced by one (1) step.
If an employee is issued a corrective action step of a Written Warning or greater and subsequently goes six (6) months from the date of issuance without another corrective action step, the current step of corrective action will be reduced by one (1) step.
Upon implementation of this absentee control program, previous attendance discipline issued prior to the implementation to any employee on the date of ratification will be removed from the files, with no liability to the Company, and any absences prior to the implementation will not be considered under the absentee control program.
The Union Committee as set forth in Article 4.05 will assist with the implementation and administration of the program, provide counseling, attend counseling sessions conducted by the Company, and advise and assist employees with A & S, EAP, and other matters relative to attendance.
The parties agree that the Absentee Control Program is entered into in the spirit of cooperation and further that should legitimate absences not excluded herein arise, the parties will meet to review and agree upon any necessary modifications to the program. Employees will be advised of any such changes.
LEAVES OF ABSENCE APPROVALS: The Company will review leaves of absence requests based on the merits of the request per Article 12. Such requests may include legitimate personal business needs, family emergencies, FMLA requests denied due to ineligibility, etc. Such request will not be unreasonably denied.
Seniority Retention (page 86, 1998 Agreement): [Dele