WORKING AGREEMENT
Consumers Energy Company
and
Utility Workers Union
of America
affiliated with the
AFL-CIO
Covering
Operating, Maintenance and
Construction Employees
June 1, 2010 to June 1, 2015
4-10’s (Energy Distribution) ..................162 32
Accumulation of Seniority .......................16 VII 5
Adverse Weather, Determination of ........39 X 3
Adverse Weather, Gas Distribution ........39 X 2
Arbitration, Discipline ................................8 III 8
Arbitration, Expense, Discipline ..............11 III 8(h)
Arbitration, Expense, Grievance .............13 IV 3
Arbitration, Grievance .............................12 IV 1
Arbitration, Provisions for .........................7 III 7
Arbitrator, Power of, Discipline .................9 III 8(f)
Arbitrator, Power of, Grievance ..............13 IV 2
Arbitrator, Selection of, Discipline .............9 III 8(e)
Arbitrator, Selection of, Grievance ..........13 IV 2
Assignment Away from Home ................44 X 9
Assignment to Other Work .....................76 XV 15
Benefits, Incapacitated Employee ..........78 XVII 3
Benefits (Separation Allowance)
Provisions for ........................................76 XVII 1
Bidding to Lower Job ..............................19 VII 7b
Board and Lodging
Construction Crews ..............................43 X 8
Region Crews .......................................44 X 9
Bridging of Continuous Service ............177 40
Bulletin Boards, Use Of ..........................38 IX 1
Bypass of Steps 1 & 2 (Grievances).........7 III 6
Call-Out Allowance .................................41 X 5(b)
Carrying of Lunches ...............................45 X 10(a-b)
Certification Order ....................................2 II 1
Changes, Employee Status,
Notification to Union ...............................37 VIII 1
Clothing, Furnished ................................48 X 19
Clothing, Protective ................................48 X 20
Coal Crews, Working Schedules ............54 XI 6
Combination Jobs ...................................73 XV 7
Combination Relief Employees
Schedule................................................53 XI 4
Wages ...................................................73 XV 6
Compensation
Higher Starting Rate, Incapacitated
Employee.............................................74 XV 11
Merit Increases .....................................72 XV 5
Overtime Pay ........................................59 XI 14
Paid Absence Day ................................59 XI 13
Promotions, Wage Increases ...............71 XV 3
Rate of Pay - Move to Lower or
Same Labor Grade ..............................72 XV 4
Wage Rate Ranges ..............................93 Exhibit A
Conflict, Federal & State Laws ...............81 XXI 1
Consumer Price Index Allowance ...........86 XXII 6
Continuous Service
Rules ....................................................25 VII 16(a)
Termination ..................................... 25-26 VII 16(b-c)
Defined .................................................25 VII 16
Contractors, Use of.................................49 X 23
Critical Illness, Family .............................70 XIII 5
Customer Services
Job Combination.................................141 18
Schedule...............................................54 XI 7(a)
Daily Work Period ...................................52 XI 2
Days Defined, Grievance Procedure ......12 III 10
Death Benefit Plan..................................79 XIX 1
Death in Family.......................................70 XIII 4
Deduction, Union Dues.............................4 II 4
Disabled Employee
Workers’ Disability Compensation
- Wages ..................................................75 XV 13
Discharge, Probationary Employee ........11 III 9
Disciplinary Action & Appeal ................... 8 III 8
Disciplinary Action
General Obligation................................ 2 I 2
Letters................................................... 8 III 8
Notification ..............................................8 III 8
Discounts ................................................79 XIX 2
Doctor’s Report Required .......................24 VII 15
Effective Date and Duration ....................81 XXII 1
Employee Defined .................................. 3 II 2
Energized Lines, Assisting......................47 X 17
Excused Absences
Critical Illness .......................................70 XIII 5
Death in Family.....................................70 XIII 4
Medical Treatment ................................70 XIII 6
Expenses
Arbitration .............................................13 IV 3
Traveling Expenses ............................124 7
Flexible Starting Hours .........................155 28
Funerals - for Fellow Employee
or as Pallbearer ......................................51 X 26
General Obligations ..................................2 I 1
General Working Conditions ...................38 X
Grievance Procedure................................4 III
Grievance
Company & Union Representatives .......5 III 2
Arbitration ...............................................8 III 8
Bypass ....................................................7 III 6
Combining ..............................................6 III 4
Final Conference ....................................7 III 7
Informal...................................................4 III 1
Investigation ...........................................6 III 4
Pay for Attendance ................................ 5 III 3
Presidential ........................................... 8 III 8
Step I ......................................................4 III 1
Step II .....................................................4 III 1
Summary of Proceedings .......................7 III 5
Supervisor Consent ............................ 5-6 III 3, 4
Time ........................................................5 III 3
Group Insurance .....................................78 XVIII 1
Probationary Employee Eligibility .........78 XVIII 3
Half Days - Sick Leave ..........................68 XIII 2
Higher Starting Rate
Incapacitated Employee .......................74 XV 11
Provisions for ........................................73 XV 8
Holiday
Compensation ......................................57 XI 12
During Vacation ....................................63 XII 5
Defined .................................................57 XI 12(a)
Eligibility for Pay ...................................58 XI 12(b)
Rate of Pay ...........................................59 XI 12(c)
Schedule Change on ............................56 XI 8
Hours of Employment .............................51 XI
Incapacitated Employees Benefits .........78 XVII 3
Rate of Pay ...........................................74 XV 11
Inclement Weather, Determination of .....39 X 3
Electric Distribution ...............................38 X 1
Injury, Seniority Continued ......................24 VII 14
Inspection Work ....................................145 22
Job Evaluation ........................................79 XX
Job Interviews.......................................180 42
Job Site Reporting ..................................42 X 7(b)
Job Vacancy
Eligible Applicants.................................22 VII 9(c, g, h, I, k)
Posting............................................ 20-21 VII 9(a, b, d)
Joint Underground Construction ...........146 23
Jury Duty
Court Witness .......................................51 X 25
Shift Reassignment ............................135 13
Layoff
Bidding Rights ......................................22 VII 9(k)
Notification Required ............................15 VI 1
Recall Rights ........................................33 VII 17(k)
Reemployment, Seniority ...................33 VII 18
Reemployment, Temporary ................34 VII 19
Rights at Time of...................................26 VII 17
Leave of Absence
Elected Political Office ..........................23 VII 12
Personal Reasons ................................24 VII 13
Pregnancy ............................................37 VII 21
Union Business (30 Days or Less) .......23 VII 11
Union Business (Over 30 Days) ...........23 VII 12
License Fees ........................................144 21
Limited Service Employees ....................74 XV 12
Live Gas Service ....................................47 X 18
Local Service Workers - Schedules ........57 XI 10
Location of Work Schedules
Local Service Workers ..........................57 XI 10
Station Operators .................................56 XI 9
Maintenance Employees, Schedules .....53 XI 5
Meals ......................................................45 X 10
Allowances..................................... 45-46 X 10(b-h)
Chart ...................................................149 26
> 1 Hour Preceding Shift ......................45 X 10(c)
> 3 Hours After Shift .............................45 X 10(d)
Intervals of 5 Hours ..............................45 X 10(f)
Out of Town ..........................................46 X 10(g)
Plant Employees - time to eat meals ..161 31
Released From Work ............................46 X 10(h)
Within 2 Hours After Shift .....................45 X 10(e)
Medical Treatment ..................................70 XIII 6
Family Employee Presence Required 140 17
Medical Restrictions - Permanent
Workers Comp. ....................................75 XV 13
Personal Illness
Reassignment....................................74 XV 11
Merit Increases .......................................72 XV 5
Method of Layoffs ...................................26 VII 17
Method of Promotions ............................18 VII 7
Mileage Allowances ................................47 X 13
Mileage Chart .......................................124 7
Moving Expenses ...................................46 X 11
New Technology ...................................175 38
Night Premium ........................................59 XI 15
Notice in Advance of Travel ..................123 6
Notification of Absence ...........................49 X 22
Notification to Union ...............................37 VIII 1
New Employees....................................37 VIII 1
Employees Leaving ..............................37 VIII 1
Occupational Group Defined ..................15 VII 2
On-Call ...................................................41 X 6
Overtime
Call-Out ................................................41 X 5(b)
Distribution of........................................49 X 24
Grievances, 20-Hour Rule ....................51 X 24(c)
Lists ......................................................49 X 24(a)
Prearranged..........................................40 X 5(a)
Pay .......................................................59 XI 14
Records ................................................50 X 24(b)
Paid Absence Day ..................................59 XI 13
Pallbearer ...............................................51 X 26
Pay Periods ............................................76 XV 16
Picket Lines ..........................................117 2
Posting of Jobs .......................................20 VII 9
Posting Seniority Lists ............................15 VII 3
Prearranged Work ..................................40 X 5(a)
Probationary Employees ........................16 VII 4
Promotion to Supervisory Position .........19 VII 8
Promotions Within Occupational Group .18 VII 7(a)
Supervisory Position .............................19 VII 8
Temporary Promotion
(>) More Than 5 Days.............................75 XV 14
Temporary Upgrading
(<) Less Than 5 Days .............................73 XV 9
Wage Increases ....................................71 XV 3
Promotions, Wage Increases .................71 XV 3
Proof of Illness or Injury ..........................67 XIII 1(c)
Protective Clothing Furnished ................48 X 20
Rate of Pay - Move to Lower
or Same Labor Grade .............................72 XV 4
Recognition............................................. 2 II 1
Reemployment
Seniority................................................33 VII 18
Separation Allowance ...........................77 XVII 2
Regular Work Period ..............................52 XI 2
Replacement Rights ...............................26 VII 17
Reporting Absences ...............................49 X 22
Retirement Plan ......................................76 XVI 1
Retrogression Clause .............................19 VII 7(b)
Returning to Former Job.........................22 VII 10
Rights & Responsibilities
to Management.......................................15 V 1
Safety Precautions
Electric Distribution ...............................47 X 17
Gas Distribution ....................................47 X 18
Schedules
Local Service Workers ..........................57 XI 10
Maintenance Employees ......................53 XI 5
Station Operators .................................56 XI 9
Seniority..................................................15 VII
Accumulation ........................................16 VII 5
Defined .................................................15 VII 1
Lists ......................................................15 VII 3
Semiautomatic Stations ..........................56 XI 9
Seniority..................................................15 VII
Seniority Defined ....................................15 VII 1
Separation Allowance .............................76 XVII
Shift Employees......................................52 XI 3
Shift Preference ......................................55 XI 7(c)
Local Union President ........................138 15
Operations ..........................................178 41
Procedures .........................................136 14
Sick Leave Benefits ................................65 XIII
Amount of .............................................65 XIII
Standby Allowance .................................41 X 6
Starting Rate...........................................71 XV 2
Strikes
No Strike Clause.....................................2 I 1
Unauthorized ..........................................2 I 1
Substation Construction
Employee Headquarters Changed .......43 X 8
Successor Clause.....................................4 II 5
Sunday Premium ....................................60 XI 16
Telephones - Use of, Employee..............46 X 12
Temporary Promotions ...........................75 XV 14
Temporary Transfers...............................18 VII 6
Temporary Upgrading .............................73 XV 9
Temporary Vacancies
Laid Off Employees ..............................34 VII 19
Time Off for Union Business
(Over 30 Days) .......................................23 VII 12
Tools Furnished ......................................48 X 21
Total Disability (Workers’ Comp).............69 XIII 3
Transfer
Ineligibility ........................................16,22 VII 4,10
Lower Rated Jobs.................................19 VII 7(b)
Postings/Filling Vacancies ....................20 VII 9
Promotions ...........................................18 VII 7
Refusal of .............................................22 VII 10
Return Rights...................................19,22 VII 7(c),10
Seniority...........................................16,18 VII 5,6
Temporary or Regularly Assigned .........74 XV 10
Travel Time .............................................42 X 7
Union Membership ...................................3 II 3
Vacation ..................................................60 XII
Allowance in Lieu of ..............................61 XII 4
Amount .................................................60 XII 2
Deferral .................................................65 XII 9
Holiday During ......................................63 XII 5
Illness ...................................................64 XII 6
In Lieu of Sick Benefits .........................61 XII 3
Scheduling ............................................64 XII 7
Wage Rate Ranges ................................93 Exhibit A
Wage Rates - Job Titles .........................71 XV 1
Wages and Paydays ...............................71 XV
Weekday Daytime Employees ................57 XI 11
Workers’ Compensation
(Disabled Employee), Wages ...............75 XV 13
(Total Disability) ....................................69 XIII 3
Working, Schedules
Changes ...............................................56 XI 8
Coal Crews ...........................................54 XI 6
Combination Relief Employees ............53 XI 4
Customer Services Employees ............54 XI 7(a)
Daytime Employees..............................57 XI 11
Local Service Workers ..........................57 XI 10
Maintenance Employees ......................53 XI 5
Material Services Employees ...............54 XI 7(b)
Non-rotating ..........................................55 XI 7(c)
Semiautomatic Stations ........................56 XI 9
Shift Employees....................................52 XI 3
Weekday Daytime Employees ..............57 XI 11
Work Limitations .....................................71 XIV 1
Page Article Section Appendix
CROSS REFERENCE
ARTICLE AND SECTION CROSS REFERENCE
Article VII Section 4 Appendix Letter 40
Article VII Section 5 Appendix Letter 25
Article VII Section 7 Appendix Letter 41
Article VII Section 9 Appendix Letters 25 and 42
Article VII Section 13 Appendix Letter 5
Article VII Section 17 Appendix Letters 25, 46, and 50
Article VII Section 21 Appendix Letter 5
Article X Section 7 Appendix Letter 6
Article X Section 9 Appendix Letters 6 and 7
Article X Section 10 Appendix Letters 26 and 31
Article X Section 10 (h) Appendix Letter 31
Article X Section 13 Appendix Letter 7
Article X Section 25 Appendix Letter 13
Article XI Section 3 (b) Appendix Letter 41
Article XI Section 7 (b) Appendix Letter 28
Article XI Section 7 (c) Appendix Letter 14
Article XI Section 8 Appendix Letter 28
Article XI Section 11 Appendix Letter 28
Article XIII Section 1 Appendix Letters 5 and 16
Article XIII Section 2 Appendix Letter 5
Article XIII Section 6 Appendix Letter 17
Article XV Section 1 Appendix Letter 19
Article XV Section 7 Appendix Letters 18 and 20
MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into by and between
the Consumers Energy Company, hereinafter referred to as the
“Company,” and the Utility Workers Union of America, AFL-CIO,
formerly known as the Utility Workers Union of America (affiliated
with the Congress of Industrial Organizations), and its Michigan State
Utility Workers Council, representing all of its local unions among the
employees of the Company, hereinafter individually and collectively
referred to as the “Union,”
WITNESSETH that:
WHEREAS, the very existence of the Company is conditioned
and dependent upon the faithful carrying out of its obligations and
responsibility in serving the public, and
WHEREAS, this responsibility to the public is the responsibility of
both the employees and the Company, and requires that any dispute
arising between the employees and the management be adjusted
and settled in an orderly manner without interruption of service to the
public, and
WHEREAS, both parties hereto recognize the responsibility of service
to the public, and
WHEREAS, both parties hereto desire to enter into an Agreement
which will eliminate any reason for strikes, stoppages of work or
lockouts during the term of such Agreement and during any period
while negotiations are in progress between them for any change or
renewal of this Agreement,
NOW, THEREFORE, for and in consideration of the premises and
promises and Agreements Hereafter contained, it is agreed that
General Obligations
Section . There shall be no picketing, strikes, concerted failure
to report for work, slowdowns or stoppages of work, nor any
lockouts, during the terms of this contract, or during any period
of time while negotiations are in progress between the parties
hereto for the amendment or renewal of this Agreement.
Section . The Company agrees, as part of the consideration of this
Agreement, that neither the Union, its officers or official representatives,
shall be liable for damages for unauthorized picketing,
strikes, concerted failure to report for work, slowdowns or stoppages
of work, if:
(a) The Union gives written notice to the Company and the employees
involved within twenty-four ( 4) hours of such action,
that it has not authorized the stoppage, strike, slowdown or
suspension of work, and such written notice directs the employees
involved to return promptly to their jobs and cease
any further violation of this Agreement; and if
(b) The Union at the same time authorizes the Company to give
such further publication of such notice as in the sole judgment
of the Company appears desirable.
It is recognized that the Company has the right to take disciplinary
action, including discharge, against any employee who is responsible
for or participates in a breach of a provision in Section hereof,
whether or not the Union gives the notice provided in this Section.
ARTICLE II
Recognition
Section . The Union has been certified by Order of the National
Labor Relations Board dated June 3, 944 (Case No. 7-R 599),
as amended, to which certification reference is hereby made, as
the exclusive representative of all of the Company’s employees,
except general and assistant general foremen, outside crew foremen,
plant supervisors, and any other supervisory employees
with the authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively
recommend such action, office employees, office building janitors
and watchmen, plant watchmen, customer account representatives,
connected load inspectors, electrical, mechanical and civil
engineers, efficiency men, junior engineers, draftsmen, surveyors,
chemists, architects, temporary employees hired for specific
jobs (ie, other than those listed in Exhibit “A”), and for not more
than six months, part-time local servicemen and local servicemen
who do not perform mechanical work in the regular course
of employment, and storekeepers with supervisory power who
do not ordinarily do mechanical work, but including watchmen
other than those excluded above, load dispatchers, meter readers,
bill distributors, plant janitors, and storekeepers other than
those excluded above, and the Company agrees to recognize
the Union, as the sole and exclusive bargaining agent, through its
duly accredited officers and representatives, in respect to rates
of pay, wages, hours of employment, and all other conditions of
employment for such employees.
Section . Unless this Agreement otherwise indicates, the words
“employee” or “employees”, as used herein refer to the person
or persons in the Company’s employ, other than persons hired
under the provisions of the Temporary Employment Agreement
or any successor Agreement, for whom the Union has been
designated as the exclusive bargaining representative, by the
provisions of the Certification Order referred to in Section of this
Article. Wherever the masculine pronoun is used in this Working
Agreement it shall mean or include the feminine pronoun where
applicable.
Section 3. The National Labor Relations Board, having certified on
April 4, 948, that the Union is authorized to make an Agreement
containing such provisions, it is understood and agreed between
the parties hereto that
(a) All employees who are, upon the execution of this Agreement
included within the Bargaining Unit, and those who later
become members of the Union, shall meet their financial obligations
to the Union, uniformly required, until the expiration
of this Agreement, or until they cease to be members of the
Bargaining Unit, except as hereinafter provided.
(b) Each new employee for whom the Union has been designated
as the exclusive bargaining representative shall, as
a condition of employment, become a member of the Union
and pay to the local union the initiation fee it has established
prior to the effective date hereof within 30 days from his first
day of employment.
(c) Any member who shall become more than one month in arrears
in the payment of his Union dues shall be subjected
to such disciplinary action as may be agreed upon by the
Company and the Union. The Union agrees not to discriminate
against an employee on any grounds other than failure
to pay the periodic dues and the initiation fees uniformly required
as a condition of acquiring or retaining membership.
Section 4. The Company will deduct from the wages of those employees
who authorize it to do so in writing in the form agreed to
by the Company and the Executive Board of the Michigan State
Utility Workers Council, reasonable weekly dues, uniformly applied,
as Union dues for the duration of such authorization. Dues
deductions shall be made from the wages payable each Friday
and the accumulated amount shall be remitted to the Michigan
State Utility Workers Council on or about the tenth of each month.
If an employee has no earnings during a week, the dues which
would have been deducted that week shall be deducted in the
next week during which he has earnings, except that at the end
of a six-week period of no earnings the Executive Board of the
Michigan State Utility Workers Council shall be notified and the
Company will not deduct from subsequent earnings the accumulated
unpaid dues. Dues deductions shall commence in the second
week next succeeding the week during which the Company
is given written authorization.
Section 5. The provisions of this Agreement shall be binding not
only upon the Company, but upon its successors and assigns.
The Company shall make it a condition of the sale or transfer
that the successors or assigns shall be bound by the terms of this
Agreement. A copy of such a sale or transfer agreement shall be
provided to the Union after its execution.
ARTICLE III
Grievance Procedure
Section . Should any difference arise between any employee or employees
and the Company as to the meaning or application of the
terms and provisions hereof, such differences should normally be
adjusted by direct contact between the employee or employees
and his or their immediate supervisor. Where any such difference
is not or cannot be adjusted in the normal way, the employee or
employees involved may refer the difference to his or their authorized
local union representative, who shall endeavor to settle the
difference informally with the immediate supervisor. The Union
and the Company believe that there should be a sincere effort on
the part of each of the parties to settle differences as far as possible
in the above manner and in any event, at the lowest level
of the grievance procedure possible. If not so settled, it shall be
formally disposed of in the following manner:
Step . The difference (hereinafter referred to as the grievance
when placed in writing) shall be promptly placed in
writing by the authorized representative or representatives of
the local union and submitted to the designated Company
v
representative. Such designated Company representative
shall thereupon agree to a meeting for the consideration of
the grievance at the earliest agreeable time not later than five
days after he shall have received the grievance. In the event
the designated Company representative cannot meet with the
Grievance Committee within that time, there shall be present
a representative designated by him with full power and
authority to settle the grievance. No grievance so presented
will be adjusted without a union representative being present.
If a grievance is not presented to the designated Company
representative within three months of its occurrence, it will
be understood that it no longer exists. However, no claim for
retroactive adjustment shall be made prior to 5 days immediately
preceding the first submission of such grievance.
Step . If the grievance is not settled in Step , the Local
Union Grievance Committee shall, within five days after the
completion of the meeting or meetings referred to in Step ,
submit the grievance to the designated Company representative,
who shall, as promptly as possible, but within five days
after the grievance is submitted to him, meet with that committee
and endeavor to settle the grievance. In the event
the designated Company representative cannot meet with
the Grievance Committee within that time and at the place
desired, there shall be present a representative designated
by him with full power and authority to settle the grievance.
If a grievance is not submitted to the designated Company
representative within the time specified above, it will be understood
that it no longer exists.
Section . Each local union will furnish the appropriate
Human Resource Representatives with the names of its authorized
representatives and members of its Local Union Grievance
Committees, and such changes as may occur from time to time
in such personnel, so that the Company may at all times be advised
as to the authority of the individual representatives of the
local union with which it may be dealing. The Company will in
return through its appropriate Human Resource Director keep the
respective local unions advised as to its designated representatives,
and such changes as may occur from time to time in such
representatives.
Section 3. Either of the parties hereto may have present at the meetings
provided in Steps and of Section hereof, any person
or persons it may consider necessary to the proper consideration
and settlement of the grievance. It is the desire of all parties
to keep such representation at a minimum and the number of
employees, designated by the local union through its President,
v
who shall suffer no loss of their straight-time pay while attending
such meetings will be limited to five. Reasonable time shall
be set aside for the holding of such grievance meetings. In the
event attendance at any meeting referred to in Section hereof
does not require an employee to leave the municipality in which
he works or its immediate surrounding vicinity, he shall suffer no
loss of his straight-time pay. Further, in the event attendance at
any meeting referred to in Section hereof requires the Local
Union President, or other local union officer designated by the
Local Union President if the Local Union President is absent from
work, on vacation pursuant to Article XII, due to illness or injury
covered by Section , or 3 of Article XIII, or on Union business
without pay, to travel between local operating headquarters
within the jurisdiction of his local union, he shall suffer no loss of
his straight-time pay for the reasonable time necessary for such
travel and attendance at such meeting. In no event, however,
shall an employee leave his job for such purposes without prior
consent of his immediate supervisor.
Section 4. Either a local union representative or Local Union
President may investigate a difference not resolved informally
with the immediate supervisor or grievance referred to in Section
l hereof. If the investigation does not require a local union representative
to leave the municipality in which he works or its immediate
surrounding vicinity, or if the investigation of any grievance
is by the Local Union President and does not require him to leave
the jurisdiction of his local union, he shall suffer no loss of his
straight-time pay. The Local Union President may designate one
local union officer to perform such investigation on behalf of the
Local Union President if he is absent from work because of (a)
vacation, pursuant to Article XII, (b) illness or injury covered by
Article XIII, Section , or 3, or (c) union business without pay.
Time for such investigation without loss of pay shall not exceed
an aggregate of one hour. Provided, however, that if such investigation
requires the Local Union President, or his designee if
applicable, to travel between local operating headquarters within
the jurisdiction of his local union, he shall suffer no loss of his
straight-time pay for the reasonable time necessary for such
travel.
In no event, however, shall an employee leave his job for any of the
above purposes without the prior consent of his immediate supervisor.
Prior to permitting such employee to see another supervisor, the
immediate supervisor will ascertain whether the supervisor whom
the employee wishes to see is available. It is understood that the
supervisor whom the Bargaining Unit employee wishes to see will
meet him if available. If such supervisor is not then available he will
meet the employee not later than midshift of the next day on which the
supervisor is at work.
More than one difference or grievance arising from the same incident
shall be considered a single difference or grievance for purposes of
this Section. Furthermore, the employee shall obtain the approval of
his immediate supervisor prior to such investigation.
Section 5. Each party, through one of its representatives, shall
prepare a written summary of its position on each grievance
discussed at any meeting referred to in Steps l and of Section
l, hereof, preferably before adjournment of such meeting but not
later than the end of the following day. Copies thereof shall be
provided each party.
Section . Should a grievance arise between the local union and
the Company that cannot be adjusted through normal grievance
procedure as provided for in this Article, because such grievance
involves matters that affect other employees as a group,
or matters concerning Company policy, the designated Company
representative and the local union may, by agreement, bypass
Steps and of the Grievance Procedure as provided for in
Section of this Article and submit the grievance or grievances
directly to a final conference as provided for in Section 7 of this
Article. Whenever grievances are pending at different locations
of the Company but involving the same complaint, the Union,
by written notice to the Company through the Executive Board
of the Michigan State Utility Workers Council, may consolidate
such grievances for the purpose of processing through Steps
and of the Grievance Procedure, whereupon the processing of
such consolidated grievances through Steps and at any one
location of the Company shall suffice for all the grievances so
consolidated.
Section 7. In case of final disagreement between the representatives
of the local union and the Company in relation to any grievance,
as provided in Section hereof, the same may be referred by either
party within 30 days of the completion of the meeting referred
to in Step , to a final conference between the Executive Board of
the Michigan State Utility Workers Council, and the Company’s
Director of Labor Relations, or someone delegated by him. If
such a conference is requested on or before the first day of any
calendar month, the conference will be held not later than the
last day of the same month and if the request for a conference is
made subsequent to the first day of the month, the conference will
be held not later than the last day of the next succeeding month.
The Company will advise the Executive Board of the Michigan
State Utility Workers Council of its decision with respect to each
grievance referred to such conference for discussion by written
notification mailed within ten days after such conference. The
Executive Board of the Michigan State Utility Workers Council
may thereafter refer the grievance to arbitration by written notification
to the Company. A grievance filed during the term of
this Working Agreement for which a Final Conference answer is
received by the Union by December 3 will be understood to no
longer exist unless written notification to the American Arbitration
Association referring the grievance to arbitration is received by
the Company by June of the ensuing year.
Section 8. The Company reserves the right at all times to discipline
employees and to suspend and remove them from their jobs for
such purposes:
(a) In disciplining employees the Company shall disregard letters
of discipline which were issued two or more years prior to the
latest occurrence of disciplinary action.
(b) Letters of discipline dated more than two years prior to the
latest disciplinary action will be permanently removed from
the employee’s personnel file prior to its release by the
Human Resource Department.
(c) The Company will advise the Local Union President or his
designated representative of the circumstances which led to
suspension for investigation or disciplinary action not later
than the end of the next workday of the affected employee
and will discuss the matter with a local union officer or officers
upon request. If practicable, the Company will advise
the Local Union President or his designated representative
prior to the imposition of disciplinary action.
(d) If an employee is demoted, discharged or suspended for
cause by the Company, the Executive Board of the Michigan
State Utility Workers Council (hereinafter in this Subsection
(d) “Executive Board”) may, file a grievance with the Company
within 0 days of the date the employee is demoted, discharged
or suspended for cause. If an employee has been
suspended for investigation for seven days, the Executive
Board may at any time thereafter for the duration of such
suspension for investigation, file a grievance alleging that the
Company did not have, or no longer has, reasonable grounds
for such suspension for investigation. It is recognized by both
parties that such grievances should be settled at the earliest
possible time and take precedence over grievances of
a different nature. Therefore, if requested by the Executive
Board, an employee who has been demoted, discharged or
suspended for cause or suspended for investigation shall
have the right to a prompt hearing on such charges before
the President, or someone delegated by the President to
represent him at such hearing, and, except as set forth in
Subsection (e) of this Section, may not utilize the procedure
outlined in Article III, Sections through 7, for negotiating
other grievances. In the event the investigation of any such
grievance, or attendance at a discussion provided in Subsection
(c) of this Section, does not require an employee to leave the
municipality in which he works or its immediate surrounding
vicinity, he shall suffer no loss of his straight-time pay.
If the President or his representative sustains the grievance
in whole or in part, the employee or employees involved shall
sustain no loss of contract benefits other than loss of pay, and
as to loss of pay the President or his representative shall be
free to make such decision as he shall deem justified under the
circumstances. Likewise, if an employee is thus found to have
been unjustly demoted and is placed in a higher rated job than
the one to which he was demoted, he shall be compensated for
the difference between the straight-time pay for the two jobs.
The Executive Board submits a grievance under this Section
8(d), on behalf of an employee who has been discharged; it
may at that time notify the Company in writing that arbitration of
the grievance is desired. In such event there will be no hearing
before the President or his representative.
(e) Notwithstanding the provisions of Section 8(d) above, an
employee who has been demoted, suspended for cause or
suspended for investigation, instead of following such procedure,
may, with the consent of his local union, process a
grievance concerning such demotion, suspension for cause
or suspension for investigation in accordance with the provisions
of Article III, Section ; except that if such a grievance is
referred to arbitration by the Executive Board of the Michigan
State Utility Workers Council, it will be treated in accordance
with the arbitration provisions of this Article III, Section 8 and
the written notification of the decision of the Company after final
conference will be treated as the decision of the President
or his representative for purposes of Article III, Section 8(f).
(f) If no settlement of the grievance can be obtained by the
method set forth in Section 8(d) or (e) above, the Union
(through the Executive Board of the Michigan State Utility
Workers Council) may, within one month of the date of mailing
of the decision of the President or his representative, no-
tify the Company in writing that arbitration of the grievance is
desired. If such notice is not received by the Company within
that period of time, it will be understood that the grievance no
longer exists. The case will be submitted to the Chairman
of the Arbitration Board, selected in accordance with Section
8(g) below, within ten days following receipt of such written
notification or within 0 days if the Executive Board of
the Michigan State Utility Workers Council has submitted a
request for arbitration at the time the grievance is submitted.
During such 0- or 0-day period, whichever is applicable, each
party shall appoint one representative to act as its arbitrator
and shall notify the other party in writing of such appointment.
Hearings will be held as soon as possible on dates selected by
the Chairman of the Arbitration Board after consultation with the
parties.
The Arbitration Board, consisting of the Chairman and two
members appointed as herein provided, shall hear the evidence
and render its decision thereon within 0 days from the close of
hearings, unless the time is extended by the Arbitration Board for
an additional time agreeable to the parties, and the majority decision
of the Arbitration Board shall be final and binding upon both
parties and upon all persons affected thereby. If the Arbitration
Board sustains the grievance in whole or in part, the employee
or employees involved shall sustain no loss of contract benefits
other than loss of pay, and as to loss of pay the Arbitration Board
shall be free to make such decision as it shall deem justified
under the circumstances.
(g) The Chairman of the Arbitration Board shall be appointed
by the parties to be Chairman of the Arbitration Board for all
cases which arise under this Section. He shall hear all cases
pending under this Agreement at the time of his appointment,
for which no other arbitrator has been selected by agreement
of the parties, and all cases submitted to him during the term
of his appointment and prior to receipt of notice of termination
of his services. The Chairman shall serve for the duration of
this Agreement except that either the Executive Board of the
Michigan State Utility Workers Council or the Company may
terminate his services at any time upon written notice to the
other party and to the Chairman. Vacancies in the office of
Chairman will be filled by agreement between the Executive
Board of the Michigan State Utility Workers Council and
the Company. However, if the parties are unable to agree
within 0 days after a vacancy occurs, the Chairman will be
separately selected for each case in accordance with the
then existing rules of the American Arbitration Association.
In such event the parties shall submit each case to the
American Arbitration Association within ten days after the expiration
of the foregoing 0 days, or 0 days after receipt by
the Company of notice that arbitration is desired, whichever
is later.
(h) The compensation and expenses of the Chairman, if any,
and the incidental arbitration expenses shall be borne equally
by the parties. Hearings will be held in Jackson, Michigan,
except that the parties may agree upon a different meeting
place. However, the Company may designate the place of
hearing within the State of Michigan by bearing the expense
of such meeting place and the expenses incurred by the
Chairman for meals, lodging and travel while attending the
place of hearing so designated by the Company.
Section 9. If the Company discharges a probationary employee
within the first 90 days of his probationary period, it will advise
the Local Union President of the circumstances which led to
the discharge by the end of the next workday of the affected
employee. The discharged employee may, within five days of
his discharge, file a written request through the Local Union
President, for a hearing before the Field Manager, Plant Manager
or General Office department head, or someone delegated by
such Company representative. If a probationary employee is
discharged after 90 days, the discharged employee may, within
five days of his discharge, file a written request through the Local
Union President, for a hearing before a Company representative
that is not from the same headquarters as the discharged
probationary employee, such as a Field Manager, Plant Manager,
or General Office department head, or someone delegated by
such Company representative. It is recognized by both parties
that such grievance should be processed at the earliest possible
time and take precedence over grievances of a different nature.
A maximum of three authorized local union representatives,
designated by the local union through its President, shall suffer
no loss of their straight-time pay while attending such a hearing,
providing attendance does not require either of such employees
to leave the municipality in which he works or its immediate
surrounding vicinity. Further, if the attendance at such hearing
does not require the Local Union President to leave the jurisdiction
of the local union, he shall suffer no loss of his straight-time
pay. Neither shall the Local Union President suffer any loss of
his straight-time pay if such hearing is held outside of his local
union jurisdiction if the discharged probationary employee is a
member of his local union. Action by the Company representative
or his delegate shall not be subject to dispute by the Union or
to arbitration. The provisions of this Section 9 shall not apply to
any probationary employee that is released by a Joint Apprentice
or Certification/Training Committee from such apprentice or certification/
training program.
Section 0. It is understood that the number of days used as the
length of time allowable in Articles III and IV are exclusive of
Saturdays, Sundays and holidays.
Section . The Executive Board of the Michigan State Utility
Workers Council shall furnish the Company’s Labor Relations
Department a description of the presently existing jurisdictions of
the Local Union Presidents.
Section . For the duration of this Agreement, the President of the
Michigan State Utility Workers Council and the Director of Labor
Relations, in an effort to improve the operation of the Grievance
Procedure, by mutual agreement in writing, may make trial
changes in the Grievance Procedure. Such changes will have
the effect of amending the Grievance Procedure provisions of
this Agreement during the time such changes are in effect. The
Company or the Union may terminate any such trial changes
through written notice of such termination effective upon receipt
of such notice by the other party. Such termination will not affect
the validity of anything which occurs as a result of the trial
procedure during the period it is in effect.
ARTICLE IV
Arbitration
Section . Except as provided in Article III, Section 8 or 9, if any
grievance or grievances cannot be settled under the provisions
of Article III hereof, either the Company or the Union (through the
Executive Board of the Michigan State Utility Workers Council)
may, within the time permitted by Section 7 thereof, give the
other notice that arbitration of such grievance or grievances is
desired.
(a) Within 0 days following receipt of such written notification,
the Executive Board of the Michigan State Utility Workers
Council or the Company shall submit the grievance or grievances
to the Chairman of the Arbitration Board appointed
by the parties. During such period, each party shall appoint
one representative for each grievance to act as its arbitrator
and shall notify the other party in writing of such appointment.
Arbitration Boards, consisting of the Chairman and
two other members, selected as hereinabove provided, shall
hear all cases pending under this Agreement at the time
of the Chairman’s appointment, for which no other arbitrator
has been selected by agreement of the parties, and all
cases submitted to the Chairman during the term of his
appointment. The Chairman shall serve for the duration of
this Agreement except that either the Executive Board of the
Michigan State Utility Workers Council or the Company may
terminate his services at any time upon written notice to the
other party and to the Chairman. In such event Arbitration
Boards chaired by the Chairman shall render decisions in
only those cases upon which hearings have begun prior to
receipt of notification of termination of the Chairman’s services.
Vacancies in the office of Chairman will be filled by
agreement between the Executive Board of the Michigan
State Utility Workers Council and the Company. However, if
the parties are unable to agree within 0 days after a vacancy
occurs, an arbitrator will be separately selected for each case
in accordance with the then existing rules of the American
Arbitration Association. In such event the parties will submit
each grievance to the American Arbitration Association within
ten days after expiration of the foregoing 0 days, or 0 days
after receipt by the Company of notice that arbitration is desired,
whichever is later.
(b) The Arbitration Board, consisting of three members, shall
hear the evidence in the case submitted and render its decision
thereon within 0 days from the close of hearings, unless
the time is extended by the Arbitration Board for an additional
time agreeable to the parties but not to exceed ten additional
days and the majority decision of the Arbitration Board shall
be final and binding upon both parties and upon all persons
affected thereby.
Section . No Arbitration Board shall have the power to change any
of the provisions of this Agreement.
Section 3. Except as provided in this Agreement, the arbitration and
the arbitration hearings will be conducted in accordance with
the then existing rules of the American Arbitration Association to
the extent such rules are applicable. Each of the parties hereto
shall bear the expense of preparing and presenting its own
case and the expense of its own arbitrator. The compensation
and expenses of the Chairman or third arbitrator, if any, and the
incidental arbitration expenses shall be borne equally by the parties.
Hearings will be held in Jackson, Michigan, except that the
parties may agree upon a different meeting place. However, the
Company may designate the place of hearing within the State of
Michigan by bearing:
ARTICLE IV
(a) The expense of such meeting place.
(b) The expenses incurred by the Chairman, Alternate Chairman,
or third arbitrator as the case may be, for meals, lodging and
travel while attending the place of hearing so designated by
the Company.
(c) The amount by which the reasonable expenses for meals,
lodging and travel of members of the Executive Board of the
Michigan State Utility Workers Council attending such a hearing
exceed the expenses which would have been reasonably
incurred by them for such purposes if the hearing had been
held in Jackson, Michigan.
Section 4.
(a) By agreement the parties may appoint up to two “Alternate
Chairmen” of the Arbitration Board. An Alternate Chairman
so appointed will serve for the duration of this Agreement
except that either the Executive Board of the Michigan State
Utility Workers Council or the Company may terminate his
services at any time upon written notice to the other party
and to the Alternate Chairman. In the event a party terminates
the services of an Alternate Chairman, Arbitration Boards upon
which he has been designated to sit will render decisions in
only those cases upon which hearings have begun prior to
receipt of notification of termination of his services. However,
termination of the services of the Chairman will not affect the
power to decide a case of a Board of Arbitration for which an
Alternate Chairman has been designated by the Chairman prior
to notification to the Chairman of termination of his services.
(b) The Chairman may, by notifying the parties in writing, designate
one of the Alternate Chairmen to serve as Chairman of the
Arbitration Board for any case submitted to him unless both
parties object. The majority decision of such an Arbitration
Board will have the same binding effect as the majority decision
of an Arbitration Board chaired by the Chairman.
Section 5. The parties, by agreement, may choose to utilize some
procedure other than that set forth in this Agreement for a specific
case or cases. In such event any procedure agreed upon by the
parties in writing for such case or cases will prevail
ARTICLE V
Rights and Responsibilities
of the Management
Section . It is agreed that the management of the Company, the
supervision of all operations, the control of the property, and the
composition, assignment, direction and determination of the size
of the work force belong to and are vested in the Company, except
as they may be otherwise specifically limited in this Agreement.
ARTICLE VI
Layoffs
Section . All regular employees will receive full-time employment,
provided they report for duty on their assigned schedules, in accordance
with the terms and conditions of this Agreement, and
are in condition to perform their work. This Section is not to be interpreted
as meaning, however, that the Company does not have
the right to lay off or release employees at any time on account of
lack of work, or for other valid reasons, with reasonable advance
notice. It is, therefore, agreed that regular full-time employees
may be laid off or released at any time, on not less than two
weeks’ or ten workdays’ notice. The Company will notify the Local
Union President as to the approximate date of contemplated layoffs.
It is also agreed that employees shall give the Company at least one
week’s or five workdays’ notice before quitting their jobs.
ARTICLE VII
Seniority
Section . Seniority, as used herein, is defined as the right accruing
to employees through length of service which entitles them to
preference in layoffs, rehiring and promotions, as provided for in
this Agreement. The seniority status of each present employee
shall be that which has been established by the rules which have
been in effect prior to the execution of this Agreement, and as
shown on seniority lists posted from time to time on the Company’s
bulletin boards. It shall hereafter accrue and be applied in
the manner provided for in this Article.
Section . The term “occupational group” as used herein, is defined
as meaning all employees who are engaged in definitely similar
occupations and who are regularly assigned to the same plant,
substation or other local operating headquarters of the Company,
as more specifically set forth in Exhibit A hereof.
Section 3. Seniority lists setting forth the seniority status, bargaining
unit continuous service, and job classification of all employees in
ARTICLE V, VI,
each occupational group covered by this Agreement shall be posted
by the Company in places accessible to all affected employees
reporting to each local operating headquarters. Such lists will be
furnished to the Local Union President as soon as practicable after
the date of posting. Said lists shall be posted within the months
of January, April, July, and October and remain so posted and be
brought up to date at intervals of three months each.
Section 4. All new employees will be considered probationary
until they accumulate 80 days of continuous service and the
Company shall have the exclusive right to transfer or discharge
them at any time during this period of probationary service.
Unless otherwise specifically limited in this Agreement, however,
probationary employees shall receive all the benefits accruing to
regular employees only upon accumulating 90 days of continuous
service in their position. Upon completion of such probationary
service, each new employee shall be added to the seniority list
of the occupational group to which he is then assigned, as of his
first day of employment. When two or more employees are hired
or transferred on the same day and have equal seniority in the
occupational group to which they are assigned, the seniority of
each for purposes of promotion or release for lack of work shall
be determined by the last four digits of the employee’s Social
Security number, with the highest number prevailing. Likewise,
when two or more employees are hired on the same day and
have the same bargaining unit continuous service date, the
last four digits of the employee’s Social Security number, with
the highest number prevailing, shall be used for the purposes of
releasing such employees for lack of work or determining other
rights based upon bargaining unit continuous service. Persons
employed from time to time for specific temporary jobs, (ie, other
than those included in Exhibit “A”), and for less than six months
on each occasion, will not acquire seniority rights, even though
they may work a total of more than six months for the Company.
Section 5. As long as an employee is assigned to an occupational
group, his seniority will accrue in that group.
(a) If he is transferred to another occupational group within Energy
Supply or within Energy Distribution, whichever is applicable,
his seniority shall be governed by the following rules:
( ) He shall continue to accrue seniority in the occupational
group from which he is transferred for a period of six
months. If he is transferred as a result of the application
of the provisions of Article VII, Section 9, he will be
considered to have been transferred on the last date of
the posting.
( ) At the end of the six-month period, he shall accrue
seniority in his new occupational group effective as of
the date of his transfer from his former occupational
group. If, however, he had established seniority in his
former occupational group at the time of his transfer, his
seniority in his new occupational group shall accrue as of
three months prior to the date of his transfer. This three
months’ preferential seniority can only be exercised in
this occupational group.
(3) He shall retain seniority in a former occupational group
until his accrued seniority in his new occupational group,
excluding the three months’ preferential seniority described
in Subsection , equals the seniority he had in
his former occupational group, or he has been out of a
former occupational group for a period of time equal to
his seniority in that group, at which time all of his seniority
in that former occupational group shall be cancelled.
(4) When a new occupational group is established, an employee
with seniority in any occupational group who is
transferred into the new group within the first six months
of the new group’s existence will be given seniority (in
the new job title assigned) in the new occupational group
equivalent to that which he had accrued in the group from
which he is transferred.
(5) If two or more occupational groups are combined (or
integrated) by the Company into one occupational
group, each affected employee will be given seniority
in the new occupational group equivalent to that which
he had acquired in the occupational group to which he
was assigned immediately preceding the combination (or
integration), plus any seniority he had acquired in any
other occupational group being combined (or integrated)
into the new occupational group.
(b) If he is transferred to another occupational group except as
provided in Subsection (a), his seniority shall be governed by
the following rules:
( ) He shall continue to accrue seniority in the occupational
group from which he is transferred for a period of three
months. If he is transferred as a result of the application
of the provisions of Article VII, Section 9, he will be
considered to have been transferred on the last date of
the posting.
ARTICLE VII
( ) At the end of the three-month period, his seniority in his
former occupational group(s) shall be cancelled and he
shall accrue seniority in his new occupational group effective
as of the date of transfer from his former occupational
group. If, however, he had established seniority in
his former occupational group at the time of his transfer,
his seniority in his new occupational group shall accrue
as of three months prior to the date of his transfer. This
three months’ preferential seniority can only be exercised
in this occupational group.
(3) When a new occupational group is established, an employee
with seniority in any occupational group who is
transferred into the new group within the first six months
of the new group’s existence will be given seniority (in
the new job title assigned) in the new occupational group
equivalent to that which he had accrued in the group from
which he is transferred.
Section . When an employee is temporarily transferred from the
occupational group in which he is regularly employed to another
location in the Company’s property, his seniority will continue to
accumulate in his regular occupational group while he is temporarily
working elsewhere.
Section 7.
(a) The Company will make promotions within each occupational
group, as described in Article VII, Section , available on a
seniority basis to its employees who possess the general
qualifications applicable to all jobs as well as the special qualifications
and experience established in the Job Manual for
the job under consideration. If it should become necessary,
in making a promotion to bypass an employee’s seniority, the
Company shall discuss the matter with authorized local union
representatives in an attempt to arrive at an agreement thereon
before such bypass is made. The seniority provisions of
this Section shall not apply to the filling of temporary vacancies
on a day-to-day basis for less than five days when it is
impractical to do so. Once an employee has been bypassed
(after the required discussion of the matter with authorized
local union representatives), it will not be necessary during
the ensuing year for the Company to discuss the matter with
the local union before bypassing the employee for the same
kind of promotional opportunity, unless an authorized local
union representative has notified the Company in writing that
the employee wishes again to be considered for the job.
(b) An employee may file an application for reassignment to a
specific lower rated job in his present occupational group with
the appropriate Human Resource Representatives. When a
vacancy, excluding a temporary vacancy of less than 90 days,
in such job is filled by the Company, the senior applicant will
be reassigned to the lower rated job provided such reassignment
will not adversely affect the ability of the Company to
meet the needs of the service and such employee possesses
the general qualifications applicable to all jobs as well as the
special qualifications and experience established in the Job
Manual for the job under consideration. If such employee is
reassigned to a lower rated job, he shall be paid the Standard
Rate for such lower rated job. The Company need not grant
such employee any of the rights provided in this Section for
a period of one year from the date of reassignment. Further,
the honoring of such a request by the Company shall not
constitute grounds for a grievance by an employee in a lower
rated job in the occupational group.
(c) An employee promoted in accordance with the provisions of
subsection (a) of this section, may request to return to his
former position at any time during the three month period
starting with the date of his promotion. If the needs of the
service permit, the employee shall be allowed to return to
his former position as soon as practicable without any other
prejudice or other loss of any rights or privileges. Any other
employee affected by the return of such employee likewise
may be required to return to his former position. The rate of
pay for an employee who returns to his former position under
this provision will be the rate received by him at the time of
promotion, adjusted to current rates.
Section 8.
(a) An employee may be promoted or transferred to a supervisory
or other position not covered by this Agreement on a
temporary or other than a temporary basis in increments of
a week and he shall continue to accrue seniority in the occupational
group from which he is promoted or transferred. If
an employee is so promoted or transferred and works more
than 0 daily work periods (excluding full days of sick leave
or vacation) in any twelve month period, the seniority of the
employee shall terminate. If, however, he returns to his former
occupational group before his seniority is terminated, he
shall be reinstated to his former job and the regular rules of
seniority will prevail for employees below him on the seniority
list. During the time such employee is temporarily promoted
or transferred he will not be eligible for any OM&C overtime
(b) Once each month, the appropriate Human Resource
Representative will provide the Local Union President a list
of members of the Bargaining Unit who have been temporarily
promoted or transferred as provided in this Section listing
the number of days each temporarily promoted or transferred
employee has served in the previous month period.
Section 9. The Company may transfer any employee from one
occupational group to a newly created position or vacancy on
its property - provided, however, that no employee shall be so
transferred without his consent. The posting of notice of a newly
created job or vacancy shall be governed by the following rules:
(a) Except as provided in Subsection (d), when the Company fills
a newly created job or vacancy, notice of such job or vacancy
shall be posted on the same day on all bulletin boards or by
other methods acceptable to the Company and the Union in
the Energy Distribution territory and Energy Supply territories
except:
( ) A newly created job or vacancy may be posted only in
the headquarters in which it exists. In such event, if the
newly created job or vacancy is not filled from within that
headquarters, it will be posted as provided above.
( ) In the case of major additions to the operating force of
any plant, only in other plants where employees are engaged
in similar work.
(b) For purposes of this Article employees of General Office departments
and Gas T&S shall be considered as though they
are in fact part of the Energy Distribution territory in which
their headquarters are located. In addition, a Gas T&S headquarters
residing within an Energy Distribution headquarters will
be considered part of the Energy Distribution headquarters for
purposes of this section.
(c) A newly created job or vacancy will be filled according to the
provisions of Subsection (f) from eligible applicants in the following
sequence:
( ) Energy Distribution territory job postings: first, applicants
from the headquarters in which the job exists; and second,
all other applicants.
( ) Energy Supply job postings: first, applicants from the
headquarters in which the job exists; and second, all
other applicants.
(d) A newly created job or vacancy need not be posted:
( ) If it is a hiring-in job, ie, a job not requiring prior experience
as indicated in the Job Manual, or
( ) If the provisions of this Section are waived by agreement
between the Company and the affected local union
through its President in order to expedite the placement
of employees described in Article XV, Section , or
3.
(3) If it is a temporary vacancy of less than 90 days in the job
of Meter Reader.
(4) If it is a vacancy to be filled in accordance with Article VII,
Section 7.
(e) A copy of the notice that a vacancy exists shall be sent to the
appropriate Local Union President at the time the job is posted.
(f) Such notice shall remain posted for seven days, excluding the
first day it is posted, before the job is filled and the Company
will whenever possible fill such job from present employees,
giving consideration to qualifications for the job and length of
continuous service. For purposes of this Section:
( ) Experience gained by an employee while filling a job temporarily
pursuant to Article VII, Section 9(d)(3), or Article
VII, Section 9, shall not be considered when filling that
job under this Subsection.
( ) Continuous service shall be limited to that portion of continuous
service the employee has accrued as a member
of the Bargaining Unit.
(g) The Company will not consider a request for transfer from
an employee who has not submitted his request for transfer
in writing to the Company on or before the seventh day the
job is posted, excluding the first day it is posted. If two or
more openings are filled on the basis of the same posting, the
employees selected will be deemed to have transferred, for
seniority purposes, in descending order of continuous service
in accordance with the provisions of Subsection (c) of this
Section without regard to the actual date that they begin work
in their new occupational group.
(h) Only the following employees are eligible to apply for a posted job:
( ) An employee assigned to his present occupational group
by virtue of exercising a right contained in Section 9(k),
Section 7(c), (d), (e) or (f) of this Article, or
( ) An employee who has been assigned to his present
occupational group for at least six months, excluding
preferential seniority, or
(3) An employee who has returned to his former job from
a temporary position and the same temporary position
becomes a regular position.
(i) If no employee eligible to apply for a posted job submits timely
application for such job and it is not filled by the Company
within 90 days after the last date of the applicable posting, the
Company will repost the job before it hires a new employee to
fill the job.
(j) Employees may file an application for transfer to any specific
job with the appropriate Human Resource Representative.
Such application will be given consideration when a vacancy
exists.
(k) A released employee who has recall rights under Article VII,
Subsection 7(k), may request consideration for employment
in any posted job that was not available to him at the time he
was released. If the job is not filled by a present employee,
the released employee, if qualified, will be offered the job. If
more than one equally qualified applicant with recall rights
applies, first consideration between such applicants will be
given to the applicant with the most continuous service in the
sequence described in Subsection 9(c) of this Article. If a
released employee receives a job through the exercise of this
provision, he will be considered to have transferred pursuant
to Section 5 of this Article and any rights which he may have
had under Subsection 7(j) of this Article will be terminated.
(l) An employee who is selected for transfer to a posted job
shall be transferred to such job within 30 calendar days of
the employee’s selection by the Company if the needs of the
service will permit.
Section 0. In the event an employee chooses not to accept promotion
or transfer, as above provided, it shall have no effect upon his
future opportunities for promotion or transfer. Likewise, should an
employee be promoted or transferred and he proves incapable of
holding such position, or requests to return to his former position
within three months following such promotion or transfer, he shall
be allowed to return to his former position without any other prejudice
or other loss of any rights or privileges, except that he will
be ineligible to apply under Article VII, Section 9(h)( ) for another
posted job for a period of six months commencing with the date
of promotion or transfer. For purposes of computing the three
or six month period, the date of such promotion or transfer shall
be the first regular daily work period he is scheduled to work in
his new occupational group. Any other employee affected by the
return of such employee likewise may be required to return to his
former position. The rate of pay for an employee who returns to
his former position under this provision will be the rate received by
him at the time of promotion or transfer, adjusted to current rates.
Section . Any employee who may be called upon to transact business
for the Union, which business requires his temporary (not
exceeding 30 days in each instance) absence from duty with the
Company, shall upon twenty-four hours’ notice and permission
from the proper representative of the Company, be allowed to be
absent from duty without pay, but without the loss of any seniority
rights, for sufficient time to transact such business.
Section . An employee who may be elected or appointed to an
office in the Union, which election or appointment requires his
absence from duty with the Company for an extended period,
shall be granted a leave of absence without pay. Likewise, an
employee who may be elected or appointed to a political office
which requires his absence from duty with the Company for an
extended period shall be granted a leave of absence without pay
unless in the sole judgment of the Company the responsibilities
of the office to which he is elected or appointed include a possible
conflict of interest with his employment with the Company.
Should he be reelected or reappointed to the same political office,
or be elected or appointed to a different political office for
an ensuing term, his leave of absence and his employment with
the Company shall be terminated as of the date his new term
begins. An employee who engages in political activity shall do so
as a private citizen and not as a representative of the Company
and no campaigning for political office shall be done on Company
property or during his working hours. Upon termination of a leave
of absence for Union business or political office described in this
Section, if the employee is physically qualified and he decides to
return to work, he shall be reinstated in his former job including all of
his continuous service and seniority rights cumulative to the time of
returning to the Company. In such event the regular rules of seniority
will prevail for those men below him on the seniority list.
ARTICLE VII
Section 3. (App. Ltr. 5) A temporary leave of absence is an excused
absence from work without pay and for a period of not more than
30 days in any calendar year, except absences occasioned by
illness or accident. A temporary leave may be granted by the
employee’s immediate supervisor, or department head, with or
without a written confirmation, and provided he can be spared
from duty. Such leave need not be reported or reflected in the
employee’s service record beyond the extent necessary to determine
the amount of his paychecks. Such leave of absence
may be extended, without the accumulation of seniority during
such extended period, for a total absence of not more than six
months, with the written approval of the Area Manager, Plant
Superintendent, or General Office department head. While on
such leave of absence an employee shall not be deemed to have
forfeited his accumulated seniority rights, provided that, upon his
return to work, he is physically qualified to perform his former duties.
If such an employee remains away for more than six months,
or if he accepts other employment during such leave of absence
without the specific sanction of the Company, his employment
with the Company shall be deemed to have terminated.
Section 4. Any employee with seniority who is injured while on
duty shall continue to accumulate seniority during his absence
on account thereof and shall be reinstated, upon recovery, to
his former position with full seniority rights, provided he is then
physically qualified to return to such position. This shall also
apply to any employee who may become incapacitated by illness,
or by accident while off duty, except that his seniority shall
cease to accumulate when his continuous service is terminated
in accordance with the provisions of Article VII, Section . It
is understood that when such an employee returns to work the
regular rules of seniority will prevail for those below him on the
seniority list.
Section 5. When the Company requires a doctor’s report as to the
physical condition of an employee, in accordance with the provisions
of Sections , 3 and 4 of this Article, such examination
shall be at the expense of the Company and by a doctor on the
Company’s approved list of doctors. If the employee is not satisfied
with the doctor’s determination, he may submit a report from
a medical doctor of his own choosing and at his own expense.
Should a conflict arise and the employee wishes to do so, the
Company doctor and the employee’s doctor shall promptly agree
upon a third medical doctor to submit a report to the Company
and the employee, and the decision of such third party will be binding
on both parties. The expense of the third party shall be shared
equally by the Company and the employee.
ARTICLE VII
Section . As used in this Agreement, the term “continuous service”
means continuous service in the employ of the Company and
shall consist of the entire period of an employee’s employment
or the aggregate of separate periods of employment, except as
otherwise provided in this Section. The following rules will govern
continuous service:
(a) Any time lost from work in excess of 30 days on each occasion
shall be deducted from an employee’s continuous
service, unless:
( ) He is absent from work because of sickness or personal
injury (non-occupational) and he is receiving benefits in accordance
with the provisions of Article XIII, Section or , or
( ) He has completed his probationary period and he is unable
to work as a result of an injury arising out of and in
the course of his employment with the Company and covered
by the Michigan Workers’ Disability Compensation
Act and he is receiving supplemental pay benefits in accordance
with the provisions of Article XIII, Section 3, or
(3) He is on an extended leave of absence in accordance
with the provisions of Subsection (d), or
(4) He is on leave of absence in accordance with the provisions
of Article VII, Section , or
(5) He is on leave of absence to perform military service,
provided he is not a temporary employee, or
( ) He is absent from work on vacation in accordance with
the provisions of Article XII, Sections 7 and 9.
(b) In addition to any other cause for the termination of an employee’s
continuous service, such service shall be terminated by his:
( ) Resignation, or
( ) Discharge, or
(3) Retirement, or
(4) Failure to return to work within the time limits of a leave
of absence, an extended leave of absence or for the
restoration of seniority. (However, during the period that
an employee is unable to work as a result of an injury
arising out of and in the course of his employment with the
Company and he is receiving weekly Workers’ Disability
Compensation payments from the Company because of
that condition, his continuous service will not be terminated
pursuant to the provisions of this Subsection (b)(4)), or
(5) Absence from work for any reason for more than 30 days
on any one occasion and he is a probationary employee.
(c) Termination of continuous service terminates all of an employee’s
rights, except rights, if any, under the Group Insurance
Plans, Pension Plan, or the Employee Stock Ownership
Plan. If an employee’s continuous service is terminated and
the employee is subsequently reemployed by the Company,
the employee will be considered a new employee in all other
respects.
(d) An employee, except a probationary employee, who is unable
to work as a result of a non-occupational sickness or personal
injury shall be granted an extended leave of absence for a
period not to exceed one year from and after the last day
worked or day for which the employee received sick leave
benefits in accordance with the provisions of Article XIII,
Sections and . Likewise, an employee who is unable to
work as a result of an injury arising out of and in the course
of his employment with the Company, and covered by the
Michigan Workers’ Disability Compensation Act, shall be
granted an extended leave of absence for a period not to
exceed one year from and after the last day worked or day
for which the employee received supplemental pay in accordance
with the provisions of Article XIII, Section 3. However,
an extended leave of absence beyond such time, but not
to exceed two years from and after the last day worked or
day for which the employee received sick leave benefits or
supplemental pay, will be authorized by the Company.
Section 7. (App. Ltrs. 5, 4 and 50)
(a) When the Company reduces or otherwise rearranges its
forces, employees shall be released or reduced in rank as
provided in this Section, provided that each employee so
released or reduced can be replaced by a qualified employee
if such replacement is necessary.
(b) When the Company reduces employees in an occupational
group in rank, they shall be reduced in rank in such manner
that the employee with the least seniority in each affected classification
within the occupational group shall be reduced first.
(c) When the Company reduces the number of employees in an
occupational group, the employees shall be released from
the group in such manner that the employee with the least
seniority in the occupational group shall be released first. For
purposes of this Subsection, the Local Union President or a
member of the Executive Board of the Michigan State Utility
Workers Council shall be considered to have the most seniority
in his occupational group. The procedure will be:
( ) An employee who is to be so released and who has
retained seniority in a former occupational group in accordance
with Section 5 of this Article must elect to:
(i) return to his former occupational group, or
(ii) participate in the remaining benefits of this Section
7(c).
If an employee fails to return to a former occupational
group in which a job would have been available to him by
so doing, his seniority in the former occupational group
shall terminate.
( ) The names of the employees who are to be released
from an occupational group will be placed in a placement
group together with the names of all other employees
who are to be released from their occupational groups
within the local operating headquarters at the same time
or who are to be released because of the exercise of
rights provided in Subsection (c)( )(i) of this Section by
another employee.
(3) A job list for the local operating headquarters will be
prepared by listing every job vacancy and every job held
by a probationary employee in the headquarters. In addition,
the jobs of those employees in the local operating
headquarters with less continuous service than the employee
in the placement group with the most continuous
service, will be added to the job list. Employees, other
than probationary employees, whose jobs are listed on
the job list and who are not already in the placement
group will be added to the placement group.
(4) Prior to the time for release employees whose names
appear in the placement group, in order of continuous
service with the employee with the most continuous service
choosing first, will be given an opportunity to choose
a job from the job list effective at the time for release
such job is not being eliminated by the layoff, and subject
to the conditions contained in Section 7(g) of this Article. If
an employee’s regular job remains on the job list at the time
of his choice he will be retained in that job and will have
no other choice or rights under this Section. An employee
in the placement group may elect to be released without
Separation Allowance rather than exercise his rights under
this Subsection (c)(4). The Company will furnish each
available employee in the placement group a preliminary
copy of the job list in advance of the time he will be required
by the Company to make a choice from the job list. The
Company may furnish a copy of the job list and require an
affected employee to rank his choices of such jobs, in order
to facilitate operation of this provision.
(5) If the Local Union President or a member of the Executive
Board of the Michigan State Utility Workers Council is
in the placement group, he will be deemed to have a
continuous service date that is one day preceding the
continuous service date of any other employee whose
name appears in the placement group for the purposes of
Subsection (c)(4) only. If both a member of the Executive
Board of the Michigan State Utility Workers Council and
the Local Union President appear in the same placement
group, the member of the Executive Board will be
deemed to have more continuous service than the Local
Union President.
(d) An employee whose name appeared in a placement group
pursuant to Subsection (c) of this Section, and who is unable
to be placed pursuant to that provision so that he is to be
released, may, at the time for release only, subject to the conditions
contained in Subsection (g) of this Section, elect to fill
a vacancy or replace a probationary employee within Energy
Distribution or within Energy Supply, whichever is applicable,
provided that no employee within the local operating headquarters
of the probationary employee or vacancy has elected
to fill such job pursuant to the provisions of this Section. In
the event that more than one employee is eligible to fill such
job or jobs, the employee with the most continuous service
shall have first choice. The Company will furnish each available
employee in the placement group a preliminary copy of
the job list in advance of the time he will be required by the
Company to make a choice from the job list. The Company
may furnish a list of such jobs and require affected employees
to rank their choices of such jobs in order to facilitate
operation of this provision. Except as provided in Subsection
(e) of this Section, if an employee chooses not to accept a
job available to him by exercise of his rights hereunder he
will be considered to have been released for lack of work as
provided in Article XVII and eligible for Separation Allowance,
unless he could have accepted a job without being required to
move to another location pursuant to Article X, Section .
(e) An employee who is in a placement group pursuant to
Subsection (c) of this Section, and whose regular job was
not on the job list at the time of his choice under (c)(4) above,
may apply to be considered to fill a vacancy or replace a probationary
employee anywhere in the Company rather than be
released. Such employee, if selected by the Company, shall
have no other rights under this article or be entitled to separation
allowance. An employee who fills a vacancy or replaces
a probationary employee will not be eligible for Separation
Allowance.
(f) If a local operating headquarters is closed, an employee
regularly assigned to that headquarters may exercise rights
as set forth in this Subsection (f):
( ) If he has retained seniority in a former occupational group
in which a job is available to him, he may elect to return
to his former occupational group or to participate in the
remaining benefits of this Subsection (f). If he elects not
to return to a former occupational group, and a job would
have been available to him by so doing, his seniority in
the former occupational group shall terminate.
( ) The names of the employees who are to be released
from the headquarters will be placed in a special placement
group.
(3) A special job list for such Energy Distribution or Energy
Supply employees, whichever is applicable, will be prepared
by listing
(i) every job vacancy excluding vacancies pursuant to
Subsection (f)(3)(ii), and every job held by a probationary
employee in Energy Distribution or in Energy
Supply, whichever is applicable, or in any other local
operating headquarters within 0 miles of the local
operating headquarters being closed, and
(ii) every job vacancy that is created by the transfer of
jobs from the headquarters being closed to any other
local operating headquarters.
ARTICLE VII
If the number of jobs on the special job list is smaller than
the number of employees whose names appear in the
special placement group, jobs filled by those employees
with the least continuous service in Energy Distribution
or in Energy Supply, whichever is applicable, will be added
to the list until the number of jobs on the job list is equal to
the number of employees in the special placement group.
The names of employees, other than probationary employees,
whose jobs are listed on the special job list will not be
added to the special placement group but will, if their jobs
are filled by employees from the special placement group,
be placed in a placement group within their local operating
headquarters pursuant to Subsection 7(c) of this Section.
(4) Prior to the time for release, employees whose names
appear in the special placement group, in order of continuous
service, with the employee with the most continuous
service choosing first, will be given an opportunity
to choose a job from the special job list effective at the
time for release and subject to the conditions contained
in Section 7(g) of this Article. The Company will furnish
each available employee in the special placement group
a preliminary copy of the special job list in advance of
the time he will be required by the Company to make
a choice from the special job list. The Company may
furnish a copy of the job list and require an affected employee
to rank his choices of such jobs, in order to facilitate
operation of this provision. If an employee’s regular
job title is listed, he must select that job and he will have
no other choice or rights under the Article. No grievance
shall be filed pursuant to Article VII, Sections 7 or 9 or
any other provision of the Agreement because vacancies
are filled accordingly. Except as provided in Subsection
(f)(5) of this Section, if an employee chooses not to accept
a job available to him by exercise of his rights under
this Subsection (f) he will be considered to have been
released for lack of work as provided in Article XVII and
eligible for Separation Allowance, unless he could have
accepted a job without being required to move to another
location pursuant to Article X, Section .
(5) An employee, who is in a special placement group
pursuant to this Subsection (f), and whose regular job
was not on the job list at the time of his choice under
Subsection (f)(4) above, may apply to be considered to
fill a vacancy or replace a probationary employee anywhere
in the Company. Such employee if selected by
the Company shall have no other rights under this article
ARTICLE VII
or be entitled to separation allowance. An employee
who fills a vacancy or replaces a probationary employee
pursuant to this Subsection (f)(5) will not be eligible for
Separation Allowance.
(g) The exercise of rights enumerated in Subsections (c), (d), (e)
and (f) of this Article are subject to the following limitations:
( ) An employee must be qualified to perform the job he is
to fill after a brief period of job orientation, except that
an employee who elects to fill a job in Labor Grade 5 or
below, or as a Meter Reader, if otherwise qualified, must
be qualified to perform the job after receiving the same
training a newly hired employee would receive if he filled
the job.
( ) A replacing employee must have more continuous service
than the employee he is replacing or whose job he elects
to fill. For the purposes of this Section 7 only, continuous
service shall be limited to that portion of continuous
service that the employee has accrued as a member of
the Bargaining Unit. In case of a conflict of rights under
Subsection (c), (d), (e) or (f) of this Section, between two
employees in a placement group or special placement
group, unless the conflict is otherwise specifically resolved
by the language of this Section, the rights of the employee
with the greater continuous service shall prevail.
(3) A job filled by an employee covered by Article XV, Section
3, will not be placed on a job list and such an employee
may not be replaced pursuant to this Section.
(4) An employee who moves from one occupational group to
another shall be considered to have transferred as provided
in Article VII, Section 5, for the purposes of seniority,
except an employee who fills a vacancy or replaces
a probationary employee in a corresponding occupation
shall have seniority in his new occupational group equal
to the seniority he had in the group to which he was assigned
at the time he was released or his headquarters
was closed.
(5) An employee who exercises his rights to fill a vacancy
or replace another employee under Subsection (c), (d),
(e) or (f) of this Section, shall be treated as having been
promoted or as a regularly assigned employee under the
provisions of Article XV, Section , 3 or 0, respectively,
for the purpose of determining his wage rate.
( ) An employee shall be entitled to moving expenses and
board and lodging as provided in Article X, Section ,
only if he is required to move as a result of the exercise
of his rights under Subsection (e) or (f) of this Section.
(7) Except as specifically provided therein, an employee
who exercises or refuses to exercise his rights under
Subsection (c), (d), (e) or (f) of this Section, shall not
be considered as released on account of lack of work
as provided in Article XVII. Nevertheless, the Company
may offer the applicable benefits of Article XVII to such
employee and if the employee accepts, his continuous
service shall be terminated, subject to the provisions of
Subsection (c) of this Article. Article VII, Section 7,
shall not be construed to limit the Company’s right under
Article VI to lay off or release employees at any time on
account of lack of work, or for other valid reasons, with
reasonable advance notice.
(h) For purposes of Subsections (c), (d), (e) and (f) of this Section,
employees of General Office departments and Gas T&S shall
be considered as though they are in fact part of the Energy
Distribution territory in which their headquarters are located.
In the case of Gas T & S headquarters that are located in
Energy Distribution headquarters, those employees shall be
considered as part of the Energy Distribution headquarters
in which they are located, except for purposes of Section
7(f) of this Article, in which case they shall be considered a
separate headquarters.
(i) If two or more occupational groups are combined (or integrated)
by the Company into one occupational group, an
employee who was released because of a reduction or rearrangement
of forces from one of the affected occupational
groups within the six-month period immediately prior to such
combination, shall have the right to exercise the seniority he
had in the occupational group to which he was assigned at
the time of his release, plus any seniority he had acquired
in any other occupational group being combined in the combined
occupational group, provided that he does so within
one month after the date of such combination.
(j) An employee who is filling a job to which he has been transferred
through the exercise of a right set forth in Subsection
(c), (d) or (e) of this Section, will be given one opportunity
to return to any occupational group from which he was so
transferred if a vacancy (or temporary vacancy if he is then
assigned to the same local operating headquarters in which
ARTICLE VII
the vacancy exists) in that group is to be filled and he would
be entitled to be reemployed in that group in accordance with
Subsection 7(k) of this Article if he had been released. If the
employee fails to return to an occupational group when an
opportunity is provided by this Subsection, his seniority in that
former occupational group shall terminate.
(k) If the Company increases the work force of an occupational
group, other than with temporary jobs (subject to Subsection
(j) of this Section), the released employee most recently released
or transferred from the occupational group pursuant to
this Section 7, shall be recalled first, provided he is available
and qualified to perform the work and he is recalled within the
time limits set forth in Section 8 of this Article.
Notice of the Company’s desire to recall an employee shall be
delivered to the employee or be sent to the employee’s last
known address (with a copy to the Local Union President).
The employee must, within 0 days of notification (if notification
is by mail, the date of mailing shall be considered the
date of notification), notify the Company whether he intends
to report for work at the time his services are needed. If the
employee fails to notify the Company or fails to report for
work as above provided or is not recalled within the time limits
of Section 8 of this Article, his continuous service shall be
terminated.
(l) For the duration of this Agreement, the President of the
Michigan State Utility Workers Council and the Director
of Labor Relations may, on a case by case basis, amend
Article VII, Section 7, and, if necessary, other Articles and
Sections of the Agreement in order to achieve more equitable
treatment of employees affected by a Company reorganization
than would otherwise be achieved by strict application of
the provisions of Article VII, Section 7.
Section 8. When an employee is released by the Company for
lack of work or other reason beyond his control, and is later
reemployed, his seniority shall be restored to its status as of
the date he left the service of the Company under the following
conditions:
(a) An employee who has completed more than five years of
continuous service with the Company will have his seniority
restored if he is reemployed within five years.
(b) An employee who has completed at least one but less than
five years of continuous service with the Company will have
his seniority restored if he is reemployed within the time
equivalent to his continuous service.
(c) An employee who has completed less than one year of
continuous service with the Company will have his seniority
restored if he is reemployed within one year.
Section 9. Individuals who have been released and who have
recall rights under Subsection 7(k) of this Article, are eligible
for employment in such temporary vacancies as the Company
may determine exist in jobs listed in Exhibit “A”. Their employment
in such temporary vacancies will be subject to the following
conditions:
(a) Preference among qualified applicants for a temporary job
will be given:
( ) First, to released employees who have been released
from the occupational group in which the temporary job
exists, with preference among such released employees
to be given in the order of release with the most recently
released to have first preference.
( ) Second, to other released employees who have been
released from the headquarters at which the temporary
job exists, in order of continuous service.
(b) The Company will attempt to notify released employees who
have preference under Subsection (a) above of their eligibility
for consideration for such temporary job by telephone. The
Company will provide the local union with the name of any
eligible former employee who could not be reached by telephone.
(c) An applicant will not be considered for such temporary job
unless he gives written notification of his desire to apply for
such temporary job to his Human Resource Representatives
or someone designated by him for the headquarters at which
such job is to be filled. An applicant who received the telephone
notification provided for in Subsection (b) above must
provide such written notification within two days of the date
he was notified by the Company. Other applicants must provide
such written notification within two days of the date the
Company provided the local union with the name or names
of former employees who could not be reached by telephone.
Each applicant shall rank jobs by job title in the sequence in
which he wishes to be considered if more than one job is to
be filled.
(d) An applicant who has received the telephone notification
provided for in Subsection (b) above must be available to
commence work within five days of the date he received the
telephone notification. Other applicants must be available
to commence work within five days of the date the Company
provided the local union with the name or names of former employees
who could not be reached by telephone.
(e) An applicant will not be employed or retained in a temporary
job unless he passes an appropriate Company physical examination.
In the event the complete results of such physical
examination are not available until after the applicant has
commenced work and it is later ascertained that the employee
has not passed the physical examination, the employee will
be released without further recourse to Article VII, Section 7,
or any other provision of this Agreement, but without loss of
his recall rights under Article VII, Subsection 7(k).
(f) Employment in a temporary job will not be construed to be
a recall under the provisions of Article VII, Subsection 7(k),
and an applicant who is employed will not be precluded
from being recalled pursuant to Article VII, Subsection 7(k),
during the time he is employed in the temporary job. Upon
termination of the temporary job the applicant will revert to
his status immediately preceding his selection for a temporary
job, and will have such rights, if any, under Article VII,
Subsection 7(k), as he would have had if he had not been
selected for the temporary job. Employment in the temporary
job will not alter the period of time during which he is eligible
to be recalled.
(g) An applicant employed to fill a temporary job will be released
at the end of the temporary work without further recourse
to Article VII, Section 7, or any other provision of this
Agreement.
(h) An applicant will not be eligible for any Separation Allowance
upon the termination of the temporary job.
(i) An applicant who is employed will be paid the Starting Rate of
the temporary job, except that he may be paid a higher rate in
accordance with the provisions of Article XV, Section 8.
(j) An applicant who is employed will accrue seniority in the occupational
group from which he was released and continuous
service, during the period of temporary work, but the accrual
of continuous service and seniority will not be effective for any
purpose until and unless the applicant is recalled pursuant to
ARTICLE VII
the provisions of Article VII, Subsection 7(k), or otherwise
reemployed in other than a temporary job within the time
limits set forth in Section 8 of this Article.
(k) An applicant who is employed will be eligible for Group Health
Care and Group Life Insurance in accordance with existing
practices.
(l) An applicant who is employed will not be eligible to apply for a
job under Article VII, Section 9, except pursuant to Subsection
(k) of that Section.
(m) An applicant who is employed will be eligible for benefits
pursuant to the provisions of Article XI, Section , during the
period of temporary work.
(n) An applicant who is employed will not be eligible for any paid
absence day under Article XI, Section 3, during the period of
temporary work.
(o) An applicant who is employed will be eligible for benefits under
the provisions of Article XIII, except that payment of such
benefits will terminate no later than the time the temporary job
would have terminated.
(p) An applicant who is employed will be eligible for benefits
under Article XII, only as provided herein:
( ) He shall be eligible for an allowance in lieu of vacation
equal to / of the vacation (for each full month he is
temporarily employed), to the nearest full day, for which
he would have been eligible under Article XII, if, at the
time of his selection for a temporary job, he had been
recalled to other than a temporary job.
( ) The rate of pay used to calculate this allowance will be the
applicant’s regular straight-time rate in his temporary job.
(3) This allowance will be paid upon termination of the
applicant’s temporary job.
(4) Any portion of the vacation for which an employee is
paid an allowance under this Agreement will be deducted
from any vacation benefits to which he may be entitled
under Article XII, if the employee is reemployed during
the same calendar year.
ARTICLE VII
(q) An applicant who is employed will meet his financial obligations
to the Union during the period of temporary work as set
forth in Article II. The Company will deduct from the wages
of those employees who authorize it to do so in writing in the
form agreed to by the Company and the Union, reasonable
weekly dues, uniformly applied, as Union dues for the duration
of the authorization.
(r) An applicant who is employed will not be entitled to employment
in other than a temporary job unless he is reemployed
pursuant to Article VII, Subsection 7(k), or accepted for
transfer pursuant to Subsection 9(j) of this Article.
(s) When the Company plans to fill a temporary job at a headquarters
at which one or more released employee(s) has
rights pursuant to Subsection 7(k) of this Article, it will notify
the Local Union President as to the job, its location and its
expected duration.
Section 0. Any time lost from work in excess of 30 days on each
occasion because of a disciplinary layoff shall be deducted from
an employee’s seniority.
Section . In administering personal leave of absence and sick
leave policies with respect to pregnant employees, the Company
intends to comply with the law. The Company’s current policies
have been submitted to the Union by letter dated June , 99 .
It is recognized, however, that during the term of this Agreement,
the Company may change these policies if it deems it necessary
or desirable to do so in order to bring such policies into conformity
or compliance with law or regulations.
ARTICLE VIII
Notification to Union
Section . The Human Resource Representative will advise the
appropriate Local Union Secretary:
(a) Within 5 days, of the name and address, job title, date
employed, department and reporting headquarters of each
employee added to the payroll (including temporary employees),
(b) The name and address, job title, date released, department
and reporting headquarters of each employee leaving the
Company, and
(c) Once each month those address changes provided to the
Human Resource Representative by employees during the
preceding calendar month.
Further, the Local Union President will be notified in all cases
of employees who, for reasons stated, do not qualify, in the
opinion of the supervisor, for merit increases, as provided for
employees who make normal progress as specified in Article
XV, Section 5.
ARTICLE IX
Use of Bulletin Boards
Section . The local union is granted permission to post notices
concerning Operating, Maintenance and Construction employees
on the regular bulletin boards of the Company and in the space
provided, without prior approval, provided that such notices are
confined to:
(a) Regular notices of meetings as to time, place and agenda.
(b) Notices of elections of officers and the results of elections.
(c) Notices of appointments to office.
Notices may be posted over the signature of an officer of the
local union concerning other than those items specifically described
herein, but only after receiving written approval from
the person in charge of the plant or building in which such
use of the bulletin boards is desired. The Union agrees that
notices posted on the bulletin board shall contain no political,
controversial or any material reflecting upon the integrity of
the Company or any of its employees and the Company may
refuse at any time to permit the posting or may remove any
notice that violates the provisions of this Agreement. A notice
may be posted, if meeting the requirements of this Section,
for a period not to exceed ten days prior to its effective date or
not to exceed the ten days from date of posting. Written permission
shall be in the form of a memorandum or by initials
on a duplicate copy of the notice.
ARTICLE X
General Working Conditions
Section . The Company will not require electric line crews, electric
underground crews and regional maintenance crews to work
on overhead lines and equipment or tree trimming crews to trim
trees during extremely inclement weather unless such work is
required to protect life or property, or to maintain service to the
ARTICLE VIII, IX, & X
public. Under these circumstances the Company may assign
the affected employees to work in keeping with the type of work
ordinarily performed, taking into account the adversity of the
weather, or may have them stand by at headquarters for emergency
work.
Section . When in the judgment of the Company adverse weather
conditions temporarily prevent gas lines crews from working out
of doors, or employees whose work requires them to cut and
thread pipe out of doors, the Company will provide indoor work
for all such regular employees.
Section 3. The provisions of Sections and of this Article are for
the promotion of safety. In the event of disagreement between
supervision and Union representatives as to whether prevailing
weather conditions constitute a hazard to the safety of employees,
the Manager or his equivalent shall determine whether or
not outdoor work will be performed.
Section 4.
(a) Any employee who works or more hours within a 4-hour
period will, whenever possible, be released for a nine-hour
period before he is required to report to work for his next
regular daily work period. If, however, the Company is unable
to release such employee, he shall receive two times
his straight-time rate of pay for all hours worked in excess
of hours until he is released from work for nine hours. If
the employee is released and such nine-hour period extends
into his regular daily work period, he shall suffer no loss of his
straight-time pay for any portion of his regular daily work period
which is within such nine-hour period. If, in the judgment
of the Company, the employee cannot be gainfully employed
during the portion of his regular daily work period remaining
after the expiration of such nine-hour period, such employee
may be excused from work for the remainder of his regular
daily work period without loss of his straight-time pay.
(b) Without limiting the provisions of Section 4(a), if any employee
covered by Article XI, Section 5, , 7, or works
four or more hours, or if an employee covered by Article XI,
Section 3 or 4 works more than four hours, during the eighthour
period immediately preceding his regular daily work
period and on the day in question such regular daily work
period begins between 7 AM and 9 AM ( AM and 8 AM in the
case of employees covered by Article XI, Section 7(b)), he
will, whenever possible, be excused from work during such
regular daily work period without loss of his straight-time pay
for a period of time equal to the time worked during such
eight-hour period. If such employee cannot be excused from
work, he shall be paid two times his straight-time rate of pay
for all hours worked during the period he would otherwise be
excused, and at the expiration of such period he shall be paid
his straight-time rate of pay for all hours worked during the
remainder of his regular daily work period. If, in the judgment
of the Company, the employee cannot be gainfully employed
during the portion of his regular daily work period remaining
after the expiration of the period of excused absence provided
in this Subsection, such employee may be excused from work
for the remainder of his regular daily work period without loss of
his straight-time pay.
(c) If one hour or less of an employee’s regular daily work period
remains after the 9-hour rest period described in Section 4(a)
or after the period of excused absence described in Section
4(b) the employee will be considered to be excused for that
time unless he is contacted by the Company and instructed
to return to work.
(d) No employee will be required to take time off without pay during
his regular daily work period for overtime worked or to be
worked.
Section 5.
(a) When an employee reports at the Company’s request for
work for which arrangements have been made in advance
as distinguished from a call-out and which is outside and not
continuous with his regular work period, he shall be paid a
minimum of two hours’ pay at the applicable overtime rate
for each such work assignment. Such minimum time shall
include travel time to and from the employee’s home to his
reporting headquarters or to the work assignment if asked to
report on the job. Should the time worked, including travel
time, extend beyond two hours, he shall be paid for all the
time involved (including travel time) at the applicable overtime
rate, except that when the time worked plus travel time equals
or exceeds eight hours, the employee will receive either (a)
eight hours of pay or (b) pay for the hours actually worked,
whichever is greater, but in the event the time worked is 8
hours or more and the employee was not instructed prior to
his beginning work that the assignment would be 8 hours or
more he will be paid for his travel time coming in to work. If
he is dispatched to more than one job before being released
from each such call, no extra time will be allowed on that
account. The minimum time and travel allowances provided
for herein do not apply if the overtime work extends into the
employee’s regular work period, nor to overtime work continuing
without interruption after such regular work period. In
such cases the usual overtime provisions (Article XI, Section
4) will prevail. If an employee accepts an assignment for
overtime work which is later cancelled, he shall be paid a
minimum of two hours’ pay as provided in this Section, unless
given notice of the cancellation eight hours previous to the
starting time of the assignment.
(b) When an employee reports at the Company’s request for
work for which he had not been notified in advance and
which is outside and not continuous with his regular work
period, he shall be paid a minimum of two hours’ pay at the
applicable overtime rate for each such work assignment.
Such minimum time shall include travel time to and from the
employee’s home to his reporting headquarters or to the work
assignment if asked to report on the job. Should the time
worked, including travel time, extend beyond two hours, he
shall be paid for all the time involved (including travel time)
at the applicable overtime rate, except that when the time
worked plus travel time equals or exceeds eight hours, the
employee will receive either (a) eight hours of pay or (b) pay
for the hours actually worked, whichever is greater, but in the
event the time worked is 8 hours or more and the employee
was not instructed prior to his beginning work that the assignment
would be 8 hours or more he will be paid for his travel
time coming in to work. If he is dispatched to more than one
job before being released from each such call, no extra time
will be allowed on that account. The minimum time and travel
allowances provided for herein do not apply if the overtime
work extends into the employee’s regular work period, nor to
overtime work continuing without interruption after such regular
work period. In such cases the usual overtime provisions
(Article XI, Section 4) will prevail. If an employee accepts
an assignment for overtime work which is later cancelled, he
shall be paid a minimum of two hours’ pay as provided in this
Section unless given notification of the cancellation before he
leaves his premises.
Section . When an employee (other than a Local Service Worker)
is required to hold himself available for calls outside his regularly
scheduled working hours by remaining at his place of abode or
elsewhere and leaving word with a person designated by the
Company as to where he may be reached, he shall be paid one
hour’s pay per day at his straight-time rate during his workweek
and two hours’ pay per day at his straight-time rate on his first
and second off-duty days, on a holiday, or “his holiday” (if appli-
ARTICLE X
cable) for being available. The Company will determine the classification
from which it desires to have an employee make himself
available for such calls. An employee of such classification shall
be required to hold himself available for periods of up to a week,
for such calls based on his position on the then posted overtime
list, unless some other procedure is agreed upon between the local
union and the Company. Such employee may not be required
to hold himself available for more than one week in any four week
period. In case he is called out he shall be paid, in addition to
the on-call allowance provided for in this Section, a minimum of
two hours’ pay at the applicable overtime rate for each such call.
If, however, he is dispatched to more than one job before being
released from each such call, no extra time will be allowed on that
account. The on-call employee may be assigned such calls without
regard to his position on the then posted overtime list. If he is called
out, he will be charged for distribution of overtime purposes the
number of hours paid converted to straight-time hours.
Section 7. (App. Ltr. )
(a) Except as provided in subsection (b) below, the regular
daily work period for employees who are required to report
to service buildings, storerooms and other such regularly
established headquarters, and who are transported by the
Company from such headquarters to outside job sites, shall
include travel time from the headquarters to the job site
and return. Unless otherwise permitted or required by the
Company, each employee shall report and return to headquarters
each day.
(b) An Energy Distribution employee may be required to report
directly to outside job sites utilizing personal transportation
and in such cases no mileage will be paid and the regular daily
work period will not include travel time to and from the job
site. The regular daily work period for such employees may
consist of eight or ten consecutive hours, excluding the time
taken out for meals. If such employees are assigned a regular
daily work period of ten consecutive hours, the workweek
shall consist of four consecutive daily scheduled work periods
in seven consecutive days commencing at midnight Sunday
with Monday or Tuesday as the first daily scheduled work
period; such employees may be reassigned to five eight-hour
day schedules at the end of any workweek. An employee
required to report directly to the job site will be paid mileage
daily, excluding the first 0 miles to and from his headquarters,
if the distance from the employee’s headquarters to the
job site is between 0 and 0 miles. If such distance exceeds
0 miles and the Company determines that it is necessary for
the employee to remain away from home overnight, the employee
will be given the options provided for in Appendix 7.
The employee will be compensated for travel time to and from
his headquarters once each weekend and mileage, excluding
the first 0 miles to and from his headquarters will be paid on
each of these two days. However, if such distance exceeds
0 miles and the Company determines that it is not necessary
for the employee to remain away from home overnight, the
employee will be compensated for travel time to and from his
headquarters and mileage, excluding the first 0 miles to and
from his headquarters, will be paid.
(c) The Company will assign job site reporting by seniority and
will seek volunteers from the headquarters selected by the
Company for such assignments; if a sufficient number of
employees possessing the requisite skills and qualifications
do not volunteer for such assignments and the assignments
involve a regular daily work period of ten consecutive hours,
the qualified available employees with the least seniority will
be so assigned.
The provisions of this Section will apply whenever an employee
is required to report directly to an outside job site(s),
notwithstanding anything to the contrary in any other provision
or Appendix Letter of this Agreement.
The President of the Executive Board of the Michigan State
Utility Workers Council and the Company’s Director of Labor
Relations may change the provisions of this Section at any
time by written mutual agreement.
Section 8. The headquarters of an employee engaged in electric or
gas plant and substation construction, in major gas transmission
or distribution main projects, or in other work of a similar nature,
shall be the particular job on which he is working, and the regular
daily work period shall include no traveling time. When the headquarters
of the employee is changed at the Company’s request,
the Company will, upon approval of his immediate supervisor,
pay his necessary traveling expenses to the new location and his
board and lodging at such new location. Travel time (but no additional
expense, except that a meal allowance will be provided
when the one way travel time is two hours or more on overtime)
to and from his home will be allowed each employee once each
weekend, if he can be spared from work.
If a holiday as described in Article XI, Section , occurs during
such an employee’s regular workweek and the employee is
assigned to work at the new location both before and after the
ARTICLE X
holiday during that workweek, the holiday will be considered a
weekend for purposes of this Section. In addition, if the Company
does not furnish such employee transportation to and from his
home on each weekend, the employee shall be paid mileage to
and from his home, if he travels in a vehicle furnished by himself.
In the event such employee wishes to return to his home instead
of remaining away overnight and the Company approves, the
Company will allow him $ 7.00 per day in lieu of board and lodging.
The Company may, at its discretion, establish permanent
headquarters for certain employees described herein and in such
event, the affected employees will be governed by the provisions
of Section of this Article.
Section 9. (App. Ltrs. and 7) When an employee (other than those
referred to in Section 8) regularly stationed at one location is temporarily
assigned to duties at another location, which assignment
makes it necessary for him to remain away from home overnight,
or to purchase meals, lodging, transportation, etc, such necessary
expenses will be paid by the Company, upon the approval of
his immediate supervisor. The Company will provide an expense
advance to pay such expenses. Each employee so affected shall
also, when possible, be notified of such assignment before being
released from work on the previous day. Each employee so assigned
temporarily to another location will be allowed travel time
to and from his headquarters once each weekend, if he can be
spared from work. If a holiday as described in Article XI, Section
occurs during such an employee’s regular workweek and the
employee is assigned to work at the temporary location both
before and after the holiday during that workweek, the holiday
will be considered a weekend for purposes of this Section. In
addition, if the Company does not furnish the employee transportation
to and from his headquarters on each weekend, the
employee shall be paid mileage to and from his headquarters,
if he travels in a vehicle furnished by himself. In the event any
of the employees referred to in this Section may wish to return
to their homes at their own expense instead of remaining away
overnight, and the Company approves, the Company will allow
them $ 7.00 per day in lieu of board and lodging.
If such assignment is made in accordance with the provisions of
Article XV, Section 5 of this Agreement and it is known by the
Company at the time of the assignment that it is to be of five or
more consecutive regular daily work periods, qualified volunteers
will be assigned such duties. In the event insufficient volunteers
are obtained, the qualified available employees with the least
seniority will be so assigned.
ARTICLE X
Section 0. (App. Ltrs. and 3 )
(a) The employees referred to in this Agreement may be required
to carry their lunch, including such additional days as may be
scheduled beyond their normal workweek. When this requirement
is imposed, the immediate supervisor will provide a suitable
place in which to store and eat their lunch during rainy or
excessively cold weather. During such rainy or excessively
cold weather, employees may at their option leave the jobsite
and use Company-owned transportation equipment normally
furnished in connection with the work to travel on their own
time to and from the nearest suitable shelter in which to eat
their lunch, provided that such lunch period doesn’t exceed
one hour. When employees are required to carry their lunch
the Company will provide eight hours’ work or pay at the applicable
rate in lieu of any portion of the time for which work is
not provided.
(b) An employee shall not be required to carry his/her lunch
when less than a regular day’s work is scheduled. In such
event if the work continues until the regular lunch period the
employees will accrue a meal allowance of $ 0.00.
(c) If an employee is required to work one hour or more immediately
preceding his/her regular starting time (on an off-duty
day the regular starting time shall be the starting time in effect
during the week) and he is not notified of the assignment
sixteen hours in advance or before the end of the previous
working day, he shall accrue a meal allowance of $ 0.00. In
such event the employee shall not be required to carry his
lunch and if the work continues until his regular lunch period,
he will accrue an additional meal allowance of $ 0.00.
(d) If an employee is required to continue working for three hours
after his regular quitting time, he shall accrue a meal allowance
of $ 0.00.
(e) If an employee reports for work within two hours after having
been released for the day and he has not had his regular
meal, he shall accrue a meal allowance of $ 0.00. (For the
purpose of accrual of additional meal allowances, if any, under
Subsection (f), the five-hour interval to which reference is
made in Subsection (f) shall commence three hours after he
was released for the day).
(f) Except as otherwise provided herein, ( ) an employee will
accrue additional meal allowances of $ 0.00 after the first
meal allowance accrual at intervals of five hours; and ( ) if
an employee is called out to work after being released for
the day or called out on an off-duty day, he shall accrue meal
allowances of $ 0.00 at intervals of five hours each, until he
is released from duty.
(g) If an employee who does not normally work away from his
headquarters is required to work out of town and he has not
been notified of such assignment sixteen hours in advance or
before the end of the previous working day, he shall accrue a
meal allowance of $ 0.00.
(h) (App. Ltr. 3 ) If a meal allowance accrues under the conditions
expressed in Subsections (b), (c), (d), (e) and (f) herein,
and the employee requests to be released to obtain a meal,
the immediate supervisor will arrange for reasonable time
away from the job, without pay, for the purpose of obtaining
and eating such meals, when in the opinion of such supervisor,
it will not interfere with the work. However, if an employee
covered by Article XI, Section 3, who is eligible for a
meal allowance is not permitted to leave his job to obtain and
eat a meal, he shall receive $9.00 and one hour’s pay at the
applicable rate in lieu of such meal allowance.
Section . When the permanent headquarters of any employee is
changed, the Company shall pay the necessary moving expenses
of the employee and his family if any (a) when the Company
requests him to take a job which requires his moving to another
location, or (b) when he exercises his rights under Article VII,
Section 7. In the event it is impossible to give such an employee
sufficient notice of a proposed transfer at Company request to
permit him to arrange in advance for a place to live in the locality
to which he is transferred, he shall be given such board and
lodging allowance as may be agreed to by the affected employee
and the Company. Moving expenses will not be paid when an
employee accepts a job which he applies for, such as a job which
has been posted or when he has requested and accepts a transfer,
or when he returns to his former position in accordance with
Article VII, Section 0.
Section . Where the Company requires an employee to have a
telephone installed in his residence, it shall give such notice in
writing and shall reimburse such employee for the installation
cost thereof, for the regular monthly bill for the class of service
specified by the Company, and for such additional toll charges
as may be authorized by the Company. Telephones listed in
the name of the Company which are installed in an employee’s
residence will likewise be paid for by the Company.
Section 3. (App. Ltr 7, Attachment ) If, at the Company’s request,
an employee agrees to use his automobile on Company business,
he will be paid for the use of his automobile at the rate of
4 cents per mile for the first 5,000 miles and cents per mile
for all subsequent miles in the calendar year except that any of
the first 5,000 miles driven prior to June , 989 will be reimbursed
at 0 cents per mile. If future circumstances warrant, the
President of the Michigan State Utility Workers Council and the
Director of Labor Relations may change either rate to a different
rate, if they mutually agree to do so. If an employee with seniority
no longer wishes to drive his automobile on Company business,
he must give the Company not less than 30 days’ written notice.
Moreover, an employee who gives the Company notice that he
no longer wishes to drive his automobile on Company business
will continue to drive his own automobile until the Company is
able to obtain a vehicle for such employee’s use.
Section 4.
Reserved.
Section 5.
Reserved.
Section . Should it become necessary for a department supervisor
to absent himself and in his judgment it is desirable to delegate
limited supervisory responsibilities to an employee covered by
this Agreement, the person so specifically delegated by written
memorandum shall receive one hour’s extra pay at his regular
straight-time rate for each day he acts in such capacity. Effective
July , 99 , the provisions of this section shall no longer be
applicable, except in the case of such delegation of limited supervisory
responsibilities effective before July , 99 .
Section 7. When a Line Worker or Electrical Repair Worker is
required to work on energized lines or equipment of 00 volts
or more, the Company will have such Line Worker or Electrical
Repair Worker assisted by another Line Worker, Electrical Repair
Worker or other employee covered by this Agreement, having
equal qualifications in such line of work.
Section 8. When a Gas Service Worker or other qualified employee
is required to clean out live gas service entrances or perform other
work of a similar nature in confined locations where gas may be
encountered, the Company will have such employee assisted by
another employee having experience in such line of work.
(a) Where the Company requires employees to wear uniforms, it
shall pay the cost of such uniforms and also pay for cleaning
and pressing such uniforms at reasonable intervals. In addition,
the Company shall furnish the following clothing, which
shall remain the property of the Company and be issued as
required:
( ) Galoshes, rubbers and raincoats for Meter Readers.
( ) Two pairs of special work gloves on each electric line
truck.
(3) Coveralls for use in casing filling, and fluid sealing of
cast-iron pipes.
(4) Gloves for use in unloading creosoted crossarms or steel
pipe from common carriers.
(5) Coveralls in steam plants for use in cleaning air heaters,
cleaning turbine blades by using fly ash, internal
boiler and condenser work, and in performing other tasks
where, in the judgment of the Company, such clothing is
required.
( ) Coveralls for employees in the Overhead Line Group for
use in pulling used greased underground cables from
conduit.
(b) The Company shall provide two pairs of work gloves to each
employee then assigned to the Gas Lines Group at a time
each year to be determined by the Company.
Section 0. The Company shall furnish all necessary safety and
protective equipment, such as hats, coats, boots, gloves, gas
masks, etc, which its safety rules require for the protection of
employees. The parties hereto agree to cooperate in the prevention
of accidents and to comply with reasonable health and safety
rules. When, in the judgment of the Company, it is necessary
or desirable, the Company will repair or replace an employee’s
eyeglasses, denture, hearing aid, or similar device which have
been damaged or broken as result of an accident arising out of
and in the course of his employment.
Section . The Company agrees to furnish all tools that it requires
an employee to use. In consideration of this, an employee will
replace any tool which is lost or broken through his own personal
negligence with a tool of like quality and at his own expense.
An employee may at his option, however, provide his own hand
tools to the extent that the Company determines such tools are
necessary for his work and they will be repaired by the Company
or replaced with those of like quality, if worn out or broken in
the course of his employment. Any broken or worn tools shall
become the property of the Company upon replacement. The
Company will not be required to replace an employee’s personal
tools which show evidence of abuse, or are lost or mislaid.
Section . No employee shall absent himself from work for any
reason other than his personal illness without first making arrangements
therefor with his supervisor. In case of his illness,
he shall make every effort to so inform his supervisor as far as
possible in advance of his usual starting time. Benefits will not
be paid unless the absence is reported to the Company before
the end of the first scheduled workday of such absence unless
evidence is submitted that it was physically impossible to do so.
Section 3. It will be the policy of the Company to maintain a force
of sufficient size to take care of the expected regular work of the
Company of a continuing nature, having in mind that the objective
of the Company is to provide stable, long-term and continuing employment
for its employees. In order to implement this policy, the
Company agrees that it will not, for the duration of this Agreement,
employ outside contractors for the purpose of laying off employees
who ordinarily and customarily do such work. The Company will,
as far as practicable, restrict contractors to the same workweek
as that established for employees under this Agreement. With regard
to overtime work, the Company will, as far as is practicable,
follow the policy of assigning such work to its own employee work
forces rather than those of contractors in those instances where
the effect of such assignment would not adversely affect either the
efficiency or overall cost of doing the job.
Section 4. (App. Ltr. 9) The Company will distribute overtime as
equally as practicable among its employees, taking into account
the nature of the work to be done and the availability of employees
within the occupational group affected, at the time when such
work becomes necessary.
(a) Overtime lists setting forth the accumulated number of overtime
hours earned and charged through the second previous
workweek, converted to the equivalent straight-time hours
shall be posted on or before Wednesday of each week. If a
new list is not available the then posted list will remain posted
until a new list becomes available. Reference will be made to
this list when making overtime work assignments until the next
week’s list is posted. The hours on such lists shall consist of:
all overtime hours worked converted to straight-time hours
and hours charged. Copies of the posted overtime list and
the call-out list will be furnished to the Local Union President.
Hours charged shall be governed by the following rules:
( ) When an employee is asked to work overtime and he
does not make himself available, he will be charged, for
distribution of overtime purposes, with the same number
of hours which the employee who accepts the call is
credited with, converted to straight-time hours, unless
the employee so called furnishes an acceptable excuse
for not responding.
( ) When an employee’s name is added to an occupational
group, in which his name has not previously been included,
the overtime hours he had previously been credited
with will be cancelled and he will be charged with the
highest number of hours posted for an employee in the
same classification.
(3) When the classification of an employee within an occupational
group is changed, the overtime hours he had
previously been credited with will be cancelled and he will
be charged with the highest number of hours posted for
an employee in the same classification.
(4) An employee temporarily promoted to a higher classification
will have all of the overtime hours accumulated
in the higher classification charged against his regular
job. Nevertheless, when an employee who has been
temporarily promoted to Supervisor returns to his regular
classification, he will be charged the highest number of
hours posted for an employee in the same classification.
(5) An employee may submit a written request to the
Company that the number of posted accumulated overtime
hours charged to him be increased to equal the highest
number of hours posted for an employee in the same
classification. Such a request will include future postings
but will be subject to cancellation by the employee, the
local union or the Company, in which event the cancellation
will become effective at the time of the next posting.
Further, each such request is subject to Company approval
and no grievance shall be submitted based on the
application of provisions of this Subsection.
ARTICLE X
(b) Authorized representatives of the local union may have the
privilege of examining the Company’s overtime records once
each month for the purpose of determining whether or not
overtime work is being equitably distributed among eligible
employees.
(c) No grievance shall be submitted if the difference in the accumulated
hours on the then posted list between the employee
who received the assignment and the grieving employee is
fewer than 0 hours, except on prearranged work assignments,
or if the Company acts in an arbitrary or capricious
manner.
Section 5. (App. Ltr. 3) An employee called for Jury service or
subpoenaed to appear as a witness in court, or before any other
body empowered by law to compel attendance of witnesses by
subpoena shall be excused from duty for the time necessary
to allow him to be in attendance as required without loss of his
straight time pay.
Section . If an employee accepts a call to serve as a pallbearer
for a fellow employee, a member of a fellow employee’s immediate
family (as defined in Article XIII, Section 4) or a fellow
annuitant (or the annuitant’s spouse) the Company will permit
the employee to be absent from work on a basic workday without
loss of his straight-time pay for whatever time may be necessary
therefor, but not to exceed one day. The Company will cooperate
with Veterans’ organizations to permit employees to be absent
from work on a basic workday whose services are desired at
military funerals, for a reasonable length of time therefor, without
loss of their straight-time pay if not otherwise reimbursed, but
not to exceed one day in any instance. If a fellow employee
dies, employees assigned to the local operating headquarters
of the deceased employee, up to a total of six such employees,
including those serving as pallbearers, will be allowed to attend
such deceased employee’s funeral without loss of their straighttime
pay for whatever time may be necessary therefor but not to
exceed one day.
ARTICLE XI
Hours of Employment and Overtime
Section . It is recognized that in order to furnish an adequate
and satisfactory public service, it is necessary that many of the
Company’s operations be continuous, that is, around the clock
and seven days a week; necessary that other facilities and services
be made available during hours which extend beyond those
included in the usual workdays, and also for six or seven days per
week; necessary that repairs to equipment and other similar work
be done during periods of light load; and also necessary that other
work be performed at odd times. In view of these conditions,
working schedules for all of the Company’s employees cannot
be uniform or be confined to the Monday to Friday daytime hours
which are normally suitable for other industries, although to the
extent that it is practicable and will not adversely affect either efficiency
or cost it is the desire of the Company to provide employees
two consecutive days off during a workweek. Insofar as its
customers’ requirements will permit, however, the Company will
adjust its hours of employment to those which generally prevail,
and will equalize, as nearly as may be, weekend and night work
among the affected employees, as more specifically provided for
in the following Sections of this Article.
Section . Except as provided in Article X, Section 7(b), the regular
daily work period shall consist of eight consecutive working hours,
excluding the time taken out for meals, and the workweek shall
consist of five daily scheduled work periods in seven consecutive
days, commencing at midnight on Sunday. However, if one of
an employee’s regular daily work periods begins on Sunday and
ends on Monday, his workweek shall commence at the time such
regular daily work period begins. It is agreed that the normal
lunch period may be shifted by one hour in either direction in
order to allow certain work to be performed which, due to circumstances,
cannot conveniently be done during the regularly
established working hours, but if the Company does not shift
such lunch period, any work done during the employee’s regular
lunch period will be paid for at the applicable overtime rate.
Section 3.
(a) The working schedules for employees engaged in certain
occupations in and around electric generating plants, heating
plants, substations, gas plants, gas compressor and regulator
stations, and other such facilities used in supplying a
continuous service (such as operators, ashmen, etc) will be
definitely assigned in advance and will, as required, include
Sundays and holidays as well as all hours of the day and
night. Where such schedules are in force they shall be so
rotated as to equalize, as nearly as may be, Sunday and
night work among the employees involved. The Company
will, where such schedules are in force, give to each qualified
employee, by classification, a choice of schedules based
upon his seniority. No such schedule shall contain more than
five eight-hour periods per week, nor more than one eight hour
work period in any twenty-four hours, except on change
of shifts. If practicable, such schedules will be assigned on a
calendar year basis. Should it become necessary to change
such assigned schedules, employees shall be paid for such
change in schedules in accordance with the provisions of
Section 8 of this Article. These employees are referred to
herein as “shift” employees.
(b) If requested by the local union, the Company may establish
nonrotating working schedules for “shift” employees. Where
such schedules are established, each qualified employee,
by classification, will be given his choice of shifts based on
seniority. Such choice will be made at least two weeks prior
to the time the schedules are established, and, thereafter on
an annual basis, provided the Company continues such non
rotating working schedules. The employee’s choice of shift
will be accommodated insofar as the available openings that
may occur during such year, in his classification on such shift,
will permit. In the event no qualified, available employee in
the classification affected voluntarily accepts such change
of schedule, the assignment will be made to the qualified,
available employee in such classification with the least seniority.
Should it become necessary to otherwise change
such schedules, employees shall be paid for such change in
schedules in accordance with the provisions of Section 8 of
this Article.
In no event shall an employee be paid for a change in schedule
in accordance with the provisions of Section 8 of this
Article if the change in schedule results from the application
of the shift preference provisions of this Subsection.
Section 4. The working schedules for “Combination Relief
Employees” referred to in Article XV, Section , who are engaged
in certain occupations in and around electric generating plants,
heating plants, substations, gas plants, gas compressor and
regulator stations, and other such facilities used in supplying a
continuous service will ordinarily be assigned in advance on a
shift basis, and will, as required, include Sundays and holidays as
well as all hours of the day and night, but such schedules shall be
subject to change at any time, when required to properly maintain
such equipment. However, should it be necessary to change such
schedules, employees shall be paid for such change in schedules
in accordance with the provisions of Section 8 of this Article.
Section 5. The working schedules for employees engaged in the
maintenance and repair of equipment in generating stations,
steam heating plants, substations, gas plants, gas compressor
and regulator stations, and other such facilities used in supply-
ARTICLE XI
ing a continuous service (such as electric and mechanical repair
workers, general repair workers, maintenance workers, machinists,
etc), will ordinarily be assigned in advance on a daytime,
weekday basis, but such schedules shall be subject to change
at any time, when required to properly maintain such equipment.
However, should it become necessary to change such schedules,
employees shall be paid for such change in schedules in
accordance with the provisions of Section 8 of this Article.
Section . The working schedules for employees engaged in the
receiving and storing of coal in generating stations will ordinarily
be assigned in advance on a daytime basis which may include
Sundays. Such schedules shall be subject to change at any
time, when required to facilitate the receiving and storing of coal.
However, should it become necessary to change such schedules,
employees shall be paid for such change in schedules in
accordance with the provisions of Section 8 of this Article.
Section 7.
(a) The working schedules for the employees engaged in the
maintenance and repair of equipment in generating stations
and for employees engaged in the maintenance of service
to customers, repairs to customers’ appliances, and other
essential services (such as certain electric and mechanical
repair workers, machinists, electric and gas service workers,
appliance service workers, garage employees, janitors,
watchmen, etc) will be definitely assigned in advance, and
may include Saturdays, Sundays and holidays, as well as
hours other than those specified for daytime employees.
Where such schedules are in force they shall, except as
provided in Subsection 7(c) of this Article, be so rotated as
to equalize, as nearly as may be, Sunday and night work
among the employees involved. Should it become necessary
to change such schedules, employees shall be paid for
such change in schedules in accordance with the provisions
of Section 8 of this Article.
(b) (App. Ltr. 8) The working schedules for employees engaged
in Storeroom activities in Energy Distribution Territory
Storerooms will be assigned in advance on a Monday through
Friday basis and may include hours other than those specified
for daytime employees.
In Material Distribution Centers Storekeepers/Special, as
needed, may be assigned a shift commencing at midnight.
Other employees in Material Distribution Centers (including
Storekeepers/Special) will be assigned to either a shift with
starting times beginning between and 8 AM or a shift with
starting times beginning between 3 and 5 PM. Each qualified
employee, by classification, will be given his choice of shifts
based on his seniority. Such choice shall be made at the time
the shifts are established on September 5, 983; February ,
984, and thereafter on the first Monday in February of each
calendar year. The employee’s choice of shift will be accommodated
insofar as the available openings, including openings
that may occur during such year, in his classification on
such shift, will permit.
Other Storerooms may have one shift with starting times beginning
between and 8 AM. The Company may establish
up to two additional shifts in such Storerooms.
If two shifts are established in other Storerooms, one shift will
have starting times beginning between and 8 AM and the
other shift will have starting times beginning between PM
and l AM. If a third shift is established, in such Storerooms,
it will have a starting time beginning between 3 and 5 PM.
Each qualified employee will be given his choice of shifts
based on his seniority. Such choice shall be made at the time
the shifts are established on September 5, 983; February
, 984, and thereafter on the first Monday in February of
each calendar year. The employee’s choice of shift will be
accommodated insofar as the available openings, including
openings that may occur during such year, in his classification
on such shift, will permit.
Any shifts which may be established pursuant to this
Subsection will be nonrotating.
(c) (App. Ltr. 4) The Company will establish nonrotating working
schedules for certain employees described in Subsection
7(a) above, and for employees described in Section above,
where, in the opinion of the Company, such schedules would
not have an adverse effect on the efficiency or cost of the
work. The employee groups affected will be the Automotive
and Equipment Services Group, the Buildings Services
Group, the Gas Customer Services Group, the Mechanical
Repair and the Electrical Repair Groups, the Generating
Plant Stockroom Group, the Yard and Coal Handling Group,
the Electric Serviceman A in the Electric Line Group, and the
Janitor Group. Where such schedules are established, each
qualified employee, by classification, will be given his choice
of shifts based on seniority. Such choice will be made at least
two weeks prior to the time the schedules are established on
September 5, 983; February , 984, and thereafter on the
first Monday in February of each calendar year. The employee’s
choice of shift will be accommodated insofar as the
available openings, including openings that may occur during
such year, in his classification on such shift, will permit.
Should it become necessary to otherwise change such schedules,
employees shall be paid for such change in schedules
in accordance with the provisions of Section 8 of this Article.
In the event no qualified, available employee in the classification
affected voluntarily accepts such change of schedule, the
assignment will be made to the qualified, available employee
in such classification with the least seniority.
In no event shall an employee be paid for a change in schedule
in accordance with the provisions of Section 8 of this
Article if the change in schedule results from the application
of the shift preference provisions of this Subsection.
Section 8. (App. Ltr. 8) If the schedule of an employee assigned to
a job described in Section 3, 4, 5, or 7 of this Article
is changed, he shall be paid time and one-half for the first
regular daily work period following such change in schedule.
Likewise, if the schedule of any employee is changed because
of his assignment to a job described in Section 3, 4, 5, or 7 of
this Article, provided such assignment is not at the employee’s
request or the result of disciplinary action by the Company, he
shall be paid time and one-half for the first regular daily work
period following such change in schedule. If an employee’s
former schedule is reestablished within three months following
such change in schedule, he shall be paid his straight-time rate
following the reestablishment of such schedule. However, if a
schedule change for which time and one-half must be paid falls
on a holiday, time and one-half will be paid on the next scheduled
workday following such change of schedule.
Section 9. Certain semiautomatic hydro plant, substation, gas
compressor station and gas desulphurization station attendants
whose regular work consists of visiting the plant, substation,
gas compressor station or desulphurization station at various
intervals to start or stop generators, perform switching, start or
stop gas compressors or adjust desulphurization equipment and
to perform certain other duties at the plant, substation or gas station,
as prescribed from time to time, shall not be required to be
at the location of their regular work at all times. When not so
engaged, they may remain at their place of abode, or elsewhere,
leaving word with a person designated by the Company as to their
whereabouts, or they may, when practicable, obtain relief from
certain other designated employees. They shall also be entitled
ARTICLE XI
to complete relief for one day ( 4 hours) out of every seven days.
In case they are actually engaged in their regular work in excess
of eight hours per day or forty hours in any workweek, they shall
be paid at the applicable overtime rate for such excess.
Section 0. Local Service workers, having no definitely assigned
working hours, shall, in addition to performing their assigned
duties, be available for work at other times when called. Such
employees shall not be required to be at any particular location at
all times, but may remain at their places of abode, or elsewhere,
leaving word with a person designated by the Company as to
where they may be reached. They shall, however, be entitled to
complete relief for one day ( 4 hours) out of every seven days.
In case they are required to perform more than 40 hours of actual
work in any workweek, they shall be paid at the applicable overtime
rate for such excess.
Section . (App. Ltr. 8)
(a) The regular working hours for all daytime employees who are
regularly scheduled on a Monday through Friday basis, shall
consist of not more than eight hours in nine consecutive hours
beginning between 7 and 9 AM and such schedules shall not
be changed unless otherwise agreed upon by the Company
and the Executive Board of the Michigan State Utility Workers
Council. Whenever in the judgment of the Company it is reasonably
practicable to do so, the Company will, on request
of the Union, establish earlier starting hours between the last
Sunday in April and the last Sunday in September.
(b) Likewise, whenever in the judgment of the Company it is reasonably
practicable to do so, the Company will, on request of
the local union, establish earlier starting hours between the
last Sunday in April and the last Sunday in September, for
other daytime employees whose working hours conform with
those set forth in Section (a) hereof, but who are scheduled
on other than a Monday through Friday basis.
Section . The rules for holiday work and pay for holidays are
as follows:
(a) Holidays, within the meaning of this Agreement shall be Good
Friday, the first Tuesday after the first Monday of November in
every even numbered year (Congressional and Presidential
Election Days), the day after Thanksgiving, December 4 and
December 3 and those days designated by Federal law as
New Year’s Day, Memorial Day, Fourth of July, Labor Day