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SCHENECTADY DIGITAL HISTORY ARCHIVE

Agreement (1953) Between American Locomotive Company and United Steelworkers of America (CIO) Local 2054

Go ahead to: Part II: Production Plan V. Incentive System

THIS AGREEMENT, made this 2nd day of March, 1953, between the AMERICAN LOCOMOTIVE COMPANY or its successor (hereinafter called the "Company"), party of the first part, for its Plant at Schenectady, New York (hereinafter called the "Plant"), and the UNITED STEELWORKERS OF AMERICA or its successor, in behalf of itself and the members of Local Union 2054 (hereinafter called the "Union"), party of the second part, and the employees of the American Locomotive Company as described herein and defined under Article I, employed by the Company at the Plant.

Witnesseth:

Part I: Basic Contract

Article I: Intent and Purpose of Agreement

It is the intent and purpose of the parties hereto that this Agreement will promote and improve industrial and economic relations between the Company, the Union and the employees employed by the Company at the Plant and to set forth herein the basic agreement covering rates of pay, hours of work and conditions of employment to be observed between the parties hereto.

The term "employees" when used in this Agreement shall include all employees of the Company except the following: executives, salesmen, managers, assistant managers, superintendents, assistant superintendents, monthly rated salary employees, supervisors, foremen, division foremen, assistant foremen, junior engineers, pattern makers, draftsmen, officers and sergeants of the Diesel Plant Protection Department and officers, ser, geants and guards of the Ordnance Plant Protection Department, and all office workers, including those covered by Local 3180.

In the event any provision of this Agreement conflicts with any applicable federal or state law, the operation of such provision shall be suspended pending decision by a court of final appeal, without, however, affecting any of the other provisions of this Agreement.

In the interests of more harmonious labor relations and increased production, the Company is desirous that all employees take a more active part in their Union.

It is the further intent of the parties to secure and sustain maximum productivity per employee during the term of this Agreement. In return for wages paid by the Company and consistent with the principle of a fair day's work for a fair day's pay, the Union reaffirms its agreement with the objective of achieving the highest level of employee performance and efficiency consistent with Job Evaluation, safety, good health and sustained effort, and agrees that the Union, its agents and its members will not take, authorize or condone any action which interferes with the attainment of such objective.

The parties, in order to encourage the greatest possible degree of cooperation between their representatives and between the employees through a full understanding of the respective rights and responsibilities of the Company and the Union, agree that the Company and the Union will each designate not more than five (5) representatives, who shall confer, at the request of either party, at mutually convenient times during the term of this Agreement, but not more frequently than once each month. These conferences shall be held to discuss the administration of this Agreement, to consider conditions which may be impairing the attainment of the common objective of the Company and the Union, and to improve understanding between the representatives and among the employees. Such conferences shall not involve any collective bargaining negotiations, nor shall the representatives of the parties modify this Agreement or add to, or detract from, any of its provisions.

The Company, before subcontracting major items that have not been subcontracted but have been regularly manufactured in the Plant, will investigate designs, methods, tools, materials, volume of items required, prices and other relevant factors in an endeavor to manufacture such item in the Plant wherever it finds same feasible and has adequate available facilities for the purpose. Before making a decision, the Company will discuss the situation with the union members of the Plan V Committee, including the factors of mutual interest to the parties, such as over-all cost, availability of existing space, equipment, skilled labor, urgency of the item, etc. In the absence of adequate facilities or in the case of a failure to meet production schedules for causes such as slowdowns, work stoppages, acts of God, power failure, etc., the Company may immediately subcontract such item involved in whole or in part without prior discussion with the Union.

The Union agrees that during the term of this Agreement neither the Union nor its agents, nor its members will authorize, instigate, aid, condone or engage in a work stoppage or strike. The Company agrees that during the same period there shall be no lockout.

Failure to incorporate past practices in this Agreement between the parties shall not be construed as a basis or justification for discontinuance of such practices. The term "practice" as used herein shall mean only plant-wide conditions of employment, not inconsistent with the provisions of this Agreement. Such reference shall in no way curb or limit the prerogatives vested in Management under Article IX of the within Agreement.

Article II: Recognition

The Company recognizes the Union as the sole collective bargaining agency with respect to rates of pay, hours of work and conditions of employment for the employees covered by this Agreement at the Plant. The Union agrees that neither it nor its members shall hold meetings on plant property.

Article III: Union Security and Check-Off

All present employees covered by this Agreement shall become members of the Union upon the expiration of thirty (30) calendar days after the signing of this Agreement and shall as a condition of employment continue their membership in the Union. All employees hired hereafter shall become members of the Union upon the expiration of thirty (30) calendar days from the date of their employment. Subject to the requirements of prevailing statutes, the Company shall not retain in its employ in the bargaining unit any new employee who fails to apply for membership upon the expiration of the thirty (30) calendar day period specified above or any employee who has been a member at any time during the term of this Agreement and who loses his membership during the term thereof through expulsion for non-payment of periodic dues and initiation fees uniformly required by the Union as a condition of acquiring or retaining membership. It is understood that the word "dues" as used in this section does not include fines or assessments.

The Company, during the life of this Agreement, for employees who are Union members, will deduct from the first pay of each month the Union dues for the preceding month and assessments not to exceed two dollars ($2.00) per year and promptly remit same to the International Secretary-Treasurer of the Union. Initiation fees shall be deducted and remitted to the International Secretary-Treasurer of the Union in the same manner as dues collections on the basis of notarized monthly lists of new members submitted by the Union; provided, however, that said employees have respectively and personally signed voluntary check-off cards (consistent with prevailing statute) authorizing the Company so to do, and same have been transmitted to the Company.

Notwithstanding any of the foregoing provisions of this Article, during the last fifteen (15) days of the term of this Agreement, any employee may withdraw from membership in the Union by giving notice in writing to the Local Union, with a copy thereof to the Supervisor of Employment of the Company. If an employee gives such notice, membership in the Union shall no longer be required as a condition for his employment with the Company and no further check-off of union dues for him shall be made by the Company. Any dispute as to whether an employee has given notice of such withdrawal shall be adjudicated and determined by an arbitrator appointed through the medium of the arbitration machinery provided for in this Agreement.

The Union shall indemnify and save the Company harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Company in compliance with any of the provisions of this Article.

Article IV: Hours of Work

This Article defines normal hours of work and shall not be construed as a guaranty of work per day or work per week or of days of work per week.

  1. The recognized work week for the Plant will be from 12:01 A.M. Monday until midnight the following Sunday (except employees of Plant Protection, Power House and such other employees as mutually agreed upon, whose hours will be determined by schedule).
  2. The Plant may operate on three shifts per day, the hours being designated as follows:
    First Shift
    8:00 A.M. to 12:00 Noon
    12:20 P.M. to 4:00 P.M.
    Second shift
    4:00 P.M. to 8:00 P.M.
    Third Shift
    8:20 P.M. to 12:00 Midnight
    12:01 A.M. to 4:00 A.M.
    4:20 A.M. to 8:00 A.M.

    On the basis of the foregoing, when the full shift is worked day workers will be credited with eight (8) hours of working time.

  3. Any employee called in prior to the regular or scheduled shift will be allowed to work the full regular or scheduled shift.
  4. Overtime required to be worked shall be assigned as far as practical to and divided among qualified employees in a department with no discrimination. No employee shall be discriminated against for his inability to work overtime.
  5. In recognition of the difficulties imposed upon Management and fellow employees through failure of employees to comply with working and production schedules, an employee habitually reporting late for or absenting himself from work without just cause may be subject to discipline in accordance with the provisions of this Agreement. Employees shall, wherever practicable, give prior notice to the Company whenever they either report late or absent themselves from work. Likewise, employees who repeatedly abuse the privilege of the lunch booth and restaurant facilities will be subject to discipline in accordance with the provisions of this Agreement. Any abuse of lunch room and restaurant facilities by any sizeable group of employees may result in the curtailment of such facilities throughout the Plant.
  6. An employee shall be permitted only five minutes wash-up time preceding the lunch period on each shift and only ten minutes wash-up time at the completion of each shift. Notwithstanding this provision, Paint Shop and Foundry employees will be allowed, as they have in the past, a twenty minute wash-up time at the completion of each shift.

Article V: Wages

  1. The schedule of guaranteed base rates established as a result of Job Evaluation, now in effect, shall continue throughout the life of this Agreement.
  2. Work performed on any five days of eight (8) hours each or any part thereof within the recognized work week will be paid for on the basis of straight time. Any hours worked in excess of the normal eight (8) hour work day or forty (40) hour work week shall be considered overtime and shall be paid for at the rate of one and one-half times the regular rate, provided, however, that no employee shall be permitted to work overtime or receive any pay for overtime unless the said overtime shall, prior to the beginning thereof, have been approved by the Company's supervisor, and, further, provided an employee shall not be paid for both weekly and daily overtime on account of the same hours of overtime work.

    Employees will be paid on the basis of time and one-half for all hours worked on Saturday and double time for all hours worked on Sunday. Additionally, the employees of the Power House and Plant Protection Departments will be compensated at premium rate on the following basis. Any such employee shall be paid time and one-half for any hours worked on the sixth scheduled day of work during his regular work week and any such employee who works on his scheduled day off during his regular work week will be paid double time for time worked on that day; provided, how, ever, that if the sixth or seventh day of the employee's scheduled work week falls on either Saturday or Sunday, he will be paid not more than time and one-half or double time, respectively, for such sixth or seventh day.

  3. When a full shift is worked, day workers will receive eight (8) hours pay at their prevailing base rate.
  4. There shall be a shift differential of 7.5% per hour for all regularly scheduled hours worked by employees assigned to the second shift and a 10% shift differential for all regularly scheduled hours worked by employees assigned to the third shift. Employees who work beyond their regular shift shall be paid only the shift differential (if any) to which they are normally entitled.
  5. Effective as of the date of signing of this Agreement, a 15c per hour general increase will become effective and will be paid to day workers. Hereafter, day workers will continue to be paid their base rate and incentive yield under "Graduated Bonus Plan for Day Workers" as reflected in Part II, Section 10, of this Agreement, calculated in accordance with present practice. Additionally, they will be paid 16.2% of their current evaluated base rate, plus 15c per hour general increase mentioned above for hours worked, as separate items, not taken from shop pool earnings.
  6. Effective as of the date of signing of this Agreement, a 10c per hour general increase will become effective and will be paid to piece workers. Hereafter, piece workers will continue to receive their piecework earnings for time actually worked and, additionally, will be paid 28 1/2c per hour, for hours worked, plus a payment of 22 1/2c per hour (which includes the 10c per hour general increase mentioned above) for hours worked, as a separate item, which will not be used in the calculation of Plan V allowances. In the event piece-workers' earnings are below the equivalent of the minimum hourly base rate or their prevailing hourly base rate as established under Job Evaluation, then they shall receive the higher rate of the two for actual time worked. When a complete shift is worked the same computation shall apply, based on eight (8) hours.
  7. ALL NEW piece-work prices will be established on a basis that a pieceworker or gang incentive group will be able to earn by normal applied effort, under normal conditions, a yield of 60% over evaluated base rate. The establishment of new piecework prices on this basis shall in no way be construed as a curb or limitation of an employee's productive effort nor as establishing a ceiling on an employee or gang's incentive piecework earnings. It is further agreed that this principle shall not be construed as establishing a minimum guaranty of piecework earnings.
  8. Employees called back to work after completing their regular shift and leavin the Plant within any 24-hour period on any work day shall be entitled to actual traveling expenses (not exceeding $1.00) and a guaranteed minimum of four hours of pay at the overtime rate.
  9. Except in instances beyond the Company's control, such as floods or fires, etc., in the department affected, and other conditions such as in the case of a labor dispute or in the event of a disciplinary layoff or discharge, etc., any employee who reports for work and finds that on that day there is none of his regular work available for him to do, shall be given for that day at the option of the Company either notice to return home and be reimbursed for four hours pay at the employee's prevailing hourly base rate, or four hours work, assigned by the employee's foreman, at the employee's straight time average hourly earnings based on the previous week's earning rate.
  10. Piece-work gang leaders will continue to actively participate in productive work.
  11. Payment for unreasonable lost time sustained by a piece-worker for reasons not the fault of the employee, as hereinafter described, limited and controlled, shall be made on the basis of a rate fixed at 60% above a piece-worker's current base rate. "Lost time" within the meaning of this section shall ONLY be such time in excess of normal and reasonable delay encountered by a pieceworker as a result of
    1. Crane breakdown
    2. Waiting for material
    3. Waiting for tools, jigs and fixtures
    4. Individual machine breakdown

    To facilitate the approval and establish the justification of lost time allowances in accordance with the above limitations, it shall be necessary for a piece-worker to report immediately to his foreman the existence of the condition complained of. "Lost time" must be submitted to the foreman within the same 24-hour cycle during which the allowance is necessary. The foreman shall ascertain the reason for the lost time and if occasioned by the reasons above outlined shall approve same. "Lost time" is not to be understood to include lost time in cases of such emergencies as fires, floods, power house failure or other conditions beyond the control of the Company. If a question arises as to the justification of this allowance within the meaning of this section, the matter shall be considered by the piece-worker, foreman and shop steward of the department and shall be justly and finally settled, or, in the event of disagreement, constitute a grievance.

  12. The Company, in conjunction with the Union, will continue to classify the employees in accordance with Job Evaluation. Should any dispute arise as to the classification of an employee, the grievance procedure may be invoked to settle the dispute.
  13. All welders employed in the Plant shall be allowed to take a test after three months employment. This test will be used to qualify the employees to a higher welding classification. Results of the tests shall be made available to the employee within ten days. Welders will be allowed to take one test every three months to qualify for higher classification.
  14. In the payment of female employees, the principle of equal pay for equal work shall prevail in comparable jobs producing work of the same quantity and quality as that performed by men.
  15. As far as practical, there shall be an equal distribution of work within each department.
  16. When an employee is transferred by order of the Company from one department to another department to insure the orderly operation of the Plant he shall receive his earned rate or the rate of the job to which transferred, whichever is higher. In all cases within the department, the individual piece-worker assigned to other work at his same classification will receive the piecework earnings of whatever work assigned by Company order. When an individual piece-worker is ordered from one classification to another within the department he will receive his earned rate or the rate of the job to which transferred, whichever is higher. Employees of gang incentive groups will receive in Company ordered transfer their own earned rate or the rate of the job to which transferred, whichever is higher. When an employee is transferred or reclassified, to avoid a layoff or at his personal request, he shall be paid the rate of the job to which transferred.
  17. Employees who at the direction of their foreman are required to work in excess of four hours overtime after completing an eight-hour shift within any 24-hour period on any work day shall receive an additional payment of one dollar ($1.00) as a meal allowance.
  18. Individual pieceworkers or members of cooperative piece-work gangs shall be required to correct defective work for which they are responsible, at base rate, during regular working hours. Pieceworkers or members of cooperative piecework gangs not responsible for such defective work will be compensated on the basis of their average hourly earnings for hours worked on such assignment.
  19. It is further mutually agreed that if there is any question pertaining to a piece-worker's individual earning rate, joint investigation will be made by the piece-worker, his foreman, Union representative and a representative of the Planning & Wage Rate Department. If unable to satisfactorily dispose of the question, it shall constitute a grievance.

Article VI: Seniority

Section I — Temporary Employees

Employees engaged in occupations covered by this agreement shall be considered on a temporary basis until they shall have accumulated continuous seniority consisting of at least thirty (30) days of actual work in any one employment period. It is agreed that if a temporary employee is laid off from a department before accumulating such 30 days and is thereafter, at the option of the department head, recalled to the same department, his prior days of actual work will be credited to the period of subsequent employment for the purpose of completing his probationary period. If such employee is rehired in a different department at the option of the Company, such credit will not be applicable to the probationary period; but after he has accumulated 30 actual working days in the department, previous days of actual work will be credited to his plant seniority. During this probationary period, the Management shall have sole discretion as to their suitability for employment. After the probationary period, the seniority of employees shall begin and apply from the date of commencement of work on any occupation covered by this agreement.

Section II — Basis of Seniority

Seniority rights shall be computed and exercised on a departmental basis. It is expressly under stood that the meaning of seniority as used in this agreement includes the following factors:

  1. Seniority date, as hereinafter defined; and
  2. Previous experience, mental capacity, trade skill and such other qualifications stated under Job Evaluation as may be necessary for the efficient performance of regularly assigned duties; and
  3. Physical fitness.

Where factors 2 and 3 are relatively equal, seniority date shall govern.

Section III — Assignment of Seniority Date

Each employee will be assigned a seniority date which will represent his comparative seniority rights with other employees in his department. The seniority date will be computed as follows:

  1. January 1, 1941

    Net accumulated plant working service, unbroken by a quit or discharge, up to January 1, 1941, will be credited to the seniority of the department in which the employee was at that time working, or if the employee was not at that time working, will be credited to the first department in which he was or will be employed subsequent to that date.

  2. November 25, 1941

    Subsequent to November 25, 1941, absence due to layoff or excused physical disability will be considered as continuous service up to a maximum period of two calendar years.

  3. Credit for Plant Service

    Employees transferred to or rehired in a new department will have no other seniority to their credit at the time they enter such new department. As soon as six months of seniority has been earned in their current department, however, employees with previous plant service in any other department, except as hereinafter noted, will have all such previous plant seniority credited to their six months seniority in their current department.

  4. Transfers from occupations exempted by this Agreement.

    Employees transferred or reclassified from occupations exempt by this agreement or from a position covered by Agreement with Local 3180 (except as hereinafter specifically provided in Section IX of the within Article VI) will have no seniority to their credit when entering such positions unless such seniority was accumulated prior to their employment in the exempted occupation, and if so, time spent in positions covered by agreement with Local 3180 as a result of transfer by order of the Company, or to avoid a layoff up to a limited period of two years, will be credited to their former department, and further, except after six months of seniority in such position, all previous plant seniority will be credited to the department in which they are currently working.

Section IV — Seniority Lists

Seniority lists shall be posted in each depart, ment three times annually. Any protest of a seniority date thus posted must be initiated by con, tacting the Employment Department within sixty (60) days following such posting, or an employee will forfeit his claim to any additional seniority provided no mathematical errors have been committed by the Company. A statement in the English, Italian and Polish languages as to the time limit for protest will be entered on the first page of the seniority list.

Section V — Leave of Absence

A request for a leave of absence up to thirty (30) days must be presented in writing by the employee to his department head seven (7) days prior to the date such leave of absence is requested to take effect. The department head shall approve or deny this request within the 7-day period and forward the employee's written request to the Employment Department for file in the employee's record. Request for leave of absence exceeding 30 days, in addition to the above provisions, must be approved and countersigned by a duly designated representative of the Manager's Office.

Union Officers or Representatives

Not more than two members of the Union with at least one year of service shall, on request of the Union, be granted one year's leave of absence for the purpose of becoming an executive officer or representative of the Local Union with continuity of seniority. If more time is required, the Company will annually extend such leave of absence but in no case to exceed the termination date of the contract. Upon completion of his mission, he will be given reemployment on the basis of his continuity of seniority in his former department to his former position or to a position for which he is qualified, at the going rate of such position at the time of his return.

Section VI — Military Service

  1. The Union and Company mutually agree to accord such rights and privileges to veterans and Merchant Mariners as are afforded under the Selective Service Act.

Section VII — Promotions, Reclassifications and Transfers

  1. Employee's Personal Request

    Employees shall be considered according to seniority, for reclassification to higher evaluated positions covered by this Agreement, first, in their own departments, or secondly, in other departments, upon their request. Employees who accept reassignment in accordance with this provision or as a result of their own initiative for any other reason will be considered to have done so at their personal request, and will be paid the going rate of the position to which they are reassigned and, if a change in department is involved, will not have the future right to displace other employees in order to return to the department which they are leaving.

  2. To avoid layoff

    Employees reclassified or transferred to avoid a layoff will be recalled to their former positions before other employees are transferred to or hired in their former positions.

  3. Due to Physical Disability

    When the Medical Department recommends a change in department due to an employee's physical disability, such facts shall be stated on the "Change of Status" form and the employees' rights and seniority shall be considered, the same as though he had been transferred to avoid a layoff. Any controversy of this nature arising between an employee's physician and the Medical Department shall be considered subject to review according to regular grievance procedure.

  4. Between Payrolls

    The reasons for which employees are transferred from positions covered by this Agreement to positions exempted by this Agreement shall be given the same effect with respect to right of return as the reasons previously described under which employees may be transferred between departments.

  5. Informative Notice

    Foremen and department heads making permanent promotions, demotions and changes of shift shall immediately post upon the shop bulletin board data concerning such changes and will furnish the Chief Shop Steward of the department with a copy of such notice. The notice will contain information as to the name, shop number and departmental seniority date of the employee involved and the type of reclassification effected and shall be posted each Monday for the past week's reclassifications and will so remain posted for a period of two weeks.

Section VIII — Reemployment

Employees terminated by reason of layoff, illness, injury or other reason, not resulting in loss of seniority, and subsequently rehired in a different department, will maintain the same right to return to their former department that would have existed had they been transferred.

Section IX — Reduction in Working Force

  1. Order of Layoff

    Employees shall be laid off by classification in each department in reverse order of seniority.

  2. Layoff Notice

    Employees with more than 30 days of seniority shall be given seven (7) calendar days notice, including day of notice, of an indefinite layoff and copy of such notice will thereafter be furnished the Chief Shop Steward of the department involved. However, in the case of piece-workers it shall be only the responsibility of a foreman to reasonably anticipate layoffs and, wherever practical, one week's work or as much time as is consistent with the circumstances shall be provided to the pieceworker. These provisions shall not apply to all temporary layoffs. It is hereby agreed that any layoff for a period not to exceed two weeks, shall be deemed a "temporary layoff"; provided, however, that the Company and Union by negotiation and mutual agreement may extend beyond the two-week limitation and consider layoffs for more extended terms as temporary where conditions warrant.

  3. Recall Notice

    Employees laid off due to lack of work who have more than 30 days of seniority and who have not refused a suitable position, as hereinafter defined, will be mailed a recall notice by registered mail with return receipt requested to their last address on file with the Employment Department. To protect seniority, it is the employee's responsibility (whether working or on layoff) to keep the Employment Department advised of his correct mailing address. The Union will be notified when an employee's layoff is no longer effective.

    Eight calendar days from the date a recall notice is mailed will be allowed for employees to report for work.

    Recall notices to their former, or other suitable positions, will also be mailed to employees who accepted lower evaluated jobs in other departments to avoid a layoff. Such employees who are recalled to their former departments will be required to give their present Department Head up to eight days notice of their desire to be transferred. The wage rates of such employees shall not be changed during this eight-day period of notice.

  4. Union Representatives
    1. Officers:

      Elected officers are recognized as consisting of the President, Vice-President, Recording Secretary, Financial Secretary, Treasurer, 3 Trustees, 2 Guards, 1 Guide and 5 elected Grievance Committeemen. If any of the above officers of the Union are faced with an indefinite layoff in their own department, they shall be considered to have top seniority in the Plant in their respective occupations and may displace other employees in those occupations with the least seniority, provided that they have the necessary trade and physical qualifications.

    2. Chief Shop Steward

      When faced with an indefinite layoff in his own department, the Chief Shop Steward shall be deemed to have top seniority in his department and will be the last hourly paid employee to be laid off. If it is necessary for the Chief Shop Steward, in order to maintain his employment in his department, to accept a position in a lower grade, he shall be paid the wage rate established for that type of work. When it is no longer possible for the Chief Shop Steward to continue on the payroll of his department, he shall be given first choice of any jobs open in the plant, provided that the rights of no veteran will be thus impaired and he has the ability to perform the work. There shall be a maximum of one (1) Chief Shop Steward for each department.

    3. Assistant Grievance Committeemen:

      A maximum number of 20 Assistant Grievance Committeemen may be elected and granted seniority rights next to those of the Chief Shop Stewards. The seniority rights of such Assistant Grievance Committeemen will otherwise be identical to the rights of the Chief Shop Stewards.

    4. A maximum of 3 Tellers, elected by the Union, may be granted seniority rights next to those of Assistant Grievance Committeemen.
    5. At least one shift steward may be elected for each shift being worked in a department regardless of the number of employees working on each shift. The seniority rights of the shift steward shall follow the rights of the Tellers but shall be confined in operation to their respective shift in each department. Including the Chief Shop Steward, a maximum number of one elected shift steward shall be allowed for every fifty (50) hourly paid employees working on each shift in each department.
    6. The Union shall notify the Company in writing within thirty (30) days of the election of any representative entitled to seniority privileges as outlined above. The Company shall not be responsible for the seniority rights of Union representatives until such a time as the foregoing provisions have been fulfilled and seven (7) calendar days have elapsed following receipt of such notice by the Company.
  5. Offer of Suitable Transfer

    Employees otherwise subject to layoff and who do not have the right to return to another department will be offered, in the following order when available, such suitable positions as may be unoccupied and for which they are qualified:

    1. A position in his own occupation, in his present evaluated grade, and in piecework or day work depending on his current status in this respect.
    2. If a position is not open as in (1) above, he may be offered a position one grade lower, first, in his own department and, secondly, in any other department.
    3. Failing to obtain a position as in (1) or (2) above, the employee may be offered a position two grades lower.
    4. In the event an employee refuses to accept a position as in (1), (2) or (3) above, he shall be presumed to have resigned and his seniority will be severed.
  6. Displacement of Other Employees
    1. Employees having at least one year of plant seniority and permanently laid off in their own department may displace other employees throughout the plant in Grades 1, 2 and 3 of Job Evaluation having the least seniority in such grades.

      The parties recognize that to establish the necessary procedure to carry out this provision, there must be considerable revision made to the present system of keeping personnel records in the Employment Department and in Job Evaluation, and this problem is covered in a letter of even date hereof on this subject. To clarify, insofar as possible, the administration of this clause, the following are in part some of the procedural rules:

      1. The Employment Department will have a maximum period of 2 weeks, if the number of employees does not exceed 100, or 30 days if in excess of 100, to effectuate displacement rights under this clause.
      2. An employee may displace in the same or lower grade but cannot displace in a grade higher than previously held during his tenure of service with the Company.
      3. Where an employee is not qualified by reason of physical condition to accept a classification, he must pass on to the next-in-line classification for which he is physically qualified.
      4. The parties recognize that there are a comparatively small number of classifications in Grade 3, such as welders, burners and machine operators, packagers and material and preparation handlers, for which some employees involved in this displacement clause may not be able to qualify. In such instances, it is understood that by mutual negotiations, the parties will by agreement resolve problems thus created.

      The above provisions covering Union Officers, reemployed Veterans or Mariners of World War II, and supervisory em, ployees as outlined in subsection number 3 below, cover the only circumstances under which employees have any right to displace employees in departments in which they have not previously accumulated seniority.

    2. Displacement of Employees in Previous Departments:
      1. Limitations
        1. The right to displace employees in other departments is subject to the following limitations only in the event of an indefinite layoff and when employees were transferred to their current department on orders of the Company to avoid a layoff from the previous department to which they desire to return.
          1. The right to displace other employees is predicated upon previous accumulation of 6 months seniority in that department.
          2. Employees who have had their previous plant service credited to 6 months of sen, iority in their present department, lose the right to displace other employees in any other previous department.
          3. The right to return to any department is forfeited if an employee fails to initiate a transfer to that department within eight (8) calendar days from the date of his recall notice.
      2. Order of return to previous department:
        1. An employee may return to previous departments only in direct retrogression of employment, and the rights in each previous department must be exhausted before consideration can be given to his rights in the next preceding department.
        2. An employee who was transferred on orders of the Company or to avoid a layoff will have the seniority accumulated in a department so entered, and only during such employment, credited to his seniority when returning to the originating department.
        3. Supervisory Employees:

          In cases where employees have been promoted to supervision from an occupation covered by this Agreement, they shall, in the event of a reduction in force in supervision, have the right of displacement in their former de, partment in an occupation for which they may qualify, and they shall be entitled to exercise the departmental seniority accumulated at the time of their promotion to supervision to dis, place employees in such occupation having a lesser seniority, and shall at the time of such transfer be vested with such seniority in that department. In the event that the employee's former department is no longer in existence at the time of demotion, he shall be given first choice of any jobs open in the plant, provided the rights of no veteran will be thus impaired.

Section X — Severance of Seniority

Severance of seniority as used herein shall refer to a separation from any payroll or in any department.

Seniority may be severed for one of the following reasons:

  1. Justifiable discharge.
  2. Voluntary quit.
  3. Failure to return to work following layoff within eight calendar days of the date of a recall notice.
  4. Exceeding the period of an authorized leave of absence.
  5. Absence for two weeks — reason unknown:
    1. An employee terminated due to absence of two weeks — reason unknown — shall be mailed a letter from the Employment Department requesting the reason for his absence and the date he expects to return to work. The Union shall be notified weekly of the names and addresses of employees to whom such letters are mailed. Seniority of such employees may be severed under the following circumstances:
      1. Unjustifiable absence for a greater period than two weeks.
      2. Failure to answer letter of inquiry within seven (7) calendar days of date such letter is mailed and stating reason for absence.
  6. Seniority will never be broken by excused absence due to physical disability certified by a doctor or an indefinite layoff provided employee complies with recall provisions hereinbefore set forth, but will be cumulative only for a period not to exceed two years, and at the expiration of two years without such recall or reemployment, the Employment Department will transmit to such employee by registered mail a letter of inquiry as to whether such employees are still interested in reemployment with the Company and are available for reemployment upon recall. Failure of such employees to reply to such inquiry will result in severed seniority.

Article VII: Grievance Committee

The Grievance Committee for the Plant shall consist of five officers, employees of the Plant, and five elected employees of the Plant, designated by the Union; any four to constitute a Committee to handle grievances. This Committee may elect to include one of its local or national officers or both. There will not be more than twenty (20) Assistant Grievance Committeemen chosen by the Union.

The Company will continue to maintain within the Plant an office separate and apart wherein the President of the Union or his duly authorized representative and/or a representative of the United Steelworkers of America may call before them an aggrieved person or persons, as well as the Shop Steward or Grievance Committeeman, for the purpose of transacting legitimate Union business within the Plant.

Should it be found necessary for a grievance committeeman or chief shop steward to visit the Plant during the second or third shift operation for the purpose of investigating any difficulties that may arise in any department within the Plant, he will contact the Night Superintendent or his duly authorized representative and together they will call from the Plant, as necessary, parties concerned for the purpose of investigation; the duly authorized representative of the Local Union and/or representative of the International Union and Management will participate. There will be no objection to a secretary or the equivalent thereof making notes of the essential information as long as copies are distributed to both Union and Management for subsequent negotiations as necessary.

Members of the Grievance Committee will be afforded such time off, without pay, as may be required:

  1. To attend regularly scheduled committee meetings.
  2. To attend meetings pertaining to discharge or other matters, which cannot reasonably be delayed until the time of the next regular meeting.
  3. To visit when necessary, after notice to and receipt of permission and pass ADS-108 from his Department Foreman or his designated representative, departments other than his own for the purpose of transacting the legitimate business of the Grievance Committee.

Time spent by Grievance Committeemen on Union business within the Plant shall be deemed to be time worked for the purpose of the computation of overtime.

When Grievance Committee or Shop Committeemen lose time from work in attending conferences called by Management, the Company shall pay for all time lost.

The term "Management" as used in this paragraph shall mean Assistant Superintendents or those with higher authority.

Article VIII: Settlement of Grievances

Should any difference arise between the Company and the Union or any of the employees employed by the Company at the Plant as to the meaning or application of the provisions of this Agreement or as to hours of work, rates of pay and/or conditions of employment at the Plant, or should any trouble or controversy of any kind arise in or with respect to the Plant as between the Company and the Union or the employees of the Company employed at the Plant, an earnest effort shall be made to settle such differences immediately in the following manner:

First: Between the aggrieved and/or Shop Steward of the department involved and the Foreman. The Foreman may elect to seek the counsel and attendance of the Assistant Superintendent or Superintendent, in which case there shall be also present a member of the Grievance Committee of the Union.

Second: Between members — not to exceed four — of the Grievance Committee designated by the Union and the duly designated representatives of the Managers of the Plant.

Third: Between representatives of the local union and/or the International Organization and the Managers of the Schenectady Plant and/or their duly designated representatives.

Fourth: In the event a dispute shall not have been satisfactorily settled by resort to the foregoing procedures, such dispute may be referred to a Board of Arbitration (except for grievances arising under Plan V, which will be referred to a Plan V permanent arbitrator) composed of one representative selected by the Company and one representative selected by the Union and a third impartial party. The Company and Union members of this Board must be selected within thirty (30) days after notification (by registered mail) by either party. The third impartial party shall be selected through the medium of rules of the American Arbitration Association. A decision reached by any two members of the Board shall be binding upon both parties to the Agreement.

The Company will pay the salary and expenses of their selected representative, the Union will pay the salary and expenses of their selected representative, and the fees and expenses of the third party shall be paid equally by the Company and the Union. The number of meetings shall be limited to six but additional meetings may be authorized by mutual agreement.

The Board shall have thirty (30) days after its final meeting to render its decision (unless time limitation may be extended by mutual agreement) and if no decision can be reached within that period either side shall have the right to dismiss the Board and the matter will be referred to the American Arbitration Association for disposition.

The Union will not authorize on account or by reason of such difference, controversy or trouble any strike or suspension or slowup of work at the Plant, either prior to or during efforts to settle such difference, controversy or trouble or after the settlement thereof, in accordance with the foregoing provision.

The Grievance Committee and the duly designated representatives of the Managers of the Plant shall hold regular weekly meetings on Wednesday at 10 A.M. for the purpose of settling grievances that have been appealed to the 2nd Step. The representatives of the Local Union and/or International Representative of the Union and the duly designated representative of the Managers of the Plant shall hold regular monthly meetings on the last Friday morning of the month for the purpose of settling grievances that have been appealed to the 3rd Step. Any regular weekly or monthly grievance meeting may be postponed or suspended by mutual agreement in writing.

Processing of Grievances and Time Limits

Grievances must be filed promptly after the occurrence of the event on which the grievance is based and in no event later than ninety (90) days after the aggrieved employee has knowledge of such event. If a grievance is not filed within this time limit, it will be deemed to have been abandoned by the employee and the Union and will be considered settled, but without constituting a precedent in any other case.

All grievances shall be presented in Step 1 on typewritten forms duly dated and signed, and shall be filed by the delivery of the typewritten grievance to the Foreman and by delivery of a copy to the respective Plant Manager or his designated representative, who will give a receipt for grievance received. Within five working days (excluding holidays, Saturdays, Sundays and shutdown period), including day the grievance was filed, the Foreman shall give his answer by noting his decision on the written grievance form, dating and signing it, and returning it to the Chief Shop Steward.

The grievance may be appealed to the 2nd Step by the presentation of the written grievance by the Union not later than the second regular weekly Step 2 grievance meeting after the Foreman has given his decision in Step 1. The Company's answer in the minutes to the Union shall be given not later than the third regular weekly Step 2 grievance meeting after the presentation of the grievance in Step 2.

The grievance may be appealed to the 3rd Step by presentation of a written notice of such appeal by the Union at the next regular monthly Step 3 grievance meeting held after the Company has given its answer in Step 2. However, if the next regular monthly Step 3 grievance meeting is held less than ten days after the date of the Company's answer in the 2nd Step, then the written notice of appeal may be filed at the second regular monthly Step 3 grievance meeting following the Company's answer in Step 2. The Company's answer to the Union shall be given at the regular monthly Step 3 grievance meeting after presentation of the grievance in Step 3.

A grievance may be appealed to arbitration in the 4th Step by written notice sent by the Union to the Company by registered mail, return receipt requested, within thirty days after the date of the Company's answer in the 3rd Step.

The time limits applicable in Steps 2, 3 and 4 may be extended by mutual written agreement between the Company and the Union.

If any regular weekly 2nd Step grievance meeting or any regular monthly 3rd Step grievance meeting is suspended or postponed by mutual written agreement, the time limits of the Company and the Union applicable to grievances affected by such action shall be deemed to be extended correspondingly.

If a grievance in any step is not referred to or appealed to the next step by the Union within the specified time limits, it shall be considered settled on the basis of the Company's answer, but such settlement shall not constitute a precedent in any other case.

If a grievance in any step is not answered by the Company within the specified time limits, the Local Union Grievance Committee in the first two steps, and the International Representative and/or Local Union's Grievance Committee in the 3rd Step, shall have the right to consider the grievance granted, but such settlement shall not constitute a precedent in any other case.

Article IX: Management

The Management of the Plant and the direction of the working forces, including the right to hire, suspend or discharge for proper cause, or transfer or promote, and the right to relieve employees from duty because of lack of work or for other legitimate reasons is vested exclusively in the Company. The Company will not, however, use the provisions of this Article for the purpose of discrimination against any member of the Union.

Article X: Discharge

The Company in any case of infraction of Company rules or violation of the provisions of this agreement where suspension or discharge is warranted, shall, in the exercise of its rights as set forth under Article IX, grant such offending "regular" employee a hearing, and at said hearing he shall be represented by one member of the Union Grievance Committee; except, however, that in the event the employee is charged with intoxication or physical violence, he shall be suspended pending a hearing. Such hearing shall be arranged without undue delay and on the succeeding day, if possible.

At the request of either the Company or the Union, a duly qualified stenographer will be provided by the Company to take minutes of a disciplinary hearing.

Any employee who is suspended or discharged by a decision rendered by the Company may, if said employee and/or the Union believes he has been unjustly dealt with, appeal such decision and such case shall constitute one arising under the method of adjusting grievances as herein provided. The employee and/or the Union shall within five days of such discharge (excluding holidays, Saturdays, Sundays and shutdown period) make written complaint that the employee has been unjustly dealt with. In the event that the employee or the Union shall have duly given such notice and it shall be decided under and in accordance with the rules of this Agreement that the employee has been unjustly discharged, the Company shall reinstate such employee and pay full compensation at the employee's average hourly earning rate for the unemployed time lost. If possible, such cases of discharge shall be disposed of within five days from the date of discharge.

It is further agreed between the parties hereto that new employees who have not yet served their probationary period of 30 working days are not "regular" employees and shall not be considered as coming within the provisions and terms of the above paragraph.

It is further understood that an interruption or impeding of work, stoppage or strike on the part of the Union, or a lockout on the part of the Company, shall be a violation of this agreement, and that under no circumstances shall the parties hereto discuss the grievance in question or any other grievances while the work interruption, impediment or suspension of work is in effect.

It is further agreed that if this procedure is not followed and as a result of such failure an interruption or impeding of the work, stoppage or strike occurs, the offending person or persons refusing to resume normal work may be suspended and later discharged from the employ of the Company in accordance with the within article; provided, however, that prior to such discharge the Company will provide a list of names, check numbers and addresses of employees considered by it to be involved to the President of the Local Union or representative of the International Union, and a reasonable period of time is allowed for the resumption of work. It is further understood and agreed that the employees' return to work shall not be construed as condonance of their action by the Company or that they will not be subject to discipline under the terms of this Article.

Article XI: Safety and Health

The Company shall make reasonable provisions for the safety and health of its employees at the Plant during the hours of their employment. Qualified personnel, registered nurses if they can be obtained, will be in attendance at the Company's emergency hospitals at all times. The Union will make every effort within its jurisdiction to see to it that the employees will make continuous use of all protective devices and equipment furnished them.

The Company and Union urge that welders, buffers, grinders, painters and employees of the Paint Department, Hammer Department and Foundry voluntarily present themselves to the Medical Department twice yearly for a physical examination in the interest of maintaining good health.

A safety committee consisting of four employees designated by the Union and four Management members designated by the Company shall be established at the Plant. One of the employees designated by the Union shall be a licensed Workmen's Compensation representative. The Safety Committee shall hold monthly meeting at times determined by the committee, during regular working hours, and Union members shall be compensated for time spent at such monthly meetings. The function of the Safety Committee shall be to advise with plant management concerning safety and health matters, but not to handle grievances. In the discharge of its function the Safety Committee shall: consider existing practices and rules related to safety and health, formulate suggested changes in existing practices and rules, and recommend adoption of new practices and rules. Advices of the Safety Committee, together with supporting suggestions, recommendations and reasons, shall be submitted to the Manager for his consideration and for such action as he may consider consistent with the Company's responisbility to provide for the safety and health of its employees during the hours of their employment.

The now duly constituted volunteer safety committees in the various shops shall continue to operate in the same manner as heretofore. To further promulgate interest in safety work, Supervision of each departmnet will arrange to meet with members — not to exceed two — of the Departmental Volunteer Safety Committee monthly in each Department.

Article XII: Holidays

Work performed on seven (7) holidays of the year, namely: New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day will be paid for on the basis of double time. Where one of these holidays falls on Sunday, it will be considered as falling on Monday and overtime worked will be computed accordingly.

In the event the Plant does not operate on any of the six holidays immediately hereinafter referred to, the following will apply:

Hereafter, hourly rated employees covered by this agreement shall be paid fifteen dollars ($15.00) for each of the following six holidays: New Year's Day, Washington's Birthday, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day, providing they meet all of the following eligibility rules as herein provided:

  1. An employee is on the active payroll and has completed the probationary period under the within contract.
  2. The employee must have worked the last scheduled work day prior to and the next scheduled work day after such holiday within the employee's scheduled work week, unless absence on either of these days was occasioned by Union business, jury duty, death in the immediate family (husband, wife, mother, father, child, sister or brother of the employee), temporary lack of work or honor guard duty at a military funeral, duly certified and authorized by the employee's foreman. Employees who do not qualify under items (1) and (2) above but who are laid off in a reduction of force within one week prior to the week in which the holiday falls shall receive pay for such holiday. Employees who are absent by reason of certified illness, compensable injury sustained prior to the week in which the holiday falls, but return to work the following week, shall receive pay for such holiday.

    When a holiday falls on Saturday, eligible employees shall receive holiday pay provided they have worked the last preceding scheduled work day within the work week in which the holiday falls.

    Employees of Plant Protection and Power House (employees on continuous operation) who may be required to work on any of the above six holidays, and all employees requested to work these holidays, shall not receive holiday pay under this section but shall be compensated for time worked (double time) as hereinabove provided.

    Employees who are required or directed for such holiday work assignment and then fail to report for and perform such work shall not receive pay for the holiday.

Article XIII: Piece-Work Schedules

Piece-work schedule books shall be open at all times to employees involved and Chief Shop Steward within their own respective departments, also members of the Grievance Committee, in order that the rates may be verified.

Article XIV: Supervisors

Under normal conditions supervisors not covered by the contract shall not be permitted to perform any work customarily performed by the production or maintenance employees.

Article XV: Posting of Union Notices

The Company will provide bulletin boards in all departments and post all legitimate Union notices, for the length of time deemed necessary by the Company and the Union. All such notices shall be delivered to the Manager for posting. Any question on the part of Management with reference to the posting of such Union notices shall be taken up with the Union immediately.

All Company notices shall be posted on all Company bulletin boards. Notice of any promotion shall be posted on all Company bulletin boards.

It is further agreed that the Union may, during the 20-minute lunch period, at the respective departmental time clocks, distribute literature and hand-bills, provided, however, that such announcements, etc., shall contain nothing reflecting disparagingly upon the Company or any of its employees and provided that such announcements, literature, etc., shall first be submitted to the Manager, who may refuse to grant permission for such distribution if any of the provisions of this paragraph are violated.

Article XVI: Vacations

General Provisions

  1. Beginning and effective for the year 1953, the American Locomotive Company for its Schenectady Plant institutes the following vacation plan:
  2. Any employee who has one year's continuous service on June 1st will be given one week's vacation with pay.
  3. Any employee who has five years or more continuous service on June 1st will be given two weeks' vacation with pay.
  4. Any employee who has fifteen years or more continuous service on June 1st will be given three weeks' vacation with pay, the third week thereof to be scheduled by his Department Foreman.
  5. The term "continuous service" as used herein shall embrace within its meaning that each employee must have received earnings in at least thirty-five (35) of the pay periods between the time limitations covering his qualifications for vacation.
  6. Vacation compensation will be computed on the basis of average straight time hours worked per week beginning with the first week's earnings received in May, up to and including the first week's earnings in May of the following year, but not to exceed forty-eight (48) hours per week or less than forty (40) per week. Such hours to be paid at the average straight time hourly earning rate for piece workers and the average hourly earnings for day workers, including night bonus, for the 52-weeks period mentioned above.
  7. Any employee who has served in the armed service of the United States and whose employment prior to entering the service was at the plant and who returns to work prior to June 1st and within ninety (90) days of his release from the armed services shall be entitled to receive the vacation pay he would have received had he been in the employ of the Company thirty-five (35) of the pay periods prior to June 1st. For the purpose of determining in the case of such veteran whether he is entitled to one, two or three weeks vacation, his seniority with the Company plus his period of service in the armed forces shall be counted.
  8. The vacation period shall be approximately the first two weeks in July except for employees of the Power Plant and Maintenance forces and others as may be necessary. The Company will arrange for vacations of these groups to be taken consistently on a seniority basis on consecutive days between June 1st and September 1st.
  9. The Company may elect to request employees to forego their vacations and accept, in lieu thereof, payment for their vacations or the equivalent thereof. In the event payments may be made in lieu of vacations, such payment will be made prior to the normal vacation period.

Pro-rata Vacations

  1. Any employee who has the required continuous service, but does not qualify by reason of receiving earnings in less than thirty-five (35) of the pay periods between the specified time limitations, may receive a pro-rata share of the total vacation he would otherwise be entitled to receive, providing he has earnings in at least twenty-six (26) of such pay periods.
  2. The pro-rata share as used herein shall mean that any employee with earnings in thirty-four (34) pay periods shall receive 34/35ths of his total vacation allowance, retrogressively down to an employee with earnings in twenty-six (26) pay periods, who shall receive 26/35ths of his total vacation allowance.
  3. Employees with earnings in less than twenty-six (26) pay periods shall not be entitled to any paid vacation.

Go ahead to: Part II: Production Plan V. Incentive System

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