ARTICLE XII Seniority
Seniority rights shall be interpreted to mean and shall be based upon:
54. A. Length of continuous service with the Company effective as of the last hiring date.
55. B. Occupational qualifications and ability to perform the work. In cases where the above factors taken together have relatively equal weight, employees with the greatest service shall receive first consideration.
56. C. New employees hired after 1/8/15 shall be on probation for the first 180 calendar days. During this period, the Company may terminate their employment for any reason.
57. D. Seniority will be broken for the following reasons: 1. Discharge for cause. 2. Voluntarily leaving the Company. 3. Thirty four (34) months continuous unemployment. 4. Exceeds leave of absence granted by the Company. 5. Does not report for work on her regular shift on the fourth (4th) day after three (3) consecutive days of absence without satisfactory explanation to the Company. 6. Failure of laid off employee to: Notify the Company of intentions to return to work within two (2) days after date of delivery shown on return registered letter receipt; actually return to work within five (5) working days of date shown on return registered letter of receipt.
58. E. Separate seniority units will be established in the plant as follows. A seniority unit is defined as a section of a department.
Department
Section A Maintenance
1 R&M
2 Utilities
3 Laborers
B Production
1 North Area Control and HPVP
2 South Control and MVE Area
3 Batch (200, 315 and 334 Buildings)
4 Specialties 236 Bldg. and SRU
5 Gantrez Area, Building 240
6 Pilot Plant
C Materials
1 Tank Car Unloading/loading
2 Material Handling
Grandfather the former 2nd class operator at MVE. The next opening(s) that occurs in Utilities and MVE will be bid as a Chemical or Utilities operator.
59. All employees who have completed the probationary period of 180 days are then assigned to one of the above listed seniority units. Their seniority will be based on their most recent hire date.
60. Department A, Section 1 In the Maintenance Department there shall be the following six (6) classifications: 1. Pipefitter 2. Millwright 3. General Mechanic 4. Instrument/Electrical 5. HVAC-Refrigeration 6. Carpentry Craft
HVAC & Refrigeration related work shall be performed by Ashland Maintenance employees, and will be classified as a separate craft.
Qualifications for the position(s) will be determined by the Company, and will include journeyman HVAC-R status with the appropriate licenses and certifications, along with industrial HVAC-R experience.
The HVAC- they will be responsible for any and all overtime related to HVAC-R work.
The Company will provide the opportunity for the employee currently assigned to the HVAC activities (as of December 21, 2018) to obtain all necessary training, certifications, licenses, etc. to meet the required qualifications for the HVAC-R position or allow him to return to previous position.
61. A description of the type of work normally performed by the respective crafts shall be maintained in the separate document, referred to as the Craft Book.
When issues arise concerning work that is unclear in nature as to which craft should perform the work, a decision will be made by the Maintenance manager or his delegate, with input from the union, and the work shall proceed without interruption or delay.
A Craft committee, with equal representation from the company and the union, will meet as needed to obtain final resolution of craft related issues. If necessary, the plant manager and union president will assist in settling any dispute.
Maintenance Department Seniority
62. 1. Maintenance Department employees shall establish seniority in their classifications according to seniority, qualifications, and ability to perform the work. In the event that an employee should move from one classification to another, he shall accumulate seniority day by day in his old classification. Seniority in the new classification shall start upon entry into such classification and continue during his employment. However, if an employee voluntarily
returns to a former classification, seniority in the classification he leaves shall not continue to accumulate.
63. 2. In the event there is an opening in any classification within the Maintenance Department, the employees in the other classifications shall be considered for such opening in accordance with their seniority, qualifications, and ability to perform the work. An employee who is accepted in a classification has a trial period of up to thirty (30) days. During this period if the employee cannot do the work he may be returned to his former classification or may voluntarily return to his former classification. In either case, he will not be credited with seniority in the classification left during the trial period.
A. Craft persons who move to a position within the department that requires specialized/job specific training (vibration analysis, safety valve technician, NIR Analyzer Technician.) will be required to stay in that position for three (3) years.
64. 3. In the event of a layoff in the Maintenance Department, the employee with the least credited seniority in the affected classification shall be removed first. He then may displace the employee with the least seniority in the last classification that he worked provided he has the necessary seniority. If he cannot bump an employee in the last classification that he worked, he may displace the least senior in the next last classification that he worked providing he has the necessary seniority. Such employees who are removed shall be permitted to displace the least senior employee in the General Maintenance classification provided he has more plant seniority than the least senior employee in that classification. If their seniority does not permit them to displace an employee in the General Maintenance classification, they shall be permitted to exercise their plant seniority to return to the department from which they came. However, a Utilities Operator I, a Chemical Operator, a Tank Car Unloader, or a Technician in Research Classification may not be displaced.
65. 4. In the event of a layoff in the Maintenance Department, trainees will be considered as General Mechanics for seniority purposes.
66. Promotion in any seniority unit will be by department and where factors in (b) are relatively equal, length of continuous service will govern:
a. Length of continuous service. b. Occupation qualifications and ability to perform the work.
67. F. Temporary displacement due to breakdown, shortage or materials, lack of orders, or causes of like nature not to exceed (60) calendar days may be made by the Company irrespective of any provisions of this Agreement.
In such cases the Company will reassign employees to other jobs during the period of such displacement. When assigned to such jobs, the employee shall keep his normal pay rate.
68. G. Displacement of more than (60) calendar days will not be considered temporary and in this case an employee will have the right to claim job security in his seniority unit irrespective of shift and where factors in (b) are relatively equal, length of continuous service will govern in accordance with the following procedure:
a. Length of continuous service. b. Occupational qualifications and ability to perform the work.
69. Temporary Layoffs not to exceed ten (10) calendar days may be made by the Company irrespective of any provisions of this Agreement.
70. If it is necessary to reduce the work force in the Department, Section and Job Classification indicated below, and then the following applies:
Department A, Section I The employee with the least plant seniority in the Section affected shall be laid off.
Department A, Section 2 1. The Utilities Operator I with the least plant seniority shall be removed and shall displace the Utilities Operator II with the least plant seniority or, if none, shall be laid off. 2. The Utilities Operator II with the least plant seniority shall be laid off.
Department B 1. The Chemical Operator with the least plant seniority in the section affected must displace either (a) or (b) below if he has the necessary plant seniority:
a. The Packaging Operator with the least plant seniority in his own section b. The Chemical Operator with the least plant seniority in Department B.
2. If he does not have the plant seniority to replace an operator in No. 1 above, he must replace the least senior Packaging Operator in Department B if he has the necessary plant seniority.
3. The Packaging Operator with the least seniority in Department B shall be laid off.
When two or more employees lose their jobs simultaneously as a result of a reduction of the work force, the affected employees beginning with the most senior shall be given their choice of jobs to which the layoff procedure would entitle them.
In the event of layoff in Department B, the employee so affected may exercise his plant seniority in Department A (Section 3) or Department C. The affected employee must bump the least senior employee in Section 2, Department C or Section 3, Department A, if he has the necessary seniority and the occupational qualification and ability to perform the work.
In the event of layoff in Sections 1 & 2, Department A, the employee so affected may exercise his plant seniority in Department B, or Section 2, Department C, or Section 3, Department A. The affected employee must bump the least senior employee in Department B, or Section 2, Department C, or Section 3, Department A, if he has that necessary seniority and the occupational qualification and ability to perform the work.
Department C
1. The employee in Section 1 with least plant seniority shall displace the employee with least seniority in Section 2.
2. The employee with least plant seniority in Section 2, shall be laid off; however, if the employee was formerly a Technician, he may exercise his plant seniority to displace the Technician with the least plant seniority.
Except before an employee is laid off out of the plant, he shall have the option to bump the least senior employee in the plant up to and including a Packaging Operator if he has the seniority to do so. Department A, Section 1 and 2, are excluded.
An employee may choose to be laid off rather than accept a lower rated job.
Time lost through layoff of less than thirty four months (34) shall not ts. Accordingly, the employee shall receive credit for such time.
In the event of a layoff or situation that results in the need to bump, a displaced employee will receive the rate of pay they were receiving from their displaced job until they voluntarily bid on a job or the expiration of eighteen (18) months.
71. Regular employees will not be laid off while probationary employees remain on active payroll, maintenance employees excluded.
72. H. Recall Following Layoff. An employee laid off will be recalled in accordance with her plant seniority providing she has the necessary qualifications to perform the work, except no employee shall have recall rights to the Maintenance Department unless she was laid off from the Maintenance Department. Neither shall an emp
Employees who took a voluntary layoff may refuse a recall to a lower rated classification than their original job but will not be recalled to that or a lower classification again. If there is a job opening and people are laid off, the job will be filled by promotion or job bid. However, before the bidder is accepted, the layoff rolls will be re-viewed and if there is a person on layoff with more seniority than the senior bidder, the laid off person will be eligible for the job. Notification would be by registered mail if the person does not answ call.
73. I. Selection of Employees for Positions Out of Bargaining Unit. The selection of employees for positions not covered by this Agreement shall be made exclusively by the Company.
Employees transferred after this Agreement to supervisory or other positions not covered by this Agreement shall not forfeit any of their seniority accumulated in the bargaining unit prior to such transfer, with the understanding said employee will not displace any existing employee upon their return to the bargaining unit, provided said employee returns to the bargaining unit within one hundred fifty (150) calendar days after their transfer from the bargaining unit.
74. J. Transfer. The Company reserves the right to transfer employees from job to job and from one department or section to another in order to meet existing conditions and work loads. In the event that such transfers become necessary, seniority as defined below shall govern and control. No employee shall be reassigned to a job for which he does not have the necessary qualifications. An employee removed from his job shall be permitted to exercise his seniority in the following sequence:
1. Displace the least senior employee in his classification provided he has the necessary seniority. 2. If he cannot displace the least senior in his classification then he may displace the least senior employee in the classification below him in the operating floor provided that he has the necessary seniority.
3. If he cannot displace anyone in No. 1 and No. 2, then he may displace the least senior employee in his section provided he has the necessary seniority.
75. An employee may decline to exercise his seniority and take the assignment outside his section or the employee who cannot displace anyone will be assigned to the other section.
76. Any employee transferred from his regular section may be transferred back to his regular section during the same shift, but then may not be transferred out of his section again during that shift. Employees may be transferred within their seniority unit as needed.
77. Transferred employees shall receive the old rate for the first thirty (30) days, after which the rate applicable to the new job shall be paid. However, if an employee is transferred to a higher rated job, he shall receive the higher rate of pay.
78. K. When it has been determined that a replacement is needed to fill a job vacancy within the bargaining unit, it shall be filled by a qualified employee, if such is available, in the seniority unit where the opening occurs.
The job will be posted within the seniority unit by Thursday at noon through the following Wednesday at noon. o This time can be shortened by contacting each unit employee by seniority to determine their interest in the open position. o Records of employee contact for the job bids will be maintained in the area.
Once all internal moves have been completed, the remaining open position will be posted plant-wide. Internal job awards will be communicated directly with the affected individuals by the area clerk or front line leader.
When it has been determined that an opening exist for a newly created position within the bargaining unit, it shall be filled by a qualified employee, if such is available, in the seniority unit where the opening occurs.
The position will be posted within the seniority unit by Thursday at Noon through the following Wednesday at Noon. o This time can be shortened by contacting each unit employee by seniority to determine their interest in the open position.
o Records of employee contact for the job bids will be maintained in the area.
Once all internal moves have been completed, the remaining open position will be posted plant-wide. Internal job awards will be communicated directly with the affected individuals by the area clerk or front line leader.
Plant-wide postings will be made each week by Thursday at noon and will remain posted through the following Wednesday at noon. All plant-wide job awards will be made via plant email within three (3) days after the bid is awarded.
All new hires will be assigned jobs, based on their seniority, as permanent jobs become available. This will be done after the jobs have completed the plant wide bidding process. If multiple openings are available, the newly hired employees can pick from available jobs by seniority.
Tenure: All jobs/positions will have a minimum tenure requirement as follows:
a. Chemical Operators, Utilities Operators, Relief Operators & Tank Car Unloaders
forty eight (48) months for ALL moves
b. Packaging Operators
thirty six (36) months for ALL moves.
c. All other job classifications including new hire assignments
thirty six (36) months for external moves.
d. Exceptions to tenure requirements
production/utilities units (not shifts).
-traditional jobs.
Training Pay: All employees will be paid at the full rate for the first four (4) weeks then will be paid an hourly rate equal to seventy five percent (75%) of straight time full rate for the classification in which they are working until successful completion of their training & certification in the new position. Employees receiving training pay will be paid at the training pay rate for vacation* and holidays that occur during training. This training rate does not apply to newly hired employees in entry level packaging or entry level warehouse positions.
*Exceptions to the above mentioned vacations will be allowed for minimum 1 week duration vacations that were scheduled at least 6 months in advance and for any vacation required due to plant shutdown.
Individuals, other than Relief Operators, who do not successfully complete training within three (3) months for an awarded position will be placed in the next open packaging position, after said position has been bid plant wide. The individual will be paid at the packaging operator rate. These individuals will be required to complete a minimum of forty eight (48) months in the assigned position prior to bidding on subsequent postings.
Relief operators who do not successfully complete training for the initial job assignment any one job of an awarded position within three (3) months will be placed in the next open packaging position, after said position has been bid plant wide. The individual will be paid at the packaging operator rate. These individuals will be required to complete a minimum of forty eight (48) months in the assigned position prior to bidding on subsequent postings.
The following Material Handler Jobs in the warehouse and Employees in Material Handler positions before January 8, 2011
(2) Repack (2) 250 Locators (1) Hazardous Waste & Cycle Count (1) 201 Locator
48 months job tenure will apply to internal and external moves.
rate.
All packaging employees being paid more than any other packaging employees in the same job/position will be considered as Grandfathered packaging employees.
A Grandfathered employee loses the grandfathered status when successfully bidding on ANY position.
79. Each posting shall be numbered and shall include the position title, the starting hourly rate of the position, and the date and hour by which applications shall be submitted.
80. In case of a temporary job opening, said job will be posted and filled in the same manner as permanent job openings. Employees holding temporary jobs will automatically revert back to their regular job at the conclusion of the temporary
opening. The employees filling temporary job openings shall become permanent if the absent employee does not return to work. Employees holding temporary jobs may also bid on an internal or plant wide permanent job openings.
81. The following factors shall be recognized when considering a bid to fill a job vacancy:
1. Length of continuous service. 2. Occupation qualifications and ability to perform the work.
When factors in (2) are relatively equal, length of continuous service will govern.
82. In any event and for all jobs in the plant, in order not to adversely affect operations, the Company may limit the number of successful bids from any one seniority unit. 83. Employees may not new rate of pay will begin when the employee is moved to their new job.
84. In the event there are no applications submitted, or there are no applications approved due to two (2) factors above, the Company may fill the vacancy from any source.