2023-2027 Collective Bargaining Agreement

Article XIX: Laboratory Technicians Addendum

This online version is provided for convenience. The signed CBA PDF controls if there is any discrepancy.

ARTICLE XIX Laboratory Technicians Addendum

114. This addendum sets forth the terms and conditions of employment for the employees described herein. (All reference to Articles and Sections hereafter refer to this Agreement between the Company and the Union.)

115. Purpose

Article I.

116. Recognition

Pursuant to the election held February 24th and 25th, 1966 under the auspices of the National Labor Relations Board, Case No. 9RC6658 and to certification by said Board under date of March 7, 1966, Company hereby recognizes the Union as the exclusive bargaining agent for all laboratory technicians employed by the Company at its plant at

Calvert City but excluding all office clerical employees, all production and maintenance employees, all guards, watchmen, professional employees and supervisors as defined in the Act, and all other employees.

117. Department Steward

One (1) laboratory employee shall serve in the capacity of Committee Member and Steward.

118. Handling Grievances

Article II, Section C.

119. Management Rights

Article III.

120. Union Membership Article IV.

121. Hours of Work and Overtime

Article V.

122. Reporting Pay

Article VI.

123. Call In Pay

Article VII.

124. Holidays

Article VIII.

125. Vacations

Article IX.

126. Grievance Procedure

Article X.

127. Arbitration

Article X.

128. No Strike Clause

Article XI.

129. Seniority

Article XII Sections A,B,C,D, and I. (See Exhibit A for Sections E, F, G, H, J, and K.)

130. Posting Notices

Article XIII. There shall be one (1) bulletin board in the laboratory.

131.

Article XIV.

132. Insurance Benefits

Article XV.

133. Pension Plan

Article XVI.

134. General

Article XVII Sections 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. (See Exhibit A for Sections 3 and 6.)

Exhibit A

Article XII Section E

135. All laboratory employees who have attained seniority prior to the date of this agreement shall be assigned to this seniority unit and will take seniority therein on the basis of their most recent hiring date. Laboratory employees who not have attained seniority, or who will be hired subsequently will, upon attaining seniority, be assigned to .

where factors in (b) are relatively equal, length of continuous service will govern:

a. Length of continuous service. b. Occupational qualifications and ability to perform the work.

Article XII Section F

136. Temporary layoffs to due breakdown, shortage of materials, lack of orders, or causes of like nature not to exceed ten (10) calendar days may be made by the Company irrespective of any provisions of this Agreement. In such cases the Company will in lieu of layoff wherever possible reassign employees to other jobs within the laboratory or the plant during the period of such layoff. An employee may choose to be laid off rather than accept a lower rated job. When assigned to such jobs, the employee shall be paid the old rate of pay for the first thirty (30) days, after which the rate applicable to the new job shall be paid. However, if the employee is transferred to a higher rated job, he shall receive the higher rate of pay.

Article XII Section G

137. Permanent layoffs of more than ten (10) calendar days will not be considered temporary and in this case an employee will have the right to claim job security in the 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.

138. If it is necessary to reduce the work force in any job classification in the

seniority unit, then the following shall apply:

1. The least senior employee in the classification affected shall be removed and shall displace the least senior employee in the next lower job classification in the order of Technician in Research Classification and Quality Control Technician. In the event a laboratory employee does not have sufficient seniority, he may replace the least senior employee in Department B, Department C, Section 2, Department A, Section 3, or any probationary employee, providing he has the occupational qualifications and ability to perform the work. If accepted, he will be paid the starting rate of the classification.

139. Article XII Section H

When an opening occurs in the Laboratory, only a laid off laboratory technician will be recalled in accordance with her laboratory seniority.

140. Article XII Section J

The Company reserves the right to transfer employees from job to job and from area to area within the Laboratory in order to meet existing conditions and workloads. Individual seniority will prevail.

141. Article XII Section K

After it has been determined that a replacement is needed for a job vacancy or for a newly created job within the seniority unit, it shall be filled by a qualified employee. days. No postings on Friday. All postings will be removed at 4:00 PM on the tenth (10th) day after which no bidding will be permitted. All job awards will be posted on the be considered both internal and external (plant wide) at the same time, with the

understanding that any internal bidders will be awarded the job first. If no one bids internally, then the qualified external (plant wide) bidder will be awarded the job.

142. Quality Control Technicians must be topped out in their classification before being eligible to be set up to research classification, except that such Quality Control technician shall be accepted before hiring from outside the plant.

143. Laboratory employees may bid into Department A, Department B, chemical operator trainee, and Department C provided they have the occupational qualifications and ability to perform the work. Successful bidders upon transfer shall receive the minimum rate of the job classification. In any event not to adversely affect operations, the Company may limit the number of successful bids from the laboratory.

144. Article XVII Section 3, Work Performed By Supervisors

It is understood and agreed that employees classified as supervisors may perform work which is ordinarily done by hourly employees only when due to an emergency situation, or instructing new employees, or in the event new methods of operation are introduced. But nothing herein shall prevent a professional employee or equivalent from performing nonroutine experiments, e.g. checking routine results on samples previously analyzed by laboratory technicians, establishing or verifying new procedures on regular products, carrying out laboratory procedures of an exploratory or experimental nature, operating new equipment to perform standard analyses for the purpose of establishing new methods.

It is not the intent of the above examples to have professional employees displace technicians, but rather to set up a clear line of demarcation between routine and nonroutine experiments.

145. Article XVII Section 6

Overtime in the unit shall be rotated as fairly and equitably as possible among all employees in the same job classification groupings unless such overtime work is of such a nature that it can only be performed by specific individuals or classifications. The groupings which shall apply are as follows:

1. Quality Control a) Quality Control Technician b) Analytical and Instrumentation Technician 2. Research Technician

The sole purpose of keeping overtime records shall be to aid in the equitable distribution of overtime. A new employee in the grouping shall be credited with the average overtime of all employees in the grouping.