ARTICLE XVII General
95. 1. Request for leave of absence will be given individual consideration and forwarded to the Manager of Human Resources for review with the Plant Manager. The request may or may not be granted after the reasons for the request have been considered together with the effect of such leave of absence on the effectiveness and productivity of operations. Where it is practical to do so, however, the Company will make an effort to grant such request for leaves of absence not to exceed six (6) months. An extension of the leave may be granted by the Company. Such employee shall accrue seniority for the length of an absence.
mpany may, at its discretion, request such employee to submit a physical examination in order to assure
96. 2. Funeral Pay. The Company will grant time off with pay in the event of the death of a member of the immediate family. Immediate family is defined as father, mother, brother, sister, husband, wife, child, mother-in-law, father-in-law, daughter-in-law, son-in-law, grandchildren, grandparents, and grandparents of spouse if the grandpar to cover absence during the period between the death and through the day after the funeral up to a maximum of three (3) days in which the employee would
have been regularly scheduled to work. Twelve (12) hour shift employees will receive funeral pay up to a maximum of two (2) days in which the employee would have been regularly scheduled to work. The Company will grant one (1) ther-in- law or sister-in-law between the date of death and through the day after the funeral. The employee shall be paid at the rate she would have received had she worked her schedule.
97. 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 operations are introduced.
98. 4. Jury Duty. An employee called to jury duty shall be paid the difference between jury pay received and certified by the court and his current rate (base rate or training rate) in effect times eight (8) hours, if he can qualify under the following provisions.
a. Jury duty was on a day when he would have been scheduled to
b. Certification by the court as to pay received and hours in court is presented to the Company by the employee. c. Pay was received from the court.
Such day will not be counted as a day worked for the purpose of computing overtime pay.
An employee on jury duty who is scheduled for the second shift after court that day shall not report for work.
In the event an employee is called for jury duty, and is working the third shift, he shall not be required to work his last shift prior to his first day of jury duty and each subsequent day thereafter.
In the event an employee is served with a subpoena to appear as a witness in criminal court, he/she will be paid their current rate (base rate or training rate) if they are scheduled to work. If they receive pay in conjunction with their court ordered appearance, the difference between what they are paid and their current rate (base rate or training rate) will be handled as above.
99. 5. Effect of Invalidity. The provisions shall conform with Federal and State laws, Executive Orders, Directives, and official government interpretations of such laws, orders, and directives, but the voidance of any clause or clauses for reason
of illegality shall not affect the balance of this Agreement which shall remain in full force and effect.
100. 6. Division of Overtime. Overtime shall be rotated as fairly and equitable as possible among all employees in a department or section in which overtime work occurs unless such overtime work is of such nature that it can only be performed by specific individuals. The sole purpose of keeping overtime records shall be to aid in equitable distribution of overtime.
101. 7. Commitment to Equality. The Company and the Union agree that there will be no discrimination against or harassment of any employee because of race, color, creed, sex, national origin, religion or age. The Company and the Union further affirm their commitment to fair employment practices for the handicapped as defined in the Rehabilitation Act of 1973, and to veterans and disabled veterans of the Vietnam Era, as defined in the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Americans with Disability Act.
Both parties agree that ISP has an obligation under the ADA and therefore the right under this contract to take all actions necessary to comply with the ADA subject to the terms of the Collective Bargaining Agreement.
Wherever the masculine or feminine pronoun is used in this Agreement, it shall apply equally to males and females.
102. 8. Upgrading. When employees are assigned to higher rated jobs for four (4) or more hours, they shall be paid not less than the midpoint rate for the higher rated job to which they have been assigned for the full day.
103. 9. Overlap Pay. Time clocks will be installed in all Production and Utilities control rooms and all employees will be required to record their shift start and end times using these time clocks. These employees will be paid based on actual time shown on their timecards. This will include their shift worked time (normally 12 hours) and any approved scheduled overtime plus actual time required (up to a maximum of 0.15 hour) for proper shift relief information exchange in their process units.
104. 10. Outside Contractors. Where equipment and work force are available, maintenance work which has normally been performed by maintenance employees will not be contracted out in the event any of said maintenance employees should be working less than a normal work week or if such action would necessitate a reduction in the maintenance work force. It being subcontract work when the conditions set forth above are satisfied. Work that has been contracted out will be reviewed with the union on a regular basis.
105. 11. Temporary Military Service. Employees serving temporarily in Military Units under the jurisdiction of the U.S. Army, U.S. Navy, U.S. Marine Corps., U.S. Coast Guard, U.S. Air Force (Enlisted Reserve Corps and Reserve Officers Training Corps), and State National Guards shall, upon proper presentation of evidence of such service, be reimbursed for the difference in pay which they would have earned at straight time rate on their regular jobs and the base pay which they received for such service for a period not exceeding ten (10) work days.
106. 12. Union Leave. Employees serving as elected representatives of the union who are required to give full time to their union duties shall be granted one (1) term leave of absence and shall retain their seniority for one (1) term as though their employment had not been interrupted and their seniority rights and privileges shall accrue. This leave may be renewed upon application by the employee for an additional two (2) Terms.
An employee on a union leave shall continue to be enrolled in the medical and dental as well as any other applicable benefit described in this Agreement plan for two (2) terms only. Such employee shall pay the amount required of other employees in the bargaining unit who are enrolled in this plan.
The company will contribute to the IAM National Pension Fund for each year on leave for two (2) terms only.
107. 13. An employee who runs for and is elected to public office (Federal, State, County, or Municipal) will be granted a leave of absence for the period of his term of office. An extension of this leave will be granted by the Company upon written application by the employee, provided he still holds a public office.
An employee on an elected leave shall continue to be enrolled in the medical and dental plan as well as any other applicable benefit described in this Agreement if it is not provided by their current employer. Such employee shall pay the amount required of other employees in the bargaining unit who are enrolled in this plan.
Seniority rights for recall only shall accrue as though employment had not been interrupted during his first term of office. In future terms of office, seniority rights will be frozen. This leave will not be granted to more than two (2) employees at any given time.
108. 14. Successors & Assigns. The provisions of this Agreement shall be binding upon the Company and its successors and assigns, and all of the terms and obligations herein contained shall not be affected or changed in any respect by the
consolidation, merger, sale, transfer, or assignment of the Company of any or all of its property or affected or changed in any respect by any change in legal status, ownership, or management of the Company.
109. 15. Discipline and Discharge. The Company reserves the right to disciple or discharge any employee for just cause. Probationary employees may be discharged at the discretion of the Company without recourse.
110. 16. Plant Rules The Company will advise the Union in advance of changes to Plant Rules which will affect the Union membership. It is specifically understood that the Union may exercise recourse to the grievance procedure as to the reasonableness of newly implemented rules.
111. 17. Warning notices issued to employees by the company shall not be considered for disciplinary purposes after two (2) years.