ARTICLE 8

Seniority

Section 1.

(a)         In case of an indefinite layoff for lack of work, employees shall be laid off and recalled by noninterchangeable occupational groups within specified seniority areas in accordance with their seniority (length of continuous service with the Company since the most recent date of hire); provided, however, the employees in job grade levels designated as "I" (interchangeable) within a job family and seniority area shall be laid off and recalled in accordance with their seniority within such job family.

(b)       Pursuant to Letter 17, nothing herein shall preclude the Company from transferring an employee scheduled to be laid off from a job in one occupational group, job family and seniority area to a job in a different occupational group, job family or seniority area in which no laid-off employee retains seniority, nor from recalling without loss of seniority an employee laid off from one occupational group, job family or seniority area to a job in a different occupational group, job family or seniority area in which no laid-off employee retains seniority.  If the employee is transferred or recalled, his or her seniority thereafter shall be in the occupational group, job family and seniority area to which he or she transferred or to which he or she was recalled and he or she shall have no seniority in his or her former occupational group, job family or seniority area. 

Section 2.      The noninterchangeable occupational groups, the job families (including job grades designated as Level "I"), and the seniority areas mentioned in Section 1 have been mutually agreed upon and are incorporated and made part of this Agreement as Appendices "A" and "B" attached hereto.

Section 3.

(a)       Before new employees are hired in a given occupational group in a particular seniority area, the employees with seniority who are still laid off from that occupational group or job family in the area shall first be offered employment in that occupational group from which they were laid off or job family in jobs included in the "I" level at the then existing rate of pay for the job to which they were recalled in accordance with seniority.  Employees who remain in the same job family and were demoted as a result of a reallocation of employees in the presence or absence of a layoff and employees who were recalled to a lower grade job in the same job family shall be considered to be on the recall list for their former job as though they had been laid off at the time of their demotion for the period of seniority retention provided in Section 14 of this Article. Demoted employees with seniority retention rights, will be given the opportunity to return to their former job as openings become available in accordance with their seniority and before promotions are made to that job within their seniority area.

(b)       Employees on layoff will have ConnOps-wide recall rights by occupational group and job family. Recall shall be made in order of seniority from the pool of such employees on layoff without regard to the seniority area from which they were laid off.

Section 4.

(a)       When it is necessary to readjust personnel in conjunction with a layoff, employees shall be demoted as required in accordance with their seniority within each noninterchangeable occupational group; provided, however, that such demotions or lateral transfers to job grade level "I" shall be made within the employee's job family in their seniority area without regard to the noninterchangeable occupational groups within such job family. 

(b)       Any employee who suffers a demotion and who is currently paid at a rate above the maximum for the labor grade to which he or she is demoted shall have his or her wages frozen for a period of six (6) months from the effective date of the demotion before suffering any actual loss in wages.  Any subsequent reduction in wages shall be at the rate of $.10 per hour every sixteen (16) weeks until such time as the employee reaches the maximum rate of the lower labor grade.  Any employee who is demoted, but at the time of the demotion is paid at a rate less than the maximum rate of the lower labor grade, shall continue with his or her automatic progression until such time as he or she attains maximum rate.

(c)        Any shift imbalance in specific departments and ensuing reallocation of employees will be done in a manner which permits the more senior employees to be assigned to the shift of their preference.

Section 5.      Except in an emergency or for reasons or conditions over which the Company has no control, where there are general layoffs for an indefinite period, as much notice as is practicable, but not less than ten (10) days, shall be given in writing to the Shop Committee before the layoff.  A list will be supplied indicating the names of the employees scheduled to be laid off and their seniority status in relation to the remaining employees in the occupational group.  The Company on a monthly basis will provide to the Chairperson of the Shop Committee a list of the names of laid-off employees who exercised their right of recall.

Section 6.

(a)       An employee shall be considered a probationary employee for the first ninety (90) days of his or her employment, and thereafter his or her seniority shall be from his or her most recent date of hire.  In the case of probationary employees, there shall be no seniority rating nor responsibility upon the part of the Company for continuous employment nor for reemployment if laid off before the completion of their continuous probationary period.  It is understood and agreed that during such probationary period, layoff or discharge shall be left to the discretion of the Company.

(b)       In the case of an indefinite layoff for lack of work, probationary employees in the occupational group or job family in the seniority area affected by the layoff shall first be terminated.

Section 7.

(a)       No employee shall be eligible by reason of his or her seniority to be recalled to a higher-rated job as a result of layoff except where the job held by the employee at the time of layoff has been upgraded or where the essential elements of that job have been combined with another and the resulting job is of a higher labor grade.  In all such cases, the employee shall have recall rights to the higher-rated job.   However, nothing shall preclude the Company from offering an employee the opportunity to be recalled to a higher-rated job.

(b)       Laid-off employees who were previously demoted under the conditions defined in Section 4(a) of this Article and who would have been considered to be on the recall list for their former job, as defined in Section 3 of this Article, may be offered recall to their former job in accordance with their seniority retention, as provided in Section 14(c) of this Article.

(c)        No employee shall be eligible by reason of his or her seniority to be transferred to a higher-rated job as a result of layoff.

Section 8.      Whenever promotions are made to higher-rated jobs other than to supervisory jobs, they shall be made as follows:

(a)       Whenever promotions are made to higher-rated jobs, except as provided in 8(b) below, they shall be made on the basis of the most senior qualified employee in the line of progression in the occupational group in which the promotion is made.

(b)       Whenever promotions are made to the highest labor grade in the occupational group and all working leader positions, they shall be made on the basis of the coequal standards of seniority, ability and fitness of the employee.

(c)        It is understood that the employees who may file a grievance concerning such a promotion, as defined within this Section, are those assigned to the business unit in which the promotion occurs, or in the business unit from which the promotee was transferred.

(d)       All promotions will be made on shift.  In the event that such promotions create an imbalance, the resulting imbalance will be adjusted as provided by Letter 17 of this Agreement.  This provision shall not apply for promotions to working leader or promotions resulting from job posting.

Section 9.

(a)       Temporary layoffs due to lack of work not to exceed thirty (30) days may be made by the Company irrespective of any provisions of this Agreement.  In such cases the Company will, in lieu of layoff whenever possible, reassign employees to other jobs during the period of such layoff.

(b)       Selection of employees for such temporary layoffs will be made by taking volunteers in seniority order, beginning with the most senior employee in the affected classifications by department by shift.  In the event that an insufficient number of employees volunteer, then in reverse order of seniority in the affected classifications by department, by shift, the Company will notify the least senior employees that they will be temporarily laid off.  An employee shall not be temporarily laid off under this Section more than once until all other employees in the same classification in the department affected shall have been temporarily laid off once under this Section.

(c)        If there is a series of such temporary layoffs, the Company will so far as it is practicable make an equal distribution of such lost time.

(d)       While on such temporary layoff, employees shall continue to accrue their seniority, pension credits, and the Company shall continue to provide coverage for their health and dental insurance.  In addition, it is agreed that such layoffs will not affect vacation pay, sick pay, service awards, incentive vacation, life insurance coverage, automatic wage rate progression increases, eligibility for job posting or apprenticeship programs, educational assistance and Employee Assistance Programs.  It is further understood that employees affected by temporary layoffs will not be denied any of the contractual benefits provided under the terms of this Agreement.  Upon return to work, the employees shall be returned to the job they held at the appropriate rate of pay and on the shift where they worked at the start of such temporary layoff.

Section 10.    The Company will survey employees for transfer to a preferred shift.  Such transfers will be made on a seniority basis within a business unit. 

Section 11.

(a)       If any person is transferred from any plant or facility operated by Pratt & Whitney (Government Engine Business) or by UTC Fuel Cells, LLC, or any Hamilton Sundstrand unit represented by Local Lodge No. 743 of the I.A.M.A.W. into the bargaining unit covered by this Agreement, or from one noninterchangeable occupational group or from one seniority area to another noninterchangeable occupational group or area within the bargaining unit, his or her seniority in the bargaining unit shall include his or her total length of continuous service with Pratt & Whitney (Government Engine Business) or UTC Fuel Cells, LLC, or any Hamilton Sundstrand unit represented by Local Lodge No. 743 of the I.A.M.A.W. except as provided in (c) of this Section.

(b)       If any bargaining unit employee is hired from any plant or facility operated by Pratt & Whitney (Government Engine Business), Hamilton Sundstrand or UTC Fuel Cells, LLC, which are represented by the I.A.M.A.W., or Sikorsky Aircraft represented by IBT Local Union 1150, and such person retains recall rights, his or her seniority in the Pratt & Whitney (Connecticut Facilities) bargaining unit shall be established at the date of hire for purposes of layoff, promotion and shift transfer.  His or her Hamilton Sundstrand, UTC Fuel Cells, LLC, or Sikorsky Aircraft seniority date will be used for health and welfare benefits and those relating to sick and personal time and vacation eligibility.

(c)       For the purposes of layoff only, and except as provided in Sections 1(b) and 4(a) of this Article, an employee promoted, demoted or laterally transferred from one noninterchangeable occupational group or from one seniority area to another shall have his or her seniority transferred to the noninterchangeable occupational group and seniority area to which he or she is transferred ninety (90) calendar days after the date on which the transfer becomes effective.

Section 12.

(a)               Upon written application by the Union, the Company will grant a leave of absence of not less than one (1) year to any employee who enters the employ of either the local Union or the International Association of Machinists and Aerospace Workers.  Such leave of absence shall terminate automatically if the employee's assignment by the local Union or the International Association of Machinists and Aerospace Workers is to any organization other than a local Union which represents the employees of a plant of the Company.  This provision shall not prevent a necessary and temporary short-term assignment to a local Union which does not represent employees of the Company, where advance notice of such assignment is given to the Company.  The resultant reassignment shall not, absent mutual agreement, exceed twelve (12) calendar weeks in any contract year.  An extension of such leave for an additional period shall be granted upon written application made prior to the expiration of such leave of absence.

During such leave of absence such employee shall be considered to head the seniority list in the occupational group in which he or she worked immediately before the beginning of his or her leave for the purpose of layoff consideration.  It is understood and agreed that such an employee will not accumulate Continuous Service Credits for the purpose of computing Pension benefits under the Company's applicable Plan during such a leave of absence or any extension.

(b)       If an employee who has been granted such leave of absence reports for work at the beginning of the first regular workday after the termination of such leave, he or she shall be reemployed on the same general type of work which he or she did last prior to his or her leave at the wage rate existing in the plant at the time of his or her return for the job on which he or she is reemployed.

(c)        During such leave of absence, such employee shall accumulate his or her seniority.  His or her reemployment shall be subject to the condition that he or she is able to perform the duties required of him or her and that he or she would have retained his or her seniority under this Article had he or she been in the employ of the Company during the period of his or her leave of absence.

Section 13.    A salaried employee who once held a bargaining unit position may be returned to the bargaining unit to a job that has been posted and not filled from within the bargaining unit; provided, however, that such employee will return to the bargaining unit without seniority for all purposes other than benefits.

Section 14.    An employee shall lose his or her seniority rights under any one of the following circumstances:

(a)       If he or she resigns.

(b)       If he or she is discharged for just cause.

(c )       If the employee is laid off or continuously absent from work for any other reason, he or she shall retain seniority rights as follows:

(d)       If he or she fails to report to work within five (5) working days after due notice by the Company to the employee's last known address to return to work after layoff, or fails to give reasons satisfactory to the Company within such five (5) days for not reporting to work.

Section 15.    For all purposes, other than layoff, the seniority rights of the members of the Union Shop Committee, President, Vice President, if employees, and Shop Stewards, Senior Union EAP Coordinator, Union EAP Coordinators, Senior Union Training Coordinator, Union Job Evaluation Specialist, Chief EHS Representative, Senior Union EHS Coordinator, and Union EHS Representatives shall be exactly the same as the seniority rights of all other employees except as provided below:

(a)       In the case of layoff, and for the sole purpose of maintaining Union representation at the time of layoff, members of the Union Shop Committee, the President, Vice President, Senior Union EAP Coordinator Union EAP Coordinators, Senior Union Training Coordinator, Union Job Evaluation Specialist, Senior Union EHS Coordinator, and Chief EHS Representative, if employees, shall, during their term of office, head the seniority list in their occupational group and job family, and will not be laid off until all other employees in their labor grade (or lower labor grade) in their respective occupational group and job family have been laid off.

(b)       In the case of layoff, and for the sole purpose of maintaining Union representation at the time of layoff, Shop Stewards shall, during their term of office, head the seniority list in their occupational group and job family, in their steward area, and on their respective shift, or in the case of Union EHS Representatives in the area for which they are responsible, and will not be laid off until all other employees in their labor grade (or lower labor grades) in their occupational group and job family, in their steward area, or in the case of Union EHS Representatives in the area for which they are responsible, and on their shift, have been laid off.

(c)        A Shop Committeeperson or a Shop Steward will not be transferred or promoted to a job outside of his or her Committeeperson or Steward area unless he or she notifies the Company in writing that he or she wishes to be considered for such a job during which time he or she shall maintain his or her position as a Committeeperson or Shop Steward; or unless there is no job of the same or lower labor grade in his or her occupational group in such area which he or she is qualified to perform; or except in the case of an emergency; or unless his or her department is being transferred to another location outside such area.  

Section 16.

(a)       Severance pay allowances shall be paid to employees who are laid off for an indefinite period.  To be eligible for any severance pay allowance, an employee must have at least ninety (90) days seniority as of the day preceding the layoff.

(b)       Severance pay allowance shall be calculated on a weekly basis (the employee's normal workweek at the time of the layoff) and each week's pay allowance shall consist of forty (40) times the employee's base hourly wage plus cost-of-living allowance (excluding any shift or other premium pay) which the employee was paid for the last day of work preceding layoff.

(c)        Severance pay allowance shall be paid weekly to an eligible, laid off employee beginning on the second payday following the date the employee is laid off.

(d)       The number of weeks for which an employee shall receive severance pay allowance shall be governed by the employee's seniority on the day preceding layoff as follows:

(e)               No employee, however, shall be paid a severance pay allowance for any week following the date the employee is recalled to work from a layoff.

 (f)       No employee shall be paid the severance pay allowance more than once during this contract period; provided, however, if the total severance pay allowance to which the employee was entitled under (d) above was not paid him or her during this contract period because of his or her recall from layoff, such employee who is again laid off during this contract period shall again be eligible for severance pay allowance but only for the number of weeks for which his or her total severance pay allowance was not paid because of his or her recall from layoff.

(g)       No severance pay allowance will be paid to any employee who is laid off because of an act of God or a natural emergency or because of a strike at a facility of a major supplier of necessary parts.

(h)       Medical and dental insurance coverage will be provided at no cost to eligible laid off employees for the same number of weeks they are eligible to receive severance pay, except that all employees eligible for severance pay will receive at least one (1) month of paid medical/dental insurance coverage.

(i)        The Company, in conjunction with the Union, will provide services designed to assist employees who are scheduled to be laid off such as: outplacement counseling, unemployment counseling, etc.

(j)        The Company agrees to make available Employment Retraining Assistance to employees who are laid off.  To be eligible, employees must have at least one (1) year of continuous and active service at the time of layoff.  Retraining may not extend beyond two (2) years following the date of layoff.  Participants shall be compensated 100% of all tuition and academic fees, not to exceed a maximum of $2,500.  This program shall cease immediately upon full-time employment with another employer.  However, the Company agrees to pay for any course in progress at the time of such reemployment, subject to the conditions outlined above.

Section 17.

(a)       In the event the Company transfers any part of an operation, cell, or department between plants or within a plant covered by this Agreement, the affected employees in the affected operation, cell, or department where the work was being performed for 90 calendar days prior to the initial transfer of employees, equipment, or work, will be given the opportunity to move with that work.

(b)       In the event that such affected employees decline to exercise an offer to move with the transferred work, any resulting imbalance in the work force shall be adjusted as provided elsewhere in this Article.