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LETTER 17 Reallocation of Employees
Mr. James M. Parent Assistant Directing Business Representative District Lodge No. 26 I.A.M.A.W., AFL-CIO 365 New Britain Road Kensington, Connecticut 06037
Dear Mr. Parent: This is to confirm the following understanding and agreement between the Company and the Union concerning the interpretation and application of Article 8, Sections 4(c) and 10 as they pertain to the reallocation of employees in the presence or absence of a layoff. The parties agree that seniority shall be the governing factor for the purpose of selecting for a preferred shift. For the purpose of surveys, a preferred shift is the first shift or the third shift; there is no obligation on the part of the Company to survey an employee for preference for the second shift, however, any employee desiring placement on the second shift may make this fact known to the Company and such a request will not be unreasonably denied. In addition, and for surplus to need situations only, it is agreed that whenever an employee is required to change his or her shift, either in the business unit where he or she resides or in the business unit to where he or she will be transferred, he or she shall be entitled to displace a less senior employee in his or her code who resides on a shift preferred by the displaced employee. (a) Whenever the Company determines that in a business unit a surplus exists on a given shift and it intends to reallocate within the business unit, then: (1) The Company shall determine the number of employees surplus and the shift or shifts to which it intends to transfer those positions. Employees who are declared surplus shall be the least senior employees on the shift in the job code. (2) If any of the openings in (1) above are intended for the first or third shift, the Company will survey by seniority on the off shifts for preference to fill such openings. (3) Once preferred shift openings are filled, the Company will then move the remaining surplus employees to the shift where the need remains and such employees may opt to displace other less senior employees under the shift bumping provision outlined above. (b) In the event that it becomes necessary to adjust employees between business units within a seniority area, then: (1) The Company shall determine the business units and job codes where such surplus and need situations exist. Employees declared surplus shall be the least senior in the job code, without regard to shift. In readjustments of 100 employees or less, prior to forcing a less senior employee to move, the Company shall first survey more senior employees in the affected job codes for placement preference. (2) Survey for shift preference in the "need" business unit as outlined in (a) (2) above. (3) Transfer surplus employees to where the need now exists, again with shift bumping an option for employees who meet the requirements for this option. (4) In the event that there is more than one (1) "need" business unit, the determination of which business unit an employee is transferred to will be left to the discretion of the Company. (c) In the event there is a “need” situation in one seniority area, which could be filled by a “surplus” situation in a second seniority area, the following process will be followed in an attempt to use volunteers to resolve both situations in the most efficient manner possible: (1) The business unit with the “need” will define the “need” in terms of job code(s) and occupational group(s) and the number of openings. (2) The business unit with the “surplus” will define the “surplus” in terms of job code(s) and occupational group(s) and the number of surplus positions. (3) The business unit with the “surplus” will first survey more senior employees in the affected job codes, within the affected business unit for placement preference. (4) Employees who volunteer as a result of the survey and are transferred to the openings in the other business unit beginning with the most senior volunteer, may be required to take a demotion. If that is the case, their hourly rate of pay will be reduced in accordance to Article 8, Section 4(b). If there were an insufficient number of volunteers to fill the openings, the business with the surplus would then readjust the least senior employee(s) in the seniority area in which the business unit with the surplus resides.
Sincerely, James R. Miller Vice President, Industrial Relations Accepted this 6th day of December 2004
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