LETTER 29

Environmental, Health & Safety

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 understanding and agreement between the Company and the Union concerning Environmental, Health and Safety (EHS) employee teams and Company participation in the Voluntary Protection Programs (VPP).

The Company and the Union agree to continue to work cooperatively and proactively to provide a safe work place for its employees by prevention of accidents and environmental incidents, resolution of environmental, health and safety (EHS) concerns, and communication to enhance safety awareness.  An important factor in providing work place safety is active employee involvement in environmental, health and safety issues.

In an effort to foster employee involvement, the parties have agreed to the following process:

·        Each module center or similar organization will have an Environmental, Health & Safety (EHS) Council.  This body is primarily responsible for determining the direction of EHS activities within the organization.    Subcommittees will be created to work on key aspects of EHS and to make recommendations to the EHS Council.  The VEHS Co-chairs will be seated on this Council.  These subcommittees, (employee teams) will consist of hourly and salary employees and the Union will solicit and select bargaining unit employees to participate on these teams.  One or more Union EHS Representatives may be a member of each team.  The Chief EHS Representatives will be provided with Subcommittee meeting minutes.

·        The Manager, Environment, Health and Safety, the Chief Union EHS Representatives and the Directing Business Representative, or designee, will mutually agree on a consistent training program for team members.  Each team member’s skills will be evaluated and training, where necessary, will be provided in accordance with this training program and the team members’ specific team assignment.  Review and application of this program may be a subject of discussion at meetings of the Union Chief EHS Representatives and the Company site EHS organization.

·        The Connecticut VEHS Steering Committee, by mutual agreement will determine the training/program requirements of the VEHS team members and who will give said training.  VEHS trainers who have completed the train-the-trainer program, Union Safety Representatives and EHS professionals may conduct training for VEHS team members and others, as deemed necessary.

·        VEHS members will attend VEHS Subcommittee Training and VEHS Training Introduction.   It is also understood that proper training will be provided to employee volunteers before they become an active member of a new subcommittee.  This training will be mutually agreed to by the parties. 

·        Any contract trainers, e.g., IAM Crest, for VEHS related training will be determined by mutual agreement of the members of the Connecticut VEHS Steering Committee.

It is understood and agreed to by the parties that the hourly members may not serve on more than two committees unless there is mutual agreement by the parties (hourly employees will not conduct incident or workers’ compensation investigations).  Subcommittees existing as of the signing of this Agreement will continue to function as is unless changed by the site or module center EHS Council.  There shall be a standing subcommittee for ergonomics, audit and accident investigation in every module center or similar organization.  Other subcommittees, such as pollution prevention, communications and design/process review may be formed by EHS Councils as determined by the needs of the business. 

·        Training provided for EHS team members in accordance with the established training program, will be provided at the Company’s expense.

·        The Company will provide team members up to four (4) hours a month to attend EHS employee team meetings.

·        The Local Lodge Chief Union EHS Representative and Union EHS Representatives may, upon request, meet on a monthly basis with management representatives from the applicable module centers or similar organizations to discuss common issues experienced by the EHS employee teams.  The Company will pay up to two (2) hours a month for this meeting and an additional four (4) hours for a meeting among the Union Representatives prior to the Company-Union meeting.

The parties also agree to the following practices with respect to the operation of the VEHS teams:

·        VEHS Subcommittees will be co-chaired by hourly and salary employees and when issues arise in the committees they must be mutually-agreed by the co-chairs prior to any action.

·        All VEHS Subcommittees will operate according to standard guidelines established by the VEHS Steering Committee.

·        Tier I General EHS audits must be performed under VEHS Subcommittee guidance.

·        VEHS members may meet with their Union EHS Representative to discuss issues that arise within their subcommittee(s).

·        VEHS members are not responsible for representing the Union in the handling of EHS issues within the safety complaint procedure.

·        Once a member of a subcommittee, employees are responsible for notifying their supervisor of committee meetings and activities, with as much advanced notice as possible. Employees should be permitted to attend committee activities and meetings, unless there is a compelling production requirement in the employee’s cell or business unit. 

·        The Company will allow VEHS subcommittee members the necessary time to perform tasks required by a subcommittee approved plan.  In cases where the hourly members are required to attend meetings called by the subcommittee co-chairs, overtime will be paid for time spent outside their regular shift, if the member cannot change his or her shift hours in accordance with Article 12, Section 6.

·        The Company will supply a common office setting to be used by Union Safety Representatives and the VEHS members at each site.

·        The VEHS members shall be given access to E-Mail for the purpose of conducting VEHS Committee business.

·        Mutually agreed to costs associated with this program will be paid for by the Company.  This will be decided at the VEHS Steering Committee level.

To further support the joint VEHS activities, the parties agree to support the full time position of Chief EHS Representative for individual bargaining units.  Concerns regarding the administration or performance of these duties will be reviewed by members of the Executive Steering Committee. 

The full-time position of Senior Union Environmental Health & Safety Coordinator, appointed by the Directing Business Representative of District 26, or his or her designee, subject to the approval of the Company, will be continued during the life of this Agreement.  This person may be selected from the bargaining unit of any one of the affiliated Local Lodges 700, 1746 or 1746-A.  The selected employee will be paid his or her regular hourly base rate plus cost-of-living allowance during the period of his or her appointment.  In addition, overtime authorized by the Directing Business Representative, or his or her designee, and approved by the Vice President, Industrial Relations, will be paid at the applicable rate.

The Company will apply for the Voluntary Protection Programs (VPP), as authorized by Section (2)(b)(1) of the Occupational Safety and Health Act, and the Union is invited to participate in these programs.  The Union will support the Company’s intent to apply and participate in the VPP.

Sincerely,

James R. Miller

Vice President, Industrial Relations

Accepted this 6th day of December 2004