GENERAL PREAMBLE – The Company and Union have jointly negotiated language (Section 9.7) in the Collective Bargaining Agreement to investigate the utilization of a Compressed Work Schedule. This proposal has been jointly developed by a Company and Union representative for presentation and consideration by the Company and Union Negotiating Teams. It was developed as a working document designed to address the identified or prospective issues and concerns as well as to provide a framework to reach successful closure and agreement on trial of a Compressed Work Schedule.
Guidelines & Principles: It is understood that this agreement is being developed and implemented within the boundaries of the following principles and guidelines:
- Health & Welfare – Adoption of the Compressed Work Schedule should not adversely impact the health and welfare of the affected employees.
- Safety – The adoption of the Compressed Work Schedule can not have a negative impact on Safety Performance as measured by number or severity of incidents, injuries or accidents.
- Productivity – The adoption of the Compressed Work Schedule can not have a negative impact on Productivity of the individual departments or mill as a whole.
- Quality – The adoption of the Compressed Work Schedule can not have a negative impact on quality or usability of our product.
- Cost– It is understood that adoption of the Compressed Work Schedule will not measurably increase the labor costs for the Company or cause wage loss for the Affected Employees as a whole.
- Company and Union Rights – This agreement can not alter, dilute or diminish either Company or Union rights as defined in the CBA or established by past practice unless specifically identified, modified and agreed upon in this agreement. It is understood that this agreement does not establish precedence or modify the Company right to establish and maintain work schedules as defined in the CBA.
Terminology & Definitions: The following terms and conditions shall apply:
- Affected Employees – Rotating Tour Workers that would be working the Compressed Work Schedule as defined by this agreement. The terms of this agreement apply only to the workers working the new schedule.
- CBA – Collective Bargaining Agreement signed on February 17th, 2006 and set to expire on May 31st, 2011.
- Company – McKinley Paper Company
- Compressed Work Schedule – The Work Schedule as defined in this agreement consisting of 12 hour shifts and a new work schedule.
- Union – Association of Western Pulp & Paper Workers Local 155
Specific Conditions & Conditions of the Agreement:
Trial Conditions & Concern Resolution:
- The Compressed Work Schedule will be trialed for a one year period beginning on June 1st, 2009 and ending on or prior to May 31st, 2010. Provided we have a successful trial and there is interest on the part of both parties, the Company and Union agree to meet as the end of the trial period approaches to develop the final proposal for adoption of the Compressed Work Schedule as the standard work schedule for the rotating tour workers.
- The Union is responsible for communication and voting upon the proposal with the affected employees and notifying the Company of the results.
- The trial will be initiated on or about June 1, 2009 with notice of positive acceptance of the proposal by the Union Membership.
- Issues associated with or caused by the adoption of the Compressed Work Schedule will be discussed with the intent of reaching resolution by the Company and Union Negotiating Team. If the issue cannot be jointly resolved, either party can initiate a request to terminate the trial at the conclusion of the current eight week (8) rotation provided there are at least two weeks remaining in the current rotation. If there are less than 2 weeks remaining in the current rotation the trial will be terminated at the end of the next rotation.
- If the trial is terminated prematurely it is understood that discussion or trials of a Compressed Work Schedule will be suspended for a period of not less than two years from the time of termination.
- Penalty Payments will not be incurred as a result of the initial implementation or discontinuance of the Compressed Work Schedule. It is understood that individual or small groups of employees may be adversely impacted in regards to vacation, scheduled time off or pay by the adoption or discontinuance of the Compressed Work Schedule.
Schedule & Hours of Work:
- The work shift will be defined as 12 hours with a starting time of 7:00 a.m. and 7:00 p.m. The twelve hour shift times of 7:00 am to 7:00 pm, and 7:00 pm and 7:00 am will define a day as a period of twenty four hours beginning 7:00 am., and a week as a period of 7 calendar days beginning at 7:00 am Monday.
- The work schedule is defined and illustrated in Attachment A and consists of a modified two day shifts, two night shifts and four day off schedule.
- For the purpose of shift relief, no employee will be allowed to “punch in’ more than 15 minutes before the regular starting time.
Pay:
- Rates of Pay as published in the CBA in Section 8.6 will apply to all employees working the Compressed Work Schedule.
- Time worked during the first twelve consecutive hours will be paid at the straight time rate. Time worked in excess of the 12 continuous hours will be paid the overtime rate of time and one half. Time worked in excess of forty straight time hours in any work week will be paid at the overtime rate of time and one half. (Note: Intent as outlined in clause 8.3 of CBA applies to application of OT pay)
- Shift Differential: The Day Shift is paid the established rate of pay with no Shift Differential Pay. The Night Shift is paid the established rate of pay with a Differential Payment of $1.03 per hour.
Vacancies: For this trial to be successful it needs to be clearly understood by all parties that continuous and uninterrupted operation of required equipment and processes is a necessity. Compromised operations or curtailed equipment due to unfilled vacancies or availability of qualified personnel to fill the vacancies may result in termination of the Compressed Work Schedule Trial.
Filling Vacancies: The following procedures will be used as appropriate to the situation and cause for filling vacancies.
Unscheduled Vacancies – Unscheduled Vacancies will be filled as follows:
- Determine if the vacancy needs to be filled (see 19.8.2.5)
- On Shift Move Up
- Usage of Labor Pool or Extra Board Employee
- · Call Mate(s) on Days Off
- Call Qualified Individuals within Department on Days Off
- Call Qualified Individuals outside Department on Days Off
- Mate(s) on shift work over 4 additional hours
- If no relief can be secured using the above procedure, the Company is allowed to make any and all arrangements necessary to ensure continuity of operations, including but not limited to running with open positions or short handed.
UNSCHEDULED VACANCIES – When an Unscheduled Vacancy is caused by an employee leaving prior to the end of his scheduled shift the vacancy will be filled as follows:
- Determine if the vacancy needs to be filled (see 19.8.2.5)
- On Shift Move Up
- If there are 4 hours or less remaining, call mate due in next shift.
- Call Mate(s) on Days Off
- Call Qualified Individuals within Department on Days Off
- Call Qualified Individuals outside Department on Days Off
- If no relief can be secured using the above procedure, the Company is allowed to make any and all arrangements necessary to ensure continuity of operations, including but not limited to running with open positions or short handed.
SCHEDULED ABSENCES – Scheduled absences will be filled by:
- On Shift Move Up
- Usage of Labor Pool or Extra Board Employee
- Posting for Qualified Volunteer(s)
- Scheduling Qualified Employee(s) on their day(s) off
SCHEDULED SHUTDOWNS
- Posting for Qualified Volunteers
- Usage of Labor Pool or Extra Board Employee
- Scheduling Qualified Employees on their day(s) off
SCHEDULED SAFETY MEETINGS – Safety Meetings will be scheduled in advance with the incoming crew having their meeting at the start of the shift while the on-shift crew remains on duty until relieved at the conclusion of the meeting.
Vacations, Floating Holidays and Other PAID Time Off:
- Floating Holidays – Floating Holidays will be converted to equivalent time. Currently each employee receives 5 Floating Holidays for 40 hours of work time. Employees working the Compressed Work Schedule will receive 40 hours of schedulable time off. To schedule and take a Floating Holiday, the employee will use 12 hours of time for each Floating Holiday used. Remaining time can be banked from year to year or paid out to the employee.
In relation to Section 7.7 it is understood that each employee will be given 12 hours of schedulable Floating Holiday time for each Floating Holiday awarded under this provision.
- Vacation – Vacations will be handled in the following manner.
- Vacation will be scheduled days off to days off.
- Vacation must be taken in full week blocks of 48 booked hours.
- For Week 1 & 2 of Vacation the Employee will be paid 50 hours of pay for each week of vacation taken.
- For each Week 3 or greater the Employee will be paid at a rate 1.25 for each hour of vacation booked.
- Vacation weeks will be converted to bookable hours as follows:
If the Employee has X Weeks of Vacation Annually they will have Y hours
- One week of vacation (48) = 48 bookable hours
- Two weeks of vacation (48) = 96 bookable hours
- Three weeks of vacation (40) = 136 bookable hours
- Four weeks of vacation (40) = 176 bookable hours
- Five weeks of vacation (40) = 216 bookable hours
- Six weeks of vacation (40) = 256 bookable hours
- The employee can be scheduled to work during the first four days off by mutual agreement of the employee and the Company.
- Employees with 4 weeks or more of annual vacation may elect to use up to 36 hours of bookable vacation time (i.e. 3 days) as DAAT days. Hours would be deducted from the bookable hours credited to the employee.
- Employees with unused hours remaining from the current year vacation allotment are allowed to use Historical Hour Bank hours to form a full week of vacation to be taken in the current year.
- Vacation Banking – Employees will be allowed to bank excess or unconsumed hours (Vacation and Floating Holiday) to the Historical Hour Bank each year subject to the following:
- Historical Hour Bank – A maximum of 480 vacation hours and 40 Floating Holiday hours may be saved in the Historical Hour Bank. In the event that the employee has reached maximum bank size, unused hours will be paid out at the end of the appropriate year (vacation year).
- Payment of Hours Upon Use – Vacation hours will be paid at a multiplied rate of 1.25 when taken. Floating Holiday hours will be paid at a multiplied rate of 1.00 when taken. The employee may elect to cash out any or all hours in the Bank upon request. Hours will be paid at the appropriate rate depending on type of time (vacation or floating holiday) in the bank. The sale of banked hours is treated the same as the sale of the employee annual vacation or Floating Holiday entitlement.
- Usage: The following rules govern usage of Historical Bank Time.
- A maximum of two weeks per year (96 hours) may be withdrawn from the Historical Hour Bank annually for usage as vacation (Time Off). A maximum of one Floating Holiday (12 hours) may be created from banked Floating Holiday hours saved in the Historical Hour Bank annually for usage as an additional Floating Holiday. There are no annual limits on cashing banked hours from the bank when not taken as time off.
- Employees are allowed to mix hours (vacation and floating holiday) to form vacation weeks for usage as outlined above.
- Holiday Pay
- Holiday Pay for holidays will be compensated at 8 hours.
- Pay practices for work on a holiday will remain as implied in the CBA which in short is: Pay for hours worked on a holiday(s) will be paid at time and one half for the first 12 hours. Hours worked over 12 hours on a holiday(s) will receive an additional one-half time.
- Holiday hours will be adjusted to coincide with the starting shift time
- Jury Duty – Payment of Jury Duty will remain as currently specified in Section 24.1 to a limit of 12 hours per day and 40 hours per week.
- An employee will not be expected to work the 7:00 p.m. to 7:00 a.m. shift the night before he is to report for jury duty. If the employee then serves jury duty beyond 2:00 p.m., he will not be expected to work the 7:00 p.m. to 7:00 a.m. shift that night.
- An employee scheduled to work the 7:00 a.m. to 7:00 p.m. shift who is released prior to 10:00 a.m. from Jury Duty will be expected to call in that day as soon as practicable after his or her release and notify their supervisor. The supervisor will decide if his or her services are needed. If needed, he or she will report to work within a reasonable period of time.
- Funeral Leave – Bereavement leave will be compensated up to a maximum of 24 hours of pay. Terms and scheduling of bereavement leave remains as defined in Section 25.
- Call Time – Call Time will remain as defined in Section 13 with the following exception: Holiday Call Time (Independence Day, Christmas Day and Christmas Eve) will be paid at 4½ hours.
Other:
- Time Worked for Qualification of Benefits – Time spent on funeral leave, jury duty, union business and paid vacation will be counted at 12 hours per day for determination of benefits.
- Days off
- On the first day off the employee may work only the first four (4) hours or the last twelve (12) hours
- On the fourth day off the employee may work only the first twelve (12) hours or the last four (4) hours.
- Job Analysis – The conversion or adoption of the Compressed Work Schedule can not be used or considered as part of a Job Analysis application or justification on an application for Job Analysis.
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A.W.P.P.W. – Roger Schultz McKinley Paper – Tim Lane
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A.W.P.P.W. – Ryan Sage McKinley Paper – Peter Johnson
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A.W.P.P.W. – Tyler Medley McKinley Paper – Amy Dougherty
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