International Association of Machinists Motor City Pension Fund

EIN/Plan #: 38-6237143/001

Checklist Item #37 – 7.07 Excerpts from the Current Collective Bargaining Agreements

Does the application include the required excerpts from the relevant collective bargaining 

agreements and side agreements?

See section 7.07. 

Document 37.1 provides a copy of the relevant portions of the current collective bargaining 

agreements between each of the employers and the Mechanics Motor City Lodge No. 698, 

District 60, International Association of Machinists and Aerospace Workers (the “Union”). 

At the time of the filing, no side agreement or participation agreement had been entered 

between the collective bargaining parties.
Document 37.1

Excerpts from the Current

Collective Bargaining Agreements

The agreements below for each employer are on the page numbers noted:

• Faygo Beverages, Inc. – pages 37.2 to 37.61

• George P. Johnson Company – pages 37.62 to 37.80

• Penske Truck Leasing Company – pages 37.81 to 37.117

• USF Holland – pages 37.118 to 37.186

• YRC Freight/Holland – pages 37.187 to 37.18

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37.61
CONTRACT

Between

GEORGE P. JOHNSON COMPANY

AUBURN HILLS, MICHIGAN

And

INTERNATIONAL ASSOCIATION OF MACHINISTS 

AND AEROSPACE WORKERS, AFL-CIO

MECHANICS MOTOR CITY LODGE NO. 698

For the Period of July 1, 2012 through June 30, 2015

37.62
ARTICLE TITLE PAGE

 PREAMBLE 3 

I APPROPRIATE UNIT 3 

AGREEMENT 3 

II RECOGNITION 4 

III UNION REPRESENTATION 5 

IV CHECK-OFF 6 

V HOURS OF WORK 6 

VI WAGE PROVISIONS 7 

SCHEDULE A 7 

VII RETROACTIVITY 8 

VIII VACATIONS 8 

IX SENIORITY 9 

X DISCIPLINARY ACTION AND DISCHARGE 10 

XI GRIEVANCE PROCEDURE 10 

XII LEAVE OF ABSENCE 12 

XIII REST PERIODS 14 

XIV INSURANCE HEALTH AND WELFARE 14 

XV BULLETIN BOARDS 16 

XVI SUCCESSION 16 

XVII BARGAINING UNIT WORK 17 

XVIII DURATION 18 

SCHEDULE "A” 19 

37.63
A G R E E M E N T

This is an Agreement between GEORGE P. JOHNSON COMPANY, hereinafter referred to 

as the "Employer" or "Company," and MECHANICS' MOTOR CITY LODGE NO. 698, 

I.A.M. & A.W., hereinafter referred to as the "Union”.

PREAMBLE

It is the general purpose of this Agreement to promote the mutual interests of the 

Company and its employees and to provide for the operation of the Company's business under 

methods which will further, to the fullest extent possible, the safety of the employees, economy 

and efficiency of operation, elimination of waste, realization of maximum quantity and quality 

of output, cleanliness, protection of property and avoidance of interruptions of production. The 

parties to this Agreement will cooperate fully to secure the advancements and achievement of 

these purposes. 

It is the further intent and desire of the parties hereto to establish an orderly 

relationship between the Company and the employees so that grievances and complaints will be 

settled quickly. 

ARTICLE I

APPROPRIATE UNIT

Section 1. The appropriate unit for the purpose of collective bargaining under this Agreement 

shall consist of the following classification: Maintenance, (Auburn Hills facility) excluding 

Supervisors and all other employees not specifically included. The Employer recognizes 

the Union as the sole and exclusive bargaining representative of all employees in the 

appropriate unit described herein. 

AGREEMENT

THIS AGREEMENT, made and entered into as of the lst day of July, 2012, by and between 

the GEORGE P. JOHNSON COMPANY, hereinafter referred to as the "Company” and 

Mechanics’ Motor City Lodge No. 698, IAM & AW, District Lodge No. 60 , hereinafter 

referred to as the “Union.” 

WHEREAS, it is the sincere desire of the parties to this Agreement that every possible means 

be continued and improved toward maintaining cordial and satisfactory relations between the 

Company and the Union and toward the advancement of mutual interest of both parties. 

37.64
NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties 

hereto, it is agreed as follows:

ARTICLE II

RECOGNITION

Section 1. The Company recognizes the Union as the exclusive representative for all 

classifications of employees listed for purposes of collective bargaining in respect to rates of 

pay, hours of employment or other conditions of employment in Article I, Section 1 as the 

appropriate units and agrees not to bargain with any other group or agency during the life of 

this Agreement.

Section 2. It shall be a condition of employment that all employee s of the Employer covered 

by this Agreement who are members of the Union in good standing on the effective date of 

this Agreement or the date upon which this Agreement is signed, whichever is later, shall 

remain members in good standing and those who are not members on the effective date of this 

Agreement or the date upon which this Agreement is signed, whichever is later, shall, on the 

thirty-first (31st) day following the effective date of this Agreement or the date upon which 

this Agreement is signed,.whichever is later, become and remain members in good standing in 

the Union. It shall also be a condition of employment that all employees covered by this 

Agreement and hired on or after its effective date or the date upon which this Agreement is 

signed, whichever is later, shall, on the thirty-first (31st) day following the beginning of such 

employment become and remain members in good standing in the Union; and in the event an 

employee covered by this Agreement shall refuse and fail to become a Union member, the 

Employer shall terminate said employee's employment, and in the event the Employer fails to 

do so, said Employer shall pay to the Union the amount of Union dues'and initiation fees that 

would have been paid by said employee during the period employed by this Employer, from 

the date upon which said employee would be required to join the Union and pay dues and 

initiation fees, this sum is not and shall not be regarded as a penalty, but as liquidated 

damages.

Section 3. In the hiring of employees to fill job vacancies in any of the classifications set 

forth in this Agreement, seniority employees shall be given preference and new hires 

(employees) shall be procured, subject, however, to the following conditions: 

(a) Selection of applicants by the Union for referral to jobs shall be on a nondiscriminatory 

basis and shall not be based on or in any way affected by Unioin membership, By-Laws, 

rules and regulations, constitutional provisions, or any other aspect or application of Union 

membership policies or requirements. 

It is further agreed that reasonable standards or criteria for making of referrals will be 

adopted and that such standards or criteria will be consistent with the terms of this 

Agreement and applied on a uniform basis. 

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(b) The Company retains the right to reject any job applicants referred to it by the Union. 

However, in the event the Company rejects any applicant so referred, it agrees to notify 

the Union thereof and also to reimburse such rejected applicant for any expenses 

incurred by him/her in connection with the referral. 

(c) The parties to this Agreement shall post in places where notices to employees and 

applicants for employment are customarily posted all provisions relating to the functioning 

of hiring arrangements. 

Section 4. All employees working for the Company and within the jurisdiction of this 

Union, shall become Union members, in the event they are not already Union members after 

the thirty-first (31st) day from their date of hire or thirty one (31) days after the execution of 

this Agreement, whichever date is later, and in the event an employee falling within such 

classification shall refuse and fail to become a Union member, the Company shall terminate 

said employee's employment and in the event the Company fails to do so, said Company 

shall pay to the Union the amount of Union dues and initiation fees that would have been 

paid by said employee during the period employed by the Company subsequent to thirty-one 

(31) days from the date of his/her hire or after thirty-one (31) days from the date of the. 

signing of this Agreement, whichever date is later. This sum is not and shall not be regarded 

as a penalty but as liquidated damages.

ARTICLE III

UNION REPRESENTATION

The union shall be represented on the premises of the Company by one (1) steward, 

for the shop, who shall have seniority, and who shall be selected in any manner the Union 

desires.

The Shop Steward, by virtue of his position, shall have greater seniority than any 

other employee covered by this Agreement, in his classification or a lower classification, for 

layoff purposes only, provided he is qualified to perform the duties of the classification. 

The Union shall serve upon the Company a written notice listing the Union Steward 

and Business Representative. The authorized representatives of the Union shall he permitted to 

enter the Employer's premises during normal business hours. 

During the course of the Agent's visit it is agreed that he shall engage in no 

solicitation while on the premises for shall his presence cause any interruptions or disturbances 

of the Company's operation. 

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ARTICLE IV

CHECK-OFF

Section 1. The Company will deduct from the first pay of each month the Union dues, 

initiation fees and other assessments of each employee covered by this Agreement for whom 

the Company has signed authorizations. 

Section 2. The Union will furnish the Company with a check-off list in duplicate each 

month, indicating thereon the amount due for each employee. The Employer shall add to the 

check-off lists furnished by the Union the names, addresses, social security numbers and dates 

of hire of all employees that would be in the appropriate units as defined in Article I, Section l 

and whose names do not appear on the check-off lists furnished by the Union. One copy of the 

check-off lists furnished by the Union shall be returned with the stipulated amount and the 

additional amounts due for the added employees to the Union prior to the fifteenth (15th) of the 

month in which deductions were made. 

Section 3. When employees are transferred to excluded classifications, the Company will 

give the Union a written notice of such transfers within a reasonable time from the date of 

transfer.

ARTICLE V

HOURS OF WORK

Section 1. The work week will start at 12:01a.m. on Sunday and shall continue through 12:00 

midnight on Saturday. Eight hours shall constitute a standard work day and forty (40) hours 

shall constutute the standard work week. 

Section 2. Time and one-half the regular rate of pay shall be paid for all work performed in 

excess of eight (8) hours in any one (l) day or forty (40) hours in any one (1) week. 

Section 3. All work performed between the hours of 12:01 a.m. and 12:00 p.m. midnight on 

Saturdays shall be at time and one-half (1-1/2) regular hourly rate. 

Section 4. All work performed between the hours of 12:01 a.m. and 12:00 midnight on 

Sunday shall be at double the regular hourly rate. 

Section 5. The employees shall be paid double (2) time for all holidays worked and in 

addition thereto, shall receive the holiday pay. Holidays are set forth in Section 6 below. 

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Section 6. The following days shall be observed as paid holidays regardless of the day in 

the week in which the holiday falls. 

New Years Day; Martin Luther King Jr.'s Birthday; Good Friday; Memorial Day; 

Independence Day; Labor Day; Thanksgiving Day; Christmas Day; Day before 

Christmas; and Day after Thanksgiving; (or days legally observed as such). 

No work shall be performed on Labor Day except by special permission of the Union. 

(a) In order to be eligible for holiday pay an employee must work the last scheduled work 

day before the holiday and his/her first scheduled work day after the holiday, to include 

manditory work on Saturday or Sunday when notified by noon of the previous day. 

Section 7. If a holiday (as defined under Section 6) falls on a day the Company is not 

regularly open for business, or if it falls on an employee's regular day off, the employee shall be 

paid for the holiday and shall not be required to take off without pay an additional day during 

the week.

Section 8. Holidays shall be counted as days worked for the purpose of computing overtime. 

Section 9. All overtime work shall be distributed in each department among all employees in 

a manner which will give each employee an equal share of overtime so far as is possible.

Section 10. Employees shall be required to notify the Company in case they are unable to 

report for work. They should notify the Company within the first two hours of the shift starting 

time of the day they are unable to work. 

 Section 11. An employee who absents himself from his employment and does not notify the 

Company within twenty-four (24) hours as to the reasons for his/her absence shall be 

considered as having voluntarily quit his/her employment. 

ARTICLE VI 

WAGE PROVISIONS

Section 1. The Wage Schedule shall be part of and supplementary to this Agreement. 

SCHEDULE A 

Section 2. It is agreed that the wages outlined in the supplement shall be regarded as the 

minimal and shall in no way be construed to interfere with the employees receiving higher than 

the prevailing scale for unusual skill, superior knowledge, length of service, at the discretion of 

management.

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ARTICLE VII

RETROACTIVITY

Section 1. Any retroactive pay due the employees under this contract shall be as set forth 

in the Wage Schedule Supplementary to this contract designated as Schedule "A". 

ARTICLE VIII

VACATIONS

Section 1. Employees will earn paid vacation time via an accrual for every straight time 

hour worked during the employees preceding anniversary year, per the chart below. The 

vacation that is accrued during the eligibility year will be taken and paid in the subsequent year 

to any active employee starting on the employees anniversary date. There will be no carryover 

of vacation time from year to year. Accrued and unused vacation time, shall be paid at time of 

layoff or next payday after their anniversary date whichever is sooner. Employees receiving a 

payout due to layoff will be entitled to take unpaid vacation time if/when they return to work 

only in the “usage year”, once an employee reaches their anniversary date the employee shall 

have no further rights to take or carry over the unused days.

Number of Years with (1500) 

Straight Time Hours Worked

Maximum Amount of 

Annual Vacation 

Hourly Accrual 

Rate

1-3 40 Hours 0.0267

4-7 80 Hours 0.0533

Greater than 7 120 Hours 0.0800

Section 2. All accrued vacations and holidays will be paid by the Company when 

employment is severed.

Section 3. A week of vacation pay will be equal to forty (40) hours straight time pay. 

Section 4. There is to be no deduction or loss of vacation if an employee for reason of

Medically certified illness up to a maximum of sixty (60) days absence from work. 

Section 5. If a paid holiday occurs during the vacation period of any employee, (in effect it’s 

the intent of the parties that such paid holiday would not be counted as a vacation day), such 

employee shall receive an additional day's vacation with pay for each holiday. 

Section 6. Employees who terminate their employment for any reason whatsoever, except 

those employees whose discharge or resignation is attributable to misappropriation of funds, 

will receive accrued vacation pay when they are severed from their employment.

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Section 7. Employees must provide a two week (14 Days) advance notice when scheduling 

vacation time. All vacation requests must be submitted in writing, submitted to the appropriate 

personnel and approved prior to the commencement of the vacation. Emergency vacation 

requests will be considered and approved at the sole discretion of Management. All vacation 

requests will be approved and scheduled on a “first come first served” basis. 

ARTICLE IX

SENIORITY

Section 1. Seniority shall accrue from the first day the employee began work at the job site.

Section 2. In the event it becomes necessary to lay-off employees working on a job site 

because of lack of work or to rehire employees who have been laid off, the following factors 

will be considered: 

(a) Seniority.

(b) Ability to perform the job.

 (c) Minimum notice of four (4) hours will be given to employee and steward verbally. 

Strict seniority shall govern among employees who have the ability to perform the job and the 

oldest employee with the longest length of service shall be the last to be laid off and the first to 

be rehired, unless he/she has been served two warnings, one verbal, one written, for any rule 

infraction over the past year they would forfeit their seniority for rehire. 

Section 3. Employees shall not be required to accept temporary or part-time work in order to 

retain their seniority.

Section 4. Seniority rights shall be lost for any of the following reasons: 

(a) Employee quits. 

(b) . Employee does not report on a call-back within two (2) calendar days after being 

notified by registered mail, exception being extenuating circumstances to be defined 

by the Company and the Union at the point in time it is an issue.

(c) Employee is discharged for just cause and according to Article X Section 2 & 3. 

Section 5. Seniority shall be determined on a job site basis, rather than on length of service 

with a Company. 

Section 6. Job site seniority shall apply to all Union (Local 698) members employed at any 

given location or building at the time at which the Company enters into a maintenance contract 

at said location; said job site seniority shall be honored by the Company, and shall continue in 

full force and effect pursuant to the terms of this Agreement. 

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ARTICLE X

DISCIPLINARY ACTION AND DISCHARGE

Section 1. The first ninety (90) days of employment of all new employees shall be 

considered a trial period and employees who have completed their trial period shall be 

discharged for just cause only. 

Section 2. The Company shall not discharge or suspend any employee without just cause, 

and in respect to discharge or suspension, the Company shall 1st give at least two (2) warning 

notices of the complaint against the employee to the employee, in writing, with a copy to the 

Union and job steward affected. It is agreed that no warning notice need first be given to an 

employee before being discharged if the cause for said discharge is dishonesty, drunkenness, 

sexual harassment or willful destruction of property. The warning notices as herein provided 

shall remain in effect for a period of six (6) months after which time they shall be null and void. 

The discharge notice must be in writing and a copy given to the employee and the Union. In the 

event the employee feels that his/her discharge or penalty is unjustified, he/she must follow the 

grievance procedure. In the event the employee fails to do so, the discharge or penalty shall be 

final and conclusive. 

Section 3. Excessive absenteeism and tardiness will be grounds for disciplinary action, up 

to and including termination. 

▪ Excessive absenteeism is defined as missing 2 or more of scheduled work days per month. 

▪ Excessive tardiness is defined as tardy to scheduled work start time 2 or more days per month. 

If you are absent because of illness for 3 or more consecutive days, your Supervisor/Foreman 

will require you to submit written documentation from your doctor. Failure to provide 

documentation will be grounds for disciplinary action up to and including termination. 

Occurrences for unexcused absenteeism and/or tardiness will count concurrently towards the 

total accrual of occurrences for discharge or disciplinary purposes. 

 

Progressive Discipline Chart will be as follows:

1st Offense Verbal Warning

2nd Offense 1st Written Warning

3rd Offense 2nd Written Warning + 2 Day Suspension 

4th Offense Discharge

ARTICLE XI

GRIEVANCE PROCEDURE

Section 1. A grievance, subject to the following Procedure, shall include any and all 

disciplinary actions taken by the Company, any and all questions and disputes involving 

37.71
contract interpretations, and any and all questions and disputes involving conditions of 

employment.

The Union shall have the right to file a group grievance as to a question or dispute involving 

more than one employee, which shall be filed with the Administrator for processing at the Third 

Step of the Grievance procedure set forth below. 

In computing the time limits below, Saturday, - Sundays, and Holidays are excluded. 

All unsettled grievances, as defined above, shall be subject to the following procedure: 

FIRST: An employee having a grievance shall present it to his/her immediate 

supervisor. The employee may be accompanied by his/her Steward if he/she 

so desires. The immediate supervisor shall give his/her answer to the 

employee within five (5) days. if satisfactory settlement is not reached.

SECOND: The employee having a grievance shall reduce it to writing an file the original 

with the Company, with a copy to the Union, within ten (10) days of the event 

upon which it is based. The employee and Union Steward shall immediately 

attempt to settle the grievance with the employee's Department Head. The 

Department Head shall give his/her written answer to the employee and 

Union Steward within five (5) days of this meeting. If the grievance is not 

satisfactorily settled with the Department Head within five (5) days of the 

written answer.

THIRD: The Steward, employee and Union Representative shall take the matter up with 

the Administrator of the Company, who shall give his/her written answer 

within five (5) days. If satisfactory settlement is not reached in twenty (20) 

days.

FOURTH: The Union may request arbitration. The Union shall thereafter submit the 

grievance to the American Arbitration Association for processing of said 

grievance through arbitration in accordance with the Rules and Regulations of 

the American Arbitration Association.

Section 2. The cost of arbitration shall be shared equally by the Company and the Union. 

Section 3. The decision of the arbitrator shall be final and binding on all parties and the 

Award of the arbitrator shall be enforceable as the agreement of the parties, at law or in equity, 

in any Circuit court having jurisdiction thereof, as an award rendered in a proceeding under 

Michigan Compiled Laws s423.9d, and amendments thereto, or in any federal court having 

jurisdiction thereof. 

Section 4. The Company shall provide the Union, on the effective date of this Agreement, 

and immediately thereafter upon the effectuating any changes therein, the names of the 

Administrator and the name or names of the respective Department Heads to whom grievances 

are to be directed, pursuant to the steps outlined in Section 1 of this Article.

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Section 5. In the event that one (1) individual is both Administrator and Department Head, 

Steps "Second" and 'Third" shall be merged. 

Section 6. A grievance concerning a discharge or suspension may be initiated at Step 3 

within the time limits of ten (10) days set forth in Step 2 hereof.

Section 7. Every employee has an absolute right to meet with his/her Steward when the 

employee believes that he/she has a grievance. Stewards shall be permitted a reasonable 

amount of time in which to investigate grievances, which may arise and shall notify their 

supervisor when leaving for this purpose. The Steward shall also notify the supervisor of the 

area entered when arriving to investigate a grievance.

Section 8. In the event of a pay shortage, an employee is not bound to submit the grievance 

within the time periods above; however, said grievance must be submitted within three (3) 

years of the receipt of the pay.

Section 9. Nothing to the contrary withstanding, it is agreed that this Arbitration clause 

does not provide a bar to the Union's right to strike during the contract term in the event the 

Company breaches this contract.

In the event the Company fails to deduct and/or remit Union dues and initiation fees or to pay 

the contract wage rates (or to make its contributions to the Severance Fund)* the Union shall 

not be required to exhaust the grievance procedure herein but may seek judicial enforcement of 

the applicable contract provisions. 

*If applicable.

ARTICLE XII

LEAVE OF ABSENCE

Section 1. Validation - All leaves of absence as defined and provided for herein must be in 

writing with the signature of the company and the Union in order to be considered valid. 

Section 2. Health and Welfare Coverage - Any employee on a leave of absence as 

provided for herein must make suitable arrangements for continuation of Health and Welfare 

payments prior to the approval of such leave by the local Union and Company. 

Section 3. Union Activity - Any employee elected or appointed as an official of the 

Union or delegated to any labor activitiy, necessitating a leave of absence, shall be granted a 

leave of absence without pay for not more than one (1) year and be guaranteed re-employment 

at the end of such period with the same seniority as though he had been continuously employed, 

37.73
provided, the Union supplies the Company with proper written notice of not less than fortyeight (48) hours specifying the length of such leave. 

Section 4. Employees will earn paid sick time at an accrual rate of (0.043) hours of sick time 

for every hour worked during the preceding calendar year (1/1 to 12/31) based on (1500) 

straight time hours worked, up to a maximum of (64) hours. Paid sick time may then be used 

for absences due to employee illness during the subsequent calendar year from 1/1 to 12/31, 

following the year in which the sick time was earned for active employees. Paid sick time may 

be used for employee absence due to illness, which clearly prevents attendance at work. There 

will be no carryover of sick time from year to year. Accrued and unused sick time shall be paid 

at time of layoff or next payday after December 31st, whichever is sooner. When paid out at 

time of layoff when called back the time paid out will be made available as unpaid excused 

time, only during the same “Calendar Year”, once an employee reaches January 1st , of the new 

year, the employee shall have no further rights to take or carry over the unused days. 

Employees must provide as much notice as reasonably possible, within the first two hours of 

the shift starting time, when using Sick Time. Upon returning to work Employee’s must 

complete the appropriate form to designate the absence from work as sick time within one work 

day. Failure to designate the absence from work as sick time may result in the Employee 

incurring an unexcused absence(s) for all days missed from work. 

Section 5. The Company agrees to grant written leave of absence for a period up to three (3) 

months to any employee with one (1) year's seniority where adequate reasons can be shown. By 

mutual agreement, such leave of absence may be extended. Any employee granted such leave 

of absence shall be returned to work with accumulative seniority and at the prevailing rate of 

pay.

Section 6. Employees shall be covered by the Family & Medical Leave Act (FMLA) per 

regulations. 

Section 7. An employee taking the place of another employee on leave shall be placed on 

the general seniority list and shall be entitled to the rights of a permanent employee in 

accordance with his/her seniority.

Section 8. Employees shall be covered by the Uniformed Services Employment and 

Reemployment Rights Act (USERRA) per regulations. 

Section 9. An employee with a minimum of twelve (12) months seniority shall be entitled 

to three (3) paid leave days in the event of a death in said employee’s immediate family. The 

immediate family for purposes of this paragraph, shall consist of parents, spouse, children, 

brothers, sisters, mother-in-law and father-in-law.

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ARTICLE XIlI

REST PERIODS

Section 1. All employees covered by this Agreement shall be entitled to each four (4) hour 

shift to a fifteen (15) minute rest period. In the event two (2) four (4) hours shifts are worked, 

there shall be a rest period of fifteen (l5) minutes given before and after the lunch period. 

ARTICLE XIV

INSURANCE HEALTH AND WELFARE

Section 1. The Company shall at all times carry Workmen's Compensation insurance in 

sufficient amount to provide adequate coverage and protection. 

Section 2. The Company shall, regardless of the number of employees in his employ, 

become a subject Employer under the terms of the Michigan Employment Security 

Commission.

Section 3. The Company agrees to become and/or continue as a participating Company under 

the group insurance plan covering the bargaining unit employees (those who have completed 

the probationary period.) 

(A) The parties hereto recognize the Health and Welfare Plan established jointly between 

the Mechanic's Motor City Lodge No. 698 I.A.M., and Motor Carriers' Employers Association 

of Michigan and Michigan Cartagemen's Association which has been designated the Mechanics 

Motor City Lodge No. 698, I.A.M. Welfare Fund 

(B) Effective July 01, 2012 and for the duration of this agreement, the Company shall 

contribute a Maximum rate of $257.00 per week to the Welfare fund for each employee who 

works under this Agreement and who has completed his/her probationary period. (One Hundred 

fifty-two Dollars ($152) for single coverage and Two Hundred fifty-seven Dollars ($257) for 

family coverage). Employee weekly contributions for coverage shall be Forty-Six Dollars 

($46.00) single and Fifty Dollars ($50.00) family on a pre-tax basis.

Note: Any additional increases shall be paid through payroll deductions by the employee. 

Both parties reserve the right to reopen the contract for Health Care purposes only if there is 

impact resulting from PPACA.

37.75
Current contribution for Pension is $34.98 per week. Effective February 01, 2013, the Company 

shall contribute $38.58 per week to the Pension Fund for each employee who works under this 

Agreement and who has completed his/her probationary period. Effective, February 01, 2014, 

contributions shall be $42.55 per week. Effective February 01, 2015 contributions shall be 

$46.93 per week. 

*Note: The weekly contribution increases in the Pension Fund represent a 10.3% increase per 

the 2008 Rehabilitation Plan mandated by the Fund’s “critical status” under the Pension 

Protection Act.

When an employee has completed his/her probationary period, the Company shall make the 

contribution to the appropriate Health & Welfare funds for said employee.

(C ) The Company shall pay such amount to the Trustees of the Welfare Fund or to the 

depository as the Trustees may direct on or before the 10th day of the month following the 

month for which the contribution is paid. If the Company is delinquent a ten percent (10%) late 

charge will be added to the current bill, after being notified in writing. 

(D) If an employee is absent because of illness or off-the-job injury and promptly notifies the 

Company of such illness or off-the-job inury, the Company shall continue to make required 

contributions to Health and Welfare for a period of four (4) weeks. If an employee is injured on 

the job, the Company shall continue to pay the required contributions until such employee 

returns to work, however, such contributions shall not be paid for a period of more than six (6) 

months. If an employee is granted a leave of absence, the Company shall collect of said 

employee, prior to the leave of absence being effective, sufficient monies to pay the required 

contributions into the Health and Welfare Fund during the period of absence. 

(E) Employees shall pay into the Welfare Fund for insurance coverage for their dependents. 

The Company agrees to deduct such payments, payable to the Fund for those of its employees 

who deliver to it a written assignment with signature duly witnessed directing the Company to 

make such deduction. The deduction will continue until he/she gives written notice to the 

Company, with signature duly witnessed that he/she is withdrawing such authority. The monies 

so deducted during the month will be remitted on or before the 10th day of the following month 

to the Trustees of the Welfare Fund, in conjunction with the payments for employees as 

provided elsewhere in this Article.

(F) The Company has no obligation or duty hereunder other than to remit the prescribed 

sums, whether Company contributions or authorized deductions in accordance with the monthly 

statements forwarded by the Union. The Trustees shall be solely responsible for the 

procurement of the benefits to be provided under the program. The employees shall have no 

rights other than those specically provided the said Trust Agreement. 

 

(G) The Union shall, at the end of each month, furnish the Company a list of the employees 

for whom insurance contributions shall be paid to the depository (provided, of course, the work 

requirements have been met during such month.) 

37.76
(H) The guaranteed contribution rate set forth in paragraph 3(B) above shall be a minimum 

rate contributed by the Employer throughout the term of this agreement. 

The Employer and, the Union agree that, where the cost of providing the coverages specified in 

this agreement exceeds the amount being contributed by the Employer, the Fund shall have 

unilateral authority and discretion to adjust benefits, change coverages and/or carriers, and if 

necessary, eliminate benefits and/or coverage in order to coordinate the cost of benefits 

provided with the amounts contributed by the Employer. 

(I) The guaranteed contribution rate set forth in Section 3(b) herein, shall be a minimum 

rate contributed by the Employer through the term of this contract. In the event the cost of the 

coverage presently provided to the employees under the Health Group Insurance Plan shall 

increase, the Employer agrees to pay the cost of the additional premium for the same coverage 

as is presently provided, and written notice of such additional cost should be given the 

Employer a minimum Of sixty (60) days prior to its effective date. Note: The additional 

premium cost referenced herein shall be paid through payroll deductions by the employee. 

(J) In the event of a violation of any of the terms and/or Provisions of this Paragraph, or 

of failure on the part of the Company to comply with any of the same, the Company shall be 

directly liable and responsible for any and all benefits provided for herein to which any 

employee is, may be, or would have been entitled to receive had such violation and/or failure on 

the part of the Company not occurred. 

(K) The Union shall have the right to strike upon failure of an Employer to forward the 

monthly contribution to the Fund, as set forth herein, without the necessity of utilizing the 

arbitration provisions of this Agreement and without the necessity of litigation by the Union, 

the Fund or any affected employee. The right to strike as set forth herein, can be utilized five 

(5) days after the Employees receipt of written notice of his delinquency by registered mail.

Section.4. Group insurance currently in effect for the employees covered by this Agreement 

shall be maintained as heretofore and continued as long as these benefits accrue to other 

employees of the Company. 

ARTICLE XV

BULLETIN BOARDS

The Company agrees to provide bulletin boards so placed as to be accessible to all employees 

covered by this Agreement, exclusively for Union announcements and notices of meetings. 

ARTICLE XVI

SUCCESSION

37.77
Section l. If the Company sells, transfers or otherwise disposes of its company or causes it to 

be merged or consolidated with that of any other person or business, the Agreement by which 

such sale, transfer, disposition, merger or consolidation is made shall be provided that the 

person or business thereafter operating the Company shall specifically agree to retain in his 

employ those employees entitled to their jobs by virtue of this contract. 

Section 2. Any Employer failing to comply with the above paragraph shall automatically 

assume any obligation arising from the failure to do so. However, the employer’s liability shall 

cease completely at the time the successor corporation or entity operating the business agrees to 

assume all of the terms and conditions of the contract. 

Section 3. The parties agree there is to be no subcontracting of work. Any contracts 

attempting to subcontract work, entered into between the Company and any employees or other 

parties, are void and null and the Company's responsibility as outlined in the contract herein 

will not be changed in any manner and said Company will continue to be responsible for all 

wages, working conditions, vacations, health and welfare payments and other benefits as set 

forth in this contract. 

 ARTICLE XVII

BARGAINING UNIT WORK

Section 1. Non-bargaining unit employees will not perform bargaining unit work except for 

the purpose of training, instruction or in an emergency situation. 

37.78
ARTICLE XVllI

DURATION

This Agreement shall commence on the lst day of July, 2012 and shall continue in full force and 

effect until June 30, 2015, after which date it shall continue for yearly periods from year to year 

thereafter unless either party gives written notice to the other party of intention to terminate, 

modify or amend such contract within sixty (60) days prior to the expiration or the end of any 

yearly extension period. 

Signed this __________day of ______________, 2012. 

For the Company: For the Union: 

GEORGE P. JOHNSON COMPANY MECHANICS MOTOR CITY 

LODGE NO. 698, I.A.M.A.W 

___________________________ ___________________________ 

Otto F. Rosenbusch Fred D. Koenig 

Senior Vice President Directing Business Representative

___________________________ ___________________________ 

Susan Scott Alejandro Trevino 

Senior Human Resources Mgr. Steward

 

___________________________

Brett G. Jordan 

Senior Director Project Management

37.79
SCHEDULE ‘A’

WAGE SUPPLEMENT

HOURLY WAGE RATES: Effective July 1, 2012 there will be a wage increase of 3.0% to 

all employees. A supplemental increase of 2.5% will be effective on July 1, 2013. An 

additional increase of 2.5% will be effective on July 1, 2014. 

Minimum wage rate for maintenance after 1 year:

 

$.25 above rate of pay for afternoon and evening shifts. 

Mileage to be paid to employee for personal car use per IRS rate when authorized by 

Management.

For the Company: For the Union:

GEORGE P. JOHNSON COMPANY MECHANICS MOTOR CITY 

LODGE NO. 698, I.A.M.A.W 

___________________________ ___________________________ 

Otto F. Rosenbusch Fred D. Koenig 

Senior Vice President Directing Business Representative

___________________________ ___________________________ 

Susan Scott Alejandro Trevino 

Senior Human Resources Mgr. Steward

 

___________________________

Brett G. Jordan 

Senior Director Project Management

Position Current 

Minimum 

Rate

New Minimum 

Rate- eff. 7/1/12 

New Minimum 

Rate- eff. 7/1/13 

New Minimum 

Rate- eff. 7/1/14 

Working 

Foreman

0.10 hr above 

Maint.

0.10 hr above 

Maint.

0.10 hr above Maint. 0.10 hr above 

Maint.

Maintenance 14.04 14.46 14.82 15.19

90 Days 

Employ

9.00 9.27 9.50 9.74

90 Days- 1 

Year

10.64 10.96 11.23 11.51

37.80
COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN 

PENSKE TRUCK LEASING CO., LP.

ALLEN PARK, PLYMOUTH, SAGINAW, 

WARREN, and WIXOM, MICHIGAN LOCATIONS 

 

And The 

INTERNATIONAL ASSOCIATION of MACHINISTS 

and AEROSPACE WORKERS, AFL-CIO

MECHANICS MOTOR CITY LOCAL LODGE No. 698 

EFFECTIVE DATES FROM MAY 1ST, 2016 THRU APRIL 30TH, 2019 

37.81
TABLE OF CONTENTS

LABOR AGREEMENT --------------------------------------------------------- 3 

ARTICLE 1 UNION RECOGNITION ------------------------------------------------------ 3 

ARTICLE 2 MANAGEMENT RIGHTS ----------------------------------------------------- 4 

ARTICLE 3 SENIORITY ----------------------------------------------------------------------- 4 

ARTICLE 4 LEAVES OF ABSENSE ------------------------------------------------------- 8 

ARTICLE 5 GRIEVANCE PROCEEDURE ----------------------------------------------10

ARTICLE 6 CONDUCT OF EMPLOYEES ----------------------------------------------11

ARTICLE 7 WORK WEEK -------------------------------------------------------------------11

ARTICLE 8 HOLIDAY PAY ------------------------------------------------------------------14

ARTICLE 9 VACATION PAY ALLOWANCES ------------------------------------------15

ARTICLE 10 DEATH IN FAMILY ------------------------------------------------------------17

ARTICLE 11 WAGES ---------------------------------------------------------------------------17

ARTICLE 12 GARMENTS ---------------------------------------------------------------------18

ARTICLE 13 DUES CHECK-OFF -----------------------------------------------------------18

ARTICLE 14 STRIKES, STOPPAGES, AND LOCKOUTS ---------------------------19

ARTICLE 15 INJURIES ON JOB ------------------------------------------------------------20

ARTICLE 16 FULL AGREEMENT CLAUSE ---------------------------------------------20

ARTICLE 17 HEALTH AND WELFARE ---------------------------------------------------21

ARTICLE 18 PENSION ------------------------------------------------------------------------22

ARTICLE 19 APPRENTICE -------------------------------------------------------------------23

ARTICLE 20 SUBCONTRACTING ---------------------------------------------------------23

ARTICLE 21 MOONLIGHTING --------------------------------------------------------------24

ARTICLE 22 NO DISCRIMATION ----------------------------------------------------------24

ARTICLE 23 SICK DAYS ----------------------------------------------------------------------24

ARTICLE 24 SUCCESOR IN INTREST ---------------------------------------------------24

ARTICLE 25 NON-PARTISAN POLITICAL LEAGUE ------------------------------- 25 

ARTICLE 26 COMMERCIAL DRIVERS LICENSE -------------------------------------25

ARTICLE 27 TRAINING -----------------------------------------------------------------------26

ARTICLE 28 GENERAL -----------------------------------------------------------------------26

ARTICLE 29 TERM OF AGREEMENT ----------------------------------------------------28

APPENDIX A --------------------------------------------------------------------------------------29

APPENDIX B --------------------------------------------------------------------------------------37

37.82
LABOR AGREEMENT

This Labor Agreement (“Contract” or “Agreement”) made and entered into by and 

between Penske Truck Leasing CO., L.P. shops in Allen Park, Plymouth, Saginaw, 

Wixom and Warren, Michigan, hereinafter referred to as the "Employer ", and 

International Association of Machinists and Aerospace Workers, AFL-CIO, Mechanics 

Motor City Lodge No. 698, hereinafter referred to as the "Union". 

The purpose and intent of this contract is to promote and encourage harmonious 

industrial relations between the parties in all matters pertaining to wages, hours, rates of 

pay, working conditions and other conditions of employment. 

ARTICLE 1 - UNION RECOGNITION 

SECTION 1: The Union shall be the exclusive bargaining agent on wages, hours and 

conditions for all Technicians (Techs) and Customer Service Representatives (CSR’s) 

employed by Penske for its Truck service shops in Allen Park, Plymouth, Saginaw, 

Wixom, and Warren, Michigan, including group leaders, but excluding all office clerical 

employees, professional employees, guards and supervisors as defined in the Act. 

SECTION 2: Provisions of section(s) outlined below shall apply only where such Union 

shop provisions are lawful and only to the extent permitted by law. If the state which is 

presently a right-to-work state becomes a non-right-to-work state, then this Section shall 

automatically apply within thirty (30) days of the effective date of such change without 

further negotiation. 

(a) All present employees who are members of the Union on the date of the execution 

of this Agreement shall remain members in good standing as a condition of 

continued employment. All current employees who are not members of the Union 

and all employees hired hereafter shall become and remain members of the Union 

in good standing as a condition of continued employment on or after the 31st day 

following the beginning of their employment or the 31st day after the execution of 

this Agreement, whichever is the later. 

(b) The Union may demand the discharge of any employee who, as of the tender 

date specified in (a), is delinquent in payments required under that Section. The 

Union will provide the Employer with such a demand in writing, provided that the 

Union has given the employee thirty (30) days written notice of the delinquency. 

Promptly after receipt of such demand from the Union, including verification of 

notice to the employee, the Employer shall discharge the employee for failure to 

comply with the obligations sets forth in (a). 

(c) An employee who has failed to acquire, or thereafter maintain membership in the 

Union shall be terminated within seventy-two (72) hours after the Employer has 

received written notice from the Union certifying that membership has been, and 

is continuing to be offered to such employee on the same basis as all other 

members, and that the employee has had notice and opportunity to make all dues 

37.83
payments. This provision shall be made and become effective upon the parties’ 

execution of this Agreement. 

(d) The Union shall comply with all legal obligations in enforcing this union security 

provision, and shall further indemnify and hold the Employer harmless against 

any and all legal claims or actions arising from enforcement of this provision. 

(e) The parties recognize that Michigan is a right-to-work state and under the 

Michigan Labor Code, and that no person can be denied employment because of 

membership or non-membership in the Union. 

SECTION 3: No foreman or salaried employee shall perform work performed by

employees covered in this Agreement except in emergencies or for the purpose of

training or instruction. 

SECTION 4: When new employees are hired, the Employer shall furnish a written 

report to the Union and the Shop Steward stating the name, classification, hourly rate 

of pay, and date on which employee's payroll earnings begin. 

ARTICLE 2 - MANAGEMENT RIGHTS

SECTION 1: The rights to hire, transfer, promote, layoff, recall, discharge, or discipline 

employees for cause; and to maintain discipline and efficiency of employees is the 

sole responsibility of the Employer, except that Union members shall not be

discriminated against as such. In addition, the location of plants, the schedules, 

methods, processes and means of operation are solely and exclusively the 

responsibility of the Employer. 

ARTICLE 3 - SENIORITY

SECTION 1: Employees shall be regarded as probationary employees until their names 

have been placed on the seniority list. There shall be no responsibility for the reemployment of probationary employees if they are laid off or discharged during this 

period. 

SECTION 2: The Employer and the Union mutually agree and recognize the first ninety 

(90) calendar days after the payroll earnings begin as a probationary period during which 

time new employees may be released without recourse to the grievance procedure 

contained in this Contract. The ninety (90) calendar day probationary period shall be 

extended by the number of days which the employee is absent from work. After the first 

of the month following sixty (60) days of full-time employment, the Employer will put into 

effect the pay for the Health & Welfare Program covered in Article 17. Probationary 

period can be extended by 30 days upon request from the Company. 

SECTION 3: Bargaining Unit seniority shall be determined by the time and date the 

37.84
employee's payroll earnings begin as of his most recent hire-in date to a location covered 

under this Agreement. Classification seniority shall commence at the most recent time 

and date the employee's earnings begin in their current classification. Classification 

seniority ties to be settled by referral to Bargaining Unit seniority. 

SECTION 4: Seniority shall be by occupational classifications. The job classification 

presently in effect and shown in Article 11-Section 1, shall constitute separate 

occupational groups for seniority purposes and shall continue in effect unless changed 

by negotiations with the Union. 

A. Employees hired and or acquired from Rollins or RentWay shall have three 

separate seniority dates. The first seniority date shall be the employee's date of 

hire with Rollins or RentWay. The first seniority date shall be used to calculate the 

vacation benefit only. The second seniority date shall be the employee's date of 

hire with Penske Truck Leasing. The third seniority date shall be the employee's 

job classification seniority date.

B. All employees in the Refrigeration Technician Classification prior to April 20, 2009, 

their seniority date shall be the same as their Penske Truck Leasing hire-in date. 

Any employees who become a Refrigeration Technician after April 20, 2009, their 

Refrigeration Technician Classification seniority date shall commence at the time 

and date their earnings begin as a Refrigeration Technician. 

SECTION 5: In the event of a reduction in force, employees will be laid off on the basis 

of classification seniority. Employees in higher rated classifications can displace 

employees in lower rated classifications provided they have greater total seniority with 

Employer and provided they are capable of doing the work. In the event of a shop closing 

the employees at the effected location will have the opportunity to utilize classification 

seniority to bid into any other location covered by this Agreement. In the event the 

Employer opens a new location and agrees to cover such location under this Agreement, 

the Employer shall have the right to assign employees to such new location provided 

that the employee agrees to the assignment. 

SECTION 6: In increasing the working force, employees with seniority will be called 

back in the reverse order in which they were laid off. Those employees who have 

bumped into a lower rated classification to avoid layoff shall be given the first 

opportunity for recall to their former classification. The Employer is obligated to extend 

one offer of recall, as such recall opportunity may occur, before promoting from within 

the bargaining unit or hiring from outside. 

SECTION 7: The Employer will observe shift according to classification seniority. Where 

such seniority right is exercised, the shift shall be retained for not less than six (6) months 

unless the shift schedule changes or a vacancy occurs. An employee shall only have 

seniority rights for shift purposes, at his own facility. 

SECTION 8: There will be one shift within each classification termed vacation relief 

37.85
shift for the primary purpose of covering for employees absent while on vacation. There 

will be one shift within each classification termed LOA relief shift for the primary 

purpose of covering for employees on LOA. Seniority employees may bid for such 

shift. If no employee bids the shift, the least senior employee within the classification 

will be required to take the shift. 

SECTION 9: In the event of a new job opening, before hiring from the outside or 

promoting from within, Employer will post online such new job opening for a minimum 

period of three (3) working days at each location. The most qualified candidate will be 

awarded the job. In the event that two or more candidates are equally qualified, then the 

most senior employee will be awarded the job. Individuals can utilize the grievance 

procedure if there are disputes in this process. An employee who successfully bids into 

a new job opening shall be ineligible to bid for a period of six (6) months, except for 

employees bidding on a promotional opportunity. There will be two (2) bids for any given 

opening, should a subsequent opening occur, the third (3rd) opening will be filled at the 

location where the vacancy occurs. When hiring from the outside, the Employer shall 

have the right to keep the new hire on any shift for a period through probation days before 

transferring said employee in accordance with the terms of this Agreement. 

For training purposes, the Employer may offer qualified employees in seniority order, 

for purposes of establishing the order of scheduling such opportunity, across all 

locations the opportunity to work an off-shift day in the next higher classification to

gain experience and exhibit skills and abilities to successfully perform at the next 

level. Such work will initially be performed under the direct supervision of the

Employer and or a higher rated technician, and then progress to limited supervision

until such time as the employee can successfully exhibit the ability to perform in

the next higher classification. The Employer with the assistance of a higher rated 

technician shall review the employee 's work to insure successful completion. Upon 

successful completion of the work opportunity, the employee will be certified as

having performed proficiently and will not be required to continue working the offshift to exhibit ability. For purposes of this paragraph an employee will possess the 

minimum qualifications for this offer presuming they have the required CDL-A 

licensing, no active written warnings, and have enrolled in and are progressing 

towards completion of the appropriate TCP level of training.

SECTION 10: To protect his seniority, it is the employee's responsibility to keep the 

Employer informed of his current home address. At the time of layoff, each employee will 

be given an opportunity to write his correct address over his signature, of which the 

Employer shall receive and provide the employee with a copy. 

SECTION 11: In case of a shortage of work to be performed where it becomes 

necessary to reduce payroll costs it is agreed that the Employer will give the

employees affected one (1) week notice before reduction is made except for a 

severe condition beyond the control of the Employer.

SECTION 12: Any full time employee covered under this Agreement who is advanced 

37.86
to a position excluded from the bargaining unit, shall forfeit his classification seniority 

under this Agreement and will be afforded the opportunity to return to the bargaining unit 

within one hundred eighty (180) days. At the expiration of this one hundred eighty (180) 

days period, the employee's name will be deleted from the seniority roster. 

SECTION 13: LOSS OF SENIORITY: Seniority shall be broken for any one of the 

following reasons: 

A. If the employee quits.

B. If the employee is discharged.

C. Failing to contact your Supervisor by the end of your third (3rd) scheduled 

workday and providing a satisfactory reason for missing three (3) 

consecutive scheduled workdays will be considered a voluntary quit.

D. If the employee is summoned to return to work from layoff and fails to inform 

the Employer of his intent to return to work within three (3) working days or 

report for duty within seven (7) days of notification. Summons to return to 

work shall be by registered mail sent to his last known address. 

E. If he is laid off for two (2) years; or length of seniority whichever is

lesser.

F. Retirement

G. If he accepts a position with another employer while on leave of 

absence.

SECTION 14: The Employer will post an up-to-date seniority list at all locations. 

SECTION 15: Should the Employer deem a workforce reduction necessary, if qualified 

for the duty the Steward at the affected location shall be the last employee to be laid 

off and first recalled. 

SECTION 16: The Employer may employ CSR’s on a part-time basis. Such employees 

will be covered by the terms of the Agreement with the following stipulations: 

A. The Employer will determine the hours to be worked. A part-time employee who 

refused to work the scheduled hours is considered to have resigned. A part-time 

employee need not be assigned five consecutive workdays, although any hours 

worked in excess of forty (40) hours per workweek will be paid at one and onehalf (1-1/2x) times the employee's regular straight time hourly rate of pay; 

however, total hours worked by a part time employee during any rolling twelve 

(12) month period shall not exceed one thousand (1000) hours. 

B. A part time employee will not be employed if there are full time CSR employees 

on layoff who have not been offered recall to perform the available work. 

37.87
C. Part-time employees will be laid off in order of seniority prior to regular full-time 

employees. Part-time employees will be recalled in order of seniority. The 

Employer may employ regular full-time employees prior to recalling part-time 

employees. 

D. Part-time employees are included only in the "Wages," "Recognition," 

“Garments,” "Check-Off," and “Grievance Procedure” provisions of this 

Agreement; part-time employees are excluded from all other terms and conditions 

of this Agreement. Part-time employees can only use the “Grievance Procedure” 

to settle disputes arising under Article 3, Section 16 only. 

E. The Employer shall offer full time Tech III’s or CSR’s the option for holiday or 

overtime work before assigning part time employees to work on a holiday or 

overtime. 

F. Part-time employees will be paid two (2) times their hourly rate of pay only in an 

amount equal to the hours actually worked on the holiday. 

G. The Employer may assign any part time employees to any Location covered 

under this Agreement, in any number, provided that the Employer does not 

employ, in total, more than one (1) part time employee multiplied by the number 

of Locations covered under this Agreement at any time. 

H. Part time employees shall be allowed to work with full time Techs to help perform 

service and maintenance work. 

ARTICLE 4 - LEAVES OF ABSENCE 

SECTION 1: A leave of absence may be granted for personal reasons for a period not 

to exceed thirty (30) days upon written application of the employee to and approval in 

writing from the District Manager. Such leaves of absence shall not be renewed and 

seniority will accumulate during such leave of absence. The Union shall be notified of all 

leave of absence requests. 

An unpaid leave of absence may be granted for Union Business as follows: 

A. The employee requesting leave must be an elected officer of the Union. 

B. The request for leave must be in writing or email from the Secretary of the Union 

and submitted to the District Manager or his designated representative one (1) 

week in advance of the requested leave date. Requests not submitted one (1) 

week in advance are subject to the Employer approval. 

C. Up to a maximum of ten (10) work days of excused leave per calendar year may 

be shared between those employees qualified to apply for leave under Paragraph 

37.88
“A.” in this Section. Additional days may be granted subject to Employer approval. 

SECTION 2: Any employee, who is known to be ill, supported by satisfactory evidence, 

will be granted a sick leave automatically not to exceed six (6) months, or in the 

event the employee is pregnant twelve (12) months. Ifthe sickness continues beyond 

six (6) months, sick leave shall be extended on the approval of the management. 

Seniority of such employees shall accumulate during sick leave and shall be broken, 

figured from the date the sick leave started, on the same basis as provided in Article 

3, Section 13(e), for laid-off employees breaking seniority. 

SECTION 3: All of the above leaves of absence, including sick leaves, are granted 

subject to the following conditions: 

A. The return of any employee to work where such employee requests to return 

before the expiration of his leave of absence is at the option of the management. 

B. An employee who fails to report for work within three (3) working days after 

date of expiration of the leave shall be considered as having voluntarily quit. 

C. If upon the expiration of leave of absence there is no work available for the 

employee in line with his seniority, or if the employee would have otherwise 

have been subject to layoff according to seniority during the period of the leave, 

the period which breaks seniority shall start from the date of expiration of the 

leave. 

D. When a licensed medical physician determines in writing that an employee 

who is on an approved sick leave is capable of returning to work, the Employer 

may require an independent fitness for duty examination be performed. The cost 

of this examination shall be borne by the Employer. If the employee is found fit 

for duty, his leave of absence shall be terminated and the Employer shall return 

the employee to work no later than his next scheduled work week. 

SECTION 4: Leaves of Absence for Military Service: An employee who is a member of

the National Guard or Military Reserve will be granted a leave of absence without pay

when ordered to active duty, or for annual training for the days specified in his orders. 

The Union and the Employer agree that seniority employees who have entered or who 

hereafter shall enter the Armed Forces of the United States shall be afforded all rights 

and duties as provided in The Uniformed Services Employment and Reemployment 

Rights Act of 1994. 

SECTION 5: In accordance with applicable State and Federal law, any leave of absence 

granted shall run concurrently with all other such leave, including for example but not 

limited to, vacation, personal time, sick time, FMLA, STD, and LTD benefits. 

SECTION 6: No leave of absence will be granted for the purpose of trying out a job 

with any other Employer. 

37.89
ARTICLE 5 - GRIEVANCE PROCEDURE 

SECTION 1: Employees covered by this Contract shall be represented by a Shop 

Steward and in the event an employee or the Union Representative believes he has 

been unjustly dealt with or any provisions of this Contract have been violated, he shall 

proceed as follows below; failure by the Union to comply with the timelines will result in 

the automatic withdrawal of the grievance. Failure by the Company to comply with the 

timelines will entitle the Union to be awarded the grievance.: 

A. Report the matter in writing to the Shop Steward, who will take the complaint to 

the supervisor involved within seven (7) calendar days of the violation. If a 

satisfactory adjustment is not made, the Steward will then bring the matter to the 

attention of the manager or other qualified representative of the Employer within 

forty-eight (48) hours. 

B. If not satisfactorily adjusted between the Steward and the Employer’s 

representative within forty-eight (48) hours, then the Steward shall report the 

matter to the Union Representative on a grievance form. 

C. If a satisfactory settlement of the grievance is not reached between the Employer 

and the Union, within seven (7) calendar days from the time of the Employer's 

answer in paragraph B, the matter shall then be taken up with the Employer’s 

designated representative. 

D. If a satisfactory settlement of the grievance is not made, the Union, within seven 

(7) days from the date of the Employer’s designated representative’s answer in 

paragraph C, can request that the matter be handled by arbitration. 

SECTION 2: A list of seven (7) names will be obtained from the Federal Mediation and 

Conciliation Service. Upon receipt of such list, the Union and the Employer shall 

alternately strike three (3) names and the remaining name shall be the impartial 

arbitrator, the moving party shall have the first strike. Each side has the option to request 

a new list of arbitrators one time. Decisions of such arbitrator shall be final and binding 

upon all parties concerned. The Employer and the Union agree to evenly divide all 

expenses incurred by the arbitrator. The jurisdiction of the arbitrator shall be limited to 

the specific point or points in issue and shall not extend into unrelated questions not in 

issue. The arbitrator shall have no power to add to, subtract from or modify any of the 

terms or conditions of this Agreement. The Union or the Employer shall have the 

authority to withdraw or settle any grievance prior to the decision or award of the 

arbitrator. Such settlements shall be final, binding, and limited to resolving only the 

contested grievance, unless otherwise mutually agreed in writing. 

ARTICLE 6 - CONDUCT OF EMPLOYEES

37.90
SECTION 1: Employees shall always present a proper and clean appearance and a 

courteous attitude in public and to customers of the Employer. 

SECTION 2: The Employer will not discharge or suspend any employee without just 

cause and shall give at least one warning of the complaint against such employee in 

writing to the Union, and the employee, before he is discharged or suspended. 

Discharge or suspension must be by proper written notice to the employee affected with 

a copy sent to the Union. 

No warning notice need be given in the case of dishonesty, workplace violence, 

possession of weapons while in the service of Employer or while on Employer property, 

immoral conduct while on duty, being under the influence of (as determined by failed 

drug/alcohol testing or a refusal to test) or in possession of intoxicating beverages or 

controlled substances in an amount other than prescribed to the employee while on duty, 

failure to report any accident which has resulted in personal injury or property damage, 

willful destruction of Employer's or public property or the property of fellow employees, 

theft, becoming involved in a serious motor vehicle accident while driving the Employer's 

vehicle as a result of negligence or recklessness, failure to immediately report arrest and 

or conviction of any offense that may or does result in the revocation or suspension of 

the employee’s operator’s license or CDL, using any cellular phone, or any hand held or 

hands free communication device while operating an Employer owned or Commercial 

Motor Vehicle, refusing to carry out a direct order of a superior, using an Employer's 

vehicle for personal use without permission, absence for three consecutive days without 

notifying the Employer. Such notification shall be by telephone or letter but must be made 

to the District Manager to whom the employee reports or the District Manager’s 

designated representative before the end of the 3rd work day. 

SECTION 3: An employee desiring to protest his discharge, disciplinary action or

warning notice, shall file a grievance in writing within seven (7) calendar days with the 

Union and the Employer. The Employer shall issue discharges, disciplinary actions, 

or warning notices within seven (7) calendar days of the date the violation becomes 

known to the Employer, with the exception of acts involving proven dishonesty (theft, 

falsification, sabotage, etc.). 

SECTION 4: Disciplinary actions or warning notices over twelve (12) months shall be

removed from an employee's record, except for on the job preventable unsafe acts 

resulting in personal injury and property damage, which shall be removed after 

eighteen (18) months. 

ARTICLE 7 - WORK WEEK 

SECTION 1: It is understood that because of the unusual nature of the Employer's 

business, the operation shall be on a seven (7) day week basis. It is further understood 

that the Employer shall have the right to establish various shifts, whether it be day, night 

or Sunday, in order to cover all phases of its business. The workweek shall consist of 

five (5) consecutive days of eight (8) hours each day; or four (4) consecutive days of ten 

37.91
(10) hours each day (“4/10”) for all employees covered by this Agreement. In the event 

that the Employer schedules a standard 4/10 workweek, prior to implementation, the 

Employer and the Union shall meet to bargain a negotiated settlement of the terms of 

such implementation. All paid time off shall equal current daily work schedule. To that 

end, employees who are working a shift and have both Saturday and Sunday as part of 

their regular schedule work week shall receive a fifty cent $0.50 per hour differential in 

addition to their regular hourly rate. Employees who work a regular scheduled Saturday 

shift shall receive a fifty cent ($0.50) per hour differential for all such Saturday hours 

worked, this premium is in addition to their regular hourly rate, as well as any applicable 

Lead and/or Shift Incentive. 

SECTION 2: Employees reporting for work on any day in accordance with their 

schedule shall be given a minimum of eight (8) hours work per day. Where possible the 

Employer will give advance notice of the need to work on scheduled days off. 

SECTION 3: Time and one-half (1-1/2x) shall be paid for all hours worked in excess of 

eight (8) hours in any one day, and/or forty (40) hours in one (1) week, and double time 

(2x) shall be paid for all work performed on the seventh (7th) consecutive day worked of 

the employee's work week. Overtime must be authorized by either the shop manager, 

or someone acting in a managerial capacity before any such overtime is worked. The 

Employer will provide five (5) days’ notice of mandatory scheduled overtime shifts, 

unless in case of an emergency that prevents the Employer from providing sufficient 

notice. 

In the event that an employee uses a Sick Day during the workweek, the Employer will 

not require that employee to work a sixth (6th) day at straight time, however, the 

employee may volunteer to work the 6th day at straight time.

SECTION 4: Employees who are ordered to report to work on a scheduled day off shall 

receive a full eight (8) hours work. Any employee covered by this Agreement being called 

back to work before or after having completed his day's work will be guaranteed a 

minimum of four (4) hours work or four (4) hours pay. Such time to be computed as

time and one-half (1-1/2x) the regular rate of pay. 

SECTION 5: An employee regularly scheduled to work the afternoon or night shift shall 

receive his normal scheduled shift premium when temporarily assigned to the day shift. 

SECTION 6: A work day shall mean a period of twenty-four (24) consecutive hours. A 

work week is defined as seven (7) consecutive work days, Monday through Sunday, 

commencing with the employee's scheduled starting time on his/her first day of the 

work week. 

SECTION 7: An overtime list shall be posted and kept up-to-date. All overtime work on

any shift shall be assigned within the classification and on the shift where it occurs, as

defined in Article 7, Section 8 and shall be equally distributed. If an employee refuses 

or is not available for any reason for an overtime assignment, he shall be charged on

his overtime records for the time worked on that assignment. Employees on a particular 

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job assignment will have first priority to finish work they are doing before the equalization 

provisions apply. Failure to comply with the provisions of this Section shall subject the 

Employer to the grievance procedure. In the event a violation is established, the

Employer shall be given a maximum of thirty (30) days to comply with the equalization 

provisions of this Section." 

SECTION 8: In all cases of absence, an employee must call in and inform a supervisor 

at least one hour prior to his shift starting time. 

SECTION 9: Employees who are ordered to temporarily report to work at a different 

location covered under this Agreement shall be paid for the time to transport their 

tools to the assigned location on the first day of that assignment and then upon 

completion of that assignment shall be paid to transport their tools back to the 

employee's original location. The Employer shall also provide a vehicle to transport 

the employee's tools. Assignments of this nature will be temporary, to meet customer

demands, and cover manpower needs. Such assignment will be at least one week 

in duration. The first workday of the assignment the employee will report to his original

location. The employee will then report directly to the location of transfer each 

workday of the assignment thereafter. The assignment shall not exceed four (4) weeks 

in duration. Qualifications being equal, associates will be offered assignment in seniority 

order, greatest to least. If no associate accepts, the qualified least senior associate shall 

be assigned. The assigned associate will receive mileage pay at a rate of twenty-five 

cents ($0.25) per mile traveled to and from the assigned location to that associate's bid 

location for each day the associate performs the assigned work. 

In an effort to offer greater overtime work opportunities to employees at Locations 

other than that which the overtime work is required , after following the provisions in this 

Section, in the paragraph above, the Employer will offer the employees at the other 

Locations covered under this Agreement , an opportunity to work the overtime at the 

Location where the requirement exists in accordance with the provisions of this Section, 

in the paragraph above, except that an employee will not be charged for declining the 

offer to work the overtime at a different Location. 

The Employer shall not make overtime mandatory for more than two (2) consecutive 

weeks. In the event that an employee worked mandatory overtime for two (2) 

consecutive workweeks, the Employer shall not require that employee to work 

mandatory overtime for a third (3rd) consecutive workweek. The two (2) week mandatory 

overtime limit shall reset immediately following the end of the third (3rd) consecutive 

workweek, however, the employee may volunteer for any overtime that is offered and 

this limit shall not apply. 

SECTION 10: Unless mutually agreed otherwise, the Employer may in any combination 

place up to two (2) employees on unassigned shifts per Location covered under this 

Agreement. Unassigned employees shall be covered under all conditions and 

guarantees of this Agreement except that these employees may be worked on any

shift/day during the workweek to make up the full-time workweek. Unassigned 

employees shall be given two consecutive days off, and placed on either the day shift or

37.93
afternoon shift and then given up to (1) week advance notice of when to next report for 

work if there is a schedule change and the estimated duration of the schedule change. 

The unassigned position shall be subject to bidding in seniority order greatest to least. 

ARTICLE 8 - HOLIDAY PAY 

SECTION 1: Hereafter, hourly rate employees shall be paid for the following legal 

holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving 

Day, and Christmas Day. Employees may use one (1) floating personal day for Easter 

Sunday. 

Full time employees will receive two (2) Floating Personal Days upon successfully 

completing probation and will then grow in at the rate of one (1) additional floating day 

for each subsequent three (3) months of employment until reaching the maximum total 

of five (5) floating days per calendar year, in accordance with the following: 

A. The employee has seniority as of the date of the holiday, and 

B. The employee must have worked the last scheduled work day, the day of if 

assigned, and the next scheduled work day of such holiday to receive holiday pay, 

unless the absence is approved in writing in advance. 

SECTION 2: Employees who have been laid off in a reduction in force, or who have 

gone on a sick leave during the work week of which the holiday falls shall receive pay 

for such holiday in accordance with Sections 1(A), (B) of this Article. 

SECTION 3: When one of the above holidays falls within an eligible employee's 

approved vacation period, and he is absent from work during his regularly scheduled 

work week because of such vacation, he shall receive one (1) extra day's vacation 

with pay. 

SECTION 4: When an eligible employee is on an approved leave of absence and 

returns to work following the holiday but during the week in which the holiday fell, he

shall be eligible for pay for the holiday. 

SECTION 5: Employees eligible under these provisions shall receive eight (8) hours 

pay at their regular straight time hourly rate, inclusive of night shift premium for each 

such holiday. 

SECTION 6: Employees who may be requested, or in instances where the Employer 

fails to obtain a sufficient amount of volunteers, may require a lesser seniority employee 

to work on any of the above holidays shall be paid holiday pay in addition to double time 

(2x) for all hours worked in total compensation. 

SECTION 7: Employees who have accepted or assigned such holiday work and then 

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fail to report for and perform such work, without reasonable cause due to unforeseen 

medical incapacity, shall not receive pay for the holiday. 

SECTION 8: In applying this procedure, when any of the above enumerated holidays 

fall on Sunday and the day following is observed as the holiday by the Employer, it shall 

be paid as such holiday. 

SECTION 9: For the purpose of computing overtime hours in any regular forty (40) hour 

week in which one of the legal holidays listed above falls, such legal holidays shall count 

a full eight (8) hours toward the regular forty (40) hour week. 

SECTION 10: The Employer will pay for unused floating personal day(s) in the first full 

pay period immediately following January 1st of each year. 

SECTION 11: If a legal holiday identified in Section 1 of this Article, falls on an 

employee’s regularly unscheduled workday, said holiday will be observed on the closest 

scheduled work day of that work week. If an employee is required to work on a holiday 

that employee will receive pay for that holiday and two (2) times the regular hourly rate 

for all hours worked. 

SECTION 12: A floating day request must be approved in writing one (1) week prior to 

occurrence: The Employer will reply to the request within three (3) business days, 

otherwise the employee may consider the day approved. Floating days not requested 

one (1) week in advance are subject to availability so as to not interfere with the efficient 

operation of the business. Four (4) of the floating days may be requested in one half day 

increments. 

ARTICLE 9 - VACATION PAY ALLOWANCES

SECTION 1: The following provisions shall apply for vacation with pay: 

A. Eligibility date for vacation with pay will be the anniversary of the employee's 

seniority date. 

B. New employees covered by this Agreement having worked twelve (12) months 

and having worked no less than forty (40) weeks shall be granted an annual 

vacation of one (1) week (forty (40) hours) with pay, computed at the straight 

time hourly rate, including shift premium. 

C. Each employee having one (1) or more years seniority as of their eligibility 

date, who is ineligible for vacation with pay under the above paragraph, shall be

entitled to full vacation with pay based upon his seniority, provided he had 

worked during sixty (60) percent of the fifty-two (52) pay periods ending with the 

last complete pay period in which his eligibility date occurs. 

D. Employees having two (2) years or more seniority as of their eligibility dates 

shall receive eighty (80) hours vacation with pay in accordance with the above 

37.95
provisions. 

E. Employees having eight (8) or more years of seniority as of their eligibility dates 

shall receive one hundred twenty (120) hours vacation with pay in accordance 

with the above provisions. 

F. Employees having twelve (12) or more years seniority as of their eligibility date 

shall receive one hundred sixty (160) hours vacation with pay in accordance with 

the above provisions. 

G. Employees having twenty-five (25) or more years seniority as of their eligibility 

date shall receive two hundred (200) hours vacation with pay in accordance with 

the above provisions. 

H. All vacation pay to be paid on the last regular pay day prior to the employee's 

vacation. 

I. After the first full year of continuous employment with the Employer, an employee 

covered by this Agreement, who works more than forty percent (40%) of the year 

but less than sixty percent (60%) of the year, shall upon termination, receive a 

pro-rata vacation based upon the above schedule of eligibility. An employee who 

works in excess of sixty percent (60%) of the year, after the first year, shall 

receive a full vacation based upon the above schedule of eligibility. 

J. An employee may elect to take vacation pay in lieu of vacation, except for one 

(1) week.

K. Employees with three or more weeks' vacation may take one week's vacation 

one day at a time. Such days shall be requested and approved with two weeks’ 

notice.

SECTION 2: All vacations shall be set by the Employer with due regard for seniority, 

desires, and preferences of the employee consistent with efficient operations of the 

business, taking into consideration the volume of business; however, the Employer will 

not withhold dates or impose black-out dates for vacation selection period. 

The Employer may allow up to one employee per classification per shift per location off 

on vacation if operational needs allow. 

Yearly, the Employer will post an eligibility vacation list at all locations during the 

week of December 1st. This list will be posted for thirty (30) days to enable all 

employees to show their vacation preferences for the following calendar year. Vacation 

requests will be deemed as accepted unless rejected within 15 days following the end 

of the thirty (30) day vacation-scheduling period. 

The Employer will review the requests and if any conflicts exist, seniority from last hiringin date will prevail. The accepted schedule will be re-posted within fifteen (15) days 

37.96
and this list will be protected from any further seniority preferences. Any changes or 

requests following the re-posting must be individually approved by, management. 

ARTICLE 10 - DEATH IN FAMILY 

SECTION 1: When a death in the employee's immediate family occurs he will receive 

pay, not to exceed three (3) days at the regular rate of pay for the time lost from an

employee's regular scheduled workweek only. Immediate family shall mean: the 

employee's spouse, (step) children, (step) mother, (step) father, (step) brother, (step) 

sister, current mother-in-law / father-in-law, and grandparents/children of the 

employee. When the death of an employee's current brother-in-law or current sister-inlaw occurs he will receive pay, not to exceed one (1) day at the regular rate of pay for 

the time lost from an employee's regular scheduled workweek to attend the funeral of

the deceased. 

ARTICLE 11 - WAGES 

SECTION 1: JOB CLASSIFICATIONS AND WAGE RATES 

CLASSIFICATION Ratification 5/1/2017 5/1/2018

REFER TECH $28.55 $29.05 $30.30

TECH I $26.55 $27.05 $28.30

TECH II $22.90 $23.40 $24.65

TECH III $20.15 $20.65 $21.90

CSR RED CIRCLE $20.30 $20.30 $20.30

CSR $17.50 $17.75 $18.25

All regular full-time employees shall be compensated at the following progression 

referenced below as percentages of their classification base rate until completing twentyfour (24) months of employment at which time they will be compensated at the full 

Contract rate specified herein this Article. The Employer shall retain sole discretion to 

accelerate the progression as conditions merit. 

New Hire 80% of applicable rate 

12 months 90% of applicable rate 

24 Months 100% of applicable rate 

SECTION 2: 

A. Shift Differential. An employee who is scheduled to work at least 60% of their 

assigned shift on a given workday, outside of the hours of 7:00 a.m. to 3:00 p.m., 

Monday through Friday, shall receive a shift differential incentive totaling one 

dollar ($1.00) per hour for all hours worked during such shift in addition to their 

applicable hourly wage rate as provided for in this Article. The shift differential 

37.97
incentive shall also be included in the employee’s applicable hourly wage rate 

when calculating paid vacation, holiday, personal and sick time for each employee 

otherwise eligible to receive those benefits. 

B. Lead Premium. A group leader, where designated by the Employer, on each shift 

at Allen Park, Plymouth, Warren, and Wixom Locations, shall receive a one dollar 

($1.00) per hour differential in addition to the rates prescribed above. 

C. The Employer shall provide one set of external hearing protection for Technicians; 

and, rain gear and boots for each Customer Servicemen, which are to be used 

during working hours only. Replacement will be made for reasonable wear and 

tear. 

SECTION 3: The Employer will provide tool insurance to the extent of personal loss as 

a result of proven theft from the Employer’s premises and/or breaking and entry into a 

building in which the employee works and his tools are located and/or as a result of loss 

due to fire. Tool insurance will also be provided when an employee goes on a service 

call to a customer. It is the employee's responsibility to provide an inventory of his tools 

within sixty (60) days after the signing of this Agreement or from the date of employment, 

whichever is later, to the Employer. The Employer, at its discretion, will from time to time 

inventory the tools and will determine which tools are not required and will not be covered 

hereunder. The Employer, at its option, will repair or replace air operated tools with same 

or better quality listed on an employee's inventory list. There will be no insurance for any 

tools not listed on a tool inventory on file with the Employer. 

SECTION 4: Employees will be reimbursed for business related expenses up to $200.00 

per calendar year upon presenting a paid receipt. Unused sums will not be carried 

forward. 

ARTICLE 12 - GARMENTS

SECTION 1: The Employer will furnish and maintain up to five (5) uniform changes 

per week for employees covered by this Agreement. The uniform changes will 

include two (2) shop jackets beginning the 2nct quarter of 2013 and one (1) parka 

for each CSR, and shall run through the end of this Agreement.

ARTICLE 13 - DUES CHECK-OFF

SECTION 1: The Employer agrees to deduct from the employee’s pay, all dues, 

initiation fees and/or uniform assessments of the International Association of Machinists 

and Aerospace Workers, and remit dues deductions electronically, or by check if there 

are issues electronically, to the IAM Grand Lodge office once each month within twenty 

(20) days after the last regular payday in the month for each and every employee within 

the appropriate unit, provided, however, that the Union presents to the Employer, a 

written and signed deduction slip for such dues, initiation fees and/or uniform 

37.98
assessments. The Union shall indemnify the Employer and hold it harmless against any 

and all claims, demands, suits or other forms of liability that shall arise out of, or by 

reason of, any action taken or not taken by the Employer for the bona fide purpose of 

complying with the provisions of this Article or in reliance on any notice given by the 

Union to the Employer with respect to the employee's financial obligation to the Union. 

Any deductions made from subsequent payrolls in that month shall be included with the 

remittance for the following month. The Employer shall furnish the IAM Grand Lodge 

office, monthly, with a list of those for whom deductions have been made and the 

amounts of such deduction. 

For the Employer’s convenience, the IAM has provided two methods for the transmission 

of these dues check off documents and dues monies at no cost to the Employer. 

1. Electronic Dues Document Upload Website: A secure website that allows the 

Employer to upload the dues check off documents. 

2. Electronic Fund Transfer (EFT) via SunTrust / IAMAW Website: A secure website 

designed for the electronic transfer of dues money from the Employer to the IAM 

via a custom Sun Trust website. 

In order to start transmitting the dues documents and dues money electronically, please 

logon and register your Employer at https://locallodgecheckoff.iamaw.org. 

If you require further assistance, please contact the IAMAW Information Systems 

department at (301) 967-4799. 

ARTICLE 14 - STRIKES, STOPPAGES AND LOCKOUTS 

SECTION 1: For the duration of this Agreement, the Union, its officers, representatives 

and members shall not authorize, instigate, ratify or participate in any strike, slowdown, 

stoppage of work, interference with business, boycott or picketing, all of which are 

hereinafter referred to as "strikes". In consideration of this no strike pledge by the Union 

and the employees, the Employer shall not lockout employees for the duration of this 

Agreement. 

SECTION 2: It shall not be a violation of this Agreement and it shall not be cause for 

discharge or disciplinary action in the event an employee refuses to enter upon any 

property involved in a lawful primary labor dispute or refuses to go through or work 

behind any lawful primary picket line, including the lawful primary picket line of Union's 

party to this Agreement and including lawful primary picket lines at the Employer's place 

of business. 

SECTION 3: Should a strike or concerted stoppage of work by the bargaining unit 

37.99
employees other than those permitted by Section 1 hereof occur during the term of this 

Agreement, the Union, within twenty-four (24) hours after receipt of written notice from 

the Employer, shall be obligated to do the following things only: 

a.) Advise the Employer in writing that the strike or stoppage has not been called or 

sanctioned by the Union. 

b.) Advise the employees that, in as much as no such strike or stoppage has been 

called or sanctioned by the Union, they are engaged in an illegal strike or 

stoppage and will instruct the employees to return to work immediately. 

The obligation of the Union shall be limited to the performance of the acts required by 

Section 3, and upon compliance by the Union with the provisions of Section 1 of this 

Agreement, the Union and its officers, agents, and members shall have no further liability 

during the term of this Contract or thereafter, for any damage suffered by the Employer 

arising from or out of any stoppage or strike. 

After the twenty (24) hour notification is provided by the Union, the Employer shall have 

the sole and complete right to immediately discharge any employee participating in any 

unauthorized strike, slowdown, walkout, or any other cessation of work, and such 

employee shall not be entitled to or have any recourse to any other provision of this 

Contract. 

ARTICLE 15 - INJURIES ON JOB 

SECTION 1: In the event a man is injured on the job the Employer agrees to furnish 

transportation to the doctor and then home or back to work, as the case may be, and 

to pay the employee for all lost time on the day of injury. An employee must report an

injury to Management at the time the injury occurs. 

SECTION 2: Should an employee feel that he is not receiving beneficial treatment after 

two (2) visits to a clinic authorized by the Employer; the employee may request 

treatment from a different authorized clinic and/or doctor. 

ARTICLE 16 - FULL AGREEMENT CLAUSE 

SECTION 1: The parties agree that the terms and conditions set forth herein represent 

their full and complete understandings and contemplations whether or not specifically 

referred to during negotiations as to wages, hours and working conditions, and that 

neither party shall be legally obligated to negotiate further on any of the terms and 

conditions stated above or not set forth herein during the life of this Agreement, except 

those specifically provided for herein or hereafter mutually agreed to in writing and 

properly executed by the parties. 

SECTION 2: The Employer agrees not to enter into any other Agreement or contract 

37.100
with the employees covered by this Agreement, individually or collectively, which in any

way conflicts with the terms and provisions of this Agreement. 

SECTION 3: The Employer is permitted to make and enforce any reasonable rules 

which do not conflict with the provisions of this Agreement. All such rules shall be posted 

for a period of six (6) calendar days before becoming effective and the Union shall be

furnished a copy of such rules. 

SECTION 4: The waiver by either party of any provision or requirement of this 

Agreement shall not be deemed a waiver of such provision or requirement for the 

future, or in the past, and shall not constitute a modification of this Agreement unless 

such provision or requirement is reduced to writing and signed by the parties to this 

Agreement. An arbitrator shall have no authority to determine or consider that this 

provision has been waived. 

SECTION 5: Any provisions of this Agreement which are not in conformity with any valid 

Federal, State or Municipal law shall become null and void without voiding the remaining 

provisions of this Agreement. In such a contingency, the parties shall meet promptly to

negotiate substitute provisions for those declared illegal. 

ARTICLE 17 - HEALTH AND WELFARE

SECTION 1: Beginning January 1, 2019, full time employees covered by this Agreement 

will be eligible to enroll in the standard Penske Health Care Plan (the “Plan”). The terms 

and conditions of the Plan as modified shall be revised from time to time and such 

revisions will automatically be extended to employees covered by this Agreement at the 

earliest feasible date but not later than six (6) months from the date of such revisions. 

During the term of this Agreement, the weekly employee contributions for the health care 

plan referenced herein this Section shall not increase more than ten percent (10%) 

annually unless otherwise mutually agreed upon by the parties. 

SECTION 2: Discounted DCC Plan. For those full time employees who have elected 

coverage under the Discounted DCC Plan shall be required to make the following 

reduced weekly contributions until December 31, 2018, after which time this plan will 

terminate: 

2016 & 2017 & 2018 Discounted DCC Plan

Single $9.63

Associate + 1 $24.27

Family $36.53

 

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SECTION 3: Employees will be eligible to enroll in the Penske Entry Level Benefit Plan 

(currently the “Plan”), as modified, on the 1st of the month following 60 days of full time 

employment. The terms and conditions of the Entry Level Plan shall be revised from 

time to time and any such revisions will automatically be extended to employees covered 

by this Agreement at the earliest feasible date but no later than six (6) months from the 

date of such revision. Full time employees will be eligible to enroll in the Plan referenced 

in Section 1 of this Article, after twenty-four (24) months of employment. 

ARTICLE 18 - PENSION 

SECTION 1: Effective upon ratification of this Agreement the Employer shall contribute 

weekly to the Mechanics Motor City Lodge No. 698 Pension Plan the following sum on 

behalf of such employees as identified in this Agreement: 

SECTION 2: The Employer hereby agrees to enter into the appropriate trust 

agreements and such amendments thereto as are necessary for the administration of

such fund, and to designate the Employer Trustees under such agreement, hereby 

waiving all notice thereof and ratifying all actions already taken or to be taken by such 

trustees within the scope of their authority. 

SECTION 3: If an employee is injured on the job, the Employer shall continue to pay

the required contribution for a maximum period of nine (9) months. 

SECTION 4: Employers will be permitted to participate in the 401k program 

established through IAM Lodge 289 in Tacoma, Washington. 

SECTION 5: In the event, during the term of this Agreement or after the expiration 

of this Agreement and before a new agreement or impasse is reached, the pension 

contribution rates specified herein should for any reason be increased by the Pension 

Plan Sponsor and/or any person or entity acting for or through such Pension Plan 

sponsor, the Union will take no action to cause the Employer's withdrawal from the 

Pension Plan; and, it is agreed that the total amount of said increase(s) shall be

offset dollar for dollar by a reduction in wages, contractual benefits (including paid time 

off), or any contributions to other fringe benefit plans in which the bargaining unit

participates . This offset requirement includes 'surcharges' or 'excise taxes' (as such 

terms are defined in the PPA of 2006) that may be assessed against the Employer. 

Date For PY Weekly Rate

5/1/16 2016-17 $257.59

5/1/17 2017-18 $257.59

5/1/18 2018-19 $257.59

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SECTION 6: In the event that any time during the term of this Agreement or after the 

expiration of this Agreement and before a new agreement or impasse is reached the 

Employer at its discretion has the ability to provide an alternative pension plan that is

equal to or better than the current vested benefit , including for example conversion to

the IAM National Pension Plan, it shall be cause to reopen Article 18 of this 

Agreement so that the parties may negotiate transition out of the Mechanics Motor 

City Lodge No. 698 Pension Plan and into such new plan. 

ARTICLE 19 - APPRENTICE

SECTION 1: The parties agree that at the option of the Employer, the Employer may 

participate in an indentured apprentice program at any time during the terms of this 

Agreement. Details of such an apprentice program will be worked out by mutual 

agreement between the Union and the Employer. 

SECTION 2: The parties agree that at the option of the Employer, the Employer may 

participate in an advance apprentice program at any time during the term of this 

Agreement. The Employer and the Union mutually agree to follow the Addendum to

this Agreement in regard to this program. Any further details will be worked out by

mutual agreement between the Union and the Employer. 

ARTICLE 20 - SUBCONTRACTING

SECTION 1: The Employer agrees that all classifications of work contained in this 

Contract come under the jurisdiction of Mechanics Motor City Lodge No.698, IAMAW 

and will use Company employees to perform all of said work. There shall be no 

subcontracting of work unless the Company lacks the necessary skilled employees, 

technology, specialized equipment or the facilities to perform the subcontracted work. 

The occasional non-regular use of outside vendors will not be considered subcontracting. It shall be considered a proper subject of the grievance procedure when a 

Company reduces its force through layoff, retirement or attrition and subcontracts work 

previously performed by members of the bargaining unit. This provision will not restrict 

the Employer’s ability to utilize outside wash vendors. 

It shall not be a violation of the Contract for the Employer to subcontract work provided 

the bargaining unit members are offered reasonable amounts of overtime, in the week 

that it occurs.

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ARTICLE 21 - MOONLIGHTING 

SECTION 1: It is agreed between the Employer and the Union that no employee will 

work for another Company or go into business for himself while in the employ of the 

Employer where such business is in competition with the Employer or where such 

work impedes the efficiency of the individual involved or the efficiency of the operation 

of the Employer. 

ARTICLE 22 - NO DISCRIMINATION

SECTION 1: The Employer and the Union agree that neither will discriminate either 

directly or indirectly, nor will they permit any of their agents, members or representatives 

to discriminate either directly or indirectly against any employee by reason of race, 

gender, color, disability, national origin, age, religion, union affiliation, sexual orientation, 

veteran status, citizenship, gender identity and/or expression, or other status protected 

by law.

SECTION 2: The use of the masculine gender in this Agreement shall include both male 

and female. 

ARTICLE 2 3 - SICK DAYS 

SECTION 1: Any employee covered by this Agreement who is absent from work 

because of a bona fide illness and who has been employed for more than one (1) year 

shall be entitled to five (5) paid sick leave days. Sick days renew on January 1st of

each year. 

Employees will receive two (2) Sick Days upon successful completion of probation and 

will then grow in at the rate of one (1) additional sick day for each subsequent three (3) 

months of employment until reaching the maximum total of five (5) sick days as 

referenced herein Section 1, of this Article. 

SECTION 2: Any unused sick days shall be paid for to the above qualified employee on

January 1st of each year. 

SECTION 3: No employee shall be entitled to payment for unused sick days unless he

is employed by the Employer on January 1st of each year. 

ARTICLE 24 - SUCCESSOR IN INTEREST

SECTION 1: This Agreement shall be binding upon the parties hereto, their 

successors, administrators, executors and assigns. In the event an entire operation or 

any separable, independent segment thereof is sold, leased, transferred or taken over 

by sale, transfer, lease, assignment, receivership or bankruptcy proceeding, such 

37.104
operation shall continue to be subject to the terms and conditions of this Agreement 

for the life thereof. It is understood by this Section that the parties hereto shall not 

use any leasing device to a third Party to evade this Agreement. 

SECTION 2: The Employer shall give notice of the existence of this Agreement to any 

purchaser, transferee, lessee or assigns of the operation covered by this Agreement 

or any part thereof. Such notice shall be in writing with a copy to the Union not later 

than the effective date of the sale. In the event that employees' classifications 

and/or wages are affected by a merging or consolidation of garages because of

purchase, acquisition or other means, representatives of the Employer and the 

Union shall, prior to the actual consolidation or merging of the garage, arrange a 

meeting to negotiate the proper classifications and wages of the employees 

affected. 

ARTICLE 25 - NON-PARTISAN POLITICAL LEAGUE

SECTION 1: The Employer will deduct for the Machinist's Non-Partisan Political 

League (MNPL) from the pay of each employee who executes and files with the 

Company a proper check-off authorization form (as supplied by the Union for such 

deductions) and forward this amount to the Treasurer of the Machinist 's NonPartisan Political League at 9000 Machinists Place, Upper Marlboro, MD 20772. 

ARTICLE 2 6 - COMMERCIAL DRIVERS LICENSE

SECTION 1: A Class "A" Commercial Driver’s License (CDL) is required by all 

employees for employment. The Employer will provide the following resources for 

employees to obtain the required CDL: 

A. When the employee’s first road test is scheduled at the provider identified by the 

Employer, the fee for the first road test will be paid by the Employer; under no 

circumstances shall the Employer pay for outsourced training or any subsequent 

road test. 

B. The cost assessed by the Michigan Secretary of State for the initial CDL will be 

paid for by the Employer, including any endorsements required by virtue of 

specialized equipment. CDL renewals will be the responsibility of the employee. 

C. To maintain continued employment, employees are required to possess a valid 

CDL learners permit before successfully completing probation, and then possess 

a valid CDL within six (6) months of employment. 

D. The Employer will provide training to aid employees. 

E. The Employer will provide a vehicle to use for testing. 

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The Employer recognizes circumstances occur where employees may not be able to 

achieve or maintain a commercial driver's license due to their inability to pass a DOT 

physical exam. Should the inability to achieve or maintain a commercial driver's license 

occur due to an inability to pass a DOT physical exam, the Employer will comply will the 

provisions of the American’s With Disabilities Act. 

ARTICLE 27 - TRAINING

SECTION 1: All employees are required as directed to participate in Penske provided 

training. Each employee shall be encouraged to identify their training needs, and 

desires, in writing and deliver such written requests to their immediate supervisor so 

that the individual employee's experience and or need for training may be evaluated. 

In the event of a Reefer Tech training opportunity, the Employer will post such Reefer 

Tech training opportunity for a period of three (3) work days at each Location. The most 

qualified candidate will be awarded the training. In the event that two (2) or more 

employees are equally qualified, then the most senior employee will be awarded the 

training. Minimum "qualifications" for bidding on such Reefer Tech training opportunity 

shall be defined as: possessing a valid CDL-A, no active written warnings, and

enrollment in and progression towards completion of the appropriate TCP level of training. 

An employee who successfully bids into anew Reefer Tech training opportunity, upon 

award of the position shall be committed to remain in that classification for four (4) years. 

In the event of a reduction in force within that commitment period Article 3, Section 5,

shall be applied. 

Copies of all postings will be given to the Union. The Employer will identify the employee 

to whom the training has been awarded, by email, to notify the Union and the Stewards 

of the award. It shall be the responsibility of the Union and their Stewards to keep email 

addresses current. 

SECTION 2: To the extent that the training is available, the Penske TCP program and 

related materials shall be made available to all employees. 

ARTICLE 28 - GENERAL 

SECTION 1: VISITATION: An official representative of the Union shall be permitted 

reasonable time to visit the Employer’s premises before or after working hours and during 

break periods for the purpose of ascertaining whether or not this Agreement is being 

observed by the parties and/or for assisting in the adjusting of grievances. Such 

representative shall not interfere with the work of any employee and shall, at all times 

comply with shop rules. Union representatives agree to notify Employer at least 1 hour 

in advance of any such visits to the represented facility. 

SECTION 2: The Employer will furnish a Union Bulletin Board located in the locker room 

as practicable for use by the Union for notices relating to Union business which shall not 

37.106
be derogatory of the Employer, Co-workers, Customers, or the General Public. 

SECTION 3: STEWARDS: The Employer recognizes the right of the Union to designate 

Stewards from the Employer's seniority list for each shop covered under this Agreement. 

The Union will advise the Employer in writing of the designated Stewards. The authority 

of the Stewards so designated by the Union shall be limited to and shall not exceed the 

following duties and activities: 

(a) The investigation and presentation of grievances to the Employer in accordance 

with the provisions of the Agreement at a time that does not interfere with the 

Employer’s operational needs. Employer paid time for grievance handling is a 

privilege and must be mutually agreed to before such obligation arises. 

(b) The transmission of such messages and information, which shall originate with, 

and are authorized by the Union, or its officers, provided such messages and 

information: 

(1) Have been reduced to writing; 

(2) If not reduced to writing, are of a routine nature and do not involve work 

 stoppages, slowdowns, refusal to handle goods, or any other 

 interferences with the Employer's business. 

(c) Stewards have no authority to take strike action, or any other action interrupting 

the Employer's business, except as authorized by official action of the Union. 

(d) For the purpose of layoff, recall, downgrading or demotion, the Steward(s) will 

have top seniority during their tenure of office presuming they are qualified and 

able to perform. 

SECTION 4: SAFETY: The Employer shall furnish and maintain safe and healthful 

conditions in the facilities, including clean and adequate washing facilities and toilets, 

proper ventilation, vehicle lifts, garage doors, lights, special tools, drains and all other 

related repair and facility equipment. Basic first aid supplies also will be available for 

first aid treatment, and the Employer shall make available non-prescription safety 

glasses and any other Employer/OSHA-required safety equipment. All employees shall 

immediately report to the Employer any mechanical defects or safety hazards in the 

facilities and/or machinery, tools or equipment of which the employee is aware. An 

employee also must immediately report any on-the-job accident or injury in which the 

employee is involved to their manager and must fully cooperate in the investigation of 

any on-the-job accident or injury involving the employee or any other employee. 

SECTION 5: BREAKS, MEAL AND CLEAN-UP PERIODS: Employees shall be entitled 

to an unpaid lunch period each day of not less than thirty (30) minutes and two (2) paid 

breaks per day of ten (10) minutes duration. 

37.107

APPENDIX “A” 

During the course of the negotiations, the parties discussed the job duties of the classifications 

below at length. Recognizing that job duties have changed with time, customers, and 

technology, the duties referenced below provide guidelines relative to the minimum performance 

expectations for each classification. 

REEFER TECHNICIAN 

Major Function: Diagnose, overhaul, adjust and repair or replace all series of motor truck and 

trailer equipment including but not limited to the following: 

Competency Level: Strive to meet or exceed PTL goal times for the facility. Should be able to 

work unsupervised and assist in training lower job classifications. 

Function: Competency Level:

 Engines (Gas and Diesel)  Diagnose and repair engine as necessary

 Transmissions (Manual & Automatic)  Diagnose and repair or replace 

transmission as necessary

 Differentials/Power Dividers  Diagnose and repair or replace differential 

as necessary

 Starters/Alternators  Remove, Repair & Replace as necessary

 Air Conditioning Systems  Trained/Certified (Example. Break into 

system for repairs, electronics, etc.)

 Fan Clutches  Rebuild and reinstall Fan-Clutch

 Power Steering Systems  Adjust & Repair

 Electrical/Brake/Cooling Systems  Adjust, Repair or Install

 Clutches  Repair or replace Clutch and Reinstall

 PTO Systems

 Installation of PTO System

 Engine Electronics (Gas and Diesel)  Diagnose and repair or replace as 

necessary

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 Steering Gear Box (Manual & 

Power)

 Diagnose and repair or replace as 

necessary

 Refrigeration Systems (including 

Cold & Hot Units)

 Trained/Certified (Example: Break into 

system for repairs, electronics, etc.)

Specific Duties: Technician employees timely perform the following functions with no 

assistance: 

 Identify and determine parts required for repair of disassembled units.

 Perform all levels of preventive maintenance service.

 Identify warrantable repairs and document appropriately.

 Maintain work area appearance and safety.

 Road test vehicles as necessary.

 Perform and prioritize duties in a timely and efficient manner.

 All duties of lesser job classifications

Training & Experience: Technician employees should possess the following training and 

experience:

 A Technician with a minimum of six (6) years practical experience or an equivalent 

combination of related education and experience.

 A Technician should have specialized training and/or experience in the overhaul of major 

components (e.g., Detroit Diesel Engines, etc.)

 Be proficient in the use of all tools of the trade (Welding equipment, power tools and shop 

machinery, computers and or other diagnostic tools).

 Must have current Commercial Driver’s License and air brake certification as required by 

job duties.

TECHNICIAN I 

Major Function: Diagnose, overhaul, adjust and repair or replace all series of motor truck and 

trailer equipment including but not limited to the following: 

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Competency Level: Strive to meet or exceed PTL goal times for the facility. Should be able to 

work unsupervised and assist in training lower job classifications. 

Function: Competency Level:

 Engines (Gas and Diesel)  Diagnose and repair or replace engine 

as necessary

 Transmissions (Manual & Automatic)  Diagnose and repair or replace 

transmission as necessary

 Differentials/Power Dividers  Diagnose and repair or replace 

differential as necessary

 Starters/Alternators  Remove, Repair or Replace as 

necessary

 Air Conditioning Systems  Trained/Certified (Example. Break into 

system for repairs, electronics, etc.)

 Fan Clutches  Rebuild and reinstall Fan-Clutch

 Power Steering Systems  Adjust & Repair

 Electrical/Brake/Cooling Systems  Adjust, Repair or Install

 Clutches  Remove, repair or replace Clutch

 PTO Systems  Installation of PTO System

 Engine Electronics (Gas and Diesel)  Diagnose and repair or replace as 

necessary

 Steering Gear Box (Manual & Power)  Diagnose and repair or replace as 

necessary

 Refrigeration Systems (including 

Cold & Hot Units)

 Engine Oil Change, Belt Adjustments, 

PM’s

Specific Duties: Technician employees timely perform the following functions with no 

assistance: 

 Identify and determine parts required for repair of disassembled units.

 Perform all levels of preventive maintenance service.

 Identify warrantable repairs and document appropriately.

 Maintain work area appearance and safety.

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 Road test vehicles as necessary.

 Perform and prioritize duties in a timely and efficient manner.

 All duties of lesser job classifications

Training & Experience: Technician employees should possess the following training and 

experience: 

 A Technician with a minimum of six (6) years practical experience or an equivalent 

combination of related education and experience. 

 A Technician should have specialized training and/or experience in the overhaul of major 

components (e.g., Detroit Diesel Engines, etc.) 

 Be proficient in the use of all tools of the trade (Welding equipment, power tools and shop 

machinery, computers and or other diagnostic tools). 

 Must have current Commercial Driver’s License and air brake certification as required by 

job duties. 

TECHNICIAN II 

Major Function: Technician employees perform some diagnosis, ability to adjust and repair 

or replace all series of motor truck and trailer equipment and remove and replace components 

including but not limited to the following: 

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Competency Level: For all major functions should strive to meet or exceed PTL goal times for 

the facility. 

Function: Competency Level:

 Engines (Gas and Diesel)  Repair Engine, Perform Tune-ups

 Transmissions (Manual & Automatic)  Remove and Replace Transmission

 Differentials/Power Dividers  Remove and Replace Differentials, 

PD’s

 Starters/Alternators  Remove and Replace

 Air Conditioning Systems  Trained/Certified to Recharge 

Systems only

 Fan Clutches  Remove and Replace Fan Clutch

 Power Steering Systems  Adjust

 Electrical/Brake/Cooling Systems  Brake Certified

 Clutches  Remove and Replace Clutch

 PTO Systems  Remove and Replace PTO 

Components

 Refrigeration Systems (including Cold 

& Hot Units)

 Engine Oil Change, Belt 

Adjustments, PM’s

 Engine Electronics (Gas and Diesel)  General Competency for Repair and 

Adjustment

 Steering Gear Box (Manual & Power)  Adjust & Replace

Technicians may or may not require assistance from time to time by Technician employees or 

applicable supervisors relative to the above.

Specific Duties: Technician employees timely perform the following functions with no 

assistance: 

 Identify and determine parts required for removal and replacement in unit

 Perform mechanical and general appearance reconditioning of equipment for trade-ins 

and prepare new equipment for delivery.

 Perform all levels of preventive maintenance service.

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 Identify warrantable repairs and document appropriately.

 Maintain work area appearance and safety.

 Road test vehicles as necessary.

 Perform duties in a timely and efficient manner.

 All duties of lesser job classification

Training & Experience: Technician employees should possess the following training and 

experience: 

 A Technician with a minimum of two to four years practical experience or an equivalent 

combination of related education and experience. 

 A Technician should have specialized training and/or experience in the repair and 

replacement of major components 

 Be proficient in the use of all tools of the trade (Welding equipment, power tools and shop 

machinery, computers and or other diagnostic tools). 

 Must have current Commercial Driver’s License and air brake certification as required by 

Job Duties. 

TECHNICIAN III 

Major Function: Technician employees perform all levels of preventative maintenance, as well 

as repair and replacement of components of equipment at the direction the Lead Technician and 

or Maintenance Supervisor/Manager 

Competency Level: For all major functions should strive to meet or exceed PTL goal times at 

the facility. Remove, replace or adjust the following without supervision: 

Function: Competency Level:

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 Brakes  Adjust

 Fifth Wheel  Oil, Grease

 Preventive Maintenance

 Certified for Cab, Chassis, Trailer

 Excluding Tune-up & Safety Related 

Responsibilities

 Minor Electrical Repairs  Replace & Repair Headlights

 Cab components & Accessories  Adjust/Replace Mirrors, etc.

 Trailer Maintenance  Lube & PM

 Front Ends & Rear Axles  Inspect & Report

Specific Duties: Technician employees timely perform the following functions with no 

assistance: 

 Perform all aspects of preventive maintenance on vehicles as trained

 Perform other mechanical repairs and replacements as directed by Lead Technicians or 

Supervisor as part of overall training

 Road test vehicles as necessary

 All customer service duties as necessary

Training & Experience: This position is the entry level to other Technician positions. 

 Technician employees should possess one to two years of practical experience in the 

trucking or related industry. 

 Be proficient in the use of all tools of the trade (Welding equipment, power tools and shop 

machinery, computers and or other diagnostic tools). 

 Must have current Commercial Driver’s License and brake certification as required by job 

duties. 

CUSTOMER SERVICE REPRESENTATIVE 

Major Function: To provide fuel and washing services to customers and assist Technicians 

as directed in unskilled duties. 

Specific Duties:

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 Fuel & Wash Vehicles

 Pick-up and Delivery of Vehicles and Parts as needed

 Fuel Island Inspection

 Standard facility maintenance

 Daily rental check-in/out as required

 Parts pricing and stocking

 Minor Fuel Island Repairs (Mirrors, Light bulbs, etc.)

Training & Experience: Entry level position with Company. 

 Individuals should possess basic mechanical aptitude as indicated from one year 

of related industry experience. 

 Must have current Commercial Driver’s License as required by job duties.

 There is no Tool Requirement for the Position of Customer Service Representative.

37.116
APPENDIX “B” 

ATTENDANCE GUIDELINES

"Dedication to Excellence" is an integral part of everything we do. The success and 

improvement of the performance of our Company depends upon individual commitment 

and teamwork. It is every associate's responsibility to maintain good attendance. While 

we recognize that perfect attendance is not always possible, excessive absenteeism 

places an unnecessary burden on our co-workers and negatively impacts productivity 

and customer service. Managers have the primary responsibility for monitoring associate 

attendance, in accordance with the following guidelines. 

1. As defined in the Collective Bargaining Agreement, regular, full-time associates are 

eligible for Sick Days after 1 year of continuous service. Sick Days may not be carried 

forward from year to year. Sick Days will not be considered in an associate's overall 

attendance record. 

2. Absences include associate illness or absence for personal reasons (e.g., Dr.'s 

appointment, transportation issues, illness of relatives requiring the associate's 

presence at home, etc.) Absences do not include Vacation Days; Personal days 

approved in accordance with the timelines in the CBA, Holidays, Jury Duty, Military 

Leave, FMLA, Worker's Comp, and Sick Days or approved Short-term Disability. 

3. Managers may request a doctor's certification of illness to validate a Sick Day. 

4. Tardy is defined as the associate's failure to be at his work station at the required 

time. Leaving early means leaving the work station prior to the scheduled quitting 

time. 

5. In all cases, an associate must personally notify his supervisor or next level 

supervisor of any absence or being late for the scheduled starting time. Failure to 

comply may result in disciplinary action up to and including termination. Three 

consecutive work days of absence without notice is considered job abandonment, 

and the associate voluntarily terminates his employment. 

6. Under this policy, an associate will receive one point for every day of absence. An 

absence of three or more consecutive days will accrue a maximum of two points. An 

associate will receive one-half point for every instance of being tardy or leaving early. 

7. Each associate's attendance will be monitored over the most recent 12 month period 

and progressive discipline will be assessed according to the following guidelines: 

Points Action 

1 Informal Discussion 

2 Written Warning 

3 Final Written Warning 

4 Termination 

In applying this policy, the Employer reserves the right to treat any associate outside of 

this policy if, in the Employer's opinion, the associate's pattern of attendance so warrants.

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