Cytec 2009- 2012 Election Results
Chairman Brent Petit
Vice Chairman Greg Norton
Maintenance James Cooper
Production A. J. Boudreaux
Lab at Large Bobby Strohmeyer
Production Services Walter Eccles
Safety Percy Bergeron
Good and Welfare Dee Federick
Thank you for the large turnout and please give the above committee your support.
Brent Petit
Update
The membership has voted to accept the Tentative Agreement between the union and and Cytec Industries. The committee would like to thank the membership for their support through these negotiations. We understand the membership's displeasure with this contract agreement and we appreciate the decision to support the committee's recommendation. The membership has shown it's solidarity throughout this process and is to applauded for that solidarity.
2009 Contract Negotiation
Between
CYTEC INDUSTRIES, INC.
And
USW LOCAL 13-447
July 10, 2009
Company Last, Best, and Final Offer
This offer expires in its entirety on noon July 16, 2009
Article IV, Overtime and Premium Pay, 4.3, Pg. 15
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4.3 (a) Overtime shall be calculated on a weekly basis for all departments except Reliability which will calculate overtime on a daily basis. There will be not more than one basis used to cover the same hours. The highest single premium rate applying shall be paid. In no case shall more than double time be paid for hours worked. There will be no pyramiding of any premium pay under any of the terms of this agreement. However, where more than one premium rate applies to the same hour of work, the one which gives the highest compensation shall be applied.
(b) An employee who works before or after his scheduled hours, or who may be required to work any of his scheduled days off, shall not be required to take time off from his regular schedule to offset this overtime.
Article IV, Overtime and Premium Pay, 4.3, Pg. 15
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4.3 (c) Effective January 1, 2011, there will be no penalty pay paid for missed overtime opportunities.
(1) If an employee is bypassed on an overtime situation, that employee will be offered equivalent hours of make-up work. Make-up work will be work that would otherwise not normally be scheduled and will be assigned by the company. The company will schedule a mutual time for the make-up work within 30 days.
Note: The Company will provide a monthly update to the Union regarding payments for missed overtime opportunities until the effective date.
Article XVII, Promotions, 17.2 (a) Pg. 36
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When a new job or other vacancy, exclusive of a temporary vacancy, occurs, it shall be filled by promotion of a qualified employee having the greatest plant seniority subject to the provisions of Article XVII.
Article XVII, Promotions, 17.2 (c) Pg. 37
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17.2 (c) If a job remains unfilled after the above procedure has been followed, the company shall suspend the bidding restriction and allow those restricted employees in the progression system to bid before hiring a new employee.
ArticleXVII, Promotions, 17.6, Pg. 38
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17.6 A thirty six (36) month progression program shall be established in the Operations, Technical, and Reliability Departments.
Employees entering these programs shall first become a trainee candidate and progress to Level I after 6 months or upon certification in his initial job, whichever is earlier. They will progress to level II rate 6 months after certification in one job, or upon certification in a 2nd job within the unit, or after 12 months from the initial bid, whichever comes first. Thereafter they will progress through the program as shown in Exhibit "A".
Article XVIII 18.4 (B), Pg. 42
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(B) Recalled employees shall return to their department and/or unit and will be placed at the level of progression they previously achieved at the time they were displaced or the level they have achieved at the time they return, whichever is higher.
Memo #1, Reliability Department Memorandum of Understanding, Overtime, Pg. 61-62
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1. Time cards are to be placed in the “overtime preference” box by 9:00 a.m. each morning. “No” cards placed in this box indicate the employee would not be offered any overtime. “Shop” cards placed in this box indicate the employee will work any stay over overtime in his unit shop and will be offered comeback in his shop. “Plant-wide” cards placed in this box indicate the employee will work any overtime, for which he is eligible and qualified, that occurs in the plant. “Callback” may be written on the timecards in the plant wide box indicating that the employee would be expected to work if called out or offered to come back. Employees are responsible to ensure that the overtime list accurately reflects his overtime preference. No changes in overtime preference will be allowed after 11:30 am, except for family or similar emergencies. The overtime availability of any employee shall be in effect until the next regularly scheduled workday and shall cover weekends and holidays. If an employee working overtime wishes to remove himself from future overtime call ins, he will indicate this to the shift superintendent when checking out of the plant. When there has not been a preference selected the default preference will be “Shop”.
2. Days Overtime (Stay-Over) - The Company will assign those employees who are present overtime according to low overtime hours in the affected unit shop, excluding those employees in the “No” box. If the overtime requirement is not filled from the affected employees unit shop, the low overtime employee in the plant-wide list will be required to work. If the overtime requirements remain unfilled, the low eligible and qualified man in the affected unit shop will be required to work under article 3.7. If the overtime requirement for the unit is still unfilled, then the employee with the lowest overtime hours in the yard will be forced until sufficient manning is obtained.
Off Shift Overtime - The Company will offer overtime according to low overtime hours in the affected unit shop, excluding those employees in the “No” box. If the overtime requirement is not filled from the affected employee's unit shop, the low overtime employee in the plant-wide list will be required to work.
Yard Wide Overtime - When yard wide overtime is necessary (i.e. pre-hurricane, freeze…) the assignments will be made in accordance with the plant-wide overtime list. If the overtime requirements remain unfilled, the low eligible and qualified man in the yard will be required to work.
Memo # 1, Reliability Department Memorandum of Understanding, Qualification and Bidding Procedure, Pg. 66
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If an absence occurs, the reliability leaderman’s position may be filled by the senior qualified mechanic in the affected shop per the 2003 leaderman agreement
Memo #2, Operations Memorandum of Understanding, Pg. 69-70
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FILLING OF OPERATIONS VACANCIES
Production operators who are successful bidders into another operating unit will take a one (1) level reduction in rate upon entry into the bid job. Following certification in their base or initial job assigned, according to guidelines set by the UCC, will achieve a one level pay increase.
Operators who exercise a bid into another operating unit will not be held back for training or to fill vacancies created by sickness, vacation or leave of absence in excess of six (6) months. Time held back after six (6) months will count towards the UCC qualification period level reduction in pay.
Yard wide Bid: Operating Department employees will be afforded one (1) future bid to another unit within the Operating Department. Any Operating Department employee who exercises this one (1) future bid will not be eligible to bid to another Operating unit unless he/she successfully completes the majority of the operations training modules for the unit he/she is bidding for, except if previously certified on the unit during the prior 3 years. A comprehensive test score of 80% will be required on a majority of the unit modules in order for an operating employee to be eligible to bid on the unit vacancy.
These bid restrictions will become effective 6/22/2010 as the operating modules are now available for all operating units.
Internal Unit Bid: Unit operators must attain certification in a job in their newly bid cluster to be able to drop old certification. At all times they must maintain certification in a minimum of two (2) jobs. Bidding will occur for internal unit openings when bidder arrives in the Unit. An Operating Department employee will not be eligible to bid on an internal unit opening unless he/she successfully completes the majority of the operations training modules for the base job he/she is bidding for, except if previously certified in the base job during the prior 3 years. A comprehensive test score of 80% will be required on a majority of the unit modules for the new base job in order for an operating employee to be eligible to bid on the unit vacancy.
Note:
Memo #3, Safety Work Permit Authorization Procedure, Pg. 74
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All Bargaining Unit employees within the Operations and CDS departments will be certified to perform as authorized Safety Work Permit signers excluding hot work and confined space entry. Operators will be responsible for signing permits on the job they are currently scheduled to work that shift. Craftsmen will provide co-signature.
Employees who voluntarily certify as hot work permit signers will receive $.75 differential pay. The number of volunteers will be limited to two (2) operators per shift and the relief operator, excluding AMD & CDS where up to one (1) operator per shift may certify. Due to the Dynamics of the unit AMD DCS operators would be eligible to receive the differential pay for hot work.
Certification and training will be in accordance with established plant Safety Standard. Establishment of the standards is under the sole direction of the Company, and the means and methods used for certification shall not be subject to the grievance procedure as outlined in the Collective Bargaining Agreement.
Permit authorization and signing will continue to also be performed by non-bargaining unit personnel as may be required (i.e. non-operating areas, turnarounds, emergencies, etc.).
Memo #5, Shift Firefighters, Pg. 75
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Employees who are successful bidders into the shift firefighter position shall be ineligible to bid on any other vacancies for a period of 24 months. These restrictions are also effective for current employees in the shift firefighter position on June 23, 2009.
Note: Exhibit A, Pg. 49 will be updated to reflect a $.50 increase in Shift Firefighter Base Rate.
Memo #12, Operations Specialist, Pg. 81
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Operations Specialists who are assigned to fill temporary vacancies in the Operations or CDS department’s progression system jobs will be paid the applicable progression Trainee rate until they are certified on one job. Once certified, the Operations Specialist will progress to Level I rate. The Operations Specialist will progress to Level II rate 6 months after certifying on one job or upon certification in a second job within the unit, whichever comes first. Should the Operations Specialist move to another unit, the rate of pay will drop one level until one certification is achieved in the new unit. Movement to a job outside of Operations, rate of pay is based on the job per Contract.
Memo #2a, Material Services Memorandum of Understanding
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Cytec Industries, Inc., and USW International, Local 13-447 have reached the following understanding:
ENTRY LEVEL REQUIREMENTS
All parties interested in obtaining an Material Services position must score satisfactorily on both the conceptual and the mechanical aptitude tests which have been approved jointly by the Company and the Union, and achieve a minimum score of eighteen (18) on the Wonderlic Personnel test.
Employees failing to achieve the above scores would not be allowed to retest for a period of six (6) months.
The entry-level requirements stated above are not applicable to an employee who was certified in a job in the Material Services department prior to June 22, 2001.
FILLING OF MATERIAL SERVICES VACANCIES
Internal Bid: Material Services operators must attain certification in a job in their newly bid cluster to be able to drop old certification. At all times they must maintain certification in a minimum of two (2) jobs. Bidding will occur for internal openings when bidder arrives in the department. A Material Services Department employee will not be eligible to bid on an internal unit opening unless he/she successfully completes the majority of the training modules for the base job he/she is bidding for, except if previously certified in the base job during the prior 3 years. A comprehensive test score of 80% will be required on a majority of the unit modules for the new base job in order for a material services employee to be eligible to bid on the vacancy.
MANNING
Operator Training and Certification
Operator Jobs:
Each operator must be certified, work and remain proficient in his or her cluster. The Unit Certification Committee (UCC) will decide which alternate jobs will go with each base job. The UCC will try to keep the workload and jobs as equal as possible.
(The Unit Certification Committee is defined as the Team Leader or designee, Manufacturing Supervisor, Process Compliance Coordinator or designee, Designated Trainer, Material Services Committeeman or designee and Senior Certified Operator on the shift in that cluster.)
To be certified, the operator must pass the required modules with a score of 80% and demonstrate proficiency in the job within the set time limit for training as established by the UCC.
A certified operator will be used as a resource for training other employees in a job as required.
Failure to certify or re-certify within the required time limit on the job set by the UCC will cause the UCC to review and establish corrective actions; failure to adhere to the corrective actions for certifications may lead to possible disqualification.
Proficiency time in each job will be set by the UCC.
Employees are expected to work and document their proficiency time in their alternate job(s); this must be completed on scheduled shifts with arrangement of fellow employees. If the mechanism to achieve proficiency in an area is not available on their scheduled shifts, the operator must raise this issue with the UCC. Failure of the qualified operator to remain current on proficiency time within the required time limit for jobs within the cluster will cause corrective action up to and including disqualification.
Proficiency means the operator is fully competent to perform the job.
Operators may certify in jobs outside their cluster and be eligible for overtime opportunities on a voluntary basis and will not be forced.
In times of upset, all operators assist in areas that they are qualified on, when possible.
Relief Operators:
1. Relief Operators will be allowed to choose a base shift.
2. Relief Operators will be scheduled a 36/48-hour workweek.
3. Job distribution will be decided by the UCC to have adequate relief coverage on all jobs. It is understood that Relief Operators can be used where needed to cover vacancies.
4. When not being utilized to cover vacancies, Relief Operators will work their base shift.
5. In times of upset, Relief Operators assist wherever help is needed.
OVERTIME DISTRIBUTION
1. Each employee will begin each new calendar year with zero overtime hours accumulated. The first offering of available overtime will be made according to seniority. The most senior employees will be offered overtime first. This distribution practice will continue until all employees have a positive overtime number. In the event two or more qualified employees' overtime hours are equal the senior man will be considered low.
2. Employees overtime hours will be averaged into their respective jobs in cases of transfer. In addition, an employee will be charged with all overtime refused and worked regardless whether the employee normally performs the job so long as that employee is qualified for the job.
3. The Company will make available standard daily time sheets and overtime call-in records.
ADDENDUM II, MEMORANDUM OF AGREEMENT, 4 DAY - 10 HOUR SCHEDULE
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The Company and the Union agree to amend the following articles of the Contract for the purpose of instituting a 4 day (10) hour day schedule (4x10 schedule), with a percentage of workers working Monday through Thursday and Tuesday through Friday, for current (8) hour day workers. This addendum shall apply only to employees assigned to this ten (10) hour day schedule. In recognition of the many problems anticipated in converting from an eight (8) hour schedule the following provisions will apply:
(1) Either party may cancel this Agreement by providing at least thirty (30) days notice of its intent. Thereafter, the Company will plan an orderly transition back to the eight (8) hour schedule within this thirty (30) day period.
(2) In the transition from an eight (8) hour to a ten (10) hour schedule or a ten (10) hour to an eight (8) hour schedule, if necessary, the Company will make every effort to prevent employees from having any reduction in earnings opportunities.
Principles of Implementation
The 4x10 hour rotating shift schedule will be implemented under the following guidelines:
1) Safety – Continued emphasis to reduce our exposures & improve safety performance.
2) Cost - Must be cost neutral and achieve improvements in productivity.
3) Production – No adverse impact on operations, reliability, and occupancy.
4) Flexibility – On Mondays & Fridays the Company has flexibility to move people as production needs require based on skill and qualifications.
5) Employees - Cooperation is necessary to insure adequate overtime availability and manning during normal and abnormal conditions.
ARTICLE III
Hours of Work
3.1 The work week shall begin at 7:01 A.M., Monday and end at 7:00 A.M. on the following Monday. The work day shall cover a twenty-four (24) hour period starting at 7:01 A.M.
3.2 (a) A 4 x10 schedule worker is an employee assigned to a scheduled 4 day 10 hour day job and shall normally work four (4) consecutive days of ten (10) hours each, beginning at 7:00 A.M. with a thirty (30) minute unpaid lunch period to be taken at approximately mid-shift.
(b) Day workers will receive a work break in the morning and afternoon but will do so at times least disruptive to their work schedule and in accordance with an authorized understanding from their individual supervisor.
3.5 (b) When the Company requires an employee to change from a 4x10 schedule to a day worker schedule, he shall receive his regular overtime rate for the first changed day worked unless the employee is given at least sixteen (16) hours notice. It shall not be considered a change when:
(1) The employee changes from the 4x10 schedule to the schedule of a day worker, or vice versa due to a holiday.
(4) The employee works additional days.
4.1 Time and one-half shall be paid for all hours worked in excess of forty (40) hours in any work week; or for all hours worked in excess of ten (10) hours in any twenty-four (24) hour period, beginning at the time an employee's scheduled shift starts, or the time work is started, whichever is earlier. This does not apply where the employee's shift is changed at his request. The fact that overtime in a work day spans two (2) weeks does not alter the fact that overtime is to be paid for if worked.
Any work performed on the sixth (6th) consecutive day worked within a standard work week shall be paid at time and one-half.
An employee must work two (2) hours or more in a work day in order to consider the time as a day worked in the computation of the sixth and seventh consecutive day worked in a work week.
4.4 When an employee works more than twelve (12) continuous hours exclusive of the unpaid meal period, he shall at his option receive either a meal allowance not to exceed four dollars ($4.00) or a meal and time to eat same if he is going to continue to work. An additional meal allowance, or meal and time to eat same, shall be granted for each three (3) hours continued at work thereafter.
Any day worker who works overtime prior to his regular shift and who will become eligible for an overtime meal during his shift will at his option eat his meal during normal meal periods (breakfast and lunch) or receive a meal allowance. In the case where a day worker becomes eligible for a second meal, the employee shall receive (in lieu of a meal and time to eat same) a meal allowance and be allowed to depart the plant thirty (30) minutes prior to his normal quitting time.
An employee scheduled twelve (12) hours in advance to work twelve (12) or more continuous hours shall receive the $4.00 meal allowance but will not have the option of receiving a meal.
5.1 (a) A shift premium of fifty cents ($0.50) per hour shall be paid to shift workers for work performed on the second shift (evening shift) and one dollar ($1.00) per hour shall be paid to shift workers when working on the third shift (night shift). No shift premium shall be applicable for the 4x10 day shift. A second shift employee working into the third shift shall receive the third shift premium for hours worked in the third shift. A third shift employee working into the first shift (day shift) shall not receive any premium for hours worked in the day shift. A day shift employee working into the evening shift shall receive the evening shift premium for hours worked in the evening shift.
(b) No shift premium shall be paid to 4x10 schedule workers for any hours worked unless they are assigned to start work on either the second or third shift and they do not work their regular day shift.
Holidays and Holiday Pay
7.1 The following days shall be considered as holidays: New Year's Day, Mardi Gras Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, All Saints Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. Holidays falling on Sunday will be observed on the following Monday, and holidays falling on Saturday will be observed on the preceding Friday. For rotating shift workers on seven day continuous operations the holiday shall be observed on the actual day the holiday is observed nationally. Employees on the 4 x 10 schedule will revert to the eight hour schedule during the weeks in which the above holidays occur.
8.2 Subject to the provisions of Paragraph 8.3, the length of an employee's vacation shall be determined as follows:
(a) An employee who completes one (1) year, but less than two (2) years continuous service, on his anniversary date, shall be eligible for forty (40) hours of vacation with pay.
(b) An employee who completes two (2) years of continuous service but less than five (5), on his anniversary date, shall be eligible for eighty (80) hours vacation with pay.
(c) During each calendar year in which an employee will have attained at least five (5) but less than ten (10) years of continuous service, he will be eligible for one hundred twenty (120) hours vacation with pay.
(d) During each calendar year in which an employee will have attained at least ten (10) but less than twenty (20) years of continuous service, he will be eligible for one hundred sixty (160) hours vacation with pay.
(e) During each calendar year in which an employee will have attained twenty (20) or more years of continuous service, he will be eligible for two hundred (200) hours vacation with pay.
(f) An employee will not be forced (3.7) to work overtime on his last day of work before taking vacation.
8.10 For 4x10 schedule workers, individual V-day(s) scheduled and approved in advance by the Company, shall be counted as time worked for the purpose of calculating overtime and premium pay in the week the vacation day(s) are taken.
8.11 Employees shall have the right to carry over into the next year vacation hours less than a full shift, to be used in scheduling full shift vacation the following year or receive pay in lieu thereof.
Article XXIII, Pg. 46, Funeral Benefits
- Reflect benefit as negotiated in Coordinated Bargaining
Article XXII, Pg. 45, Jury Duty
- Reflect benefit as negotiated in Coordinated Bargaining
Addendum, Pg. 58, Funeral Benefits
- Reflect benefit as negotiated in Coordinated Bargaining
Addendum, Pg. 58, Jury Duty
- Reflect benefit as negotiated in Coordinated Bargaining
Make other General Language Clean-Up
Article VI, 6.3 (b), Pg. 18
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(b) An employee so called in shall be paid a minimum of two (2) hours at time and one half.
Memo #7, INCREMENTAL AND EMERGENCY VACATION DAYS, Pg. 76
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Shift workers may utilize their one week of incremental vacation days in half day increments. Such half day increments must be scheduled and approved to be posted on the weekly Wednesday schedule.
Article XX – Wages, Exhibit A, Pg. 49 & Memo #11
Remove AMD Loader classification from Plant Services and add AMD Loader job into Material Services Progression.
Modify language to change “CDS” to “Material Services”
Note: The current employee in the AMD loader classification will remain in this job for this initial change.
Term of the Agreement
3 year term - June 23, 2009 through June 22, 2012
Article XX – Wages, Exhibit A, Pg. 49
Adjust exhibit “A” to reflect a 0.0% increase in 2009, a 2.0% increase effective June 21, 2010, and a 2.0% increase effective June 20, 2011.