LOCAL 41 MEMBER RESOURCE
KNOW YOUR CONTRACT.
Find important contract topics, read key agreement language and use the Member Guide for a plain-language overview.
ARTICLE 6
ATTENDANCE
Attendance points have rules for assessment, discipline and removal.
Article 6 assigns different point values depending on the type of attendance occurrence. Tardiness is one-half point, while other occurrences may carry different values.
Penalty points expire twelve months from the date they are issued.
The agreement also provides an additional point-reduction process. If an Employee completes sixty calendar days without accruing another point, one point may be dropped. For each thirty calendar days thereafter without another point, an additional point may be dropped.
The Article lists progressive attendance discipline at two, four, six and nine points.
READ KEY CONTRACT LANGUAGE
Section 4 — Attendance Control Year and Points for Absence
An Employee's attendance control year begins on the day the Employee receives a point and ends twelve months later on the same date.
Penalty points expire twelve months from the date of issue.
Tardiness is assessed at one-half point. Checking out early after working less than one-half of the scheduled shift is assessed at one point. Checking out early after working one-half or more of the scheduled shift is assessed at one-half point.
Section 5 — Discipline
Two points — verbal warning.
Four points — written warning.
Six points — record review and final written warning.
Nine points — discharge.
If an Employee completes sixty calendar days with no points accrued, then one point will be dropped from the Employee's record. For each thirty calendar days thereafter with no points accrued, an additional one point will be dropped.
ARTICLE 8
JOB ASSIGNMENTS & BIDDING
Training and qualification have contractual steps.
A successful bidder receives fifty percent of the difference in hourly rate for the new position once training begins or within thirty days of accepting the bid, whichever occurs sooner.
If the Employee has not been moved into the new role within thirty days, the agreement provides for compensation at the training rate until the Employee is moved.
After completing seventy-five percent of the required training hours, the agreement states that the Employee will receive a competency assessment by a training manager or designee to establish qualifications.
Reaching seventy-five percent does not automatically mean the Employee receives the full rate. Successful qualification makes the Employee eligible for the full rate of the position.
READ KEY CONTRACT LANGUAGE
Section 4
The successful bidder for a posted job opening will receive fifty percent of the difference in hourly rate for the position once they begin training or within thirty days of accepting the bid, whichever is sooner.
If the Employee was not able to move into the new role within thirty days, the Employee will be compensated at the training rate until moved into the new position.
After the Employee completes seventy-five percent of the training hours, they will receive a competency assessment by a training manager or their designee to establish their qualifications.
Upon successful qualification, the Employee will be eligible for the full rate of the position.
If the Employee is not successful, they will be allotted the additional training provided by Schedule B.
ARTICLE 12
GRIEVANCE PROCEDURE
Article 12 explains how contract disputes move through the grievance process.
The agreement defines a grievance as a controversy, misunderstanding or dispute involving the interpretation, application or observance of the agreement.
Step One begins with discussion involving the Company's designated representative together with the steward and/or grievant.
If the matter is not resolved, the grievance must be reduced to writing within fourteen calendar days of the violation.
Unresolved Step One grievances move to the CertainTeed / Teamsters Local 41 Grievance Committee at Step Two.
Article 12 also provides a process for arbitration when a grievance remains unresolved.
READ KEY CONTRACT LANGUAGE
Section 1
A grievance is defined as any controversy, misunderstanding or dispute arising as to the interpretation, application or observance of any provisions of the Agreement.
At the First Step, the grievance is discussed with the Company's designated representative along with the steward and/or grievant.
If the grievance is not resolved, it must be reduced to writing within fourteen calendar days of the violation.
Grievances not resolved at Step One will be submitted to the CertainTeed / Teamsters Local 41 Grievance Committee in Step Two.
The Step Two committee includes Union representatives selected by the Local 41 Business Agent and Company representatives. The Employee and Business Agent are given an opportunity to state the Union's case, and both parties present known supporting evidence.
If the difference is not settled, the Union has thirty calendar days to file a demand with FMCS for arbitration.
ARTICLE 13
DISCHARGE & SUSPENSION
Article 13 establishes procedures for discipline and discharge.
The Article expressly states that these provisions do not apply to discipline under Article 6 — Attendance.
For discipline covered by Article 13, discharge and discipline generally must be taken within fourteen calendar days of the incident or the Company's knowledge of the incident.
If additional investigation time is needed, the agreement provides a notification process involving the Local Union.
Article 13 also states that whenever disciplinary action is being taken or considered with an Employee, a Steward will be present whether requested by the Employee or not.
READ KEY CONTRACT LANGUAGE
These provisions do not apply to discipline under Article 6 — Attendance.
Section 1
Discharge and discipline must be taken by the Company within fourteen calendar days of the incident or knowledge of the incident.
If more time is required to make the discipline determination, the Company must provide written notification of a need for up to an additional sixty calendar days to the Local Union within the original fourteen calendar days.
Under extenuating circumstances, if the Company is not able to complete the investigation within the additional time, the Company will contact the Union, provide an update and request additional time if needed.
Section 3
Any time disciplinary action is being taken or considered with an Employee, a Steward will be present regardless of whether requested by the Employee or not.
ARTICLE 18
OVERTIME
Overtime is subject to equalization, recordkeeping and an offer sequence.
Article 18 states that overtime hours will be distributed as equally as possible among Employees of the same classification.
The Company is required to keep accurate records of overtime offered.
Either the Company or the Union may request periodic meetings to review the overtime record.
The agreement also establishes the order in which overtime is offered when vacancies need to be filled.
For vacancies of more than four hours, the initial steps focus on Employees in the same job classification and on the same line, including off-going and on-coming shifts.
READ KEY CONTRACT LANGUAGE
Section 1
Hours of overtime will be distributed as equally as possible among Employees of the same classification.
Accurate records of overtime offered will be kept.
The Company and the Union will hold meetings periodically at the request of either to review the overtime record.
There will be no make-work to equalize overtime. Equalization is limited to assigning priority for future overtime when it becomes available.
For a vacancy of more than four hours, the Article establishes a sequence beginning with Employees possessing the same job classification on the same line on the off-going and on-coming shifts.
THE CONTRACT COMES FIRST.
Member Guides are informational summaries designed to make the agreement easier to navigate. They do not replace, change or amend the collective bargaining agreement. When there is any question about meaning or application, refer to the actual agreement and contact Union representation.