During these negotiations, discussions between the parties resulted in a revised version of Document 8.  The following represents a clarification to the definition of an absence under the Special Procedure for Attendance.

Document 8 defines an absence as a “single or consecutive days of absence.”  The parties agree that an employee who is absent for a significant consecutive day period (e.g., Monday through and including the Wednesday of the following week) must use all available hours of Paragraph (194) Vacation Restricted  (VR) hours to cover the days of absence. 

In this example, the employee is clearly unable to cover all absent days with available VR hours, resulting in days of unexcused status.  As such, the employee will be subject to the Attendance Improvement Steps in accordance with the provisions of Document 8.  In this example, the consecutive days of absence not covered by contractual hours are to be treated as one instance of absence.

Allocation of VR Hours

Absences not excused in advance will result in paragraph (194) Vacation Restricted (VR) hours being allocated to each hour of absence, up to eight hours, on each day of such absence.  Use of VR hours will not be permitted, unless excused in advance, on the following days: 

·        Holiday qualifying days as specified in paragraph (203) (3),

·        The last scheduled workday in the week preceding a Monday holiday, and

The next scheduled workday in the week preceding a Friday holiday specified in paragraph (203).

Extraordinary Circumstances

Adjustment of Attendance

Corrective Action Steps

During these negotiations, discussions between the parties have resulted in the following understanding regarding an adjustment to Corrective Action Steps issued under the terms of the 2003 Special Procedure for Attendance.

Employees who have active Corrective Action Steps issued under the 2003 Special Procedure for Attendance will have the most recent entry on their record adjusted effective January 1, 2008, as follows:

Step 1 and Step 2:  First and Second Written Warning respectively, will be removed.

Step 3:  Balance of Shift Plus 3 Day Disciplinary Layoff, will be reduced to Step 2, Second Written Warning, and will reflect the same date of issue.  If the date of issue is July 1, 2007, or earlier, the record will be cleared.

Step 4:  Balance of Shift Plus 2 Week Disciplinary Layoff, will be reduced to Step 3, Balance of Shift Plus 1 Week Unpaid Time Off, and will reflect the same date of issue.

Step 5:  Balance of Shift Plus 30 Day Disciplinary Layoff, will be reduced to Step 4, Balance of Shift Plus 2 Week Unpaid Time Off, and will reflect the same date of issue.

Upon completion of the record adjustments as described above, the Time on Record will be established pursuant to the Attendance Improvement Steps chart calculated from the date of issue.

During these negotiations, discussions between the International Union and the Corporation resulted in a revised version of Document 8.  Some of the revisions to Document 8 involve the use of the term “documented extraordinary circumstances beyond the employee’s control.”

The parties recognize that “documented extraordinary circumstances beyond the employee’s control” represents a higher standard for justifying an absence than does the current “reasonable cause” standard. 

Accordingly, Umpire precedent applying the principle of “reasonable cause” shall no longer apply.  This means that among other things, doctors notes, in and of themselves, do not constitute “documented extraordinary circumstances beyond the employee’s control.” 

Therefore, in cases of an absence for medical reasons, the burden of establishing that the absence represents a “documented extraordinary circumstance beyond the employee’s control” lies with the employee and the evidence required would be greater than a doctor’s note. 

For example, this may require the employee to provide evidence such as diagnostic and examination results, a list of prescribed medications, etc.

The following examples illustrate the parties’ understanding of the types of absences that would qualify as “documented extraordinary circumstances beyond the employee’s control.”  It is assumed that the employee is able to supply documentation to management to support their explanation.

Examples:

1.      An employee is absent one day without prior approval due to the unexpected notification that an immediate family member has just returned from overseas military service.

2.      An employee is absent one day without prior approval due to unexpectedly having to take their sick child to the hospital during the middle of the night and stay with their child during the next day.

3.      An employee is absent one day without prior approval due to being involved in an automobile accident on their way to work, which rendered the vehicle inoperable.

In solidarity,

Steve Rop

Shop Chairman

UAW Local 730