Common use of ESTABLISHING NEW JOB CLASSIFICATIONS Clause in Contracts

ESTABLISHING NEW JOB CLASSIFICATIONS. Whenever the Company determines it appropriate to create a new job classification in the bargaining unit, it shall proceed as follows: 39.1 The Company shall notify the Union in writing of the new job classification and shall furnish a general job description, and a proposed initial compensation package (consisting of any or multiple forms of compensation, not employee benefits), for the classification. 39.2 The Union shall have the right, within twenty (20) days from the receipt of notice from the Company, to initiate negotiations concerning the initial compensation package. 39.3 If negotiations are not so initiated, the Company may proceed to staff the new job title and the compensation package provided by the Company shall remain in effect. It is not the Company’s intent to use this Article to disrupt the job content/wage rate of existing classifications. 39.4 If negotiations are initiated pursuant to paragraph (2), above and agreement is reached between the parties within the twenty (20) days following the Union’s receipt of notice from the Company concerning the compensation package, the Company may proceed to staff the new job title using the agreed upon compensation package. 39.5 If negotiations are initiated pursuant to paragraph (2), above, and if the parties are unable to reach agreement within the twenty (20) days following receipt of notice from the Company, the Union may, within ten (10) days of the expiration of the twenty (20) day negotiation period, request that the issue of an appropriate compensation package be submitted for resolution to a neutral third party. Within seven (7) days of such demand, each party will submit its final proposed compensation package to the other party, which cannot thereafter be changed. At that time, the Company may then also proceed to staff the new job title using its proposed compensation package. (a) The neutral third (3rd) party shall be selected by mutual agreement from among those who possess acknowledged expertise in the area of employee compensation. (b) The parties may submit all evidence deemed relevant to the issue to the neutral third (3rd) party. At the request of either party, a hearing shall be held to receive such evidence. Any such hearing shall be held within thirty (30) days after the matter is referred to the neutral third (3rd) party. While it is not intended that the third (3rd) party undertake a full and complete job evaluation study, he or she shall review other comparable or relevant job classifications and their compensation packages for comparison purposes and may make an on-site inspection of the workplace and conduct a reasonable number of interviews of incumbents. (c) In determining an appropriate compensation package, the neutral third (3rd) party will assure that the compensation package permits the Company to be competitive in both its operations and in seeking applicants in the relevant marketplace. (d) A written decision as to the appropriate compensation package will be rendered by the neutral third party within forty-five (45) days of the date that the neutral third party was selected. In the event that the neutral third party determines that a different compensation package than the one established by the Company is appropriate, the new schedule shall be placed in effect retroactive to the date the change or new job was implemented, except that in no event shall the retroactive effect exceed one hundred eighty (180) days. (e) The costs of the third (3rd) party neutral, and any associated administrative costs imposed by a third (3rd) party administrator to which the parties have mutually agreed, will be borne by the Company.

ESTABLISHING NEW JOB CLASSIFICATIONS. Whenever the Company determines it appropriate to create a new job classification in the bargaining unit, it shall proceed as follows: 39.1 38.01 The Company shall notify the Union in writing of the new job classification and shall furnish a general job description, and a proposed initial compensation package (consisting of any or multiple forms of compensation, not employee benefits), for the classification. 39.2 38.02 The Union shall have the right, within twenty (20) days from the receipt of notice from the Company, to initiate negotiations concerning the initial compensation package. 39.3 38.03 If negotiations are not so initiated, the Company may proceed to staff the new job title and the compensation package provided by the Company shall remain in effect. It is not the Company’s intent to use this Article to disrupt the job content/wage rate of existing classifications. 39.4 38.04 If negotiations are initiated pursuant to paragraph (2), above and agreement is reached between the parties within the twenty (20) days following the Union’s receipt of notice from the Company concerning the compensation package, the Company may proceed to staff the new job title using the agreed upon compensation package. 39.5 38.05 If negotiations are initiated pursuant to paragraph (2), above, and if the parties are unable to reach agreement within the twenty (20) days following receipt of notice from the Company, the Union may, within ten (10) days of the expiration of the twenty (20) day negotiation period, request that the issue of an appropriate compensation package be submitted for resolution to a neutral third party. Within seven (7) days of such demand, each party will submit its final proposed compensation package to the other party, which cannot thereafter be changed. At that time, the Company may then also proceed to staff the new job title using its proposed compensation package. (a) The neutral third (3rd) party shall be selected by mutual agreement from among those who possess acknowledged expertise in the area of employee compensation. (b) The parties may submit all evidence deemed relevant to the issue to the neutral third (3rd) party. At the request of either party, a hearing shall be held to receive such evidence. Any such hearing shall be held within thirty (30) days after the matter is referred to the neutral third (3rd) party. While it is not intended that the third (3rd) party undertake a full and complete job evaluation study, he or she shall review other comparable or relevant job classifications and their compensation packages for comparison purposes purposes, and may make an on-site inspection of the workplace and conduct a reasonable number of interviews of incumbents. (c) In determining an appropriate compensation package, the neutral third (3rd) party will assure that the compensation package permits the Company to be competitive in both its operations and in seeking applicants in the relevant marketplace. (d) A written decision as to the appropriate compensation package will be rendered by the neutral third party within forty-five (45) days of the date that the neutral third party was selected. In the event that the neutral third party determines that a different compensation package than the one established by the Company is appropriate, the new schedule shall be placed in effect retroactive to the date the change or new job was implemented, except that in no event shall the retroactive effect exceed one hundred eighty (180) days. (e) The costs of the third (3rd) party neutral, and any associated administrative costs imposed by a third (3rd) party administrator to which the parties have mutually agreed, will be borne by the Company.