December 20, 2004
LOCAL UNIONS AND REGIONAL
DIRECTORS
Re: Barricade Agreement
Dear Brothers and Sisters:
Enclosed is a copy of the
settlement with several companies regarding barricades and is self-explanatory.
With best wishes, I remain
Fraternally yours,
James H. Chapman, Jr.
Assistant to the General
President
JHC/mrg
Encl.
We are very pleased to
announce that we have reached agreement with several of the major national
companies over the development and deployment of an enhanced barricade that
should provide greater protection for our members performing service and
maintenance on escalators. Otis, KONE, Schindler and Mitsubishi all have agreed
to use a barricade that is 42" high (unlike many currently in use). In
addition, the barricade will be secured through attachment to the escalator
floor plate or to the unit by suction cup or chain attachment, or in some other
fashion. The companies have agreed to begin implementation by July 1, 2004.
We also wish to further
advise you on the matter of escalator maintenance. Following the recent
contract negotiations, the issue of whether one man could safely service
escalators surfaced throughout the country. Based on the IUEC's concern for
employee safety, and to prevent back and other injuries to our members, we
recommended that a second employee should be requested whenever an employee has
to get inside an escalator unit to pull a step. Our recommendation was intended
to emphasize the risks that may exist in this work, particularly in areas of
public access when an escalator is being serviced, not to suggest that a second
man was required for escalator maintenance in all cases regardless of safety.
Unfortunately, our recommendation may not have been interpreted correctly in
some areas, and some members may have been refusing to service escalators alone
regardless of safety concerns. The IUEC's main interest has always been the
safety of its members and the adequacy of the barricades that are being used in
the field. The agreement recently reached with these employers will go a long
way in eliminating our concerns. At the same time, we want to re-emphasize to
you the importance of using lock out, tag out procdedures in performing
escalator work, particularly when anyone has to get inside the unit.
Under the new agreement,
Repair Work in Article VIII, Paragraph 2 was changed to read:
All escalator and moving walk
repair work must be done by a team (Exception: Article IX, Contract Service
Work, callback and examination may be done by one person if there is no factor
of safety.)
All other language in Article
VIII remains unchanged. When escalators are prepared and/or disassembled for
cleaning, oiling, greasing, adjusting and minor replacement, this work shall
not be considered as repair work unless the escalator is prepared and/or
disassembled primary for replacement and/or repairs.
If you have concerns over
safety in the escalator maintenance procedure, including the adequacy of
barricades, you should call your supervisor for assistance and you will get
help. Advise the local union of any such situations. There will be no
retaliation against any employee who follows these instructions.
GRIEVANCE
SETTLEMENT
This
Letter Agreement will confirm that the International Union of Elevator
Constructors ("IUEC") and KONE Inc., Schindler Elevator Corporation,
Otis Elevator Company and Mitsubishi Electric & Electronics USA, Inc.
(hereinafter the "Companies") have settled all grievances and unfair
labor practice charges in any way related to arbitration case AAA Case # 51 300
00883 03 upon the following terms:
1. The Companies agree to develop a new
barricade for use during escalator/walkway repair or service work ("New
Barricade") that is 42" high.
2. The Companies agree that the New
Barricade will be securely fastened at both ends of the unit to restrict
nonauthorized entry through the following or similar means (attachment to the
escalator floor plate, attachment to the unit by suction cup or chain
attachments, attachment to unit by handrail grabs or other similar devices).
3. The IUEC agrees that the New Barricade will
not be required to meet any other specific design standard, so long as it meets
the intent of paragraphs No. 1 and 2 above.
4. The IUEC and the Companies agree that
the Companies will begin implementation of the New Barricade by July 1, 2004 and complete
implementation of the New Barricade by February 1, 2005.
5. The IUEC agrees to send a Notice to all
of its members, the text of which is set forth in Attachment A.
6. The IUEC and the Companies agree that
arbitration case AAA Case # 51 300 00883 03 and related unfair labor practice
charges will be withdrawn and considered resolved.
7. The Companies and IUEC agree that
Arbitrator Steven Briggs may retain jurisdiction to arbitrate disputes over the
interpretation of this Grievance Settlement.
Dated. January 12, 2004
INTERNATIONAL UNION OF
ELEVATOR
CONSTRUCTORS
By:____________________
Dated: January 12, 2004
KONE INC.
By:____________________________
Its Duly Authorized Agent
Dated: January 12, 2004
SCHINDLER ELEVATOR
CORPORATION
By:____________________________
Its Duly Authorized Agent
Dated: January 12, 2004
OTIS
ELEVATOR COMPANY
By:____________________________
Its
Duly Authorized Agent
Dated: January 12, 2004
MITSUBISHI
ELECTRIC &
ELECTRONICS
USA, INC.
By:____________________________
Its
Duly Authorized Agent
