December 20, 2004
LOCAL UNIONS AND REGIONAL
DIRECTORS
Re: Schindler 9300 Settlement
Dear Brothers and Sisters:
Enclosed is a copy of the
settlement agreement with Schindler regarding the 9300 escalator. We feel that
most of this settlement is self-explanatory. However, regarding the switches,
there is a brief explanation:
To those locals and members
that have protected your work jurisdiction by disassembling the switches and
reinstalling them, your practice will continue, and the IUEC thanks you for preserving
our work.
To those locals that, for
whatever reason, have not been disassembling the switches and reinstalling
them, well, unfortunately your practice will continue also.
Schindler has agreed to
provide a list of jobs where a superintendent has directed IUEC members not to
disassemble the 9300 escalator in violation to this agreement. Your help will
be needed to verify this list is accurate.
With best wishes, I remain,
Fraternally yours,
James H. Chapman, Jr.
Assistant to the General
President
JHC/mrg
Encl.
SCHINDLER ELEVATOR
CORPORATION AND INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS
SETTLEMENT AGREEMENT
REGARDING 9300 ESCALATOR
In full and final settlement
of issues in dispute between Schindler and the IUEC over the Schindler 9300
Escalator, including Grievance No. 02-07/IUEC-5 filed on or about January 21,
2004, as well as Case 04-CV-15R filed by Schindler against the IUEC and others
in U.S. District Court for the Western District of Kentucky, Schindler and the
IUEC agree as follows:
1. Agreement on
work to be done in the field:
Balustrade Clamp Support
Brackets, Balustrade Clamps and Balustrade Clamp Channels. Units may be shipped from the factory with Balustrade
Clamp Support Brackets and Balustrade Clamps attached but not aligned. Units
will be shipped with the Balustrade Clamp Channels not placed in the Balustrade
Clamps. Schindler will issue written instructions directing field employees
that Balustrade Clamp Support Brackets and Balustrade Glass Clamps must be
loosened and aligned in the field by Elevator Constructors.
Switches. The parties agree that the local practices regarding
installation of switches that are in place on December 14, 2004 will continue
to be observed.
Floor Plates. Floor Plates will be installed in the field by
Elevator Constructors.
Upper and Lower Combplates. Units may be shipped with
Upper and Lower Combplates attached, but they are to be removed and reinstalled
in the field by Elevator Constructors.
Stanchions. Stanchions on the upper and lower ends of the unit to
which Balustrade Clamps are attached will not be attached by tack welds prior
to shipping to the field and will be aligned in the field by Elevator
Constructors.
Skirts on the Upper and
Lower Curved Sections. Units may be
shipped with Skirt Panels on the Upper and Lower Curved Sections attached, but
Schindler will instruct field employees that Skirts on the Upper and Lower
Curved Section are to be removed in the field and installed by Elevator
Constructors. Schindler may continue to ship units with skirts on the incline
sections preinstalled and permanently aligned. Skirts on the incline sections
will not be removed in the field.
Skirt Brushes. The work of locating and cutting all slots/holes for
mounting skirt brushes will be performed in the factory. Skirt brushes and
their mounting apparatus will be installed in the field by Elevator
Constructors.
2. Grievance
02-07/IUEC-5, filed by the IUEC against Schindler, is considered settled.
3. Schindler will dismiss with prejudice
Case 04-CV-15R it filed in U.S. District Court for the Western District of
Kentucky as against all Defendants.
4. Arbitrator Render is appointed by the
parties to resolve any disputes over implementation of this Agreement the
parties cannot resolve directly.
AGREED: AGREED:
Dated: 12-14-04 Dated: 12-14-04
Schindler IUEC Settlement Agreement
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