KONE SETTLEMENT AGREEMENT
REGARDING BEDPLATE ARBITRATION COMPLIANCE ISSUES

 

Dear Brothers and Sisters:

We have recently reached an agreement with KONE about bedplate compliance issues arising out of the September 28, 2000 arbitration award. Because of the importance of notifying the membership, the agreement is being displayed here.

Fraternally,

Dana Brigham


 

KONE and the IUEC agree as follows:

1. Barring circumstances not presently foreseen, by July 1, 2001, KONE will implement a new MX machine design, which will be in full compliance with the Award, to be implemented on all MX machine projects engineered after July 1, 2001. The MR machine will not be redesigned to comply with the Award. Instead, barring circumstances not presently foreseen, KONE intends to phase out its manufacture and shipping of the MR machine and to terminate shipments of the MR machine shortly after the termination of the current Standard Agreement but at the latest by December 31, 2003. If bookings of the MR machine subsequent to January 1, 2002 exceed 10% of all KONE traction machines sold, then the number of Team Hours required to be paid for each installation thereafter shall be increased from four, as provided for in paragraph 3 below, to six. In the event unforeseen circumstances occur which affect any of these dates, KONE will promptly notify the IUEC and appropriate adjustments to this settlement will be made.

2. Except as indicated in paragraph 3 below, KONE will pay in settlement of all claims and back pay (wages and fringe benefits, including Pension, Health Benefits, Education, Work Preservation and Vacation) for non-complying installations before the date of the Award to sum of $200,000 to the National Elevator Industry Health Benefit Plan. Said payment will be made not later than 10 days after the date on which this letter agreement is executed.

3. For each and every installation of MR and MX machines, KONE will pay as compensation for hours lost 4 team hours, including wages at the applicable local union wage rate and fringe contributions (Pension, Health Benefits, Education, Work Preservation and Vacation). Said payments will be made to the National Elevator Industry 401(k) Retirement Fund for all installations made since the date of the Award completed as of the date this letter is executed by the parties; thereafter, said payments are to be made to the first crew working on the job in question and the applicable benefit fund.

4. KONE will provide on a monthly basis a list of all ongoing MR and MX installations to IUEC Assistant to the General President James H. Chapman, Jr. beginning May 1, 2001. Beginning January 1, 2002, KONE will also provide on a monthly basis a list of all traction installations booked (sold), to enable the Union to monitor compliance with the 10% threshold referred to in paragraph 1.

 

KONE MR Machine

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  • The blocking beam assembly shall go up the hoistway wherever possible as per the agreement.
  • The machine is to be hoisted as per the agreement.
  • The deflector sheave is to be hoisted as per the agreement.

 

KONE MX Machine

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  • Machine may be hoisted on outside of building as per the agreement.
  • Deflector Sheave hoistd up the hoistway where possible as per agreement.
  • For all installations not completed as of May 3, 2001, MX Machine as currently shipped – KONE will pay 4 team hours per machine to the 1st crew on the job.

 

KONE MX Machine

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  • Blocking beam assembly hoisted up the hoistway where possible as per agreement.

Later this year, KONE will begin shipping the redesigned MX machine that will be in compliance with the agreement.


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