THYSSEN SETTLEMENT AGREEMENT
REGARDING BEDPLATE ARBITRATION COMPLIANCE ISSUES
Dear Brothers and Sisters:
We have recently reached an agreement with Thyssen 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
THYSSEN AND THE IUEC AGREE AS FOLLOWS:
1. Thyssen has been shipping the GD2 in compliance with the
Award since January 12, 2001. Barring circumstances not presently
foreseen, by April 27, 2001, Thyssen intends to commence shipping
the G30 with the three-piece bolted-together design previously
described to the IUEC. Barring circumstances not presently foreseen,
by June 29, 2001, Thyssen intends to begin shipping the G40
with the three-piece bolted-together design previously described
to the IUEC. Barring circumstances not presently foreseen, Thyssen
intends that the G30 will be shipped in full compliance with
the Award by January 7, 2002 and the G40 by July 14, 2002. In
the event unforeseen circumstances occur which affect any of
these dates, Thyssen will promptly notify IUEC and appropriate
adjustments to this settlement will be made.
2. Except as indicated in paragraph 3 below, Thyssen will pay
in settlement of all claims for back pay (wages and fringe benefits,
including Pension, Health Benefit, Education, Work Preservation
and Vacation) for non-complying installations before the date
of the Award the sum of $125,000 to the National Elevator Industry
Health Benefit Plan. Said payment will be made on October 2,
2001.
3. The IUEC has agreed that the GD2 machine as shown on the
blueprint discussed on March 30, 2001 (Attachment 1) will be
considered to be in compliance with the Award. For each and
every installation of the GD2 machine between the date of the
Award and January 12, 2001 (or any installed thereafter which
do not conform to Attachment 1, notwithstanding the company’s
representation that the GD2 has been shipped in compliance since
January 12, 2001), Thyssen will pay as compensation for hours
lost 4 team hours, including wages at the applicable local union
wage rate and fringe benefit contributions (Pension, Health
Benefit, Education, Work Preservation and Vacation). In the
case of the G30 and G40, Thyssen will pay as compensation for
hours lost for each machine the following number of team hours,
including wages at the applicable local union wage rate and
fringe benefit contributions (Pension, Health Benefit, Education,
Work Preservation and Vacation):
G30 - 14 Team Hours
G40 - 14 Team Hours
Said payments will be made to the National Elevator Industry
401(k) Retirement Fund for all installations made between the
date of the Award and prior to April 1, 2001; thereafter, said
payments are to be made to the first crew working on the job
in question and the applicable benefit fund.
4. For each and every installation between the date when Thyssen
begins shipping the G30 and G40 machines in the three-piece
bolted-together design (shown in Attachment 2 and 3 without
the third piece, the secondary sheave) until the date when the
machines redesigned to be in full compliance with the Award
are shipped, Thyssen will pay as compensation for hours lost
for each installation the following number of team hours, including
wages at the applicable local union wage rate and fringe benefit
contributions (Pension, Health Benefit, Education, Work Preservation
and Vacation):
G30 - 12 Team Hours
G40 - 12 Team Hours
Said payments are to be made to the first crew working on the
job in question and the applicable benefit funds. It is further
agreed that all holes shown on the bottom beam assemblies in
Attachments 2 and 3 and any other holes on said beams shall
be field drilled, except for holes used exclusively for hoisting
and shipping purposes.
5. All hoisting of the three-piece G30 and G40 sections previously
referred to shall be in compliance with the applicable provisions
of the Standard Agreement.
6. Thyssen will pay back pay to the members of IUEC Local 49
of Jacksonville previously identified by the IUEC, and all fringe
benefit contributions to the applicable benefit funds, at the
applicable rates of the team hours identified in paragraph 3
for the twelve machines installed at the Adams Mark Hotel project
in Jacksonville, Florida.
7. Thyssen will provide on a monthly basis a list of all ongoing
G30 and G40 installations to IUEC Assistant to the General President
James H. Chapman, Jr. beginning April 1, 2001.
8. Thyssen will dismiss with prejudice the lawsuit filed in
U.S. District Court for the Middle District of Florida against
the IUEC and its Local 49, identified as Thyssen Elevator Co.
v. Intl Union/Elevator, et al., old case number 3:00-cv-1039-J-25HTS
and new case number 3:00-cv-1039-J-25TEM.
