November 12. 2021
Dear Brothers and Sisters,
Local 1069 opposes mandating COVID-19 vaccination as a condition of employment and disagrees with Executive Order 14042. The following “Memorandum of Understanding” (MOU) has been entered into between The Boeing Company and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, and its Local 1069 in regards to “effects bargaining” as it applies to all represented employees:
1) All bargaining unit employees will be required as a condition of employment to have received their final dose of the COVID-19 vaccine or have a Company approved accommodation no later than January 4, 2022 (“mandate”). After that date, all new hires must be fully vaccinated or have a Company approved accommodation no later than the first day of employment.
2) Employees must register and upload an approved form of proof of vaccination to the Company’s vaccination registration system.
3) The Company will continue to offer employees two (2) hours of paid time per vaccine dose in alignment with the Boeing COVID-19 Pay Practices policy as it may change from time to time in the Company’s discretion.
4) Employees seeking reasonable accommodation from the COVID-19 vaccine requirement because of a disability (including medical conditions) or because of a sincerely held religious belief, practice, or observance should apply for such accommodation from the Company no later than November 1, 2021 to ensure a determination can be made by the January 4, 2022 deadline.
5) Starting January 4, 2022, employees approved for a reasonable accommodation from the COVID-19 vaccine requirement based on a disability or a sincerely held religious belief will be required to, undergo frequent testing for COVID-19 as determined by the Company, present proof of a negative COVID-19 test result upon request, and, follow all face covering and physical distancing requirements for individuals who are not fully vaccinated.
6) If a current employee is partially vaccinated prior to January 4, 2022, but has not become fully vaccinated by January 4, 2022, s/he will be subject to frequent testing for COVID-19 as determined by the Company and will adhere to additional safety standards in place for face covering and physical distancing until such time that they are compliant and have provided necessary proof. Employee will be required to show proof of initial vaccination and appointment for next dose in series (if applicable).
7) If a current employee submitted a written accommodation request by November 1, 2021, but the interactive process and determination by the Company has not been completed before January 4, 2022, s/he shall be granted a temporary approval and permitted to report to work as usual until such process and determination is complete. All requirements as stated above in Section 5 will apply to employees in temporary approval status.
8) Current employees who have not received their final vaccine dose by January 4, 2022, or whose accommodation request is ultimately denied by the Company, will be issued a final notice and will be allowed additional time for further education and the opportunity to complete the vaccination process up to a final date of January 25, 2022. Such employees will be subject to frequent testing for COVID-19 as determined by the Company and will adhere to additional safety standards in place for face covering and physical distancing until such time that they are considered fully vaccinated and have provided necessary proof.
9) Current employees who do not comply with the mandate by January 25 will be released from employment. Employees currently on an approved Leave of Absence (“LOA”) will be notified of compliance expectations and provided instructions for taking action prior to return to work. Such employees are expected to be fully vaccinated or have a Company approved accommodation in place prior to the last day of approved LOA so they are able to return to work immediately. Employees who do not comply with the mandate within 45 days of the end of an approved LOA will be released from employment.
10) If an employee who was released under Section 9 above later becomes fully vaccinated and seeks reinstatement within one (1) year of her/his release, the following will apply: The employee will notify the Company in writing of her/his compliance with the mandate and interest to be reinstated. For the purposes of Article VIII of the parties’ collective bargaining agreement (“CBA”), the employee’s seniority immediately prior to release will be considered for purposes of reinstatement. Priority reinstatement will occur in seniority order for those compliant with the requirement, subject to available openings within the job classification held at time of release. Upon reinstatement, the employee’s seniority and pay rate (assuming s/he returns to the same classification they left) immediately prior to release will be reinstated for the purposes of Article VIII of the CBA. Upon reinstatement, if the employee has not commenced a pension benefit as of reinstatement, the employee’s eligibility service is reinstated as of date of hire, in accordance with plan terms. For any other benefit plan, the employee’s service credit and eligibility for the purpose of benefits also will be determined in accordance with such plan’s terms, except as follows: The Company will provide a special bonus based on amount equivalent to 50% of 2021 PPIP that was not payable upon release.
11) The parties acknowledge this agreement may not encompass every circumstance that may arise. If circumstances arise not contemplated by the express terms of this agreement, the parties agree to meet and confer in an attempt to come to a mutually agreeable solution.
12) If the mandate impacting the Philadelphia site overturned on or before January 4, 2023, the Parties agree to meet and confer to discuss the implications to those who were released while the Executive Order was in effect, and the process by which they may be returned to employment.
In Solidarity,
Michael A Tolassi
President
UAW Local 1069
