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In Barranquilla, in the meeting hall on the 16th floor of the Centro Ejecutivo I, at 7:00 pm on January 28, 2007, ALVARO LOPEZ, LORNA MORENO, NASSER OBANDO, and LEONARDO SALCEDO, representing the Empresa Carbones del Cerrejón LLC, hereafter CERREJON, and JOSE BRITO, JESUS BROCHERO, ESNEIDER CORREA, JAIME DELUQUEZ, LUIS CARLOS GUERRERO, and GABRIEL PINTO, representing the National Union of Coal Industry Workers, SINTRACARBON, all of age and with the legal right to represent their constituents, met to sign the following Agreement.
In addition, MARCOS MEJIA, Cerrejón’s advisor, and DOMINGO TOVAR, representing the CUT as Sintracarbón’s advisor, were present.
The main points agreed upon are:
Note: The Article numbers refer to the CBA in effect until December 31, 2006.
Scope of contract |
The contract will apply to workers earning less than $2,377,000 a month prior to the implementation of the wage increases provided for by this CBA. |
Temporary workers |
During the first year of this Agreement the company will shift 80 temporary workers to permanent positions. |
Statistical data |
In addition to the statistical data listed in Article 25, the company will provide ATEP (Work Accidents and Work-Related Illness) and Mobidity statistics twice a year, and a list of workers reassigned. |
Paid days off |
In Article 33, replace “Article 25” with “Article 26.” |
Small business creation support |
The following will be added to Article 36 “The Employer will evaluate and buy the products that it needs and that meet Cerrejon’s quality and price requirements.” |
Transportation accident insurance |
Maximum coverage stipulated in Article 40 (for cases of accidental death or dismemberment in work-related travel) will increase to 24 times the worker’s monthly base salary. |
Graduates of Sena e Infotep programs [Technical HIgher Education System and National Institute for Technical and Professional Training] |
Extend the benefits in Article 54 to INFOTEP graduates. |
University Prácticas for Workers’ Children |
Increase from 2 to 3 the number of slots established in Article 56. |
Graduation ceremony leave |
Such leave with be granted following the exchange procedure established in Article 34. |
Opportunities for family members of workers who have passed away or become invalid. |
The following paragraph will be added to Article 60: The list of job applications from family members of workers who have passed away or become invalid will be reviewed every semester with the Sintracarbón Health Secretary. |
Individual Development Plan [promotions] |
All cases of workers who have been employed at the same level for over 36 months will be reviewed, and those who fulfill the requirements of the Individual Development Plan will be reclassified. Changes made in accordance with the IDP will be shared immediately with the union. |
Contributions to Sports Clubs |
The following paragraph will be added to Article 113: “The employer will donate $150,000,000 to supply sports club gymnasiums. It will donate a further $50,000,000 during the second year, if the results of the gym use are satisfactory. The Union, through its Health and Sports and Recreation Secretaries, will oversee the implementation of the pilot program.
The Employer will forgive the debt of $50,000,000 that it made to the SODRETRIS club. |
Injuries at company-sponsored sports events |
Review with the ARP (Administration of Professional Risks) and the Ministry of Social Protection the conditions that must be fulfilled in order to conform to the law. |
Sports sponsorship |
Add bicycling to Article 114. |
Subcontracted workers |
Add to Article 122: The employer, through its Human Resources department, will audit its subcontracting system to ensure that labor laws are being carried out. The results of the audits, and any corrective actions, will be shared with a representative designated by the union.
The Employer will facilitate inspections by the Ministry of Social Protection when such inspections are requested. |
Sale of Extra Vehicles |
Modify the procedure for the sale of extra vehicles, establishing a maximum sale value of 20% over the base value. |
Retirement Association Fund |
Article 113. The Employer will provide $11,000,000 to ASOPEJUCAR in the first year and $12,000,000 in the second year. With the first year’s payment the Employer will also provide an additional $4,000,000 to create the fund. |
Work-related travel |
Article 28 will be readjusted at the same rate as the wage increase. |
Expansion of benefits for temporary workers |
Article 6 will offer workers who have a contract longer than six months the opportunity to affiliate to the Benefits plan. |
Extra-legal service bonus |
$200,000 for the first year and $212,000 for the second year. |
Special contract bonus |
Article 100: $150,000 for the first year and $159,000 for the second year. |
Length-of-service bonus |
Article 101: Readjust to $12,000 for the life of the contract. |
Signing bonus |
$700,000 plus $500,000 for international prices averaging over US $48 per ton of coal exported from Puerto Bolívar. |
Special bonus |
$500,000 for the first year and $530,000 for the second year. This bonus will not be considered part of wages. It will be added to that provided by the extra-conventional agreement signed on May 5, 2006. |
Transportation |
The employer commits to resolving the problems of security and comfort (seats, noise level, temperature, and suspension) in its current buses prior to August 2007.
Transportation subsidies for workers traveling from Valledupar and Barranquilla will be adjusted according to the percentages of the wage increase. |
University Educational Benefits
Technology |
$1,455,000 during the first year and $1,550,000 during the second year. If this amount covers less than 80% of the tuition, the worker will receive an additional $300,000 for the first year and $320,000 for the second year.
Include technological degrees in the definition. |
Formal Education |
Readjust at the same rate as the wage increase. |
Wages |
7.7% in the first year, and cost of living plus 1.5% or 6% in the second year. |
Discretionary investment loans |
Through finanancial institutions (funds and cooperatives), low-interest loans will be available for workers facing economic difficulties. The loans will be of up to $20,000,000 at Fixed Term Deposit rates and another $10,000,000 at FTD plus 4%, with a 6 year term. 350 of these loans will be available. |
Aid to the Union |
$152,000,000 and $80,000,000 additional pesos on a one-time basis, for forums, research, and studies. |
Complementary Medicine Subsidy |
Basic subsidy of 40,000 pesos monthly for the first year, and 42,000 during the second year. An additional 5,000 pesos for every beneficiary up to four. This subsidy will be granted if and only if the worker is also covered by one of the complementary health plans. |
Term of contract |
Two years: 2007 and 2008. |
Family Health Fund |
The employer will provide $15 million pesos every trimester. Benefits currently pending will be paid. The Administration and the Union’s Health Commission will meet every two months to deal with any potential fund insolvency. |
Other readjustments |
The amounts not specified in this agreement will be readjusted at the same percentages as the wage increase for both years of the contract. |
This agreement reaches accord on the following articles in the Bargaining Proposal presented on November 20, 2006: 5, 6, 25, 28, 33, 36, 37, 38, 40, 45, 49, 51, 54, 56, 60, 64, 74, 77, 79, 81, 87, 96, 97, 99, 100, 101, 102, 103, 104, 110, 111, 112, 114, 115, 122, 124, 125, and the following new articles: 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17 y, 18. The bargaining committees agree to continue revising the detailed language of these points we have agreed upon.
Signed on January 28, 2007
FOR THE COMPANY FOR THE UNION
____________________________ ___________________________
ALVARO LOPEZ P. JOSE BRITO M.
____________________________ ___________________________
LORNA MORENO R. JESUS BROCHERO E.
____________________________ ___________________________
NASSER OBANDO D. ESNEIDER CORREA R.
____________________________ ___________________________
LEONARDO SALCEDO S. JAIME DELUQUEZ D.
____________________________ ___________________________
MARCOS MEJIA E. – Asesor LUIS CARLOS GUERRERO Z.
___________________________
GABRIEL PINTO L.
___________________________
DOMINGO TOVAR – Asesor CUT
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