EXHIBIT 10.49
AGREEMENT
Between
XXXXXX DISTRIBUTION - SCRANTON
SCRANTON, PENNSYLVANIA
and
TEAMSTERS OF LOCAL 000 XX XXXXXXXX, XXXXXXXXXXXX
AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA
December 10, 1995
through
December 11, 1998
TABLE OF CONTENTS
Page
----
AGREEMENT.................................................................. 1
ARTICLE I - UNION RECOGNITION - SCOPE OF AGREEMENT......................... 2
ARTICLE II - UNION SECURITY................................................ 2
ARTICLE III - CHECK OFF.................................................... 2
ARTICLE IV - MANAGEMENT RIGHTS............................................. 3
ARTICLE V - HOURS OF WORK, OVERTIME AND PREMIUM............................ 3
ARTICLE VI - SENIORITY..................................................... 4
ARTICLE VII - LEAVE OF ABSENCE............................................. 7
ARTICLE VIII - HOLIDAYS.................................................... 7
ARTICLE IX - VACATIONS..................................................... 8
ARTICLE X - HEALTH AND WELFARE AND PENSION................................. 9
ARTICLE XI - JURY DUTY..................................................... 11
ARTICLE XII - EMPLOYEE'S BAIL.............................................. 11
ARTICLE XIII - EXAMINATIONS................................................ 11
ARTICLE XIV - EXTRA HELP................................................... 11
ARTICLE XV - SANITARY CONDITIONS........................................... 11
ARTICLE XVI - JOB STEWARDS................................................. 12
ARTICLE XVII - SUBCONTRACTING.............................................. 13
ARTICLE XVIII - GRIEVANCE AND ARBITRATION PROCEDURES....................... 13
ARTICLE XIX - DISCHARGE OR SUSPENSION...................................... 14
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ARTICLE XX - TRANSFER OF COMPANY TITLE OR INTEREST......................... 14
ARTICLE XXI - INSPECTION PRIVILEGES........................................ 15
ARTICLE XXII - DEFECTIVE EQUIPMENT......................................... 15
ARTICLE XXIII - UNIFORMS................................................... 15
ARTICLE XXIV - EMPLOYEE BONDING............................................ 15
ARTICLE XXV - VARIATION FROM AGREEMENT..................................... 15
ARTICLE XXVI - NO STRIKES OR LOCKOUTS...................................... 16
ARTICLE XXVII - LEGALITY................................................... 16
ARTICLE XXVIII - LEADMAN................................................... 16
ARTICLE XXIX - TERMS OF AGREEMENT.......................................... 16
EXHIBIT A HOURLY WAGE RATES....................................... 17
EXHIBIT A-1 Damage Control Incentive Program........................ 18
EXHIBIT A-2 Safety/Attendance Incentive Program..................... 19
EXHIBIT B HEALTH BENEFITS SUMMARY - XXXXXX PLAN................... 20
EXHIBIT B-1 XXXXXXXXX HEALTH PLAN................................... 22
EXHIBIT C DENTAL ASSISTANCE PLAN - SUMMARY........................ 23
EXHIBIT D PLANT RULES AND SAFETY PROCEDURES....................... 25
SAFETY RULES................................................... 26
PLANT RULES.................................................... 30
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AGREEMENT
This Agreement made as of this twenty-seventh day of January 1996, by and
between Teamsters Local Union No. 229, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America
(hereinafter referred to as the "Union"), party of the first part, as
representative of the employees covered by this Agreement, and Xxxxxx
Distribution - Scranton (hereinafter referred to as the "Employer" or
"Company"), party of the second part.
It is the intent and purpose of the parties hereto to set forth herein the basic
Agreement covering wages, hours of work, conditions of employment, and the
method of adjusting alleged grievances to be observed between the parties
hereto.
The parties hereto also recognize that it is the general purpose of this
Agreement to promote the mutual interests of the Company and its employees and
to provide for the operation of the Company's business under methods which will
further, to the fullest extent possible, the economy and efficiency of operation
and avoidance of interruption to production, consistent at all times with the
Company's obligations under this collective bargaining Agreement.
The Union and the Company separately and jointly agree that all terms and
conditions of this Agreement will be applied equally to all employees regardless
of age, race, creed, color, sex, national origin, handicap or Vietnam veterans.
Wherein the text of this Agreement, words or masculine gender are used, they
shall be interpreted to denote either masculine or female gender.
ARTICLE I - UNION RECOGNITION - SCOPE OF AGREEMENT
--------------------------------------------------
The Employer recognizes and acknowledges that the Local Union is the sole and
exclusive representative of all employees in the classifications of work covered
by this Agreement as described in Exhibit "A," attached hereto and by this
reference made part hereof, for the purposes of collective bargaining as
provided by the National Labor Relations Act.
ARTICLE II - UNION SECURITY
---------------------------
Section 1. All present employees who are members of the Local Union on the
effective date of this subsection or on the date of execution of this Agreement,
whichever is the later, shall remain members of the Local Union in good standing
as a condition of employment. All present employees who are not members of the
Local Union and all employees who are hired hereafter shall become and remain
members in good standing of the Local Union as a condition of employment on and
after the forty-fifth (45th) day worked following the beginning of their
employment, or on and after the forty-fifth (45th) day worked following the
effective date of this subsection or the date of this Agreement, whichever is
the later.
This provision shall be made and become effective as of such time as it may be
made and become effective under the provisions of the National Labor Relations
Act, but not retroactively.
The failure of any person to become a member of the Union at the required time
shall obligate the Employer, upon written notice from the Union to such effect
and to the further effect that Union membership was available to such person on
the same terms and conditions generally available to other members, to forthwith
discharge such person. Further, the failure of any person to maintain Union
membership in good standing as required herein shall, upon written notice to the
Employer by the Union to such effect, obligate the Employer to discharge such
person.
In the event of any change in the law during the term of this Agreement, the
Employer agrees that the Union will be entitled to receive the maximum Union
security which may be lawfully permissible.
Section 2. Any employee member of the Union acting in any official capacity
whatsoever shall not be discriminated against for his acts as such officer of
the Union, so long as such acts do not interfere with the conduct of the
Employer's business, nor shall there be any discrimination against any employee
because of Union membership or activities.
Section 3. The Employer agrees to the posting within his business premises of
notices of Union meetings and other official Union matters by an elected or
appointed official of the Local Union. The Employer also agrees to provide the
Local Union suitable space for a Union bulletin board.
ARTICLE III - CHECK OFF
-----------------------
The employer agrees to deduct from the pay of all employees covered by this
Agreement the dues, initiation fees and/or uniform assessments of the Local
Union having jurisdiction over such employees and agrees to remit to said Local
Union all such deductions prior to the end of the month for which the deduction
is made. Where laws require written authorization by the employee, the same is
to be furnished in the form required. No deduction shall be made which is
prohibited by applicable law.
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ARTICLE IV - MANAGEMENT RIGHTS
------------------------------
Section 1. Subject to the provisions of the Agreement, and to the retention by
the Company of the rights ordinarily exercised by management, the Company shall
have the exclusive right to manage and operate the plant and all its facilities.
Such exclusive right shall include, but not be limited to the right: to hire new
employees, to determine their qualifications, and to terminate their employment
at the discretion of the Company while such new employees are still probationary
employees; to determine the products to be manufactured, and the methods,
processes, equipment and technological changes necessary to effect such
manufacture; to discipline or discharge for good and sufficient cause and to lay
off, assign, promote and transfer employees, and to determine and effectuate
personnel policies; to establish work schedules, including daily and weekly
hours of work, starting and quitting times, time for rest periods, shift
schedules and subcontracting, as herein provided for under Article XVII,
subcontracting, of this Agreement. All rights of a management nature, except
those specifically surrendered or modified by this Agreement, are retained by
the Company.
Section 2. Supervisors and other employees not in the bargaining unit shall not
perform work normally and historically performed by bargaining unit employees,
except on jobs where instruction is necessary, experimental work is being
performed, or in cases of emergency where the performance of work by excluded
personnel may be required. The foregoing notwithstanding, it is agreed that the
salaried employee designated as having the responsibility for supervising the
loading crew will be considered a "working foremen" and will perform any and all
functions/tasks associated with the loading of Xxxxxx Distribution trucks.
ARTICLE V - HOURS OF WORK, OVERTIME AND PREMIUM
-----------------------------------------------
Section 1. Intent. This Article is intended to set forth the regular hours of
work and to provide a basis for computing overtime and premium pay and shall not
be construed as a guarantee or limitation on the hours of work per day or per
week.
Section 2. Regular Workday and Workweek. The regular workday shall consist of
eight (8) consecutive hours, exclusive of lunch periods, and the regular
workweek shall consist of five (5) consecutive eighthour days, Monday through
Friday.
Section 3. Shift Differentials. The right to establish or discontinue shifts is
reserved exclusively to the Company. For the purposes of applying shift
differentials, employees scheduled to work the afternoon shift shall be paid a
shift differential of twenty-five cents (.25) per hour, effective, and those
scheduled to work the night shift shall be paid a shift differential of
thirty-five cents (.35) per hour, effective. An employee scheduled to work the
afternoon shift shall receive the differential of his regular shift.
Section 4. Temporary Assignment. An employee who is temporarily transferred
shall receive the rate of his job or the rate of the job to which he is
transferred, whichever is higher, provided that no change in the rate shall be
made unless the transfer exceeds one (1) hour. If the transfer exceeds four (4)
hours, the employee will receive the higher rate for all hours worked that day.
Section 5. Overtime. When overtime is required, it shall be offered first to the
employees who are in the classification within the department by seniority. If
the overtime requirements are not filled voluntarily, the least senior qualified
person(s) within the department must work.
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If the need for more qualified employees is necessary, the Company will attempt
to fill the need with the most senior qualified employee outside the department.
If unable to fill the need, the least senior qualified person outside the
department must work.
Daily overtime will be posted by 1:00 p.m. on the day the overtime is to be
performed. Saturday overtime will be posted by 12:00 Noon on the preceding
Thursday.
Section 6. No Pyramiding. There shall be no pyramiding or duplication of
overtime or other premium rates or any provision in Article V.
Section 7.(a). Reporting in Pay. Any employee who reports for work the beginning
of his scheduled shift and is not put to work shall be guaranteed a minimum of
four (4) hours of straight-time pay. The provisions of this Section 7 shall not,
however, apply where the failure of the Company to provide work is caused by
labor disputes, floods, power failure, fire, unforeseen circumstances, or
conditions beyond the control of the Company.
Section 7(b). In the application of this provision of the labor agreement, an
employee who reports to work at the beginning of his scheduled shift, and finds
there is no member of management present to provide appropriate work direction,
will be paid reporting pay if otherwise eligible under this provision, provided
the employee waits a period of not less than thirty (30) consecutive minutes to
await the arrival of management.
Section 8. Breaks. All employees are entitled to two (2) ten minute breaks.
These breaks will be allowed whenever practical mid-way between the start of the
shift and lunch and mid-way between lunch and when the employee punches out.
Employees who work more than two (2) hours overtime on any day will be entitled
to an additional ten (10) minute break. The foregoing does not apply to overtime
performed on Saturday or Sunday.
Section 9. Overtime Pay. All hours worked in excess of eight (8) hours worked in
any workday or in excess of forty (40) hours worked in any workweek shall be
paid for at the rate of time and one-half.
Section 10. Exhibit "A". Classifications, wage rates and related working
conditions and other provisions of this Agreement are as set forth in Schedule
"A," attached hereto and by this reference made part hereof.
Section 11. Lunch. The Company shall schedule an unpaid lunch period of not less
than one-half (1/2) hour as close as possible to the middle of the shift.
Section 12. Pay Day. Employees shall be paid weekly on the day designated as pay
day. If pay day falls on a holiday, one (1) day before shall be pay day.
ARTICLE VI - SENIORITY
----------------------
Section 1. Seniority shall govern the order of layoffs, recalls and promotions
to the extent provided in the succeeding provisions of this Article.
Section 2. Seniority is defined as the employee's length of continuous service
at the Company's plant commencing with his first date of employment.
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Section 3. A new employee and an employee rehired after a break in service, as
defined in Section 4 of this Article, shall have no seniority and may be laid
off or discharged in the sole discretion of the Company during the first
forty-five (45) days worked of his employment and shall, during that period, be
considered a probationary employee. At the end of forty-five (45) days worked,
his seniority shall be computed as of his first day of employment.
Section 4. An employee's seniority and his employment with the Company shall
terminate upon the occurrence of any of the following:
1. Voluntary quit or resignation.
2. Discharge for cause.
3. Absence exceeding the period for which a leave of absence has
been granted or extended unless the employee's excuse is
satisfactory to the Company.
4. Layoffs in excess of two (2) years or length of service,
whichever is less.
5. Absence for three (3) consecutive scheduled working days
without notice to the Company.
6. Failure to notify the Company within three (3) working days of
an intention to return to work (within three (3) calendar
days) following the delivery of a certified mail letter of
recall from layoff mailed to the employee's last known
address.
7. Acceptance of other employment while on leave of absence
unless agreed to in writing by the Company.
8. Absence from work by reason of the employee's illness or
injury in excess of three (3) years or length of service,
whichever is less.
9. Voluntary retirement.
Section 5. The Company shall prepare a seniority roster annually, the first of
which shall be posted on the plant bulletin board within thirty (30) days after
the execution of this Agreement. During the thirty (30) days following the first
posting, an employee may request a correction to said list by filing a written
request with his supervisor. If the correction is in order, the Company will
make said correction on the posted list. If not, the employee will be notified
of the reason. Similar procedures shall be followed with respect to subsequently
posted lists except that corrections thereto shall be limited to any changes
from the last preceding list, and requests for corrections shall be made within
the first ten (10) days of posting.
Section 6. A temporary vacancy is one of uncertain duration which lasts for a
period of fifteen (15) work days or less. When it becomes necessary to fill a
temporary vacancy in the warehouse or shops, the Company agrees to transfer the
least senior qualified employee whenever possible. When it becomes necessary to
fill a temporary vacancy in the truck driver classification, the Company agrees
to transfer the most senior qualified employee whenever possible.
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Section 7. Should it be documented and proven by the Company that an employee
does not possess the ability to perform a specific job or work operation to
which he is assigned, the employee shall be relieved from said job or specific
work operation and allowed to exercise his seniority for the purpose of choosing
a job that he is qualified to perform.
If the Union or employee feels the Company has acted arbitrarily, the matter may
be referred to the grievance procedure.
Section 8. When new jobs of permanent nature are created, or where permanent
vacancies occur, any employee having completed his probationary period and
having made previous application for transfer, will be given consideration for
such vacancy on the basis of plant seniority and ability. When an employee
accepts a transfer to another job classification, all other transfer requests
become invalid for not less than three (3) months duration.
If an employee accepts a transfer to another job classification and it later
develops the employee is unable to utilize his abilities to the best advantage
in the department to which he has been transferred, he shall within fifteen (15)
work days be allowed to return, or be returned, to the department and job
classification from which he was transferred. Such employee may not request
another transfer for a period of one (1) year. An employee may refuse a transfer
and his transfer slip(s) will remain in the active file for future
consideration.
Section 9. It shall not be a violation of this Agreement, and shall not be cause
for discharge or disciplinary action, if any employee refuses to cross a primary
picket line authorized by a union.
The above, however, does not apply to picket lines established by parties to or
directed at any other company sharing the present facility located in the
Keystone Industrial Park in Dunmore, Pennsylvania, that is presently the
Company's place of business.
Section 10. Any employee desiring to leave an employment position must give the
Employer one (1) week notice in writing of such intention or lose all rights
under this Agreement. If, because of lack of employment, the Employer wishes to
lay off any employee, the Employer shall notify the employee as soon as
possible.
When it becomes necessary to reduce the working force, the last employee on the
seniority list shall be laid off first; and when the force is again increased,
the employees are to be returned to work in the reverse order in which they were
laid off, providing they still maintain seniority as described herein, and
further providing the employees retained at the time of layoff or the employees
recalled at the time of recall from layoff must be qualified to perform the work
required.
Section 11. An employee promoted or transferred from a job within the bargaining
unit to a position outside such unit shall continue to accumulate plant
seniority from which he came for a period of one hundred eighty (180)
consecutive days, and if he remains beyond that period in his new position, he
will forfeit all seniority rights under this Agreement. The 180 day maximum
shall not be cumulative. It is further understood and agreed that an employee is
obligated to continue to pay union dues during the 180 day period for the sole
purpose of protecting seniority rights. In the event an employee fails to pay
union dues in accordance with the prescribed schedule, all seniority rights will
be forfeited on the date of transfer to the non-bargaining unit position.
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ARTICLE VII - LEAVE OF ABSENCE
------------------------------
Section 1. Employees desiring a leave of absence shall make written application
to the Company and if, in the judgment of the Company, good cause exists, a
leave of absence without pay my be granted in writing not to exceed thirty (30)
calendar days without prejudice to the employee's seniority rights. Extension of
a leave of absence for additional thirty (30) day periods not to exceed a total
of ninety (90) days may be granted by the Company in writing, if, in its
judgment, good and sufficient cause exists. Any employee who accepts employment
with another employer during a leave of absence shall be terminated unless
otherwise agreed to in writing by the Company.
Section 2. A leave of absence will be granted an employee with full pay to take
time off on a scheduled work day because of a death in the employee's family
(spouse, child, parent, brother, sister or current parent-in-law) to attend the
funeral. The Company will pay the employee for a maximum of three (3) scheduled
work days occurring between the date of death to and including the date of the
funeral.
For grandparents, current brother or sister-in-law, xxxxxx parent or xxxxxx
child, or grandchild, the Company will pay the employee one (1) scheduled work
day for the date of the funeral.
The Company reserves the right to require proof of death prior to reimbursement
being paid for lost time.
ARTICLE VIII - HOLIDAYS
-----------------------
Section 1. Observed Holidays. The following holidays will be observed by
eligible employees each contract year:
1. New Year's Day 6. Day After Thanksgiving
2. Memorial Day 7. Monday After Thanksgiving
3. July 4th 8. Christmas Eve
4. Labor Day 9. Christmas Day
5. Thanksgiving Day 10. New Year's Eve Day
Section 2. Holiday Pay and Schedules.
1. If a holiday falls on a Saturday, the preceding Friday will be
celebrated as the holiday. If the holiday falls on a Sunday, the
following Monday will be celebrated as the holiday.
2. For each designated holiday, an eligible employee shall receive eight
hours of straight-time pay for each full holiday provided the following
requirements are met:
a. Employee must have completed his probationary period, and
b. Employee must have worked in full the Company's regularly
scheduled work day prior to and the Company's regularly
scheduled work day subsequent to the holiday.
3. Any employee who works on a scheduled holiday will be paid time and
one-half the regular hourly rate for all hours worked in addition to
the regular holiday pay.
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4. If an employee is scheduled to work on a designated holiday and agrees
to do so and subsequently fails to report as scheduled without being
excused in writing by the Company, he shall be denied holiday pay.
ARTICLE IX - VACATIONS
----------------------
Section 1. Vacation Benefits. Subject to the following qualifying provisions,
employees covered by this Agreement shall be granted vacations with pay in
accordance with the following schedule.
LENGTH OF CONTINUOUS SERVICE VACATION ALLOWANCE
---------------------------- ------------------
1 year, but less than 3 years 1 week
3 years, but less than 8 years 2 weeks
8 years, but less than 15 years 3 weeks
15 years and over 4 weeks
For purposes of this Article, length of continuous service shall include service
with X. X. Xxxxxxx Co., provided there has been no break in service.
Section 2. Vacation Pay. Vacation pay shall be at the regular straight-time
hourly rate of pay based on the last work week ending prior to the vacation
period multiplied by forty (40) hours.
To qualify for the first week of vacation, an employee must:
a. be a regular employee who has completed his probationary
period and is on the seniority list;
b. have completed one (1) year of employment from his established
seniority date;
c. have worked a minimum of eight hundred (800) hours or more
prior to his anniversary date.
Section 3.
A. Employees who have worked 800 hours or more during the preceding
qualification year shall be eligible for vacation benefits. Vacation,
holiday and overtime hours, as well as time not worked because of
occupational injury or illness shall count as time worked for the
purpose of qualifying for vacation, provided employees on occupational
illness or injury would have otherwise earned qualifying hours.
B. An employee who becomes deceased or retires and has worked eight
hundred (800) hours as required in paragraph (a) above during the
contract year shall be paid for the vacation for which he has
qualified.
C. When an employee becomes permanently disabled, he shall qualify for his
vacation period only during the period in which such permanent
disability occurs.
An employee who is unable to work because of occupational or
non-occupational disability shall be paid vacation pay:
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(1) for vacation which he is qualified for in the vacation period
preceding the vacation period in which the disability
occurred; and
(2) for the vacation for which he qualified for working eight
hundred (800) hours required in 3 (a) above, prior to the date
of the disability during the vacation period in which the
disability occurred.
Section 4. Vacation Periods.
A. Vacations shall be scheduled during the 12 month period January 1st
through December 31st.
B. One week of vacation must be taken in five (5) consecutive days.
C. Must be scheduled and taken during the calendar year (vacation period).
D. Must be scheduled by seniority.
E. The Employer shall determine the number of employees working in each
job classification permitted to be on vacation during a given work
week.
F. Holiday pay shall be paid in addition to vacation pay when a holiday
specified in this Agreement occurs during a selected vacation period;
however, the employee may reschedule one (1) day vacation at a later
date if he so chooses.
G. Any employee with three (3) or more weeks of vacation must take one (1)
week in the month of either December, January, February or March.
H. Employees with more than one (1) week vacation eligibility, to apply
day-at-a-time vacation to days they are absent for sickness, subject to
the following:
1. Company approval of the request is required. Such approval is
necessary to avoid abuse, and will not be unreasonably withheld.
2. An employee must request the application of the vacation day(s)
to the sick day(s), within three (3) working days following his
return to work.
ARTICLE X - HEALTH AND WELFARE AND PENSION
------------------------------------------
Section 1. The Employer and Union have agreed to a program of benefits for
employees in the bargaining unit represented by the Union and covered by this
Agreement. The insurance programs for the employees and their dependents, where
applicable, as set forth in Exhibits B and C attached, shall be continued for
the life of this Agreement.
Section 2. The Employer agrees to maintain the current health and welfare plan
with the following improvements with 15% of the monthly premium paid by the
employee.
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a. Life Insurance and AD & D - Double the Amount
---------------------------------------------
Effective December 10, 1995 - $13,000
Effective December 10, 1996 - $14,000
Effective December 10, 1997 - $15,000
Employees have the option of purchasing a like amount of additional
life insurance with AD & D at a cost of $0.24 per thousand. Purchases
must be in the amount in effect and will be increased to the full
amount whenever an increase is provided by the Agreement.
b. Sickness and Accident (26 week maximum)
---------------------------------------
Effective December 10, 1995 - $165.00 weekly
Effective December 10, 1996 - $175.00 weekly
Effective December 10, 1997 - $185.00 weekly
c. Comprehensive Health Program
Major Medical life-time maximum of $250,000
See Exhibits B & C for outline of Medical and Dental Summary
of Plans.
Section 3. Pension. The pension program is set forth in the document entitled
"Xxxxxx Products Ltd. Pension Plan for Hourly Paid Employees," a copy of which
has been presented to the Union. Said plan and all terms and conditions thereof
shall be deemed to be part of this Agreement as if fully set forth herein.
During the term of this agreement the monthly benefit payable to employees who
retire will be $13.00 multiplied by the employee's years of credited service.
Section 4. Effective January 1, 1999 all active bargaining unit employees are
eligible to participate in the Xxxxxx Products Ltd. Profit Sharing and Savings
Retirement (401(K)) Plan. Such participation shall be in accordance with the
terms of that Plan. Also effective January 1, 1999, all Pension benefit accrual
under Section 3 shall cease.
Section 5. The annual cost of the Health and Dental Plans outlined in Exhibits B
and C shall be paid 85% by the Company and 15% by the employee.
Section 6. Employee contributions to the Xxxxxx Medical Plan will continue at
15% of the established annual cost of the Plan. In 1996, the employee
contribution will be $7.10 per week for single coverage and $17.57 per week for
family coverage.
Employees who choose the Xxxxxxxxx Health Plan (HMO) for 1996 will pay only for
the dental portion of the Xxxxxx Medical Plan at $0.73 per week for single
coverage and $1.70 per week for family coverage. Dental employee contribution in
1997 and 1998 will continue at 15% of the total cost of the Xxxxxx Dental Plan
in those years.
Xxxxxxxxx Health Plan (HMO) cost increases in 1996, 1997, and 1998 will be
absorbed by the Company up to a maximum of 10% above the preceding year's cost.
Any cost increases in excess of the 10% will be the responsibility of the
individual employees enrolled in the Plan.
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ARTICLE XI - JURY DUTY
----------------------
In the event that an employee loses all or part of work time on account of jury
service, the Employer shall pay such employee an amount sufficient to guarantee
no loss in wages on account of such absence from work. Employees shall notify
the Employer within forty-eight (48) hours after they receive jury notice.
ARTICLE XII - EMPLOYEE'S BAIL
-----------------------------
Employees will be bailed out of jail if accused of any offense in connection
with the faithful discharge of their duties, and any employee forced to spend
time in jail or in courts shall be compensated at the employee's regular rate of
pay. In addition, the employee shall be entitled to reimbursement for all meals,
transportation, court costs, etc.; provided, however, that faithful discharge of
duties shall in no case include compliance with any order involving commission
of a felony. In case an employee shall be subpoenaed as a Company witness, such
employee shall be reimbursed for all time lost and expenses incurred.
ARTICLE XIII - EXAMINATIONS
---------------------------
Physical, mental or other examinations required by a government body or the
Employer shall be promptly complied with by all employees; provided, however the
Employer shall pay for all such examinations.
Employees shall not be required to take examinations during working hours unless
paid by the Employer.
ARTICLE XIV - EXTRA HELP
------------------------
A. Additional Help
---------------
When additional help is needed on a Company assignment, it shall be
furnished by the Employer and all responsibilities will be the
Company's, provided the Company has approved.
B. Temporary Seasonal Employees
----------------------------
Temporary Seasonal Employees will be advised at the time of employment
that the length of service will be limited to a six (6) month period
within a calendar year provided there are no qualified employees on
layoff who want to perform the work involved. Temporary/seasonal
employees will not hold any seniority over regular employees with
respect to job placement or transfer, nor will they be entitled to any
benefits under this agreement. Temporary/seasonal employees are
required to join the Union as prescribed in Article II, Section 1.
ARTICLE XV - SANITARY CONDITIONS
--------------------------------
Section 1. The Company shall continue to make reasonable provisions for the
safety and health of its employees at the plant during their working hours of
employment.
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Section 2. Required safety protective devices for the safety and health of the
employees during working hours shall be supplied by the Company and used by the
employees unless otherwise specified in a Memo of Understanding.
Section 3. The Employer agrees to maintain a clean, sanitary washroom having
running water and toilet facilities.
Section 4. The Company shall maintain a first aid kit and all the necessary
supplies for administering first aid.
Section 5. Employees injured while at work who are directed by supervision to
leave the plant will be paid for a full eight (8) hour day or the time necessary
for treatment, whichever is less.
Section 6. The Company will furnish a lunchroom for its employees; however, the
Union agrees that its members will maintain this facility in a clean and
sanitary condition.
ARTICLE XVI - JOB STEWARDS
--------------------------
The Employer recognizes the right of the Union to designate job stewards and
alternates.
The authority of job stewards and alternates so designated by the Union shall be
limited to and shall not exceed the following duties and activities:
1. The investigation and presentation of grievances in accordance
with the provisions of the collective bargaining agreement.
2. The collection of dues when authorized by appropriate Local
Union action.
3. The transmission of such messages and information which shall
originate with and are authorized by the local Union or its
officers, provided such messages and information have been
reduced to writing, or if not reduced to writing, are of a
routine nature and do not involve work stoppages, slowdowns,
refusal to handle goods, or any other interference with the
Employer's business.
Job stewards and alternates have no authority to take strike action or any other
action which interrupts the Employer's business. The Employer recognizes these
limitations placed upon the authority of the job xxxxxxx and their alternates
and shall not hold the Union liable for any unauthorized acts if the Union
complies with the steps outlined in Article XXVI, No Strikes or Lockouts.
The Union shall notify the Company in writing the naming of the official Union
stewards and their alternates. The Company shall not be required to recognize or
deal with any employee or employees whose name does not appear on the furnished
list.
Stewards shall be permitted to investigate, present and process grievances
without loss of time or pay. Such time spent in handling grievances shall be
considered working hours in computing daily and/or weekly overtime.
-12-
It is understood that stewards are not permitted to leave their work area unless
permission has first been obtained from their supervisor unless in an emergency
situation. The supervisor will not arbitrarily hold back permission.
ARTICLE XVII - SUBCONTRACTING
-----------------------------
It is understood that the nature of the business makes it imperative that the
Company maintain the right to continue to subcontract that work that it has
subcontracted in the past.
ARTICLE XVIII - GRIEVANCE AND ARBITRATION PROCEDURES
----------------------------------------------------
Section 1. A grievance is hereby jointly defined to be any controversy,
complaint, misunderstanding, or dispute, and any grievance arising between the
Company and the Union or an employee represented by the Union shall be settled
in the following manner:
Step 1. The aggrieved employee or employees must present the grievance
to the Shop Xxxxxxx within five (5) working days after the reason for
the grievance has occurred or the employee should have known. If a
satisfactory settlement is not effected with the xxxxxxx within five
(5) working days, the Shop Xxxxxxx and employee shall submit such
grievance in writing to the Union's Business Representative.
Step 2. The Business Representative shall then take the matter up with
a representative of the Company with authority to act upon such
grievance. A decision must be made within five (5) working days.
Step 3. In the event they are unable to so agree, the matter shall be
referred to the American Arbitration Association within seven (7) days.
After the service submits a list of Arbitrators to the Union and the
Company, they shall reply with their preferred selections no later than
seven (7) days after the receipt of such list. The expense of the
arbitrator selected or appointed shall be borne equally by the Company
and the Union.
Section 2. Any Shop Xxxxxxx, upon approval of the supervisor, shall be permitted
to leave his work without loss of wages to investigate and adjust the grievance
of any employee within his jurisdiction. Employees shall have the Shop Xxxxxxx
or a representative of the Union present during the discussion of any grievance
with the representative of the Company.
Section 3. If the Union or Company fails to comply with any settlement of the
grievance or fails to comply with the procedures of this Article, the Union or
the Company has the right to take all legal and economic action to enforce its
demands.
Section 4. The Arbitrator shall not have the authority to amend or modify this
Agreement or establish new terms or conditions under this Agreement. The
Arbitrator shall determine any question of arbitrability. In the event the
position of the Union is sustained, the aggrieved party shall be entitled to all
benefits of this Agreement which would have accrued to such employee had there
been no grievance.
Section 5. Both parties agree to accept the decision of the Arbitrator as final
and binding. If the Company or Union fails to comply with the award of the
Arbitrator or with the procedures of this Article, the Company or Union has a
right to take all legal and economic action to enforce compliance.
-13-
Section 6. The cost of the Arbitrator's fees and expenses shall be divided
equally by the parties. Either party shall have the right to have a transcript
of the proceedings and to furnish a copy thereof to the Arbitrator. If both
parties agree to a transcript, the cost thereof, including the cost of the
Arbitrator's copy, shall be divided equally by the parties.
The Arbitrator shall have no authority to amend, modify or add to the provisions
of this Agreement or rule on any of the Company policies, rules or regulations.
The Arbitrator's award shall be final and binding on both parties and on all
employees in the bargaining unit. The Company shall not be required to pay back
wages prior to the date a written grievance is filed.
Section 7. Any grievance not appealed to the next succeeding step in accordance
with the time limits set forth can be objected to by the Company as untimely.
The parties may, in any individual case, by mutual agreement extend the time
limits in any step. Grievances regarding discharges shall be processed directly
into Step 2.
Section 8. The term "working days" as used in this Article only means calendar
days exclusive of Saturdays, Sundays and holidays.
ARTICLE XIX - DISCHARGE OR SUSPENSION
-------------------------------------
The Employer shall not discharge or suspend any employee without just cause. In
all cases involving discharge or suspension of an employee, the Company must
immediately notify the employee in writing of such discharge or suspension and
the reason therefore. Such written notice shall also be given to the Shop
Xxxxxxx and a copy mailed to the Local Union office within three (3) working
days.
Any employee discharged must be paid in full for all wages owed such employee by
the Employer on the following pay period.
The warning notice as herein provided shall not remain in effect for a period of
more than nine (9) months from the date of the occurrence upon which the
complaint and warning notice are based.
A discharged or suspended employee must advise the Local Union in writing,
within five (5) working days after receiving notification of such action against
such employee, of the employee's desire to appeal the discharge or suspension.
Notice of appeal from discharge or suspension must be made to the Employer in
writing within five (5) working days from the date of discharge or suspension
and/or return to the employee's home domicile, whichever is later.
If the Union and the Employer are unable to agree as to the settlement of the
case, then it may be referred to the grievance machinery as set forth in this
Agreement.
ARTICLE XX - TRANSFER OF COMPANY TITLE OR INTEREST
--------------------------------------------------
Applicable laws will apply.
-14-
ARTICLE XXI - INSPECTION PRIVILEGES
-----------------------------------
Authorized agents of the Union shall have access to the Employer's premises and
establishment during working hours for the purpose of adjusting disputes,
investigating working conditions, and ascertaining that the Agreement is being
adhered to; provided, however, that there is no interruption of the firm's
working schedule.
However, it is understood that the authorized agent of the Union will notify the
General Manager of his representative of the authorized agent's presence.
ARTICLE XXII - DEFECTIVE EQUIPMENT
----------------------------------
It shall not be a violation of this Agreement for any employee to refuse to
operate any equipment that does not meet the requirements of applicable law
regarding safety, etc.
ARTICLE XXIII - UNIFORMS
------------------------
The Employer agrees that if any employee is required to wear any kind of uniform
as a condition of his continued employment, such uniform shall be furnished and
maintained by the Employer, free of charge, at the standard required by the
Employer.
It is understood that the employee is responsible for the washing or dry
cleaning of said uniform.
ARTICLE XXIV - EMPLOYEE BONDING
-------------------------------
If the Employer requires an employee to be bonded, such bonding fee shall be
paid by the Employer.
ARTICLE XXV - VARIATION FROM AGREEMENT
--------------------------------------
Section 1. Employer and employee shall not enter into or make any written or
verbal agreement which is in conflict with this Agreement.
Section 2. Practices and Prior Agreements. The Company and Union agree that both
parties during the negotiations of this initial agreement had an opportunity to
raise and negotiate any and all known issues or questions concerning hours,
wages and conditions of employment, and the Union and the Company waive for the
term of this Agreement their rights to negotiate any matter which was discussed
or which was known and not discussed during the negotiations.
However, if an issue develops which was not know by either party, the matter
will be discussed and a mutual agreement reached. If the matter cannot be
resolved, the issue may be subject to the Arbitration procedure.
-15-
ARTICLE XXVI - NO STRIKES OR LOCKOUTS
-------------------------------------
The parties hereto mutually agree that during the term of this Agreement there
shall be no authorized strikes, work stoppages, slowdowns, boycotts, etc., by
the Union, nor shall there by any lockouts by the Employer for any reason
whatsoever, and that any difference concerning the application or interpretation
of the terms of this Agreement which cannot be amiably adjusted by and between
the parties shall be submitted to arbitration in accordance with the grievance
and arbitration provisions of this Agreement.
In the event of any violation of this Article, the Union agrees that upon
notification by the Company, the Union will take immediate affirmative steps
with employees concerned to bring about an immediate resumption of the normal
operation of the Company; provided, however, that the inability of the Union to
bring about an immediate resumption of the normal operations of the Company,
after a good faith attempt to do so, shall relieve the Union of any liability
whatsoever arising out of a violation of this Article.
ARTICLE XXVII - LEGALITY
------------------------
Nothing in this Agreement is intended to deprive the Union or the employees of
any rights provided to them by any statutes of the United States or the State of
Pennsylvania.
ARTICLE XXVIII - LEADMAN
------------------------
Section 1. It is understood and agreed that the Employer may at its discretion
assign leadmen in the various departments within the plant. In addition to their
regular duties, leadmen will be responsible for planning, assigning, instructing
and directing the work of others, including the safety of function performed.
Leadmen will work with and under the general supervision of regular salaried
supervisors.
Section 2. A leadman will receive fifty cents (.50) per hour above his regular
rate of pay. No employee shall be forced to act in the capacity of a leadman
against his will.
Section 3. It is further understood and agreed that vacancies in the leadman
classification are exempt from the provisions of Article XI, Section 8.
ARTICLE XXIX - TERMS OF AGREEMENT
---------------------------------
This Agreement shall go into full force and affect on the tenth day of December
1995, and shall remain in full force and effect up to and including the tenth
day of December 1998, and thereafter from year to year for one (1) year periods,
unless either party to this Agreement gives sixty (60) days notice in writing
prior to the expiration date of this Agreement, or any subsequent year thereof,
of their intentions to have same changed.
FOR THE UNION: FOR THE COMPANY:
__________________________________ ____________________________________
__________________________________ ____________________________________
__________________________________ ____________________________________
-16-
EXHIBIT A
---------
HOURLY WAGE RATES
-----------------
================================================================================
EFFECTIVE
--------------------------------------------------------------------------------
A. CLASSIFICATION 12-10-95 12-09-96 12-08-97
--------------------------------------------------------------------------------
Tractor Trailer 10.95 11.15 11.35
-------------------------------------------------------------------------------
Van 10.75 10.95 11.15
--------------------------------------------------------------------------------
Shop 10.00 10.20 10.40
--------------------------------------------------------------------------------
Warehouse 10.00 10.20 10.40
--------------------------------------------------------------------------------
Summer Help 6.70 6.90 7.10
--------------------------------------------------------------------------------
B. HIRING SCALE 12-10-95 12-09-96 12-08-97
--------------------------------------------------------------------------------
1. First six (6) month period worked (80%) 8.00 8.16 8.32
--------------------------------------------------------------------------------
2. 2nd six (6) month period worked (85%) 8.50 8.67 8.84
--------------------------------------------------------------------------------
3. 3rd six (6) month period worked (90%) 8.90 9.18 9.36
--------------------------------------------------------------------------------
4. 4th six (6) month period worked (95%) 9.50 9.69 9.88
--------------------------------------------------------------------------------
5. Beginning 24th month 10.00 10.20 10.40
--------------------------------------------------------------------------------
C. In the event a Tractor Trailer or Van Driver is employed from outside
the bargaining unit, the hiring scale percentages set forth in
Paragraph B above apply to the employee's wage progression.
================================================================================
Annual Cash Payment:
--------------------
At the conclusion of each of the three contract years, employees will receive a
cash payout of $100.00 less appropriate taxes. These payouts stand alone and are
not considered a part of the incentive plans set forth in Exhibits A-1 and A-2.
-17-
EXHIBIT A-1
-----------
Damage Control Incentive Program
--------------------------------
Effective January 1, 1996
-------------------------
Program: Actual controllable damage for 1995 = $24,000
Xxxxxx Distribution will share dollars saved with all hourly employees based
upon the following scale:
1996 = 50% savings below 1995 actual.
1997 = 60% savings from prior year provided an improvement
over 1995.
50% if no improvement.
1998 = 70% savings from prior year provided an improvement
over 1995.
50% if no improvement
Example
-------
1996 cut damage expense by 50% = $12,000 savings to Xxxxxx Distribution.
Share of 50% = $6,000.
Average of 24 hourly employees = $250.00/employee
Value equivalent per hour = $0.12
Payouts will be a lump sum less applicable taxes, at the end of each calendar
year of this contract.
-18-
EXHIBIT A-2
-----------
Safety/Attendance Incentive Program
-----------------------------------
Effective February 10, 1996
---------------------------
Program:
--------
Earn $1.00 per day for every day worked throughout the year. There are
approximately 252 working days in a year. An individual with perfect attendance
and no Safety Incidents would earn $252.00 or 0.12/hour over their normal rate
based on a forty hour work week. The scale will work as follows:
Perfect attendance no recordable safety incidents. Full Payment
Unscheduled absence from work. Less $50.00/for each
absence
Recordable safety incident (medical treatment,
(restricted work) Less $100.00/incident
Lost time incident. No payment
Failure to report an incident. No payment
Example:
--------
Value equivalent per hour (2080 annual hours)
Full payment = 0.12/hour
Unscheduled absence, lose 0.024/hour
Recordable Safety Incident, lose 0.048/hour
Payouts will be on a lump sum, less applicable taxes, at the end of each
calendar year of this contract.
-19-
EXHIBIT B
---------
HEALTH BENEFITS SUMMARY - XXXXXX PLAN
-------------------------------------
For you and your dependents
COMPREHENSIVE MEDICAL BENEFIT
Maximum Benefit per lifetime - $250,000
Individual Cash Deductible per Calendar Year - $100
Family Cash Deductible per Calendar Year - $200 (See Benefit)
Percentage of Covered Expenses Payable by the Plan
o All expenses except Non-confining Mental or Nervous Disorders
o 100% of the following Covered Expenses (The Cash Deductible does not
apply to these expenses):
-- Hospice Services
-- Home Health Services
-- Birthing Center Services
-- Pre--admission Testing
-- Post--admission Testing
-- Generic Prescription Drugs
-- One Routine Pap Test in a Calendar Year
-- Skilled Nursing Facility Care After Hospital Confinement
-- Ambulatory Surgical Center Services
-- Second Surgical Opinions
-- Covered Expenses Due to an Accident Which Happens While Covered.
The expenses must be incurred within 90 days after and be due to
the accident.
The Cash Deductible does not apply to these expenses. (Up to $300 for each
accident.)
-- Out-patient Surgery and Related Expenses
-- Consultation with a Specialist Surgeon. This surgeon can not be
the one originally scheduled to perform the surgery.
-- X-rays, laboratory test and other diagnostic procedures needed for
the consultation.
If the second surgical opinion does not confirm the need for surgery, payment
will be made for another surgical opinion in the same manner as the second
opinion.
-- 80% for all other Covered Expenses until the Out-of-Pocket Feature
applies. (The Cash Deductible applies to these expenses.)
-- 100% for all Covered Expenses when the Out-of-Pocket Feature
applies.
-- Expenses for Non-confining Mental or Nervous Disorders 50% (The
Out-of-Pocket Feature does not apply.)
-20-
OUT-OF-POCKET FEATURE
When benefits are paid by the Plan at 80%, you have to pay the remaining 20% of
Covered Expenses.
When this 20% plus the Cash Deductible that you pay reaches $1,000 for any
person in a Calendar Year, benefits will be paid by the Plan at 100% of
allowable charges for that person for the rest of that year.
If the 20% plus the Cash Deductible that you pay reaches $2,000 for all Covered
Family Members in a Calendar Year, benefits will be paid by the Plan at 100% of
allowable charges for your family for the rest of that year.
-21-
EXHIBIT B-1
-----------
XXXXXXXXX HEALTH PLAN
---------------------
NOTE: The following plan explanation of the Xxxxxxxxx Health Plan is
intended to be a summary only. Benefits, limitations, and
exclusions are provided in accordance with the Subscription
Certificate and applicable riders under which a member is
enrolled.
[Chart outlining specific benefits under the plan.]
-22-
EXHIBIT C
---------
DENTAL ASSISTANCE PLAN - SUMMARY
--------------------------------
HOW THE PLAN WORKS
The Dental Assistance Plan covers four types of dental care:
CLASS A
Preventative and Diagnostic Services
Routine Cleaning
Oral Exams (Up to twice in a
Topical Application of Fluoride 12 month period.)
Dental X-rays
The Plan is designed to encourage you and your family to see
your dentist regularly for check-ups. Therefore, no deductible
need be met for Preventative and Diagnostic Services. In
addition, the amount of your reimbursement will be 100%.
CLASS B
Basic Restorative Services
Fillings Periodontic (gum) Treatment
Extractions Repair of Crowns, Bridges,
and Dentures
Root Canal Therapy Anesthesia
Oral Surgery
After you meet the deductible (described below), you will be
reimbursed at the rate of 80% of reasonable and customary
charges for Basic Restorative Services.
CLASS C
Major Restorative Services
Crowns
Bridges
Dentures
After you meet the deductible, you will be reimbursed at the
rate of 50% of reasonable and customary charges for Major
Restorative Services.
CLASS D
Orthodontic Services
Treatment to Straighten Teeth
After you meet the deductible, you will be reimbursed at the
rate of 50% of reasonable and customary charges for
Orthodontic Services - up to a lifetime maximum of $500 for
each covered person.
-23-
THE DEDUCTIBLE
Payments for all dental services except CLASS A - Preventative and Diagnostic
Services will start after you meet the annual deductible.
Annual Deductible $35.00 per person ($70.00
----------------- family maximum)
MAXIMUM BENEFITS
The Plan will pay up to $1000 per year for each covered person for Class A,
Class B, and Class C Services combined. For Class D Services, there is a
lifetime maximum of $500 for each covered person.
-24-
EXHIBIT D
---------
PLANT RULES AND SAFETY PROCEDURES
---------------------------------
Let it clearly be understood that the list of rules and safety
procedures below ARE NOT all inclusive and do not cover every rule or cause for
disciplinary action.
Each offense listed normally calls for the penalty noted, with each
repetition of an offense carrying a more severe penalty as indicated. In
addition, a flagrant violation of a rule may warrant a more severe penalty than
the one shown. Also, violations of several rules, although none are repeated but
are within a respective classification, may result in the imposition of a more
severe penalty, as listed, than normally called for on a first offense.
Other rules, classifications and steps of progression are as follow.
-25-
SAFETY RULES
------------
GENERAL
-------
1. Report all accidents to your supervisor, whether or not they result in
personal injury, such as damage to materials and equipment.
2. Report all injuries to your supervisor no matter how slight they are. Cuts
or scratches can become infected unless properly cared for.
3. Forklift operators must follow the procedures and safety rules that are
included in the Industrial Power Truck Operators Manual.
4. At no time are there to be riders on forklifts, other than the driver.
When forklifts are being used to elevate personnel, an approved safety
platform must be used. Riding on forklifts or being elevated without a
safety platform is extremely dangerous, as they do not afford a stable
footing.
5. Never enter the premises of this plant when using, possessing or under the
influence of alcohol or other drugs.
6. Horseplay is absolutely forbidden.
7. Most importantly - be alert, keep your mind on the job and develop safe
work habits.
8. Personal protective equipment such as safety glasses, hard hats, gloves,
etc., shall be worn as required.
9. Employees are not to ride on hand trucks or carts. Employees shall push
hand trucks or carts whenever possible. When it is necessary to pull these
trucks, do so slowly and only until the truck is in a position so that it
may be pushed. Failure to comply with this rule can result in accidents
such as the trucks or carts running over feet or pinning the operator
between it and other objects.
10. Loose or baggy clothing and flowing ties shall not be worn.
11. Face xxxxxxx shall be used to protect the eyes and face where sawdust and
chips are flying. They enable the operator to keep his eyes open while
standing close to the job at hand and protect his eyes and face from
flying fragments.
12. Open toe and soft top and bottom shoes shall not be worn by employees
assigned to work in the shop and warehouse areas. Shoes, with substantial
soles and tops in good repair, minimize the danger of nails and splinters
puncturing the feet.
13. Never stand under suspended loads nor swing a load over other persons.
14. Lifting can be accomplished more easily and safely when the back is kept
as nearly vertical as possible and the lifting is done by straightening
the bent legs, thereby using the strong leg muscles instead of the weaker
back muscles for the lifting.
-26-
15. Do not overestimate your ability to lift a heavy or bulky object. Get
help.
When two or more persons are lifting an object, one of them shall give the
signal to lift and lower so that their efforts may be made in unison.
16. Safely stacked and sorted lumber provides for the safe and efficient use
of it.
17. Two or more persons carrying long boards or timbers shall walk on the same
side of the load and keep in step with one another.
18. Ladders are important pieces of equipment but are often neglected. They
shall be maintained in good repair, free from splinters, varnished (not
painted) and stored out of the weather. Before using a ladder, see that it
is in good condition. If there is a chance of the ladder slipping, have
another person hold the bottom of the ladder. Do not use metal ladders
around electrically energized equipment.
19. Work areas, benches, etc., should be kept clean and orderly. An efficient
xxxxxxx can usually be identified by the orderly manner and condition in
which he keeps his tools, work areas and equipment.
20. From a fire and dust explosion standpoint alone, it is extremely important
that the woodworking shop, the machines, roof trusses and rafters, exhaust
ducts and collectors be kept clean. Exhaust systems on machines help keep
the shop clean. See that the suction system is up to standards and inform
your supervisor if the system is not functioning properly.
21. Each employee shall know where the fire extinguishing equipment can be
found and he shall ask his supervisor to acquaint him with proper use and
limitations.
22. Smoking is absolutely forbidden in the shop and warehouse.
23. In case of fire, you are to go to the nearest telephone and dial
____________, which will connect you to ____________ and say, "I want to
report a fire," and giving your name and exact location of the fire.
24. Never break the seal or otherwise tamper with a fire extinguisher except
in case of an emergency. Report usage to your immediate supervisor and do
not return used extinguishers to the rack until they have been recharged.
25. Guards must not be removed from machinery, equipment, belts, gears,
shafts, etc., unless authorization to do repairs has been given by the
department supervisor. Guards must be replaced after repairs are
completed. A machine guard is for the operator's protection. The wise
operator uses all guarding that is provided.
Machine Guards
--------------
Tampering with machine guards is prohibited and any removal requires the
prior approval of your supervisor. All machine guards must be properly replaced
after the repair work has been completed.
-27-
Air Hoses
---------
Air hoses are to be used as instructed. AT NO TIME may they be used for
cleaning of a person's clothing or skin.
Hand Tools
----------
1. Split handles on tools must be replaced, not taped. The wedges in handles
should be checked frequently.
2. The tip of a screwdriver should be squared and of proper thickness and
width to fit the screw slot being used.
3. Tools must not be thrown from one worker to another.
Woodworking Machines
--------------------
1. It is of extreme importance that the machine be shut off after it has been
used. Never leave an unattended machine running.
2. Machines must be shut down at all times during maintenance operations.
Starting mechanisms shall be locked or sealed to prevent inadvertent
application of power during repairs.
3. If any unusual noise develops in the machine, shut it down and report the
condition.
4. Never operate any machinery or equipment unless you have been authorized
to do so and only if you have been properly instructed on how to do so.
Check machinery and equipment before using to make sure they are in safe
working condition.
5. Report immediately to your supervisor any malfunction of machinery or
equipment.
6. Cutting tools, such as circular saw blades and cutting heads, must be
carefully examined for cracks and nicks before they are placed on the
arbors.
7. The floor in front of machines shall not be allowed to become slippery.
8. Gloves should not be worn by operators of machines.
9. Remove scrap and dust from machines with a brush, not with your hands.
Circular Saws
-------------
Circular saws are responsible for the major portion of all injuries arising out
of woodworking. The injuries involve serious cuts and amputation of fingers and
hands, deep cuts of arms resulting from feeding and removing stock, making
machine adjustments and cleaning scrap from the table. Kickbacks of wood by the
blade have caused serious injury and death. The listed safe practices shall be
followed when using the circular saw.
-28-
Jointers
--------
The jointer is second only to the circular saw as a source of woodworking
accidents in its reputation for maiming its operators. Severe finger and hand
injuries have resulted from contact with the rotating blades. Most jointers are
now equipped with cylindrical heads, which experience has shown are safer than
square heads. The following safe practices shall be followed when operating the
jointer:
1. Heavy cuts shall not be made since, as the depth of the cut increases, the
danger of kickback increases. Knots also increase the hazard of kickback.
2. The guard which covers the unused portion of the head and adjusts itself
automatically to the work shall always be in place.
3. Conditions which contribute to the dangers of operation are loose, nicked
or dull knives, or knives which are improperly adjusted. Only an
experienced mechanic shall set the knives since considerable skill is
required.
4. A push stick or push block shall be used to assist in safely guiding small
pieces (18 inches or less) over the cutting head.
-29-
PLANT RULES
-----------
GENERAL
-------
[Chart describing types of plant rules violations for employees classified A, B,
C, or D, along with penalties for each instance of infraction.]
-30-
