COLLECTIVE BARGAINING AGREEMENT
By and Between
LOCAL 531, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AFL-CI0
-and-
ELECTRIC HARDWARE CORPORATION
May 10, 1995 -through- May 9, 1998
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ARTICLE PAGE
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ASSIGNABILITY ....................................... 34 ...................... 17
BULLETIN BOARD ...................................... 30 ...................... 16
CHECK-OFF ........................................... 4 ...................... 2-3
COLLECTIVE BARGAINING ............................... 27 ...................... 15
DEATH-IN-FAMILY ..................................... 31 ...................... 16
DISCHARGE ........................................... 13 ...................... 10-11
DISCOVERY ........................................... 29 ...................... 16
DURATION ............................................ 36 ...................... 17
DRUG TESTING ........................................ 44 ...................... 21
EFFECTIVE DATE ...................................... 35 ...................... 17
EXISTING PRACTICES .................................. 18 ...................... 13
GOOD FAITH .......................................... 1 ...................... 1
GRIEVANCE PROCEDURES ................................ 14 ...................... 11-12
GUARANTEED WORK ..................................... 21 ...................... 14
HOLIDAYS ............................................ 8 ...................... 4-5
HOURS OF WORK ....................................... 5 ...................... 3
JURY DUTY ........................................... 32 ...................... 16
LEAVE-OF-ABSENCE .................................... 20 ...................... 14
LIABILITY ........................................... 25 ...................... 15
LIE DETECTOR TEST ................................... 23 ...................... 14
NON-DISCRIMINATION .................................. 16 ...................... 13
NO STRIKE, NO LOCKOUT................................ 12 ...................... 10
NOTICE TO UNION ..................................... 9 ...................... 5-6
OVERTIME ............................................ 6 ...................... 3-4
PART-TIME EMPLOYEES ................................. 43 ...................... 20-21
PRE-HIRING REQUIREMENTS ............................. 38 ...................... 17-18
PROMOTIONS .......................................... 28 ...................... 15
PROTECTION OF RIGHTS ................................ 33 ...................... 16-17
RECOGNITION.......................................... 2 ...................... 1
REHIRE OF EMPLOYEES ................................. 24 ...................... 15
SAFETY & SANITARY CONDITIONS ........................ 17 ...................... 13
SENIORITY ........................................... 15 ...................... 12-13
SEPARABILITY ........................................ 26 ...................... 15
SICK & MATERNITY LEAVE .............................. 42 ...................... 20
SUB-CONTRACTING ..................................... 37 ...................... 17
TRIAL PERIOD ........................................ 22 ...................... 14
UNIFORMS ............................................ 39 ...................... 18
UNION AS THE PARTY AT INTEREST ...................... 10 ...................... 7
UNION RIGHTS ........................................ 7 ...................... 4
UNION SECURITY ...................................... 3 ...................... 1-2
VACATIONS ........................................... 41 ...................... 19
VISITATIONS ......................................... 19 ...................... 14
WAGE & WAGE INCREASES ............................... 40 ...................... 18
WELFARE FUND (MEDICAL COVERAGE) ..................... 11 ...................... 7-9
[END PAGE]
THIS AGREEMENT, made and entered into this day of 1995,
by and between ELECTRONIC HARDWARE CORPORATION located at 000 Xxxxx Xxxxxx
Xxxx., Xxxxxxxxxxx, Xxx Xxxx 00000, herein designated as the EMPLOYER or
COMPANY, and LOCAL 531 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, A.F.L. - C.I.O.,
located at 000 XxXxxx Xxxxxx, Xxxxxxx, Xxx Xxxx 00000, herein designated as the
UNION.
WHEREAS the Union represents the majority of the employees of the
Employer.
NOW, THEREFORE, in consideration of mutual promises herein assumed and
made, the parties hereby agree as follows:
GOOD FAITH:
ART. 1. The Employer and the Union hereby agree that they will in good
faith live up to the provisions of this Agreement, and that this Agreement is
entered into by the Union and the Employer on behalf of the employees of the
Employer, now employed, or hereafter to be employed, in the bargaining unit as
defined in ARTICLE 2.
RECOGNITION:
ART. 2. a) The Employer agrees to and does hereby recognize the Union
as sole and exclusive bargaining agent for all employees, excluding office
employees guards, professional employees and supervisors as defined in the
National Labor Relations Act of 1947 as amended, and agrees that no unit work
shall be performed by employees who are not among the included classification
herein.
b) This Agreement shall cover all future plants which the
Employer may operate during the term of this Agreement or any extension thereof,
including all plants operated as the result of expansion or change within 225
miles of the Employer's current location.
UNION SECURITY:
ART. 3. a) All employees who are members of the 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 Union in good standing as a condition
of employment. All
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present employees who are not members of the Union and all employees who
are hired hereafter shall become and remain members in good standing of
the Union as a condition of employment, by the 31st day following the
effective date of this subsection or by the 31st day following the date of their
employment, 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
provision of the National Labor Relations Act of 1947 as amended, but not
retroactively.
b) The failure of any person to become a member of the Union as
required 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
his 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.
c) 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.
d) No provision of this Article shall apply in any state to
the extent that it may be prohibited by State Law. If, under applicable State
Law, additional requirements must be met, before any such provision may become
effective such additional, requirements shall first be met.
e) If any provisions of this Article are invalid under the law
of any state wherein this Agreement is executed, such provisions shall be
modified to comply with the requirements of State Law or shall be renegotiated
for the purpose of adequate replacement. If such negotiations shall not result
in a mutually satisfactory agreement, the Union shall be permitted all legal or
economic recourse.
CHECK-OFF:
ART. 4. a) The Employer agrees to deduct, on the 1st payday of each
month, from the salary or wages of the employees covered by this Agreement, such
union dues and initiation fees as the Union, by written notice, advises the
Employer and regularly due as such from the employees, and will turn such monies
over to the Union on or before the
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tenth (10th) day of each month, covering such month in advance, together with a
listing of employees and amounts from whom such monies have been deducted,
provided, however, that the Employer will make such deductions only
from the wages of those employees who submit individual written
authorization to the Employer directing and authorizing the Employer to
make such deductions.
b) Any monies deducted from the employees are to remain the
property of the Union and in no event shall the Employer be permitted to
use said monies for any other purpose.
HOURS OF WORK:
ART. 5. a) Each regular shift shall consist of not more than eight (8)
hours per day, and shall constitute a regular work day, excluding a real period.
b) The regular work week shall consist of five (5)
consecutive days,
MONDAY THROUGH FRIDAY
c) The Employer my not require employees hired prior to July,
15, 1992, to work a 2nd or 3rd shift. In the event of a lay-off, a 1st shift
employee shall be given the option to work the 2nd or 3rd shift or accept a
lay-off.
OVERTIME:
ART. 6. a) Work performed in excess of eight (8) hours per day and/or
forty (40) hours per week shall be considered as overtime work and shall be paid
for at the rate of time-and-one-half (1-1/2) the regular rate of pay. Work
performed on the 7th working day shall be paid for at the rate of twice their
regular rate of pay.
b) In any week during which a holiday occurs, the holiday shall
be regarded as a regular day worked and overtime shall commence after thirty-two
(32) hours of work for that week.
c) All overtime shall be voluntary, and no employee shall be
discharged or discriminated against for refusing to work overtime.
d) The Employer will make every reasonable effort to distribute
overtime equally among its employees in their respective classifications.
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e) The Employer agrees to rake available to the Union, a record
of such overtime work for examination by the Union Representative.
UNION RIGHTS:
ART. 7. a) If any money owed by the Employer to the Union and/or
any Fringe Benefit Fund is in arrears thirty (30) days or more from the
1st day of the month when due, the Union shall notify the Employer of his
delinquency in writing, by certified mail. In the event the Employer does
not pay said money to the Union and/or any Fringe Benefit Fund within ten
(10) days of receipt of notice, the Union shall have the right to take
economic action. In such event, the Employer shall pay each employee or
employees on strike, or work stoppage, his regular rate of pay for such
time not worked.
b) If the Employer disputes the delinquency claimed by the
Union, the Employer may advise the Union of such dispute in writing, by
certified mail, within five (5) days of receipt of the delinquency notice and
agree to deposit the amount in dispute in escrow with the Union's Counsel. Upon
the receipt and collection of such deposit in escrow, the Union is precluded
from taking any economic action arising from said dispute.
HOLIDAYS:
ART. 8. a) The Employer shall not require its employees to work on the
following holidays:
NEW YEAR'S DAY LABOR DAY
GOOD FRIDAY THANKSGIVING DAY
MEMORIAL DAY CHRISTMAS DAY
JULY 4TH EMPLOYEE'S BIRTHDAY
Work performed on WASHINGTON'S BIRTHDAY and XXXXXX XXXXXX XXXX'X
BIRTHDAY, shall be paid at time-and-one-half (1-1/2) the
employee's regular rate of pay.
FOUR (4) PERSONAL DAYS AND/OR FLOATING HOLIDAYS: Employees shall
receive four (4) Personal Days and/or Floating-Holidays, pro-rated,
per Contract Year. Personal Days may be taken with Employer's
consent, and the Employer shall not unreasonably withhold
consent. Employees must give the Employer at least 48 hours'
prior notice of intention to take a Personal Day. If the
Employer wishes to designate a Floating Holiday, he must give at
least 48 hours' prior notice to the Union and to the employees.
All unused, pro-rated, Personal Days and/or Floating Holidays
shall be payable at the end of the Contract Year.
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b) To be eligible for holiday pay, the employee must work the
employee's scheduled day before and the employee's scheduled day after the said
holiday, unless that employee is absent due to illness or absent with the
Employer's consent and such absence does not exceed six (6) continuous weeks.
c) Employees who do not work on the aforementioned holidays
shall be paid for eight (8) hours at their regular rate of pay for such
holiday.
d) Employees who do work on the aforementioned holidays shall
be paid at the regular rate of pay for work performed and shall be paid at their
regular rate of pay for the holiday.
e) If any of the said holidays shall fall on a Saturday, at the
Employer's option, the Friday before may be designated as the holiday or the
Employer may elect to pay the employees for eight (8) hours at their regular
rate of pay for such holidays and such payment is to be included in the
employee's next paycheck.
f) If any of the said holidays fall on a Sunday, the Monday
following shall be designated as the holiday, and even though no work shall have
been performed by the employee or employees, they shall be paid for that day at
their regular rate of pay.
g) If any governmental agency changes the day of observance of
any of the aforementioned holidays, then the changed date shall become the
holidays. If there is any controversy as to the governmental change, then in
such event, the Employer can pick the day of observance.
h) If any of the above holidays shall fall within the
employee's vacation period, the Employer must include such holiday pay in the
first paycheck received after the employee's return to work.
i) Employees absent because of a compensable illness or injury
shall be entitled to full holiday pay at their regular rate of pay, less
what they receive in compensation, provided illness is temporary and does
not exceed six (6) continuous weeks.
NOTICE TO UNION:
ART. 9. a) Effective MAY 10, 1995 all Employers located in New York
State shall transmit, upon written request, to the Union, copies of the
following documents within ten (10) days of the receipt of such request:
(1) FORM #IA5 (New York State Unemployment Insurance Report); and
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(2) FORM #WT-4-B (New York State Wage Reporting System Return)
b) All Employers shall transmit, upon written request, to the
Union, FORM #941 (Employees' Quarterly Federal Tax Rate) within ten (10)
days of the receipt of such request.
c) Remittance Sheets, including ranges, new employees, starting
dates, employees' termination dates, gross wages earned for the preceding month,
for each employee the amounts of dues and initiation checked-off, contributions
to Fringe Benefit Funds and for what monthly periods, shall be remitted
once-a-month, within ten (10) days after the 1st day of each month, together
with checks made payable to the proper Fringe Benefit Fund and Dues and
Initiation to Local Union 531.
d) All necessary cards to the Fringe Benefit Funds, properly
signed from a new employee, must be submitted with the remittance sheet.
e) For failure to submit the remittance sheet within ten (10)
days after it is due, the Union, at their option, may take economic action until
it is submitted, and the Employer shall pay to employees for all time on strike
or work stoppage their regular rate of pay.
f) Should the Employer fail to notify the Union of the hiring
of a new employee and/or the rehiring of an employee, the Employer shall be
responsible from the 1st day due, for all monies as if he collected same, to the
Union for Dues, Initiations, and contributions to all Fringe Benefit Funds as
described herein.
g) For failure to remit monies due to the Union for dues,
initiations, contributions to any Fringe Benefit Fund together with the
remittance sheet on/or before the 30th day of accrual, the Union shall
charge a bookkeeping fee of two (2%) percent per month or any part
thereof until it is submitted and/or collected.
h) Should the Employer fail for any reason to notify the Union
of the termination of an employee, the Employer shall be responsible for
all monies as if he collected same, to the Union for dues, initiations
and contributions to all Fringe Benefit Funds, if any, as described
herein.
i) The Employer must sign all remittance sheets sent to the
Union.
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UNION AS THE PARTY AT INTEREST:
ART. 10. a) The Union shall require the employees to comply with the
terms of this Agreement. The parties agree that the maintenance of a peaceable
and constructive relationship between the Employer and the employees requires
the establishment and cooperative use of the machinery provided in the
discussion and determination of grievances and disputes and that it could
detract from this relationship if individual employees or a group of employees
would, either as such individuals or groups, seek to interpret or enforce the
Contract on their initiative or responsibility. It is therefore agreed that this
Contract shall not vest or create in any employee or group of employees covered
thereby, any rights or remedies which they, or any of them, can enforce either
at law, equity, or otherwise it being understood and agreed, on the contrary,
that all of the rights and privileges created or implied from this shall be
enforceable only by the parties hereto and only in the manner established by
this Contract, and at law.
b) The Employer shall show no discrimination against or
favoritism among its employees for Union activities or otherwise. This
Agreement may not be modified by the Employer or group of employees without
the joint written consent of the Union and the Employer.
c) The Employer shall, at all times, adhere to any governmental
agency rules regarding working conditions, facilities and equipment as it
respects all aspects of the Employer's operations.
WELFARE FUND:
ART. 11. In order to protect and promote the health and welfare of
employees, the Union has formed the SICK & WELFARE FUND, LOCAL 531 which is
administrated under a Declaration of Trust adopted by its members.
a) 1. The Employer, effective as of JUNE 1, 1995 shall pay, in advance
monthly or any part thereof, to the Sick & Welfare Fund the sum of $160.00 for
each employee covered by this Agreement. (CLASS I - FAMILY OR INDIVIDUAL PLAN)
2. The Employer, effective as of DECEMBER 1, 1995 shall pay, in
advance monthly or any part thereof, to the Sick & Welfare Fund the sum of
$175.00 for each employee covered by this Agreement. (CLASS I - FAMILY OR
INDIVIDUAL PLAN)
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3. The Employer, effective as of JUNE 1, 1996 shall pay, in advance
monthly or any part thereof, to the sick & Welfare Fund the sum of $190.00 for
each employee covered by this Agreement. (CLASS I - FAMILY OR INDIVIDUAL PLAN)
4. The Employer, effective as of JUNE 1, 1997 shall pay, in advance
monthly or any part thereof, to the Sick & Welfare Fund the sum of $210.00 for
each employee covered by this Agreement. (CLASS I - FAMILY OR INDIVIDUAL PLAN)
b) The monies so contributed shall be used for the purpose of
obtaining benefits that the Trustees deem necessary for such employees,
employees of the Union and the employees of all Fringe Benefit Funds in
accordance with the Trust Agreement covering such Fund.
c) Such payments shall not be in lieu of any other payments required
to be made by the Employer, such as New York Disability payments, New York
Unemployment Insurance, Social Security, Workmen's Compensation, etc.
d) The Employer shall continue to contribute to the Welfare Fund
for a period, not to exceed two (2) months, for each employee who is absent due
to sickness, injury, leave-of-absence, or termination of employment except for
just cause.
e) The Employer shall forfeit all rights under this Agreement and the
employee my cease to work if the Employer fails to pay its contributions after
the 60th day as provided above and/or the matter may be treated as a grievance
hereunder, except as may be otherwise provided for herein.
f) With its monthly remittance, the Employer will forward to the
Sick & Welfare Fund, Local 531, the names of the employees covered and such
information and signed cards as may be required by the Trustees of
the Fund for the administration of the Fund.
g) The Arbitrator may schedule a Hearing for any date on or
after the expiration of twenty-four (24) hours' notice sent by the Union to the
Employer and the Arbitrator shall render an award as quickly as possible. If the
Employer fails to appear, the Arbitrator shall proceed without the Employer
being present. In the absence of proof by the Employer, who shall bring to such
Hearing all books and records pertaining to the matter to be heard, the
Arbitrator shall determine the amount to the Fund on the petition of the Union
or the Fund, as to the amounts due and payable. In
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the absence of other proof by the Employer, all Welfare Fund payments due shall
be based on two (2) times the greatest number of employees as reflected in the
reports thereof submitted by the Employer to the Union during the two (2) year
period preceding.
h) In the event of default by the Employer in the payment of
contributions to the Funds mentioned in this Agreement, the Trustees may take
legal action to obtain payment, including, but not limited to, the commencement
of Arbitration Proceedings for such purposes before an Arbitrator, such
Arbitrator being Xx. Xxxxxx Xxxxxxxxx. All expenses thereof, including, but not
limited to, the fee and expenses of the Arbitrator and any filing or other
administrative fees plus reasonable attorney's fees fixed at twenty (20%)
percent of the indebtedness, together with interest at a reasonable rate on any
monies determined to be due, shall be chargeable to and an obligation of the
contributing Employer against whom such suit is brought or such Arbitration
Proceedings is commenced. The Arbitrator may schedule a Hearing on twenty-four
(24) hours notice by certified mail.
i) The Union may elect not to proceed before the Arbitrator and
may proceed in any other manner provided for by law, as if the provisions of
ARTICLE 14 were not contained in this Agreement. In such event, the amounts due
and payable shall be determined in such other proceedings in the same manner as
is provided for above in determining such amounts before the Arbitrator, in the
absence of the Employer from such Hearing.
j) The "Welfare Fund" may audit the Employer's payroll books and
records after giving reasonable notice to the Employer, and if contributions are
significantly incorrect, the Employer shall pay the cost of such audit.
k) During the life of this Agreement, the Employer shall increase his
contributions above the effective increases as stated above, to the exact amount
that the insurance carrier will increase the premium to the Welfare Fund. The
increases in premium shall be based on the Family Plan. The Welfare Fund shall
furnish proof of such increase.
l) For failure to remit contributions to the Fund before the 30th day
after accrual, there shall be a one (1%) percent charge for every month, or any
part thereof, until such contributions are collected.
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NO STRIKE - NO LOCKOUT:
ART. 12. a) During the term of this Agreement, the Employer agrees
that they will not declare or authorize a lockout unless the Union fails
to comply with an arbitration award within forty-eight (48) hours after
the award has been made, and the Union agrees that no strike shall take
place except as otherwise provided herein unless the Employer fails to
comply with an arbitration award within forty-eight (48) hours after the
award has been made on the grievance procedure. Neither the Union nor its
Officers, Agents, or Representatives shall be liable for any acts of
person or any workers participating in any strike or work stoppage unless
such act or strike or work stoppage has been expressly authorized by the
Union and in conformance with the provisions of the Constitution of the
Union and the provisions of the International Union Constitution. The
parties further agree that any strike, slow-down, or work stoppage not
authorized as herein specified shall not be deemed a violation of this
Agreement.
b) In the event of an unauthorized slow-down or work stoppage,
the Union agrees within twenty-four (24) hours after receipt of notice thereof
from the Employer solely to endeavor in good faith to bring about a return to
work of its members who stopped work. Upon failure of the employees to return to
work within the said twenty-four (24) hours, the Employer may take appropriate
action with respect to such employee or employees. Compliance by the Union in
good faith herewith shall be deemed full compliance with the Union's obligation
hereunder.
DISCHARGE:
ART. 13. a) No employee shall be discharged or disciplined without just
and sufficient cause.
b) The Employer may, at his discretion, take action short of
discharge without prejudice to his right to discharge, provided, however, that
any disciplinary procedure shall be subject to the grievance procedures hereof.
c) If the Employer is found wrong in the discharge or
disciplinary suspension of an employee, the Arbitrator may award, but is not
obligated to award, compensation for lost time.
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d) Whenever the Union disputes and/or disagrees with the
justification for the discharge or discipline of any employee, the dispute
and/or disagreement shall thereupon be adjusted between the parties in the
manner provided for in ARTICLE 14 of this Agreement; provided, however, it shall
not be necessary to commence with steps (a) or (b) but institution of
arbitration may be accomplished by immediate recourse to Section (1) of said
article, and any employee who has been discharged and subsequently reinstated as
a result of arbitration shall be entitled to all remedies prescribed by the
Arbitrator.
e) The Employer must notify the Shop Xxxxxxx and the Union in
writing, within three (3) working days of a discharge and/or disciplinary
action of an employee covered hereunder.
GRIEVANCE PROCEDURES:
ART. 14. SECTION 1.
A grievance is hereby jointly defined to be any controversy,
complaint, misunderstanding, or dispute.
Any grievance arising between the Employer and the Union or an
employee represented by the Union shall be settled in the following manner:
a) 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, except that no time limit shall
apply in case of violation of wage provisions of this Agreement. If a
satisfactory settlement is not affected with the xxxxxxx within five (5)
days, the Shop Xxxxxxx and employee shall submit such grievance to the
Union's Business Representative.
b) The Business Representative shall then take the matter up
with a representative of the Employer with authority to act upon such
grievance. A decision must be made within five (5) working days.
c) Saturday, Sunday, and holidays shall not be considered working days
for the purposes hereof.
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SECTION 2.
Any Shop Xxxxxxx shall be permitted to leave his work for a
reasonable time to investigate and adjust the grievance of any employee
within his or her jurisdiction after notification to his or her Supervisor.
Employees shall have the Shop Xxxxxxx or a Representative of the Union present
during discussion of any grievance with a representative of the Employer.
SECTION 3.
a) The parties agree that all disputes shall be arbitrated hereunder
by the Arbitrator selected by the Welfare Fund, in accordance with ARTICLE 11,
paragraph (h), except that within five (5) days of the receipt of notice of
intention to conduct an arbitration, should either party object to the dispute
being heard by said Arbitrator, then in such event, the matter shall be
submitted to a panel member of the New York State Mediation Board.
b) Expense of the Arbitrator selected or appointed shall be borne
equally by the Employer and the Union unless determined otherwise by the
Arbitrator.
c) If the Employer fails to comply with any settlement of the
grievance or fails to comply with the procedures of this Article, the Union
has the right to take all legal and economic action to enforce its demands.
d) Both parties agree to accept the decision of the Arbitrator
as final and binding.
SECTION 4.
The Arbitrator shall not have the authority to amend or modify this
Agreement or establish new terms and conditions under this Agreement. The
Arbitrator shall determine any question of arbitrability.
SENIORITY:
ART. 15. a) The Employer recognizes the principle of seniority.
Seniority for the purpose of lay-off shall be by department (molding, finishing,
fabrication). Employees, however, who are capable, shall have seniority in other
departments, in that the last employee hired shall be the first employee
laid-off, and the last employee laid- off shall be the first employee rehired.
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b) It is agreed by the Employer and the Union, that all Shop Stewards
and Officers of the Union have seniority over all employees in the plant,
provided they can do the work that is to be done.
c) Any employee who is absent due to lay-off, sickness, and/or
injury for six (6) consecutive months shall lose his seniority.
d) The rights of seniority in re-employment shall be accorded to a
laid-off employee prior to a new employee being hired, provided such laid-off
employee, within two (2) working days after notice to return to work has been
received by such employee, advises the Employer of the employee's availability
and willingness to return to work within seven (7) working days of the date said
notice to return to work was received by the employee. For the purpose of this
Article, such notice will be deemed received three (3) days after such notice is
sent to the employee by certified mail, return receipt requested, to the
employee's last known address.
e) Preference in assignment to shift work and choice of new jobs shall
be given to employees having higher seniority, providing they can do the work.
NON-DISCRIMINATION:
ART. 16. No employee or employees shall be discriminated against,
directly or indirectly because of their membership in or activity on behalf of
the Union nor will the Employer, directly or indirectly, discourage membership
in the Union, and the provisions of this Agreement shall apply to all employees
without discrimination as to sex, color, race, creed or national origin.
SAFETY & SANITARY CONDITIONS:
ART. 17. The Employer shall furnish and maintain safe and healthful
sanitary conditions.
EXISTING PRACTICES:
ART. 18. All benefits of employment in existence at the effective
date of this Agreement and not modified by the Agreement, shall be continued
without modification.
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VISITATIONS:
ART. 19. Union Representatives shall be given the right to enter
the plant premises at all reasonable times for the purpose of investigating
grievances and to secure the enforcement of the Contract and for such other
purposes as may be necessary; provided, however, that prior to entering the
plant property they shall first advise the front office of their presence and
intentions to enter the plant property.
LEAVE-OF-ABSENCE:
ART. 20. Any employee, upon application in writing, shall be granted
a leave-of-absence without pay, not to exceed one (1) month because of official
Union business, except that the Employer's consent is required for such leaves
other than official Union business and such consent will not be unreasonably
withheld. The Employer has the right to request verification of
leave-of-absence.
GUARANTEED WORK:
ART. 21. Employees regularly scheduled for full shift work shall
be given four (4) hours work or the monetary equivalent thereof unless notified
on the previous day not to report, except in cases of a utility company power
failure, Acts-of-God, or other such circumstances beyond the Employer's control.
TRIAL PERIOD:
ART. 22. All employees hired after MAY 10, 1995 shall be deemed
probationary employees on a trial period for the first sixty (60) days following
the 1st day of employment. A probationary employee may be discharged by the
Employer for any reason without such discharge being subject to the grievance
machinery as described in ARTICLE 14. After the completion of the employee's
trial period, the probationary employee shall be considered a regular employee
and his seniority shall date back to the date of original hiring. The Employer
may request, in writing, an additional thirty (30) days prior to the expiration
of the original sixty (60) days.
LIE DETECTOR TEST:
ART. 23. The Employer shall not require, request, or suggest that a
covered employee take a polygraph or any other form of lie detector test.
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REHIRE OF EMPLOYEES:
ART. 24. a) An employee rehired within one (1) year after last
termination of employment shall not have a trial period.
b) The Employer must contribute to all Fringe Benefit Funds from
the 1st day of the month following rehiring.
c) All periods of employment shall be dovetailed for the purpose
of seniority.
LIABILITY:
ART. 25. The Employer, by his Executive Officers, shall deduct the
regular monthly Dues and Initiation fees, and shall hold the same personally in
trust for the Union. These fees, together with all the contributions of all
Fringe Benefit Funds, shall become the personal responsibility, jointly and
severally, of each of the Executive officers and/or persons responsible for
making such deductions and contributions, and did not make same.
SEPARABILITY:
ART. 26. It is understood and agreed that if any provision of this
Agreement, or the application of such provision to any person or circumstances
shall be held invalid, the remainder of this Agreement or the application of
such provision to other persons or circumstances shall not be affected thereby.
COLLECTIVE BARGAINING:
ART. 27. The Employer agrees that it will negotiate with the Union
during the term of this Agreement concerning any matter involving the wages,
hours, and working conditions of the employees, which is not specifically
provided for in this Agreement and which is not the subject of any grievance.
PROMOTIONS:
ART. 28. An employee shall have the right to refuse a promotion out of
the bargaining unit.
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DISCOVERY:
ART. 29. a) In the event the Employer raises any grievance against an
employee, upon written request from the Union, the Employer shall disclose to
the Union any and all facts and material relevant to such grievance. The
Employer's failure to comply herewith shall preclude the introduction of any
such non-disclosed data at any and all future Arbitrations, Hearings,
Proceedings or Trials, and such failure to disclose are grounds for the
dismissal of such grievance.
b) In the event of any grievance raised by the Employer against an
employee, matters which have arisen within one (1) year immediately preceding
such grievance may be introduced in support of such grievance.
BULLETIN BOARD:
ART. 30. The Employer shall place a bulletin board in a conspicuous
and convenient place in order to post Union notices and Union literature.
DEATH-IN-FAMILY:
ART. 31. a) Each employee shall be entitled to THREE (3) working
days off, with pay, at his regular rate of pay, in the event of a death in his
immediate family (legal child, grandchild, legal guardian, mother, father,
sister, brother, or legal spouse).
b) The Employer has the right to ask for proof of death.
JURY DUTY:
ART. 32. In the event an employee is required to serve on Jury Duty,
the Employer shall pay the employee's regular rate of pay less what he receives
as a juror, not to exceed ten (10) working days, and only once during the life
of this Agreement.
PROTECTION OF RIGHTS:
ART. 33. a) Picket Line: It shall not be a violation of this Agreement,
and shall not be cause for discharge or disciplinary action, in the event an
employee: refuses to enter upon any property of his Employer or others involved
in a lawful primary picket line at his Employer's place of business, including
picket lines of union parties to this Agreement.
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b) Struck Goods: It shall not be a violation of this Agreement and it
shall not be a cause for discharge or disciplinary action if any employees:
refuse to perform any service which his Employer undertakes to perform as an
ally of an Employer or person whose employees are on strike, and which service,
but for such strikes, would be performed by the employees of the Employer or
person on strike.
ASSIGNABILITY:
ART. 34. This Agreement shall be binding upon the parties hereto,
their successors and assigns.
EFFECTIVE DATE:
ART. 35. All the terms and conditions of this Agreement shall be
effective as of MAY 10, 1995 except as otherwise indicated.
DURATION:
ART. 36. This AGREEMENT shall be effective as of the 10th DAY OF
MAY, 1995, and shall remain and continue in full force and effect until midnight
MAY 9, 1998, and from year to year thereafter unless either party gives written
notice to the other by certified mail, return receipt requested, at least sixty
(60) days prior to the date of expiration of this AGREEMENT or annual renewal
thereof that they desire to modify or amend or renegotiate same.
SUB-CONTRACTING:
ART. 37. The Employer shall not sub-contract work without first
offering such work to bargaining unit employees.
PRE-HIRING REQUIREMENTS:
ART. 38. a) The Employer shall require of each individual before they
are hired that they produce bona fide evidence of such individual's citizenship
status. In the event such individual is an alien, he must be required to produce
satisfactory proof of both his legal alien status and of his right to work.
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b) The Employer shall not employ any individual who cannot produce
either proof of U.S. Citizenship or of his right to work as an alien. The Union
may take economic action, despite any provision contrary hereof, should the
Employer not comply herewith.
UNIFORMS:
ART. 39. Each covered employee shall receive a Uniform Maintenance
Allowance of $8.00 per month.
WAGE & WAGE INCREASE:
ART. 40. a) Effective as of MAY 10, 1995 there shall be a general wage
increase of .30(cent) per hour based on a forty (40) hour week for all employees
covered by this Agreement.
b) Effective as of MAY 10, 1996 there shall he a general wage increase
of .25(cent) per hour based on a forty (40) hour week for all employees covered
by this Agreement.
c) Effective as of MAY 10, 1997 there shall be a general wage increase
of .20(cent) per hour based on a forty (40) hour week for all employees covered
by this Agreement.
d) The Employer agrees to establish a committee of Union employees and
management to address how to initiate incentive programs in departments that do
not participate in incentive programs currently.
e) Employees who shall not actually be working as of or on the
effective date of the wage increase provided herein shall be entitled to receive
such increases on their return or recall to work.
f) Should the Employer pay a newly hired employee after thirty
(30) days of employment, a rate which is above the then-scheduled rate for such
employee's category, then in such event, all other employees in the same
category shall receive an increase equivalent to their difference of pay
immediately. All other scheduled raises shall be granted in addition to such
increases.
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VACATIONS:
ART. 41. a) The Employer shall grant vacation, with pay, at their
regular rate of pay, for all its employees in accordance with the provisions of
this paragraph as set forth below.
All employees shall receive not less than their pro-rated vacation
provided they have the following eligibility:
AFTER 1 YEAR OF EMPLOYMENT BUT LESS THAN 2 YEARS............... 1 WEEK
AFTER 2 YEARS OF EMPLOYMENT BUT LESS THAN 5 YEARS.............. 2 WEEKS
AFTER 5 YEARS OF EMPLOYMENT BUT LESS THAN 6 YEARS--2 WEEKS PLUS 3 DAYS
AFTER 6 YEARS OF EMPLOYMENT BUT LESS THAN 7 YEARS--2 WEEKS PLUS 4 DAYS
AFTER 7 YEARS OF EMPLOYMENT.................................... 3 WEEKS
Employees hired August 1, 1992 and after shall receive a maximum of
two (2) weeks vacation.
EMPLOYEES MUST NOTIFY THEIR EMPLOYER, BY MAY 1ST, OF THEIR INTENTION
TO TAKE VACATION TIME. THE EMPLOYER SHALL CONFIRM, IN WRITING, THAT
SUCH VACATION TIME IS GRANTED TO SUCH EMPLOYEE NO LATER THAN MAY 10TH.
IN THE EVENT OF A DISPUTE, SENIORITY SHALL, PREVAIL. THE EMPLOYER HAS
THE RIGHT TO REFUSE GRANTING VACATION TIME TO AN EMPLOYEE SHOULD IT
CAUSE A SHORTAGE IN A PARTICULAR DEPARTMENT.
b) Vacation period to fall between JANUARY 1ST -AND- DECEMBER 31ST.
c) The Employer shall pay, to each employee, his vacation pay at his
regular rate of pay prior to the employee's going on his or her vacation.
d) Employees who have been employed for one (1) year or more and are
laid-off or discharged for any reason at any time during the term of this
Agreement, shall be paid a pro-rated vacation at the time of their job
severance. Such pro-rated vacation shall be based upon the vacation provisions
above set forth. Employees who voluntarily terminate (QUIT) their employment
must give the Employer at least two (2) weeks' prior notice in order to receive
their pro-rated vacation pay.
e) In order to compute vacation credit, THE DATE OF HIRE shall be the
credit date.
f) Employees enjoying a vacation that is more than two (2) weeks may,
at the Employer's option, split said vacation time (i.e. part summer and part
winter), but each such vacation period cannot be for less than one (1) week.
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SICK & MATERNITY LEAVE:
ART. 42. a) Sick Leave for the purpose of various privileges and benefits
of this Agreement, including leaves granted by the Employer, including Maternity
Leaves, shall be deemed periods of employment. Leaves shall not exceed a total
of four (4) months. No later than three (3) months after a leave begins,
employees must give the Employer notice of when they are returning to work. The
Employer shall give an employee suitable work available in accordance with their
condition.
b) Each employee covered by this Agreement shall receive, on a
pro-rated basis THREE (3) days per contract year as Sick Leave.
c) Beginning with the 3rd year of the employee's employment, he shall
receive one (1) additional Sick Leave day for each additional year employed, not
to exceed SEVEN (7) Sick Leave days.
d) At the end of the contract year, each employee covered by this
Agreement shall receive pay, at their regular rate of pay, for all unused Sick
Leave days.
e) Upon termination of an employee's employment by the Employer
for any reason, such an employee shall receive his regular rate of pay for all
earned unused Sick Leave days. Employees who voluntarily terminate (QUIT) their
employment, must give their Employer at least two (2) weeks' prior notice in
order to receive their pro-rated Sick Leave pay.
f) An employee shall notify his Employer, where practicable and
within a reasonable time, should such an employee require Sick Leave.
Employees shall notify their Employer, where practicable, when he or she
will be able to return to work.
g) If an employee is out sick more than TWO (2) days, then in such
event, the employer may request a medical certificate. The Employer, at his cost
and upon notice may send a doctor to examine the employee on Sick Leave and such
an employee must allow such an examination.
PART-TIME EMPLOYEES:
ART. 43. a) For purposes of this Agreement, a part-time employee shall
be defined as an employee who is regularly scheduled to work thirty-nine (39)
hours or less in a work week. Employees who work twenty (20) hours or less per
week shall not be entitled to receive vacation days, sick days, holidays and
personal days.
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b) Part-time employees, who are regularly scheduled to work more than
twenty (20) but less than forty (40) hours per week, shall receive pro-rated
vacation days, sick days, holidays and personal days.
c) Dues and initiation fees shall be deducted for part-time
employees in accordance with ARTICLE 4 hereof.
d) The Employer shall not contribute to the LOCAL 531 SICK &
WELFARE FUND for part-time employees who are regularly scheduled to work
twenty (20) hours or less per week.
e) No regularly full-time employee shall be laid-off while part-time
employees are employed.
f) Part-time employees cannot exceed 15% of the Employer's employees.
g) Employees who are regularly scheduled to work more than twenty (20)
hours per week but less than forty (40) hours shall receive pro-rated vacation
days, sick days, holidays and personal days.
h) The Employer shall contribute to the LOCAL 531 SICK & WELFARE FUND
for employees who are scheduled to work more than twenty (20) hours per week.
DRUG TESTING:
ART. 44. The Employer shall have the right to require prospective
employees to submit to a Drug Test.
LOCAL 531, INTERNATIONAL BROTHERHOOD ELECTRONIC HARDWARE CORPORATION
OF TEAMSTERS, A.F.L.-C.I.O.
By: /s/ Xxxxx Xxxxx By: /s/ X. Xxxxxxxx
-------------------------------- --------------------------
Xxxxx Xxxxx, Secretary-Treasurer Xxxxxx Xxxxxxxx, President
Dated: /s/ 8/23/95 Dated: /s/ 10-24-95
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NEGOTIATING COMMITTEE
illegible illegible
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illegible illegible
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into by and between LOCAL 531,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, (hereinafter referred to as
the "Union"), located at 000 XxXxxx Xxxxxx, Xxxxxxx, XX 00000, and ELECTRONIC
HARDWARE CORP. (hereinafter referred to as the "Employer"), located at 000
Xxxxx Xxxxxx Xx., Xxxxxxxxxxx, Xxx Xxxx 00000.
WHEREAS, the terms and conditions of the Collective Bargaining
Agreement entered into by and between the Union and the Employer remain
unchanged except for the following terms and conditions:
1. DURATION:
May 10, 1998 -through- May 9, 2001
2. VACATIONS:
Employees hired 8/1/92 and after, shall receive:
At TEN (10) years of employment......... ELEVEN (11) DAYS
At ELEVEN (11) years of employment...... TWELVE (12) DAYS
At TWELVE (12) years of employment.... THIRTEEN (13) DAYS
3. SICK & WELFARE FUND:
The Employer agrees to make the following contributions per
month per employee:
Composite
---------
Effective 9/1/98: $225.00
Effective 1/1/99: 245.00
Effective 1/1/00: 275.00
Effective 1/1/01: 290.00
4. WAGES:
A. Effective 9/1/98 the Employer shall institute an "efficiency
bonus system" which shall be attached to the Collective
Bargaining Agreement as an Addendum. If the Employer chooses
to discontinue the "efficiency bonus system", then, such
decision must be made in writing with notice to the union, no
later than 6/1/99, or 6/1/2000. In such event, the Employer
shall grant an additional .05 per hour increase, no later
than 8/1/99 or 8/1/00.
B. There shall be a general wage increase of .25 per hour on the
following dates: 5/10/98, 5/10/99, 5/10/00.
FOR THE UNION: FOR THE EMPLOYER:
/s/ Xxxxx Xxxxx /s/ Xxxxxx Xxxxxxxx
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Xxxxx Xxxxx, President Xxxxxx Xxxxxxxx, President
NEGOTIATING COMMITTEE:
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/s/ Illegible
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/s/ Illegible
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