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EXHIBIT 10.40
AGREEMENT BETWEEN
SOUTHDOWN, INC.
WAMPUM, PENNSYLVANIA PLANT
AND
THE UNITED CEMENT, LIME GYPSUM
AND ALLIED WORKERS
DIVISION
(INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRON SHIP BUILDERS, BLACKSMITHS, FORGERS,
AND HELPERS, AFL-CIO)
LOCAL UNION NO. D-173
EFFECTIVE DATE: AUGUST 29, 1999
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ARTICLE I - AGREEMENT AND PURPOSE
1.1 This agreement is entered into this 29 day of August, 1999 for the
purpose of maintaining the existing harmonious relationship and close
cooperation between Southdown, Inc., hereinafter called the "Company",
and members of the United Cement, Lime, Gypsum and Allied Workers
Division (International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers, AFL-CIO), hereinafter
called the "Union", who are employees of the Wampum Plant of Southdown,
Inc.
1.2 It is the continuing policy of the Company and the Union that the
provisions of this Agreement shall be applied to all employees without
regard to race, color, sex, religious creed, national origin, handicap
or Vietnam era veteran status.
1.3 It is agreed that all applicable mutually agreed upon agreements,
policies and practices have been incorporated in this Agreement, and
any additional agreements, policies or practices must be mutually
agreed upon by both parties from this date forward to become
applicable. The Appendix and Letters of Intent, included within this
booklet, are considered to be incorporated as a part of this Agreement.
ARTICLE II - UNION RECOGNITION AND SECURITY
2.1 The Company agrees to, recognize the Union as the sole bargaining agent
for the employees of the Company's Wampum Plant insofar as working
conditions, hours of work, and wages are concerned.
2.2 As a condition of employment, it is agreed that all eligible employees
at the Wampum Plant shall become members of and remain in good standing
with the Union within thirty (30) days after the signing of this
Agreement. Newly hired employees shall become members of and remain in
good standing with the Union within thirty (30) days from the date of
hiring.
2.3 The term "employee" as used in this Agreement shall include only those
employed in the job classifications attached in Appendix A.
2.4 The Company will deduct from the monthly earnings of any of its
employees their Initiation Fee and Union Membership Dues, and will pay
the same to the party to whom such employee directs the Company in
writing. Each such employee desiring such deduction to be made from
his/her earnings must present to the Company his signed order, which
shall be substantially as follows:
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"I hereby authorize and direct Southdown, Inc. to deduct and
pay from my earnings accumulated to my credit my Initiation
Fee and Union Membership Dues, and pay same to . . . I further
agree to hold the Southdown, Inc. harmless on account of the
deductions and payments herein authorized.
Wampum Facility (Southdown, Inc.)
Signed
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Timekeeper
--------------------------------
Employee Check No. "
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This authorization may be canceled by the Union member on any
anniversary date of this Agreement upon thirty (30) days prior
notice, in writing, to the Company and the Union.
2.5 The Company is willing at all times to meet its employees' committee
and representatives of the International Union for the purpose of
discussing wages, hours, and working conditions, with the object to
reach a satisfactory agreement.
2.6 The Union shall furnish in writing to the Plant Manager the names of
employees who will serve on the committee. The committee shall consist
of not more than seven (7) and not less than three (3) members. If a
vacancy occurs on the committee, the Plant Manager shall be informed,
in writing, of the name of the new member before a meeting is held. No
other members of the Union who are employees at the Wampum Plant are
eligible to attend these meetings unless previously agreed to between
the parties hereto.
2.7 Notwithstanding the provision of Article 2.2 above, any employee who is
a member of and adheres to established and traditional tenets or
teachings of a bona fide religion, body or sect which has historically
held conscientious objections to joining or financially supporting a
labor organization shall not be required to join or financially support
the Union as a condition of employment; provided, however, that each
such employee shall, as a condition of his or her employment, in lieu
of the payment of periodic dues and initiation fees to the Union, pay
sums equal to such dues and initiation fees to any one of the following
non-religious charitable funds, which are exempt from taxation under
Section 501 (c) (3) of the Internal Revenue Code:
1. City of Hope
2. American Cancer Society
3. American Heart Association
4. National Multiple Sclerosis Society
5. American Red Cross
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It is expressly understood that any such employee holding conscientious
objections and choosing not to join or financially support the Union,
who requests the Union to use the grievance - arbitration procedure on
the employee's behalf, shall be required to pay the Union the
reasonable costs of processing any grievance on his or her behalf,
including reasonable costs of arbitration, if any.
2.8 Upon receipt from an employee authorizing payroll deduction and
specifying the amount to be deducted, the Company will deduct voluntary
contributions to the City of Hope. All amounts so deducted shall be
remitted by the Company to the City of Hope. The Company shall be held
harmless from any claim demand or action arising out of such
deductions.
Employees contributing to the City of Hope cannot discontinue or change
such contribution for one year.
ARTICLE III - SUBCONTRACTING
3.1 The Company will not contract for production or maintenance work
customarily performed by its own employees unless it is more
economical, expeditious, and/or efficient to do otherwise.
3.2 The Company may enter into contract arrangements for obtaining raw
materials, semi-finished or finished products.
3.3 Notwithstanding the above, the Company will not contract or subcontract
work covered by Paragraphs (3.1) or (3.2) above if it will directly
result in the, (1) laying off of bargaining unit employees, or (2) the
reduction of hours of bargaining unit employees below 40 hours a week;
or (3) reduction of employees to a lower rated classification.
3.4 Further (3.1), (3.2) and (3.3) above does not apply to new construction
or to construction involved in major modification work. The Company may
subcontract any work in connection with or related to new construction
or major modification.
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3.5 The Company agrees to notify the Local Union in writing with a copy to
the International or District Representative who services the Local
Union, sent by registered mail, at least fourteen (14) days in advance
if reasonably possible, and to meet with the Union, upon request by the
Union, for explanation to the reasons causing the Company to decide to
contract any production and maintenance work.
The parties agree that while notification is an important part of
working relationship between the parties and should be adhered to in
order to reduce the number of disputes concerning sub-contracting the
parties also recognize and agree that this Section of the Contract does
not require any penalty when the Company fails to give proper written
notice of its intention to sub-contract.
ARTICLE IV - UNION ACTIVITY
4.1 The Union Grievance Committee, representing the employees in matters
including negotiations and consisting of not more than six (6)
employees and the recording secretary, shall meet with the Company once
a month as mutually agreed upon.
4.2 Insofar as practical, meetings will be conveniently scheduled so as to
complete all business within normal working day for day employees. Any
employee who is scheduled to work during the hours the meeting is held
and who attends the meeting will be compensated only by multiplying his
regular classified hourly wage rate by the straight time hours he
attends the meeting.
4.3 When a meeting is scheduled at which a representative of the
International Union or a representative of the Company from Corporate
Headquarters will attend, any member of the committee who is scheduled
to work the third shift immediately preceding the meeting will be
excused from working the third shift and will be compensated by
multiplying eight (8) hours at his regular classified hourly wage rate
plus shift differential if the employee has attended the meeting.
4.4 Any member of the committee who is scheduled to work the second shift
immediately following the meeting will be excused from working the
second shift if the employee has attended the meeting for six (6)
hours. In the event the employee is excused from working the second
shift, he will be compensated by multiplying eight (8) hours at his
regular classified hourly wage rate plus shift differential.
4.5 Any employee who is receiving sickness and accident benefits, or
Worker's Compensation Benefits for the day of the meeting or who is
absent due to disciplinary layoff shall not receive any compensation
under this article.
4.6 Where possible, a member of the Grievance Committee shall be notified
before any employee is suspended from work. If a member of the
Grievance Committee is not notified prior to suspension, he shall be
notified as soon as practical thereafter.
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4.7 The Company and the Union Grievance Committee shall meet prior to a
discharge of an employee to review the facts of the case.
4.8 (1) Where there is a discussion between an hourly employee and a
supervisor that is intended as a disciplinary measure resulting in
written warning, the employee may request that a grievance
committeeman, job xxxxxxx or other designated employee be present.
(2) It shall be the responsibility of the Union to appoint and have
available on each shift a committeeman, job xxxxxxx or other employee
designated for purposes of this Section who shall be identified to the
Company in writing.
(3) It is not the intent of this Section to expand the total number of
committeemen as provided for in Article 4.1.
4.9 Union activities shall not be conducted during working hours, except
that, with the consent of the Company, a member or members of the Union
Grievance Committee may try to adjust an existing problem between the
Union and the Company. There shall be one (1) xxxxxxx on each rotating
shift who may, in the absence of a committee member, try to adjust an
existing problem. Such consent will not be unreasonably withheld or
delayed. Local Union officers and stewards off duty and representatives
of the International Union shall, upon permission from the Company, be
permitted on the Company's premises to investigate grievances. Such
permission shall come from the Plant Manager or his designee and will
not be unreasonably withheld or delayed.
4.10 An International Representative, upon permission from the Plant Manager
or his designee, may be present at any of the above -mentioned
meetings.
ARTICLE V - MANAGEMENT RIGHTS
5.1 The Union recognizes that the management of the plant, the direction of
the working forces, including the right to hire, discipline or
discharge for just cause, the right to make, change and enforce rules
and policies (after posting) for the maintenance of discipline, safety
and productivity; the exclusive rights to determine partial or
permanent discontinuance or shutdown of operations (the Company's only
obligation when exercising this right is to bargain with the Union over
the effects of that decision); the right to determine production
requirements and job content; the right to promote or to transfer
employees; the right to contract work; the right to transfer and
relieve employees from duty because of lack of work or other legitimate
reasons, and the right to establish and change work schedules and
duties of employees are vested in the Company, except as otherwise
provided in the Agreement. The listing of specific rights in this
Agreement is not intended to be nor shall be considered restrictive of
or a waiver of any of the rights of management not listed and not
specifically surrendered herein, whether or not such rights have been
exercised by the Company in the past.
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ARTICLE VI - WAGES
6.1 It is agreed that for the duration of this Agreement, the wage groups
and the rates of pay shall be those set in Appendix "A".
6.2 (1) All scheduled work beginning between 5:00 A.M. and 12:59 P.M.
inclusive, shall be considered 1st shift work.
(2) All scheduled work beginning between 1:00 P.M. and 8:59 P.M.
inclusive, shall be considered 2nd shift work.
(3) All scheduled work beginning between 9:00 P.M. and 4:59 A.M.
inclusive, shall be considered 3rd shift work.
6.3 Each employee regularly scheduled to work on the 2nd shift shall be
paid a premium of sixty cents ($.60) for all hours worked by him or her
on that shift. Each employee regularly scheduled to work on the 3rd
shift shall be paid eighty-five cents ($.85) for all hours worked by
him or her on that shift. These premium rates do not apply to day
workers even though they may work over into a premium pay shift. If,
however, the day worker is scheduled to take the place of a regular
scheduled shift worker, then the premium rate applies. Employees called
out will receive the appropriate shift premium for hours worked prior
to their normal shift.
6.4 All consecutive hours (exclusive of meal periods) worked by an employee
who normally begins work at a time specified in the preceding
paragraphs, shall be deemed to be worked by him or her on the shift on
which he or she begins work.
6.5 TIME CHANGES - STANDARD TIME AND DAY LIGHT SAVINGS TIME
When clocks are turned ahead one (1) hour and an employee's work
schedule is reduced one (1) hour by this change, she/he will be given
the option of working one (1) additional hour for a full shift's pay.
When the clocks are turned back one (1) hour affected employees shall
receive one (1) hour at the applicable overtime rate.
6.6 The Company may at its discretion increase wage in any class or to an
individual in any class without necessitating a change in the rate of
any individual or class.
6.7 The employees will participate in a gain-sharing program developed by
the Company, beginning August 1, 1999 and continuing through the term
of this Agreement.
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ARTICLE VII - VACATIONS WITH PAY
7.1 Any employee who works and receives earnings during at least thirteen
(13) weeks in each calendar year shall be granted a vacation off work
without loss of pay, according to the following schedule.
7.2 Notwithstanding Section 7.3 employees hired prior to May 1, 1996 will
continue to accrue vacation eligibility in accordance with the vacation
schedule in the 1996-1999 Agreement through December 31, 2001.
Effective January 1, 2002, employees eligible for 6 and 7 weeks
vacations shall be grand-fathered for that vacation for the duration of
their employment.
7.3 All employees who have completed one (1) or more anniversary years of
service, but less than five (5) years of service, will be entitled to
two (2) weeks of vacation, provided they meet all other requirements of
this Article. Employees who have completed five (5) or more anniversary
years of service, but less than fifteen (15) years of service will be
entitled to three (3) weeks of vacation, provided they meet all other
requirements of this Article. Employees who have completed fifteen (15)
or more anniversary years of service, but less than twenty (25) years
of service, will be entitled to four (4) weeks of vacation, provided
they meet all other requirements of this Article. Employees who have
completed twenty-five (25) or more anniversary years of service, will
be entitled to five (5) weeks of vacation. provided they meet all other
requirements of this Article.
7.4 Vacation pay will be based on a forty (40) hour week at the rate of the
permanently assigned classification on which an employee is working at
the time he takes his vacation. If an employee has held a single higher
rated classification for more than six (6) months during the year
preceding his vacation, he will receive vacation pay computed at the
higher rate. Vacation pay shall include appropriate shift differential
for those on fixed shifts. Employees working on rotating shifts shall
be paid an average of the rates for the rotating shifts involved. Upon
sufficient notice given to the Personnel Clerk, the Company will give
an employee his vacation pay on his last shift prior to the beginning
of his vacation.
7.5 Vacations will not be cumulative, but so far as practical, be granted
at times most desired by employees, but the final right to allotment of
vacation periods is exclusively reserved to the Company in order to
insure the orderly operation of the plant. In exercising its right to
allot vacation periods, the Company will not require any employee who
is on layoff to take his vacation during periods of plant shutdown or
curtailment of operation. Where requested vacation periods conflict,
preference shall be given to the older employee in point of service.
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7.6 It is further agreed that if any employees have previously selected
their vacation period so that it occurs during an unforeseen shut-down,
such vacation period shall not be changed. Vacations shall be taken by
the employee within the calendar year in which it is granted.
7.7 The Company shall submit appropriate application blanks to the
employees within the first week of November, and they are to be
returned to the Company within one (1) month. In the event an employee
fails to return this form to the Company, then, after this one (1)
month period, the Company shall designate the employee's vacation
period, and notify the employee who fails to return this application to
the Company and the Union of the vacation period designated for the
employee. All vacation blanks received from employees or issued by the
Company shall be returned to the employees not later than January 1st.
7.8 An employee with four (4) or more weeks of vacation can take pay in
lieu of vacation for a maximum of two (2) weeks of his total vacation
eligibility. The above employee may request his payment at any time
from January 1st till the date he turns in his application blank for
his vacation selection. He will receive payment the next pay period
following the date he makes the request.
However, if the above employee does not request two weeks pay in lieu
of time off, he may request up to two weeks pay in lieu of time off
during the calendar year during periods of plant shutdown or
curtailment of operations. Such payment will be made the next pay
period following the date he makes such request.
An employee with four or more weeks vacation, may change two of his
scheduled weeks of vacation and reschedule them during a plant shutdown
or production curtailment provided that the departmental vacation rules
will allow him to be absent from the department.
7.9 Any change in an employee's selected and designated vacation period
must be approved by the Company and the Union committee, except as
provided in paragraph 7.8 above.
7.10 Employees entitled to two (2) or more weeks of vacation may be
permitted to take such vacations in two (2) separate periods of not
less than one (1) week each. Seniority preference, however, can be
exercised in only (1) of such vacation periods.
7.11 In addition to the vacation general rules that are now in effect, the
following procedure, which indicates how paragraphs 7.5 through 7.10
will be applied, shall be followed:
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7.11.1 Step I. The most senior employee in a department will be asked
to choose his preference period which must be a period of one
or more consecutive weeks. After the aforementioned weeks have
been selected, each man in terms of descending seniority will
be asked to select his preference period until all employees
in the department have made their preference choice.
7.11.2 Step II. Next, the most senior employee in the department will
again be asked to make a selection for those weeks remaining
that have not been earmarked as a preference period. He will
now have made a selection for all weeks for which he is
eligible. After the aforementioned weeks have been selected,
each man in terms of descending seniority will be asked to
select his "other than preference" weeks until the least
senior man had made his selection. The procedure for this
department is now complete.
7.12 Employees who have one (1) or more years of service and who are
separated from service for any reason will receive vacation pay due
them on the following basis: One-twelfth (1/12) vacation credit for
each one hundred (100) hours worked in his current calendar year.
7.13 In the event the employment of any such employee is terminated for any
reason, the Company shall pay to the employee, or to his beneficiary in
the event of his death, all vacation pay due.
7.14 If an employee enters military service and is not expected to return
before the end of the calendar year, the Company shall pay to the
employee, all vacation pay due.
7.15 Employees who wish to have a separate vacation check issued must give
the Company two weeks notice and they will be only issued on payroll
weeks.
7.16 An employee will be allowed to take one (1) week of vacation on a day
to day basis for prearranged time off with at least seven (7) days
prior notice. The Company will maintain the corresponding percentage of
employees for vacation purposes at 14.5% plus two extra employees off
during May, June, July, August and September. Vacation taken on a day
to day basis, as noted in this paragraph, shall not be included in the
calculation of the percentage of employees permitted off for vacation
purposes.
7.17 The final right of allotment of vacation periods is exclusively
reserved to the Company in order to ensure the orderly operation of the
plant.
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ARTICLE VIII - LEAVES OF ABSENCE
8.1 JURY DUTY It is agreed that the Company shall make up the wage loss
incurred by a regular employee (as distinguished from a probationary
employee) because of jury service by payment of the difference between
the amount received for such jury service on the day such employee
would have been regularly scheduled to work and their regular rate of
pay. Any employee reporting for jury duty will not be required to work
their regular shift that calendar day or with management approval an
adjoining calendar day may be substituted for third shift employees.
The employee will be excused for the entire day without loss of pay.
Hours spent on jury service and paid for hereunder shall be considered
as time actually worked for all overtime purposes. Further as outlined
above, the Company shall make up the wage loss incurred by an employee
when subpoenaed as a witness in an action when the employee or the
Union or the Company are neither the plaintiff nor the defendant.
To receive pay from the Company under this provision, the employee must
provide the Company with a statement signed by an official of the court
certifying as to the employee's service as a juror or court witness or
appearance in court for such purposes, the date or dates of attendance,
and the compensation paid to the employee exclusive of any
transportation and/or subsistence allowance.
8.2 MILITARY LEAVE Employees with one (1) year seniority who are members of
organized reserve components of the Armed Forces, including the
National Guard, will be allowed leave of absence annually for the
purpose of attending required military training encampments or cruises.
The Company will pay any employee who goes on such leave of absence the
difference between the employee's straight time pay for up to two (2)
weeks (ten (10) working days) annually and the employee's military pay
including longevity pay but excluding all allowances such as rent,
subsistence, uniform, and travel. Payment will be made when the
employee returns from reserve training on presentation of satisfactory
proof of the amount of pay received.
8.3 FUNERAL LEAVE An employee upon the notification of the death of his or
her father, mother, spouse, son, son-in-law, daughter, daughter-in-law,
brother, sister, stepfather, stepmother, stepson, stepdaughter,
grandson, granddaughter, half-sister, half-brother, mother-in-law,
father-in-law, brother-in-law, sister-in-law, grandparents, and spouses
grandparents shall be granted his or her next three (3) scheduled
working days off with pay (four (4) days off with pay if the employee
is required to travel beyond a radius of 500 miles).
The foregoing to the contrary notwithstanding no bereavement payment
will be made unless the employee attends the funeral nor will payment
be made if there are more than fourteen calendar days between the date
of death and the next scheduled workday.
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Payment by the Company for such time lost shall be on the basis of
eight (8) hours per day at the employee's regular straight time hourly
rate, including shift differential.
As used herein, brother-in-law is defined to mean (1) the brother of
one's husband or wife, (2) the husband of ones sister, (3) the husband
of the sister of one's spouse: and sister-in-law is defined to mean (1)
the sister of one's husband or wife, (2) the wife of one's brother, (3)
the wife of the brother of one's spouse.
The above clause shall not apply to an employee who is laid off, except
that when an employee is notified to return to work on or before the
date of the funeral, he shall be granted full funeral leave with pay.
8.4 UNION LEAVE Any employee elected or appointed to a full time position
with the International Brotherhood of Boilermakers, Cement, Lime,
Gypsum, and Allied Workers, or Local Union or the AFL-CIO or any of its
subordinate bodies, shall be granted an indefinite leave of absence,
providing thirty (30) days notice is given the Company prior to the
beginning of such leave. During such leave seniority shall accumulate.
Insurance benefits shall be suspended after thirty (30) days of such
leave and will again be in effect the first day of returning to work
with the Company. Upon returning to work, such employee will be
reinstated on his former job, providing it is still in existence; if
not, he shall be eligible to apply for any job within the Bargaining
Unit by means of the existing bidding procedure, or by bumping. The
Company agrees to consent to the absence of no more than one (1)
employee at any time.
8.5 PAID MEDICAL LEAVE If an employee with at least one (1) year of service
is absent from work due to disability, sickness and accident benefits
are payable. The disability must prevent the employee from performing
the duties of the job because of a non-occupational sickness or injury.
This benefit is payable if confined to a hospital or home.
After a waiting period of one (1) week (waived if the employee is
hospitalized as an in-patient), the disability benefits are payable at
a rate of $49 per day for a maximum of five days per week. A disabled
employee may receive weekly sickness and accident benefits during the
period of disability not to exceed five (5) months. It is the
employee's responsibility to make application for this benefit and the
attending physician must document the nature of the disability and
expected date of return to work.
No benefits shall be payable for the following:
8.5.1 disability which you are not under the direct care of a licensed
physician.
8.5.2 sickness or injury which is purposefully self-inflicted while
sane or insane.
8.5.3 disability due to an injury arising out of the course of
employment.
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8.5.4 disability due to disease which benefits are payable under
Worker's Compensation, Occupational Disease or similar law.
This benefit terminates upon retirement or upon termination of
employment.
8.6 PERSONAL LEAVE Subject to the approval of the Company, employees
requesting a leave of absence in writing for personal reasons may be
granted leaves of absence not to exceed thirty (30) calendar days.
ARTICLE IX - GRIEVANCE PROCEDURE
9.1 Should differences arise between the Company and the Union, or an
individual employed by the Company, as to the meaning and application
of the provisions of this Agreement, an xxxxxxx effort shall be made by
the parties to settle such differences promptly and in the following
manner:
9.1.1 STEP I. The complaint, within fifteen (15) days of its
occurrence, or the occurrence of the matter out of which the
complaint arises, may be taken up by the employee involved,
with or without Union representation, with his Supervisor. If
the issue is not resolved verbally, the matter shall be
reduced to writing, stating specific article(s) and
paragraph(s) of the Contract that are alleged to have been
violated. This will be presented to the employee's Supervisor
within 10 days for the grievance to be considered and
processed. The grievance will be answered in writing within
five (5) days.
9.1.2 STEP II. If no satisfactory settlement is reached in Step I,
the matter shall be presented to the Plant Manager and/or
Designee within five (5) days from the date of answer by the
Supervisor. The Plant Manager and/or the Director of
Industrial Relations will meet with the Grievance Committee to
hear and discuss the grievance at the monthly grievance
meeting unless the matter requires immediate attention. The
Company shall answer the grievance in writing within five (5)
days after said meeting.
9.1.3 STEP III. If no agreement is reached in Step II, the Committee
may, within five (5) days of the receipt of the above answer,
refer the matter to higher officials of the Company and the
Union, who may attend a meeting to be held within thirty (30)
days upon request.
9.1.4 STEP IV.
(a) Any grievance not settled in Step III above may be
referred to arbitration. Notice to refer a grievance to
arbitration shall be given in writing within fifteen
(15) days after being notified of the decision rendered
in Step III or the matter will be considered closed.
Only one (1) grievance (Arbitrability and grievance to
be considered as a single grievance) may be submitted
to or under review by any one (1) Arbitrator at any one
(1) time unless by prior mutual written consent of the
parties.
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(b) In the event the parties are unable to agree upon an
Arbitrator within seven (7) days after arbitration is
invoked, then they shall jointly petition the Federal
Mediation and Conciliation Service, which shall submit
a panel of seven (7) qualified arbitrators, and the
parties shall select a single arbitrator from such
panel. The Arbitrator shall be appointed by mutual
consent of the parties hereto. If the arbitrators
included in this panel are unacceptable to either
party, a second panel shall be requested from the
Federal Mediation and Conciliation Service and a single
arbitrator selected from this panel.
(c) Any grievance referred to arbitration shall be heard as
soon as possible and a decision rendered within thirty
(30) days of the hearing or the date of postmark of the
post hearing briefs. The arbitrator shall have no power
to add to or subtract from or change, modify or amend
any of the provisions of this Agreement. The decision
rendered by the Arbitrator will be final and binding
upon the Union, the Company, the grievant, and all the
employees covered by this Agreement. The Arbitrator
selected pursuant to this Article shall interpret and
apply the terms of this Agreement; he/she shall not
substitute his/her discretion and judgement for that of
the Company. If the Arbitrator finds that a
dischargeable offense was committed by the employee,
he/she shall not substitute his/her judgement for that
of the Company as to whether discharge or a more
lenient penalty was appropriate in a particular case.
(d) It is expressly agreed that no Arbitrator shall have
the authority to decide any matter involving the
exercise of a right reserved to management under this
Agreement.
(e) Each party hereto shall pay the expense incurred in the
presentation of its own case, and the expenses incident
to the services of the Arbitrator, including the cost
of the transcript, shall be shared equally by the
Company and the Union.
9.2 Any grievance growing out of a discharge or suspension must be
submitted in writing by the aggrieved employee directly to the Union
and from the Union to the Plant Manager or his designee within
forty-eight (48) hours of the discharge or suspension or it will not be
recognized and action taken shall be final.
9.3 The time limits referred to in the foregoing paragraphs exclude
Saturdays, Sundays and holidays.
9.4 Any grievance not presented or appealed within the time limits
provided, unless mutually agreed to extend the time, shall be
considered settled on the basis of the decision which was not appealed
and shall be final and binding on the parties involved.
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9.5 Grievances presented in any of the regular steps set forth and not
answered within the time specified or as the same may be extended by
mutual agreement shall be considered appealed to the next step of the
grievance procedure.
9.6 Disciplinary letters issued to employees will remain in the Company's
employee file. At the end of the twelve (12) month period, the
disciplinary letters will not be held against the employee.
ARTICLE X - NON-BARGAINING UNIT EMPLOYEES
10.1 The Company will take immediate actions to ensure that non-bargaining
unit employees do not perform routine bargaining unit work, with the
following exceptions: work involving corrective action which must be
performed expeditiously; instruction or training of employees;
demonstration; inspection or testing of equipment; work of an emergency
nature; and development work for new process and/or procedures.
ARTICLE XI - STRIKES AND LOCKOUTS
11.1 The Union agrees that there shall be no picketing or strikes by the
Union or by its members, of any kind or degree whatsoever, or walkout,
suspension of work, slowdowns, limiting of production, or any other
interference or stoppage, total or partial, of the Company's operations
for any reason whatsoever, such reasons including, but not limited to,
unfair labor practices by the Company or any other Employer. It is
further agreed that neither the Union or its members shall engage in
the above prohibited conduct in support of picketing, strikes or any
labor dispute actions engaged in by any other organization or person.
In addition to any other recourse or remedy available to the Company
for violation of the terms of this Article by the Union and/or any
Union member, the Company may discharge or otherwise discipline any
employee who authorizes, causes, engages in, sanctions, recognizes, or
assists in any violation of this Article. The Company will not engage
in any lockouts during the term of this Agreement.
ARTICLE XII - HOLIDAYS
12.1 New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the first day of Pennsylvania Deer
Season, the day before Christmas, Christmas Day and one floating
holiday are recognized as "holidays".
12.2 If any such holiday falls on Sunday, the following Monday shall be the
recognized holiday. The holiday hours shall be those hours within the
24 hour period, commencing with the beginning of the first shift on the
morning of the holiday and ending at the beginning of the first shift
the following day.
12.3 If any holiday falls on Saturday, the preceding Friday shall be the
recognized holiday.
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12.4 Employees who are scheduled to work on a holiday shall be paid two and
one half (2.5) times the classified hourly rate.
12.5 Hours worked on a holiday in excess of eight (8) in a work day, in
excess of forty (40) in a work week, on off days, and on callouts shall
be paid for at the applicable overtime rate.
12.6 If no work is required of an employee on the above holidays, he will
receive eight (8) hours pay at his regular straight time rate, provided
he meets the following qualifications:
12.6.1 The employee shall have been employed by the Company for at least
thirty (30) Calendar days prior to the holiday.
12.6.2 The employee shall have worked his last scheduled working day
prior to and his next scheduled working day after such holiday
unless excused therefrom by the Plant Manager on account of
sickness, accident, death in the family, or other excused
absence. In no event shall a holiday be paid for unless an
employee has also worked during the thirty (30) day period
immediately preceding or immediately following the holiday except
that the thirty day limitation shall not apply if the employee
was temporarily absent from work because of sickness, accident,
or layoff. In any event, the employee must work at least one (1)
day in the calendar year in which the holiday is granted.
12.7 If an employee is scheduled to work on a holiday and fails to work, he
shall not receive holiday pay.
12.8 If an employee works on a holiday, the holiday shall be counted as a
day worked for computing his weekly overtime. Paid holiday is to count
as day worked for overtime purposes, provided holiday falls on one of
employee's scheduled work days and he would have worked that day except
for holiday observance.
12.9 Work schedules for each work week which include a holiday will be
posted prior to the end of the first shift on Thursday of the previous
week. If an employee is scheduled to work on a holiday, but then is
instructed by the Company not to work he shall receive for that holiday
eight (8) hours pay at two and one-half (2.5) times his regular
straight time hourly rate.
12.10 The phrase "straight time hourly wage rate" as used solely in Article
XII, Holidays, shall mean the higher of either the employee's regular
straight time hourly wage rate or the highest straight time hourly wage
rate for a job on which the employee works at least eight (8)
consecutive hours in the work week in which the holiday falls provided
(1) that the eight (8) hours had been previously scheduled or (2) the
hours are worked the day before or the day after the holiday whether
previously scheduled or not.
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12.11 The Company will consider the request by an employee to take his
"floating holiday" the day before or the day after a scheduled holiday.
This request must be designated when the employee turns in his annual
vacation request. The efficient operation of the plant and its
departments will be the first consideration and the Company reserves
the right to decline any individual request. If there is a scheduling
conflict between two or more employees, when the Company grants a
request which those employee have made for the same floating holiday,
seniority will govern.
ARTICLE XIII - SENIORITY
13.1 Seniority shall consist of an employee's length of continuous service
with the Company since the employee's last day of hire at its facility
located at Wampum, Pennsylvania, including the bargaining unit jobs at
the quarry.
13.2 Each new employee shall be considered as a probationary employee for
the first ninety (90) days of actual work after which the employee's
seniority shall date back to his or her date of hire. There shall be no
seniority among probationary employees. Such employees may be laid off
or discharged as exclusively determined by the Company.
13.3 Seniority and the employment relationship shall be automatically
terminated when an employee:
13.3.1 is discharged;
13.3.2 is terminated upon permanent shutdown of the Wampum
facilities;
13.3.3 is laid off for a period of thirty-six (36) months or the
length of his or her seniority as of his or her last day of
work, whichever period is shorter;
13.3.4 voluntarily quits which shall be deemed to include:
(a) failure to notify the Company of the employee's intention
to return to work after layoff within three (3) working
days, and to actually report to work within seven (7)
working days (unless this latter period is extended in
writing by the Company) after he or she has been notified by
certified mail (either by delivery or attempted delivery) at
his or her last address appearing on the Company's records
to report to work;
(b) an absence for three (3) consecutive scheduled work days
without notifying the Company or reporting to work unless
excused by Management in advance;
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(c) the employee fails to return to work on the first
regularly scheduled work day following the termination of
any leave of absence or any other leave approved by the
Company unless excused by Management.
13.3.5 retires.
13.4 When a vacancy occurs for which a laid off employee is qualified, he or
she will be given notice of recall at his or her last address as shown
on Company records. The employee must notify the Company of the
employee's intention to return to work after layoff within three (3)
working days and must actually report to work within seven (7) working
days after he or she has been notified. This may be extended for an
additional seven (7) days if the employee has another job which
requires a two (2) week resignation notice and the employee makes a
written request for such.
13.5 An employee on continuous absence due to disability shall accrue
seniority and retain recall rights for a period not to exceed
thirty-six (36) months, or sixty (60) months if the employee was
injured on the job. An employee absent because of disability shall only
be returned to work after he or she is physically able to perform the
job. However, should such an employee be declared totally and
permanently disabled prior to thirty-six (36) months or sixty (60)
months for work related injury, such employee's name shall be removed
from the payroll and a notice to this effect will be sent to his or her
last address as shown on Company records.
13.6 If an incapacitated employee is released to return to work and is not
physically able to perform the job that the employee was performing
before the disability occurred, the released employee shall be allowed,
subject to mutual agreement between the Company and the Union, to
displace a less senior employee in a job that the released employee is
physically capable of performing. The displaced employee shall be the
least senior person in the job classification. Qualification will be
handled as in the normal layoff procedure outlined in Article 14.2. If
a less senior employee is displaced from their job, the displaced
employee, with the ability and qualification to perform another job,
shall be allowed to also displace a less senior employee following the
same procedure.
13.7 Seniority lists agreed to by and between the Company and the Union
shall be posted on the bulletin board as of May 1 and November 1 of
each year. Corrections shall be made in the seniority lists when it is
proved an employee is placed in the wrong position on said list, but
all requests for corrections must be made within thirty (30) days from
date of posting or the list shall be valid as posted. The Union will be
given a copy of the seniority list.
13.8 All employees have the obligation to notify the Company of their
current address and telephone number and immediately advise the Company
of any changes.
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ARTICLE XIV - LAYOFF
14.1 The Company recognizes that all employees shall retain the right to
seniority preference in cases of layoffs, production curtailment,
temporary shutdown and recall. The last employee hired shall be the
first laid off and the last laid off the first rehired. Such
preferences in the cases of layoffs and recall shall take into
consideration the employee's ability to perform the available work and
the efficient operations of the operation. It is recognized that, in
periods where business conditions necessitate that the level of
production be reduced to a point where only a minimum of employees is
required, it shall be necessary, in some cases, to deviate from strict
plant seniority in order that some positions be available to service
and adjust the equipment when production requirements increase. When
deviating from strict plant seniority, the Company will keep the most
senior, qualified employees, as determined by the Company, in the
classification(s) needed to service and adjust such equipment. If the
Company does not layoff in accordance with seniority, the Company will
meet with the Union to explain the reasons prior to the layoff.
14.2 In the event that an employee is displaced for any reason, other than
disciplinary, the employee may elect to exercise plant seniority to
displace the least senior person in a position the senior employee is
qualified to perform after being placed on the job. To qualify, it must
be reasonable to expect that the senior employee can demonstrate the
ability to adequately perform a satisfactory amount of the primary
duties within a reasonable amount of time not to exceed (90) ninety
calendar days as determined by the Company.
14.3 When an employee has been laid off or displaced because of permanent
changes in the working force and/or in the event the Company constructs
a new cement manufacturing plant that will affect the employment status
of an employee in the Wampum plant bargaining unit, such employee may
make written application within fifteen (15) days of layoff for
employment in the new plant and be given preferential employment rights
for the next highest rated vacant job the employee is capable of
performing in that plant. Any such employee will maintain his last hire
date for employee benefit purposes. Seniority rights at the Wampum
plant shall terminate upon the completion of the employee's
probationary status at the new plant.
ARTICLE XV - JOB BIDDING
15.1 When the Company determines a vacancy exists, other than a minimum pay
job, the Company will post a notice of such fact. Said vacancies shall
be posted for seven (7) days to allow any employee in a classification
whose straight time hourly rate is less than the bid job to make
application in writing for such job. The Company will consider every
application in terms of:
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15.1.1 Seniority
15.1.2 The applicant's skill and ability measured against the
requirements of the job.
Where two or more applicant's qualifications in (15.1.2) are
relatively equal, seniority shall govern.
Knowledge, training, skill and ability gained while holding jobs under
the bid system and seniority will be given consideration in making
promotions, layoffs, or reductions in work force.
If an employee proves unsatisfactory, he/she shall be reinstated to
his/her previous job, and the Company will consider the remaining
applicants in accordance with the above.
This article does not require the Company to award a job to any
applicant if no applicants are qualified to perform the work.
The Company has the right to assign any employee to fill a new job or
to fill a vacancy until the job has been awarded.
The Company will meet with Local Union Committee to explain its
decision when the Company awards a job to a junior applicant. Any
senior applicant shall have the right to challenge the Company's award
by filing a grievance in a timely manner. Any employee reinstated to
his previous job shall have the right to challenge his
disqualification by filing a grievance in a timely manner.
15.2 Prior to the time that bids are removed from the bid box, an employee
may withdraw his bid by placing a withdrawal slip in the bid box. Bid
boxes will contain two (2) locks; one for the Company and one for the
Union.
15.3 Any employee can give the Company a letter which lists in order of
preference all jobs that the employee wishes to bid if such jobs
become vacant and are posted while the employee is absent form work
because of a scheduled vacation or due to an illness or an injury.
Furthermore, if the Company creates and post a new job during such
period that an employee is absent from work due to an illness or an
injury, the Company will use its best efforts to notify the employee
about such job no later than the last day such job is posted to learn
whether the employee wishes to bid on the job.
15.4 An employee who bid for and is awarded a permanent job can bid for the
same permanent job even though it is in the same bracket if the
employee's sole reason is to work different day and/or shifts.
An employee who bids and is awarded a job shall receive the rate of
the new job when he/she moves on the job.
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15.5 If there are no applicants or if there are no applicants qualified to
perform the work, the Company at it option (1) can hire a new employee
who if qualified to perform the work for the vacant or new job, or (2)
award the job to the least senior laborer and train her/him or train
the most senior applicant. This statement of intent shall not limit
the Company's right to disqualify the employee if the employee fails
to perform all the duties of the job within a reasonable period of
time.
15.6 Temporary Reassignment. An employee who is temporarily assigned by a
supervisor to perform work of a higher paid job classification will be
paid the rate of such higher job classification for time actually
worked, whichever is greater. An employee temporarily assigned by a
supervisor to perform work in an equal or lower paid classification
will be paid the base hourly wage rate of the employee's permanent
classification.
15.7 In no event shall the Company be requested or required to post any job
temporarily vacated by reason of vacations, illness, or injury.
15.8 SUMMER HELP PROGRAM
15.8.1 Temporary summer help employees may be employed between May 1
and September 30, or longer if there is a mutual agreement
between the Union and the Company.
15.8.2 Preference will be given to college students who are sons and
daughters of employees in applying for summer help positions.
15.8.3 The Company reserves the sole right to determine who will be
hired.
15.8.4 Summer help employees will be treated as "at will"
probationary employees and may be terminated by the Company
with or without cause or reason. Summer help employees will
not be entitled to participate in benefit plans found in
Article XX or paid leaves in Article VIII. Summer help
employees will not bid jobs but may be temporarily assigned to
various jobs by the Company.
15.8.5 No summer employee will be hired when any regular employee is
on layoff.
ARTICLE XVI - WORKWEEK AND OVERTIME
16.1 HOURS OF WORK
Eight (8) hours shall be the regular work day and forty (40) hours
shall be the regular work week. This shall not constitute a guarantee
of work. The work day shall commence with the beginning of the morning
shift and work week shall commence with the beginning of the morning
shift on Sunday.
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16.2 WORK SCHEDULES
16.2.1 Work schedules for each work week will be posted on Thursday
of the previous week prior to the end of the first shift. If
an employee's work schedule is changed after the end of the
first shift of the preceding Thursday a thirty-five dollar
($35.00) premium shall be paid in addition to whatever
compensation the employee is otherwise entitled to receive
under any other Section of the Agreement.
16.2.2 If any employee's schedule is changed after the Thursday
posting as a result of an employee who is absent from the
plant not notifying the Company by 9:00 A.M. on the date of
the posting that he will be available for work the following
week, no schedule penalty shall be paid to the employees so
affected including the employee returning to work.
16.2.3 The above exemption from the scheduling clause penalty shall
not apply to schedules changed as a result of an employee
returning from vacation, a floating holiday, bereavement leave
or jury duty.
16.2.4 The current practice of scheduling an employee so that the
employee has two consecutive days off work under normal
working conditions shall not be changed during the term of
this Agreement except by written agreement of the Company and
Union.
16.2.5 When the Company changes an employee's schedule, the Company
will explain to the employee the reason for the change and the
estimated duration of the change. The estimated duration of
the change is provided the employee solely to assist the
employee in personal planning and does not limit the Company's
right to increase or decrease the duration of the change.
16.2.6 If the Company decides that the work schedule for a job should
be permanently changed, the Company will eliminate the old job
and bid the new job.
16.2.7 Twenty (20) minutes prior to the end of the shift the whistle
will blow. This will provide ample time for employees to put
tools away and shower. As soon as employees' tools are put
away, they may immediately proceed to the showers. Employees
should stay on their job until this whistle blows.
16.3 RATE OF PAY - OVERTIME The applicable overtime rate shall be time and
one-half (1.5) the employee's straight time hourly rate for hours
worked over eight (8) in a day or over forty (40) in a week and double
time (2X) for all hours worked over twelve (12) except on a holiday,
in which case the applicable rate shall be:
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16.3.1 SUNDAY WORK All hours worked by an employee on Sunday which
are not paid for on a premium and/or overtime basis shall be
paid at the rate of one and one-half (1.5) times the
classified hourly rate, exclusive of shift differentials.
Callouts on Sunday will be paid at double (2X) time. There
shall be no duplication or pyramiding of premium pay and/or
overtime under this provision.
16.3.2 HOLIDAY WORKED Hours worked on a holiday will be paid at two
and half (2.5X) times in lieu of holiday pay.
If an employee does not work a regularly scheduled workday through
action of the Company, excused absence or because of a holiday, that
day shall be considered as actually a day worked for all overtime
purposes.
16.4 SEVENTH CONSECUTIVE DAY: If an employee actually works seven (7)
consecutive workdays in the plant workweek regardless of the number of
hours worked on any workday, the employee shall be compensated by
multiplying the classified hourly wage rate by one (1.0) for each and
every hour worked during the seventh consecutive workday, and this
premium shall be paid in addition to whatever compensation the
employee is otherwise entitled to receive under any other section of
the Agreement.
16.5 CALLOUTS AND OFF-DAYS. In case an employee is called for emergency
work during any hour in the day or week, in addition to his regular
schedule, he shall receive a minimum of four (4) hours pay for such
work, at the applicable overtime rate. However, if he is notified
before the end of his regular shift to report early, it shall not be
considered a callout. Callout hours and off-day hours are overtime
hours.
16.6 REPORTING PAY. Any employee who is required to report for work shall
be given at least four (4) hours pay at the classified hourly rate,
and shall receive full time pay for all time thereafter that he is
required to remain on the premises ready for work. Any employee put to
work on his regular working day shall receive a full day's pay at the
classified hourly rate.
The above does not apply to an employee who is returning to work from
a medical absence who has not given the company 24 hours advance
notice of his return.
16.7 After an employee has been engaged in work for twelve (12) consecutive
hours, he shall be paid for all consecutive hours worked immediately
succeeding and in excess of such twelve (12) hours at double (2X) his
regular straight time hourly rate. If an employee is being paid the
rate of double time under the foregoing paragraphs, his rate of pay
shall not be reduced when his work continues into or overlaps his
regular shift. However, the Company may exercise either of the
following options:
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16.7.1 The Company may instruct the employee to continue to the end
of the shift at the double time rate, or
16.7.2 The Company may send the employee home at any time during the
shift provided the remainder of the shift is paid for at
straight time.
16.8 Overtime paid for on a daily basis shall not be duplicated on a weekly
basis.
16.9 OVERTIME:
16.9.1 Every reasonable effort will be made by the Company to avoid
requesting any employee to work overtime and the Company will
consider under the circumstances involved any reasonable
excuse from an employee for not working the overtime. During
the extended period of scheduled overtime, the Company will
give special consideration to an employee's request to be
excused from overtime work because of fatigue as long as it is
consistent with the Labor Agreement and plant operational
requirements. However it is understood that each employee is
expected to work a reasonable amount of overtime.
16.9.2 Overtime in the various job classifications shall be equally
divided among the employees of the respective job
classifications insofar as it is practical to do so. When an
employee is not available for overtime in his classification,
the Company will make every effort to use another qualified
employee in the same department before going to another
department. This will not prevent the Company from going
outside the department where the overtime is required to avoid
the payment of a rate whether penalty or premium of greater
than time and one-half (1.5). The practice of posting overtime
will be continued.
16.9.3 After an employee is transferred or assigned to a
classification other than his own, he shall be eligible for
the same overtime within that classification as would the
employee he replaced.
16.9.4 Employees who are called upon to work overtime shall not be
laid off during their regular work time for the purpose of
equalizing said overtime.
16.9.5 The Company will pay overtime in fifteen (15) minute
increments during the first hour of overtime.
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16.10 OVERTIME LUNCH
16.10.1 Any employee who has not been notified of his overtime
assignment at least twelve (12) hours prior to the
commencement of the overtime assignment and who works more
than ten (10) consecutive hours, shall be provided with a hot
lunch. The Company will allow the employee thirty (30) minutes
away from his/her job to eat his/her lunch. Subsequent lunches
and (30) minute lunch breaks will be provided every four (4)
consecutive hours worked beyond the ten (10) consecutive
hours.
16.10.2 Any employee who is called out and works more than four (4)
consecutive hours shall be provided with a hot lunch which
shall be eaten at the end of said four (4) consecutive hours.
In addition, said employee shall be provided with a hot lunch
every four (4) consecutive hours worked thereafter.
There shall be no duplication of hot lunches under
provisions (1) and (2) above. The employee shall be given
reasonable time to eat his lunch without loss of pay.
16.11 EIGHT CONSECUTIVE HOURS OFF-DUTY
16.11.1 In the event an employee does not receive eight (8)
consecutive hours off work within the fourteen (14)
consecutive hours immediately preceding the start of his next
scheduled shift, the Company shall exercise one of the
following options:
(A) Instruct the employee to report late for his next
scheduled shift by the number of hours his longest
consecutive off-duty period falls below eight (8) hours
and pay the employee the appropriate straight time rate
for those hours not worked between the starting time of
his scheduled shift and the time he reports to work in
accordance with the Company's instructions. The
appropriate straight time rate on the workday Sunday
shall be one and one-half (1.5) and on a recognized
holiday, two and one-half (2.5).
(B) Instruct the employee to report to work at the starting
time of his scheduled shift. The employee shall receive
a premium for those hours worked which, if added to his
longest consecutive off-duty period, equal eight (8)
hours. The premium shall be determined by multiplying
the classified hourly wage rate by one (1.O). The
premium shall be in addition to whatever compensation
the employee is otherwise entitled to receive under any
other section of this Article.
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16.12 TEMPORARY JOB VACANCIES
16.12.1 The Company shall not be required to fill temporary job
vacancies whether scheduled or unscheduled, unless the
efficient operation of the plant requires that said
temporary job vacancies be filled.
16.12.2 When an employee is scheduled to work in a higher wage
classification, she/he shall receive the higher rate of
pay for a minimum of four (4) hours. If an employee has
been scheduled to work in a higher wage classification,
at any point in time in each week, within a six (6)
consecutive weeks time period , the Company will meet
with the Union to determine how to cover the higher wage
classification beyond the six (6) consecutive weeks.
16.12.3 The Company will post a list of all jobs that are to be
filled the following week. In addition, for the sole
purpose of facilitating the assignment of fill-ins for
the following week, the Company will post on Monday, a
list of the jobs that, to its knowledge, will be needed
to be filled the following week. If an employee wishes to be
considered for any fill-in for the following week he must notify
the Company which job he desires on a form provided by the
Company by 4:00 P.M. the Wednesday after the Monday posting or
she/he will not be considered for the fill-in. This Monday
posting does not replace the Thursday posting requirements nor
is the Company liable for any penalties for failure to make such
Monday posting. Laborers who wish to be considered for these
assignments must follow the above procedures. If there are not
enough employees signed up to meet the Company's requirements on
this posting, the Company will assign the junior laborer who is
broken in on that job (if it is a job that requires break-in
time).
16.12.4 The Company can assign laborers to fill temporary
vacancies, scheduled or unscheduled, according to the
seniority of the individual provided that he has the
skill and ability to perform the required work. If only
one (1) laborer is qualified, he must accept the assignment.
Once laborer assignments have been completed, no laborer may be
bumped out of his assigned job, for the week for which the
assignment has been made, by another laborer.
16.12.5 The Company will consider a request from a fixed shift
employee to replace an employee on the day shift in his
classification when the day shift employee is on vacation or
extended illness in excess of one week provided however, that
the laborer used to replace the offshift employee has been
previously trained in that classification. The Company retains
the right to decline these requests, but will not unreasonably
withhold such permission.
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16.13 PLANT SHUTDOWNS
During periods of plant shutdowns when employees are needed for
maintenance, repairs, or work on plant alternations, the wage rate
paid to employees who are retained for work during the first
forty-five (45) days of a plant shutdown shall not be less than the
employee's regular straight-time wage rate normally paid when the
plant is producing. After forty-five days, the wage rate paid shall be
the wage rate of the job performed.
16.14 The Company will not require an employee to clock out and then require
him to clock back in for the sole purpose of avoiding penalties.
16.15 REST BREAK
Any employee who does receive a paid lunch period shall be entitled to
fifteen (15) minutes to eat lunch. Lunch breaks for all employees in
this group shall be scheduled so that there is no interruption of
operations. (The Company shall have the right to stagger lunch
breaks.) Should the employee miss any part of or all of this 15 minute
lunch break, there is no penalty. However, if said employee is
regularly denied his lunch break, he may file a grievance in a timely
manner.
ARTICLE XVII - SAFETY AND HEALTH
17.1 A joint Safety and Health Committee will be established consisting of
members appointed by the Company and the Union. The "Committee" will
consist of two (2) members from the Union and two (2) members from the
Company plus the Plant Manager or designee. Meetings will be held
regularly to address safety and health concerns and make
recommendations to the plant management. The "Committee" will
establish an Accident Investigation Team. The Accident Investigation
Team will begin their investigation as soon as possible following an
accident. Safety issues, complaints and/or disputes may be
investigated by the "Committee". The Company will provide employees
with required safety equipment. Employees will be required to properly
use and maintain all personal protective equipment supplied by the
Company.
17.2 The Company will furnish approved basic prescription ground safety
glasses to active bargaining unit employees, including the cost of an
annual eye exam. Prescription safety glasses will not be replaced
unless the safety glasses were damaged or broken during the
performance of duties.
17.3 The Company will annually reimburse active bargaining unit employees
for the purchase of safety shoes. The total annual reimbursement for
this safety equipment may not exceed $180.
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17.4 All time spent by a bargaining unit employee as a member of the
committees in the Articles listed in this section, including all time
spent during Federal and State inspections and pre and post close-out
meetings, shall be compensated at the employee's regular straight time
rate. Any time spent during the hours the employee is scheduled to
work shall count toward the calculation of any penalty or premium pay
section of this Agreement including, but not limited to, daily or
weekly overtime.
17.5 Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by the Joint Safety
and Health Committee. No employee shall be disciplined or discharged
for refusing to work on a job if his refusal is a bona fide claim that
said job is not safe or might unduly endanger his health and safety.
17.6 In the event that an employee is required to clean silos under
conditions that follow confined space entry procedures with proper
training, the hours worked shall be compensated for by multiplying the
classified hourly wage rate by one-half (0.5).
ARTICLE XVIII - BULLETIN BOARD
18.1 The Company agrees to allow the proper officers of the Union who are
employees of the Wampum Plant of the Company to use one designated
section of the plant bulletin board for posting notices in the
interest of the Company and its employees.
ARTICLE XIX - MISCELLANEOUS
19.1 The Company will enter into a Union label agreement for the Company's
package products.
19.2 Any hand tool that the employee uses in the performance of his job
duties will be replaced in the event that the tool is rendered not
usable during the course of the employee's work. The tool must be
presented to the Company prior to replacement.
19.3 The normal time for distribution of pay checks to all employees shall
begin with the start of the day shift every other Friday, except that
Quarry employees and any employee starting the second shift will
receive his pay check on the Thursday preceding the normal pay day.
19.4 Gloves will be made available for purchases to employees at cost on a
cash basis.
19.5 When the Company decides that an interview between the Company and an
employee regarding job qualification is to be conducted, a
Committeeman chosen by the Company will attend the interview for the
purpose of affirming that said interviews are conducted with a
reasonable degree of uniformity.
29
19.6 Printing of Agreement - The necessary Agreements will be printed at
Company expense and each copy will bear the Union label. The Company
will provide each local with a supply of the booklets.
ARTICLE XX - BENEFIT PLANS
20.1 During the term of this Agreement the Company will provide employees
with participation in Southdown, Inc. Medical Network Plan, the
Southdown, Inc. Group Dental Benefit Plan, the Southdown, Inc. Life
Insurance and Accidental Death and Dismemberment Plan, the Southdown,
Inc. Long Term Disability Plan, the Southdown, Inc. Pension Plan, the
Southdown Inc. Retirement Savings Plan and Southdown, Inc. Voluntary
Life Insurance Plan, including all amendments and modifications to
said plans during the life of this Agreement, on the same basis as the
benefits and eligibility requirements are provided to Southdown,
Inc.'s salaried employees.
20.1.1 The Wampum Hourly Pension Plan will be merged into the
Southdown, Inc. Pension Plan effective with the date of this
Agreement. Any employee retiring during the term of this
Agreement will have his pension benefit calculated under both
plan formulas and will receive the higher of the two amounts.
Employees will continue to accrue credited service at a flat
rate of $29.00 per year under the hourly plan through December
31, 2001 at which time the accrued benefit will be frozen. At
the time of retirement, should an employee have more than 30
years of credited service with the Company, the employee's
benefit under the hourly plan as of December 31, 2001, will be
unreduced for early retirement.
20.2 During the term of this agreement, the Company will provide post
retirement medical insurance coverage to all eligible employees
covered under this bargaining unit who retire after having achieved
the age of 62 with at least 15 years of company service. The
provisions of this coverage will be the same as the benefits and
eligibility requirements provided for in the Southdown Inc. Retiree
Medical Insurance Plan which are subject to modification.
20.3 SICKNESS AND ACCIDENT BENEFITS
If a permanent employee (non-probationary/non temporary) is absent
from work due to disability, sickness and accident benefits are
payable. The disability must prevent the employee from performing the
duties of the job because of a non-occupational sickness or injury.
After a waiting period of one (1) week (waived if the employee is
hospitalized as an in-patient), the disability benefits are payable at
a rate of forty-nine dollars ($49) per day for a maximum of five days
per week. A disabled employee may receive weekly sickness and accident
benefits during the period of disability not to exceed five (5)
months. It is the employee's responsibility to make application for
this benefit and the attending physician must document the nature of
the disability and expected date of return to work. No benefits shall
be payable for the following:
30
20.3.1 disability which you are not under the direct care of a
licensed physician.
20.3.2 sickness or injury which is purposefully self-inflicted while
sane or insane.
20.3.3 disability due to an injury arising out of the course of
employment.
20.3.4 disability due to disease which benefits are payable under
Worker's Compensation, Occupational Disease or similar law.
This benefit terminates upon retirement or upon termination of
employment.
20.4 Health and Medical Plan Contribution Rates
During the term of this agreement, employee contributions for Health
and Medical Plans shall be as follows:
Employee Only $30/month
Employee and Children $50/month
Employee and Spouse $60/month
Employee and Family $70/month
ARTICLE XXI - WORK PRACTICES
21.1 The Company will provide training for one laborer when xxxxxxx
requirements of the plant provide ample resources to man required
operational jobs.
21.2 The following rules shall govern the training of laborers for the
purpose of filling vacancies.
21.2.1 Management will, one week in advance, announce and post the
job for which training will be provided.
21.2.2 Laborers must notify the Company, starting with the senior
laborer, of their intent to accept the training in 21.1.1
above. If no one applies, the junior laborer may be required
to train.
21.2.3 Management will determine the number of laborers who will be
trained for each classification.
21.2.4 Management will determine the classifications for which
laborers will be trained for the purposes of filling
vacancies.
(a) Management will attempt to balance the number of jobs the
laborers are to be trained in.
31
21.2.5 The Company shall, before offering training in any job higher
than bracket nine (9), to a laborer hired after 10/1/77, give
the laborers hired prior to 10/1/77 the opportunity to train
for a job higher than bracket nine (9) subject to the
following conditions:
(a) The opportunity must be offered in order of seniority.
(b) The laborer shall have the choice of accepting or
rejecting the training.
21.2.6 During the time when temporary summer laborers are working at
the plant, the following rules shall apply when training is
offered to the Labor Department for the purpose of filling
vacancies:
(a) Permanent laborers must accept training for purposes of
filling vacancies. They shall be selected by canvassing
the labor crew in order of seniority. If no permanent
laborers voluntarily accept the training, the least
senior one is compelled to do so.
(b) Temporary summer laborers can be used to fill vacancies
as long as all permanent laborers are already working in
that capacity.
21.2.7 During the transition period before an additional packing crew
is put on or taken off, it is recognized that a reasonable
amount of overtime will be required. The Company will secure
as much information from sales as possible so that this
overtime can be held to a minimum and the addition of or
removal of a shift is consistent with a continuing increase or
decrease in package business.
21.2.8 It is understood and agreed to by the Local Union No. 173 and
the Local Management at the Southdown Wampum Plant that the
amount of overtime that an employee has been charged is not a
factor that Management must consider when it is making a
choice as to who will be scheduled to work on a holiday or
premium hours other than overtime hours.
32
(a) This means that the equalization of overtime is not
a controlling factor over, and has no connection
with, which employee is asked to work hours that
are to be paid for at a premium rate. Contractual
distribution of overtime requirements will be
followed in all overtime cases.
21.2.9 Production Utility shall be considered a classified
employee for overtime purposes on the day he fills each
classification. Once one of these classifications is
exhausted on any other day, than those where he fills in,
he would be eligible for overtime before going into the
department.
21.2.10 If an employee's job requires a drivers license and he
loses said license, said employee shall return to the
laborer crew at labor rate with all rights and privileges
of a Laborer.
21.2.11 The Company will maintain all Plant restrooms in a clean
and orderly condition. This work will be assigned to a
Mill Janitor and/or Laborer as required.
ARTICLE XXII - TERMS OF AGREEMENT
22.1 After ratification by the members of the Local Union, this Agreement
shall become effective and remain in force and effect and be binding
upon the parties hereto from August 29, 1999, to and including April
30, 2002, and it shall continue to be in full force and effect
thereafter from year to year until either party on or before March
1st, of any year, beginning March 1, 2002, gives written notice to the
other party of its desire or intention either to alter and modify or
terminate the same. If such notice is given, the parties hereto shall
begin negotiations not later than March 31st in such year.
33
IN WITNESS WHEREOF, the Union has caused this Agreement to be executed in its
name, after due authorization by a vote of a majority of its members, and the
Company has caused it to be executed in its name, by its duly authorized
representatives.
INTERNATIONAL BROTHERHOOD SOUTHDOWN, INC.
OF BOILERMAKERS, CEMENT, LIME
GYPSUM AND ALLIED WORKERS,
DIVISION LOCAL BADGE NO. D-173
-------------------------------- ----------------------------------
-------------------------------- ----------------------------------
-------------------------------- ----------------------------------
-------------------------------- ----------------------------------
-------------------------------- ----------------------------------
--------------------------------
--------------------------------
--------------------------------
34
APPENDIX "A"
JOB CLASSIFICATIONS AND WAGE RATES - WAMPUM PLANT
BRACKET JOB TITLE 9-1-99 5-1-00 5-1-01
------- --------------------------- ------ ------ ------
1 Utility Janitor 15.41 15.87 16.35
2* Laborer 15.57 16.04 16.52
3 --- 15.74 16.21 16.70
4 --- 15.90 16.38 16.87
5 Unloading Attendant 16.07 16.55 17.05
6 --- 16.23 16.72 17.22
7 --- 16.40 16.89 17.40
8 Storekeeper 16.56 17.06 17.57
*10 Painting 16.89 17.40 17.92
11 Lubeman A 17.06 17.57 18.10
Maintenance
12 Physical Chemist 17.22 17.74 18.27
Pack & Load
13 Equipment Operator 17.39 17.91 18.45
14 Mix Chemist 17.55 18.08 18.62
Truck Mechanic A
Utility Chemist
Repairman A
Production Utility
Quarry Mechanic A
Quarry Specialist
Process Control/Maintenance
15 Rotating Repairman A 17.72 18.25 18.79
16 Machinist A 17.88 18.42 18.97
Instrumentman A
Electrician A
Mechanic Leader
17 --- 18.05 18.59 19.14
18 Electrical Leader 18.21 18.76 19.32
Instrument Leader
19 Control Room Operator 18.54 19.10 19.67
*(1) Painting - Rate purposes only (Bracket 1O)
(2) The loader used to load stone into trucks at the quarry face will be
placed in Bracket 15 for pay purposes only and without precedence for
any other classification in the job evaluation program.
35
* Laborer*
Laborers hired after the date of ratification shall be paid in accordance
with the following schedule:
YEAR 1 YEAR 2 YEAR 3
------- ------- -------
New Hire Rate $ 9.94 $ 10.24 $ 10.54
I 61st day worked $ 10.45 $ 10.77 $ 11.09
II 6 months after D.O.H. $ 10.97 $ 11.30 $ 11.64
III 1 year after D.O.H $ 12.18 $ 12.55 $ 12.93
IV 2 years after D.O.H Current Labor Rate
36
APPENDIX A (1)
SENIORITY LIST
WAMPUM AS OF 09/01/99
NAME DATE HIRED
---- ----------
XXXXXX, XXXXXX X. 02/29/56
XXXXXX, XXXXXX X. 05/27/63
XXXXXXXX, XXXXXX X. 06/11/65
XXXXX, XXXXXXX 04/16/66
XXXXXX, XXXXXXX X. 05/10/66
XXXXXXX, XXXXXXX X. 05/01/67
XXXXXXX, XXXX X. 08/30/67
XXXXXX, XXXXXXXX X. 04/17/68
XXXXXXXX, XXXXX X. 04/29/68
XXXXXXXX, XXXXXX X. 05/21/68
XXXXXX, XXXXXX 05/27/68
XXXXXXXX, XXXXX X. 06/17/68
XXXXXX, XXXXX X. 03/10/69
XXXXXXXXX, XXXX X. 03/17/69
OLAYER, XXXXXX X. 05/01/69
XXXXXX, XXXXXXXX X. 05/12/69
XXXXXX, XXXXXXX X. 05/19/69
XXXXXX, XXXXX X. 07/21/69
XXXXXXXXXXX, XXXXXX 03/30/70
XXXX, XXXX X. XX. 04/13/71
XXXX, XXXXXX X. 04/13/71
XXXXXXXXX, XXXXXX X. 04/15/71
XXXXXXXX, XXXXX X. 04/15/71
XXXXXXX, XXXXXX X. 04/16/71
XXXXXX, XXXXXXX X. 04/16/71
VALENTINO, XXXXXXX XX. 04/16/71
XXXXXXXX. XXXXX 04/19/71
XXXXX, XXXXXX 04/19/71
XXXXXXXXX, XXXXXXX X. 04/19/71
XXXXXXX, XXXXXX X. 04/19/71
XXXXX, XXXXXX X. 04/19/71
XXXXX, XXXXXX X. 05/05/71
XXXXXXXX, XXXXXX X. 05/17/71
NAME DATE HIRED
---- ----------
XXXXXX, XXXXXX 06/07/71
KRAVOS, XXXX XXX 06/07/71
XXXXXXXX, XXXXXX X. 08/23/71
XXXXXX, XXXXXXX X. 08/30/71
XXXXX, XXXXXXX X. 10/12/71
GUY, XXXXX X. 10/13/71
XXXXX, OVAL E. 09/18/72
XXXXXXX, XXXX 09/25/72
XXXXXXXXX, XXXX X. 11/13/72
XXXXXX, XXXXXXX XX. 07/30/73
XXXXXX, XXXX X. 07/30/73
XXXXX, XXXXXXXX 08/06/73
37
XXXX, XXXXX X. 09/17/73
XXXX, XXXXXXX X. 09/17/73
XXXXXXXX, XXXXXX X. 09/24/73
SMIALOWSKI, XXXX XX. 09/24/73
XXXXX, XXXXXX X. 10/01/73
BABEL, XXXXXX X. 04/29/74
XXXXXX, XXXXXX X. 04/29/74
XXXXXX, XXXXXXXX X. 04/29/74
XXXXXXXX, XXXX 04/29/74
XXXXX, XXXXXXXX 09/16/74
XXXXXXXX, XXXXXX 10/11/77
XXXXX, XXXX 03/20/78
XXXXXX, XXXX 03/20/78
XXXXX, XXXXXXX 03/27/78
XXXXX, XXX 03/27/78
XXXXX XXX 04/03/78
XXXXX, XXXX 04/17/78
XXXXX, XXXXXX 05/22/78
XXXXX, XXXXXXX 08/21/78
XXXXXXXXX, XXXXX 08/23/78
XXXXXXXXX, XXXXXX 08/28/78
XXXXXXX, XXXXXX 08/28/78
XXXXXXXXX, XXXXXX 08/28/78
XXXXX, XXXXXXX 08/28/78
XXXXXXX, XXXXXX XX. 09/18/78
XXXXXXXXXX, XXXXXX 09/L9/78
XXXX, XXXXXXX XX. 09/20/78
XXXXXXX, XXXXXX 03/12/79
XXXXXXX, XXXXX 09/24/79
XXXX, XXXXXX 09/24/79
XXXXXXXXX, XXXXX 09/24/79
XXXXXXXXX, XXXXX 09/24/79
XXXXXXX, XXXXX 10/01/79
XXXXXXX, XXXXX 10/01/79
XXXXXXX, XXXXX 10/01/79
XXXXX, XXXXX 10/01/79
XXXX, XXXXXXX 10/01/79
XXXXXXX, XXXX 10/09/79
NAME DATE HIRED
---- ----------
XXXXXXXXXX, XXXXX 12/17/79
XXXXXXXXX, XXXXXX 12/17/79
XXXXXX, XXXX X. 12/17/79
XXXXX, XXXXX 12/17/79
XXXXXXXXXX, XXXX 12/17/79
XXXXXXXX, XXXXX 01/02/80
XXXXXX, XXXXXXX 01/02/80
POLAND, XXXXXX X. 09/03/85
XXXXXXX, XXXXXX 06/02/86
XXXXXX, XXXXX 06/02/86
XXXX, XXXXX 06/02/86
XXXXXXXX, XXXX 06/02/86
KRUEGER, WILLIAM, J. 06/02/86
38
XXXXXX, XXXXX 06/02/86
XXXXX, XXX 06/02/86
XXXXXXX, XXXXX 06/02/86
XXXXXXXX, XXXXX XX. 06/18/87
XXXXX, XXXX X. 06/08/87
XXXXXX, XXXXXX 06/08/87
XXXXX, XXXXXXX XX. 06/08/87
XXXXXXX, XXXXXXXXX 06/08/87
COLUNDRELLO, XXXXXXXXX XX. 08/12/87
XXXXXX, XXXXXX X. 08/12/87
XXXX, XXXXX X. 08/12/87
XXXX, XXXX X. 03/13/88
XXXXXXXX, XXXXX X. 06/13/88
SKLENCHAR, XXXXXX X. 06/13/88
XXXXX, XXXXXXX X. 10/02/89
XXXXXX, XXXXXXXX X. 10/02/89
XXXXXXXXX, XXXXXXX X. 10/02/89
XXXXXXX, XXXXX X. 04/22/91
XXXXX, XXXXXXX X. 04/22/9L
XXXXXXXX, XXXXXXX X. 04/22/9L
XXXXXX, XXXXXXX X. 04/22/91
XXXXXXXX, XXXXXX X. 09/21/92
XXXXX, XXX X. 09/21/92
XXXXXXX, XXXXXX X. 09/21/92
XXXXXXXXX, XXXXXXX X. 09/21/92
XXXXXXXXX, XXXXXX X. 09/21/92
XXXXXX, XXXXX CL. 09/28/92
SYSMOSKO, XXXX 01/04/93
XXXXX, XXXX X. 05/10/93
XXXXXXXX, XXXXX 05/10/93
XXXXXX, XXXXXX 05/10/93
XXXXXX, XXXXXX X. 09/27/93
HERB, XXXXXX X. 09/27/93
XXXXX, XXXXXXX 09/27/93
XXXXXXX, XXXXXXX X. 10/04/93
XXXXX, XXXX X. 10/04/93
XXXXXX, XXXXXXX 08/25/97
00
XXXXXXXX X
0000 XXXXXX NEGOTIATION
In conjunction with the 1999 Wampum Plant negotiations, the parties agreed to
delete Appendix B, pages 54 through 57, of the Labor Agreement. The Company and
Union agree that the work schedules in Appendix B are the work schedules
currently in effect at the Wampum Plant. Further, the parties agree that he
Company may change these schedules or establish new schedules consistent with
the Labor Agreement. These pages will be filed for future reference.
Further, the parties agree to remove all appendixes, attachments and letters
contained in pages 58 through 91 of the existing Labor Agreement and file them
for reference purposes.
