AGREEMENT
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This Agreement, dated this 12 day of September 1993, by and between The
Imperial Electric Company, located in Cuyahoga Falls, Ohio (hereinafter referred
to as "Company" or "Employer") and the United Steelworkers of America AFL-CIO,
on behalf of Local Union 4544-3, or its successor (hereinafter referred to as
the "Union").
ARTICLE I
PURPOSE AND INTENT
Section 1.1 It is the intent and purpose of the parties to set forth
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hereafter the agreement covering rates of pay, hours of work, and conditions of
employment keeping in mind that only through mutual understanding and
cooperation on the part of both parties can the maximum benefits be attained
both for the employees and the Company under this Agreement.
Section 1.2 The Company agrees that supervisors will not perform work of
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the same nature as that of the employees they supervise except (1) for
instruction, (2) for experimental purposes, (3) in any effort in the elimination
of a work hazard or in the creation of a safe working condition; (4) in an
emergency; and, (5) when inadequate numbers of bargaining unit members respond
to offers to perform overtime work. The Company will instruct its supervisors to
that end.
ARTICLE II
RECOGNITION
Section 2.1 The Company recognizes the Union as the sole and exclusive
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bargaining agent acting for and on behalf of the Company's production and
maintenance employees employed by the employer at is 0000 Xxxxxxxx Xxxxx,
Xxxxxxxx Xxxxx, Xxxx facility, but, excluding all office, clerical, confidential
and professional employees as well as guards and supervisors as defined in the
National Labor Relations Act, ad amended, for the purpose of collective
bargaining with respect to hourly rates of pay, wages, hours of work and other
conditions of employment.
ARTICLE III
UNION MEMBERSHIP
Section 3.1 It shall be a condition of employment that all employees of
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the Company covered by this Agreement, who are members of the Union in good
standing on the effective date of this Agreement, shall remain members in good
standing, and those who are not members on the effective date of this Agreement
shall, on or after the thirtieth (30th) day following the effective date of this
Agreement, become and remain members in good standing in the Union. It shall
also be a condition of employment that all employees covered by this Agreement
and hired on or after its effective date shall, on or after the thirtieth (30th)
day following the beginning of such employment become and remain members in
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good standing of the Union by signing the authorized card for dues deduction.
Notwithstanding the foregoing obligations, employees shall not have recourse
to the grievance and arbitration procedure set forth in this agreement until
they complete their probationary period as specified in this Agreement.
ARTICLE IV
CHECKOFF
Section 4.1 The Company will check off monthly dues, assements and
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initiation fees each as designated by the International Treasurer of the Union,
as membership dues in the Union, on the basis of individuality signed voluntary
checkoff authorization cards.
Section 4.2 Deductions shall commence with respect to dues for the month
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in which the Company receives such authorization card or in which such card
becomes effective, whichever is later. Dues for a given month shall be deducted
from each pay weekly calculated in the succeeding month.
Section 4.3 In cases of earnings insufficient to cover deductions of
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dues, the dues shall be deducted from the next pay in which there are sufficient
earnings, or a double deduction may be made from the first pay of the following
month, provided however, the accumulation of dues shall be limited to two (2)
months. Should it occur that an employee in any given month fails to work not
less than five regular
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work days, then no such deductions shall be made from any such employee for the
purpose of defraying monthly dues.
Section 4.4 All deductions shall be promptly remitted to the
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International Treasurer of the Union, to the address indicated by the
International Treasurer for the receipt of such.
Section 4.5 The Union shall indemnify and save the Company harmless
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against any and all claims, demands, suits or other forms of liability that
shall arise out of or by reasons of action taken or not taken by the Company for
the purpose of complying with any of the provisions of this Article.
ARTICLE V
NON-DISCRIMINATION
Section 5.1 It is the continuing policy of the Company and the Union
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that the provisions of this Agreement shall be applied to all employees without
regard to race, color, religion, national origin, sex, age or disability. The
representative of the Union and the Company, in all steps of the Grievance
procedure and in all dealings between the parties shall comply with this
provision.
ARTICLE VI
MANAGEMENT'S RIGHTS CLAUSE
Section 6.1 Except to the extent expressly abridged by a specific
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provision of this Agreement, the Company reserves and retains exclusively all of
its rights to
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manage the business, as such rights existed prior to the execution of this
Agreement with the Union unless such rights are abridged by a specific provision
of the Agreement.
Without limiting the generality of the foregoing, the sole and
exclusive rights of management include, but are not limited to, the right to
establish rules and regulations governing the conduct of employees; the right to
plan, direct, and control operations and the methods, processes, and materials
to be employed; the right to direct, employ, schedule, and transfer employees;
to discipline and discharge employees for just cause; to relieve employees from
duties because of lack of work or for other legitimate reasons; to close, lease,
or sell its plant or any part of its operations.
ARTICLE VII
RESPONSIBILITIES OF THE PARTIES
Section 7.1 Each of the parties hereto acknowledges the rights and
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responsibilities of the other party and agrees to discharge its responsibilities
under this Agreement.
Section 7.2 The Union (its officers and representatives, at all levels)
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and all employees are bound to observe the provisions of this Agreement.
Section 7.3 The Company (its officers and representatives, at all
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levels) are bound to observe the provisions of this Agreement.
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Section 7.4 (Strikes and Lockouts) During the life of the Agreement, the
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Union will not cause or permit the employees covered hereunder to cause, nor
will any employee take part in, any sit-down, stay-in, slow-down, sympathetic
strike, or any other curtailment of work or unauthorized work stoppage at the
Cuyahoga Falls plant.
The International Union or the Local shall not be held financially
liable for any such unauthorized acts provided that upon receipt of notice from
the Company of the occurrence of any unauthorized acts, the Union shall
immediately and officially notify employees involved to terminate such
unauthorized acts and promptly take the following actions:
(a) The International Union by telegram to the Local Union officers
shall state that such unauthorized acts are not directed or
authorized by the Union and are in violation of this Agreement.
(b) Endeavor to induce employees to cease such unauthorized acts.
(c) The Local Union officers and stewards shall, by example, continue
to work and endeavor to induce all other employees to do so. The
Union has the exclusive right to discipline its officers and
representatives. The Company has its
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exclusive right to discipline its officers and representatives.
The Company agrees that there shall be no lockout of any kind during the
term of this Agreement.
Any employee engaging in or assisting such action shall be subject to
disciplinary action up to and including termination.
ARTICLE VIII
GRIEVANCE PROCEDURE
Section 8.1 (A) Should differences arise between the Company and the
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Union or any employee in the bargaining unit as to the meaning or application of
any provision of this Agreement, or should a grievance pertaining to hours,
individual wage rates, job classification or working conditions arise during the
terms of this contract, negotiations for settlement thereof shall be conducted
in the following manner:
(B) In order to provide a clarification of disputes and routine handling
of same, those disputes pertaining to broad policy matters or issues involving
the Union as a whole may be started at Step 3 of the Grievance Procedure between
the Company and the Union. Any grievance which would affect relief of specific
employees shall be handled in the usual procedure, commencing with Step 1.
Step 1. The aggrieved employee shall make a reasonable attempt within
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five (5) working days of the event
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which gives rise to the dispute to adjust the difference with his Xxxxxxx and,
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if he desires, he may have his Union Committeeman present and the Xxxxxxx may
have another Company representative present with him if he desires.
Step 2. If the complaint is not satisfactorily adjusted, the aggrieved
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employee shall then submit the case in writing within five (5) days to the
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Grievance Committee of the Union, and the Committee shall then attempt to settle
the grievance with the Xxxxxxx and the Plant Superintendent in a meeting within
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ten (10) days, in which case the Company will give the Committee a written
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answer within three (3) working days after final meeting in this Step.
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Step 3. If no settlement is reached with the Plant Superintendent and
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the Grievance Committee, a representative of the United Steelworkers of America
and the Grievance Committee, the Local Union Unit Chairman and, if necessary the
Grievant and witnesses will meet with the President of the Company and/or his
designated representatives within ten (10) days of the Company's Step 2 written
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answer. However, the Grievant and witness shall not have the right to be
present at the Executive Sessions of the Committee for the purpose of
making its decision. The Company will issue its final written answer to the
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Grievance no later than ten (10) days after the meeting between the Company and
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Union Committees.
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Step 4. In the foregoing process, the parties, by mutual agreement, may
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consent to hold the grievance for further consideration for a period of not to
exceed ten (10) calendar days, but in the absence of such an agreement in
writing, the grievance must be appealed within ten (10) calendar days from the
answer given in Step 3 to arbitration or the grievance is automatically ended.
The Company and the Union may thereafter request the Federal Mediation and
Conciliation Service to furnish a list of possible arbitrators. If the parties
are unable to agree upon an arbitrator or they refuse to act upon the selection
of an arbitrator, then either the Company or the Union may request the Federal
Mediation and Conciliation Service to appoint an arbitrator and his designation
shall be final and binding upon the Company and the Union and all persons
involved.
Section 8.2 The arbitrator shall adhere to this Agreement and apply it
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to the particular case presented to him, but he shall have no authority to add
to or subtract from, or modify the terms of this Agreement. His decision shall
be based only upon the terms and provisions of this Agreement and/or the
practices which the parties may have established under this Agreement. The
Company shall have the right to file grievances which shall be presented to the
Union Grievance Committee. All salaries and expenses of the arbitrator shall be
paid jointly by the Company and the Union.
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ARTICLE IX
DISCIPLINE AND DISCHARGE
Section 9.1 The basis for disciplinary action may be for violation of
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Company work rules and other commonly accepted work and safety rules not
specifically set out.
Section 9.2 The Company will apply progressive discipline for minor work
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rule infractions and other minor incidences of misconduct. The Company will
propose a list of examples of the kinds of infractions that will be subject to
the progressive discipline policy, and, a list of those that will result in
immediate discharge. Such lists will not be exhaustive of the Company's right to
administer discipline, or, of the Union's right to grieve over the discipline.
Some types of misconduct by employees that warrant discipline, include in
appropriate cases, immediate dismissal, are set forth in Appendix C. The Union,
however, reserves the right to grieve the legitimacy of the discipline imposed
for commission of any of these infractions.
Section 9.3 After a written warning has been in effect for twelve (12)
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months, the warning thereafter will not be relevant to any disciplinary action
under this Agreement.
Section 9.4 If any discharged employee believes he has been unjustly
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discharged, he may, within three (3) days or seventy-two (72) hours, submit the
case in writing to
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the Grievance Committee, and they shall proceed with the case in the same manner
as provided in the Grievance Procedure. If the employee's grievance is found to
be valid, he shall be reinstated under such terms and conditions as the parties
handling the case shall decide.
ARTICLE X
GRIEVANCE COMMITTEE
Section 10.1 The Union Grievance Committee shall consist of not more
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than three (3) members and the Local Union Unit Chairman or his representative.
All members of the Grievance Committee shall be employees of the Company and
shall be chosen by the Union.
Section 10.2 Any member of the Grievance Committee shall have the right
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to leave his job at reasonable times for the purpose of transacting the
legitimate business of the Grievance Committee, but must first receive
permission from his supervisor. Such permission will not be unreasonably denied.
Provided further, that time spent in the investigation of grievances shall not
be abused, and, in no event shall the aggregate time spent, by grievance
committee members, collectively, exceed fifteen hours per month.
Section 10.3 Any member of the Grievance Committee, who is off of his
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job with Company approval, to attend meetings with the Company on grievance
matters (except
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for attendance at arbitration hearings), shall be paid by the Company for all
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time lost.
ARTICLE XI
SENIORITY
Section 11.1 Seniority in the plant shall be applied on a plant-wide
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basis, as hereinafter specified.
Section 11.2 All new employees will be regarded as probationary
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employees until they have completed sixty (60) actual days of work, and will
have no seniority standing until they have completed this period of sixty (60)
days of work. There will be no responsibility for their re-employment if laid
off or discharged during this period. Any and all such employees may be
terminated without recourse to the -grievance and arbitration procedures during
this period of sixty (60) days of work. Provided further, that the probationary
period may be extended by mutual agreement for thirty (30) additional days.
Section 11.3 The seniority standing of an employee shall be determined
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by the length of his continuous service with the Company computed from the date
of his last hiring. No such standing shall be computed for or be applicable to
any employee until he has completed his probationary period and during such
period he shall be classified as a "probationary" employee. A revised copy of
the seniority list will be posted in the plant every six (6) months.
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Section 11.4 (Lay-offs and Recalls) During periods of curtailed
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production, employees shall be laid off in accordance with seniority and in
sufficient numbers, so as to provide forty (40) hours per week for remaining
employees; Probationary and Part-timers shall be laid-off before any full-time
employees.
Section ll.7 If an employee is disqualified from a classification
because of inability to perform the work due to medical reasons (a doctor's
statement to that effect required), such employee has the right to exercise his
plant-wide seniority and bump an employee with lessor seniority in a lessor or
equally rated classification
and, will receive the pay rate of the job into which he bumps.
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Section 11.8 Any employee to be laid off in a classification may bump
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into a job held by an employee with less seniority, provided that he possesses
relatively equivalent ability and qualifications to perform the work of that
position.
Section 11.9 The employee lowest in seniority in the classification into
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which a more senior employee bumps will be laid off.
Section 11.10 If the bumping employee qualifies for the job within a
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three (3) day trial period he will be retained for the new job, otherwise, he
will be laid off according to his seniority standing.
Section 11.11 If the employee is maximum rated on his old job and
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bumps into a higher rated job, he will his old rate and will advance
to maximum rate through the automatic progression schedule.
Section 11.12 An employee who has exercised his plant-wide seniority to
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bump to another classification will be recalled to his regular classification in
order of his seniority when production requirements necessitate.
Section 11.13 In the recall of those employees laid off, seniority shall
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govern assuming relatively equivalent ability and qualifications to perform the
work in question; no new employees will be hired so long as there are employees
on lay off who desire to return to work and possess the ability and relatively
equivalent qualifications to do
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so. No new employees will be hired and trained for positions provided that there
exists employees on lay off who have the ability to be trained and who desire to
return to work to fill the vacant positions. Provided further, that this
restriction on the hiring of new employees shall not apply to the position of
and f??? and ?est maintenance/master mechanic and the position of machinist set
up.
Section 11.14 (Job Posting) When new or vacancies occur in different
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classifications, or there is an opportunity for promotion or transfer to non-
supervisory jobs, the Company will give preference to employees on the basis of
plant-wide seniority, assuming ability and A relatively equivalent
qualifications. Notices of all permanent job vacancies or new jobs will be
identified and posted the same day in the plant for a period of twenty-four (24)
hours, exclusive of Saturdays, Sundays or holidays. Such notices will state the
classification, rate, and shift. Each bid will be in an employee's own writing
on a form furnished by the Company, will state the employee's qualifications for
the job, will be initialed by the supervisor and will be given to the supervisor
or placed in a bid box prior to the expiration of the posting period. Bids may
not be pulled once they have been placed in the bid box.
Section 11.15 After the successful bidder has established qualifications
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and/or experience, he shall be given the job for a trial period of up to three
(3) days
work to determine if he has a present ability and the necessary qualifications
to perform the work in question. Should the employee fail to perform the
required duties to the satisfaction of the Company during the trial period, or
in the event such employee elects to disqualify himself within the trial period,
a second posting of the job opening shall be required and, in the event there
are no successful applicants, the job may be filled at the discretion of the
Company. An employee disqualified from a job into which he has bid shall be
returned to the job which he last held.
Section 11.16 Should the Company fail to fill a job within one (1)
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month, it shall be reposted, if, in the Company's judgment there remains a need
to fill the posted position.
Section 11.17 An employee disqualified by the Company or who
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disqualifies himself after having been a successful bidder, is not eligible to
bid for the same job for one year.
Section 11.18 Successful bidders for posted jobs shall not be eligible
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to make application for another posted job for a period of twelve (12) months
subsequent to being awarded the new job; provided, however, that this limitation
shall not apply to an employee where the employee is unable to perform work on
the new job by reason of the Company's
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inability to provide work for the job, the elimination of the job, or in the
event of lay-off.
Section 11.19 An employee who disqualifies himself shall not be eligible
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to bid for t delve (12) months.
Section 11.20 Employees ineligible for posted jobs under any of the
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above provisions may make application; however, such applicants may be
considered if there are no eligible qualified bidders.
Section 11.21 If an employee qualifies and his rate is above the maximum
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rate of the new job, he will be reduced to the maximum rate of the new job.
Section 11.22 If he is maximum rated on his old job and bumps into a
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higher rated job, he will maintain his old rate and will advance to maximum rate
through automatic progression.
Section 11.23 At the end of the trial period the Union will be notified
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of the employee's status.
Section 11.24 An employee's seniority shall be terminated or lost if he:
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(a) quits;
(b) is discharged and the discharge is not reversed through the
grievance procedure;
(c) is absent for three (3) consecutive working days without notifying
the Company, except for good and sufficient cause; is a reason
that is satisfactory to company.
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(d) fails to return to work within three (3) working days after being
notified to report for work by certified mail, except for good and
sufficient cause;
(e) is off work due to lay off in excess of accumulated seniority up to
twenty-four (24) months, after which seniority is broken;
(f) fails to return from any leave of absence within three (3) working
days after the expiration of said leave, except for good and
sufficient cause; or
(g) is off work due to illness or disability, whether personal or
work-related, in excess of twenty-four (24) continuous months.
Section 11.25 (Transfer to Supervision) An employee transferred out of
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the bargaining unit will be allowed to return to the bargaining unit within six
(6) months from his effective date of transfer and retain all his seniority from
his date of hire. If he does not return to the bargaining unit within said six
(6) month period, he will lose all bargaining unit seniority.
Section 11.26 The above option to return to the bargaining unit may only
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be exercised once.
Section 11.27 An employee who elects part-time status shall carry with
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him all accumulated full-time seniority, and, shall thereafter accrue seniority
at one-half
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(1/2) the full-time rate. Part-time employees may use their accumulated
seniority against other part-time employees in all respects as defined in this
Article XI, but, in no circumstances may part-time employees, without regard to
seniority, apply their seniority to obtain a preference against full-time
employees.
ARTICLE XII
LEAVES OF ABSENCE
Section 12.1 At the discretion of the Company, an employee may be
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granted a leave of absence not to exceed three (3) months without loss of
seniority. Such leave must be requested in writing. Leaves of greater duration
or the extension of a leave granted by the Company, must be agreed to by Company
and Union.
Section 12.2 The Company shall grant leaves of absence without pay and
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without loss of seniority or benefits to employees for the purpose of attending
union conventions and conferences, seminars, etc. Such leaves will be limited to
two (2) employees and shall not exceed seven (7) days.
ARTICLE XIII
MILITARY SERVICES
Section 13.1 The Employer and the Union agree to abide by the provisions
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of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, at Title 38,
U.S.C. (S) 2021 et seq.
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ARTICLE XIV
HOURS OF WORK AND OVERTIME
Section 14.1 The normal work day shall be any regular scheduled
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consecutive twenty-fourth (24) hour period comprising eight (8) consecutive
hours of work exclusive of lunch period.
Section 14.2 Five (5) consecutive days, starting on Monday of each week,
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shall constitute a normal work week.
Section 14.3 The normal shift hours shall be:
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First Shift 8:00 a.m. to 4:30 p.m.
Second Shift 4:30 p.m. to 1:00 p.m.
Third Shift 1:00 a.m. to 6:00 a.m.
Section 14.4 Any change in the normal scheduled shift hours must
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first be negotiated with the Union.
Section 14.5 All work in excess of forty (40) hours in one work week
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shall be paid at the rate of one and one-half (1-1/2) times the employee's
straight time hourly rate.
Section 14.6 Overtime opportunities shall be distributed as equally as
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practical within the classification of which the overtime is to be worked;
employees outside the classification in which overtime is to be worked who are
capable of performing the work in the classification will be offered the
opportunity to work such overtime.
Section 14.7 Employees on the second and third shifts shall be paid a
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premium of fifteen cents ($.15).
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ARTICLE XV
TRANSFERS
Section 15.1 Any employee who is temporarily transferred to a lower
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rated job for the convenience of the Company shall continue to receive his
average hourly rate for his regular job.
Section 15.2 Any employee transferred from a lower rated job to a higher
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rated shall receive the higher rate of pay for time spent on the job in excess
of two (2) hours.
ARTICLE XVI
REPORTING AND CALLING IN PAY
Section 16.1 Unless having been notified not to report, any employee who
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reports to work in accordance with his work schedule and upon his arrival at the
plant finds no work available for which he was scheduled to perform, shall be
paid two (2) hours at his hourly rate. If the Company offers other employment
for that day it will be not less than eight (8) hours at the employee's regular
rate. This provision shall not apply where lack of work is due to an Act of God,
power failure, or other causes beyond the control of the Company.
Section 16.2 Employee's who have been called in for emergency work after
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having left the Company's property shall be provided a minimum of two (2) hours
work at the applicable pay rate. If the work for which the emergency
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call has been made requires less than two (2) hours to complete, the employee is
free to go home upon completion of the work and still receive his two (2) hours
of pay and night shift premium, if applicable.
ARTICLE XVII
VACATIONS
Section 17.1 Vacation eligibility shall be determined as of June 1 in
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any calendar year. Each employee who, as of June 1 in any calendar year, has six
(6) months but less than one (1) year service and has worked eight hundred (800)
hours, shall be eligible for twenty-four (24) hours vacation with pay. Each
employee who has completed, as of June 1 in any calendar year, one (1) year
service but less than two (2) years and has sixteen hundred (1600) hours shall
be eligible for forty (40) hours vacation with pay. Any employee who, as of June
1 in any calender year, has two (2) years service, but less than three (3) years
and has sixteen hundred (1600) hours worked shall be eligible for fifty-six (56)
hours vacation with pay. Any employee who, as of June 1 in a calender year, has
three years service but less than twelve years service and has worked sixteen
hundred (1600) hours shall be eligible for eighty (80) hours vacation with pay.
Any employee who, as of June 1 in a calender year, has twelve (12) years but
less than eighteen (18) years service and sixteen hundred (1600) hours worked
shall be eligible for one hundred twenty (120) hours vacation with
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pay. Any employee who, as of June 1 in a calender year, has eighteen (18) or
more years service and sixteen hundred (1600) hours worked, shall be eligible
for one hundred thirty-six (136) hours vacation with pay.
Section 17.2 To be eligible for full vacation pay, an employee must have
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worked at least sixteen hundred (1600) hours during the twelve (12) month period
immediately preceding June 1 of a calender year. Any employee who meets the
length of continuous service requirements but works less than sixteen hundred
(1600) hours during the twelve (12) month period immediately preceding June 1 in
a calender year shall be entitled to pro rata vacation pay calculated by
dividing the number of hours the Company has worked during the said twelve (12)
month period by sixteen hundred (1600) and multiplying the quotient by the
amount the employee would have received had he qualified for full vacation pay.
Section 17.3 Full vacation pay shall be computed on the basis of forty
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(40) hours at the employee's regular straight time hourly rate of pay, or, for
any one day, eight (8) hours at the employee's regular straight time hourly rate
of pay.
Section 17.4 Vacation pay shall be computed and paid by separate check
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at the time vacation is taken, if so requested by the employee at the time his
vacation is scheduled.
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Section 17.5 In determining whether an employee has worked sixteen
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hundred (1600) hours in a twelve (12) months period, holidays and paid vacations
shall be considered as hours worked.
Section 17.6 All employees shall be required to take not less than one
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(1) week of the vacation which he or she is eligible. Those employees entitled
to vacation in excess of one week may elect to be paid for such vacation rather
than actually take it.
Section 17.7 An employee whose vacation period includes a holiday or
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holidays, shall have the right to add one (1) day for each holiday to his
vacation period, exclusive of Saturday or Sunday, either immediately before or
immediately following his vacation period provided he so elects in advance of
taking his vacation.
Section 17.8 The Company reserves the right to schedule, upon reasonable
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notice, a one (1) week plant shutdown. Employees with one (1) or less weeks
vacation shall be required to take one week of their vacation at that time. The
second week of vacation may be scheduled at the option of the employee, upon 30-
day notice to the Company. Any employee whose eligible vacation time is not
exhausted by the plant shut down may elect to take any remaining vacation one
day at a time, provided sufficient notice in advance is given to the Company.
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Section 17.9 Part time employees who have worked eight hundred (800)
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hours immediately preceding June 1 of any calender year, are eligible for up to
twenty-four (24) hours vacation with pay, determined by dividing their total
hours of work by forty-eight (48).
ARTICLE XVIII
HOLIDAYS
Section 18.1 All full time bargaining unit employees who have completed
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their probationary period shall be entitled to holiday pay for the following
recognized holidays: New Years Day, Good Friday, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and, two
(2) other floating days to be designated by the Company with sufficient advance
notification to employees.
Section 18.2 If any of the designated holidays should occur on Saturday
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or Sunday, the same will be observed on Monday or Friday. The Company agrees to
give at least seven (7) days advance notice of the day on which the holiday will
be celebrated.
Section 18.3 To qualify for holiday pay an employee must have completed
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his probationary period and have worked his last scheduled day immediately
before and immediately following the holiday. The exceptions under which an
employee will be considered to have completed his schedule will be as follows:
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(a) if he is excused from work on the day before and/or the day after
the holiday for any reason by the Company.
(b) if the employee is on vacation.
(c) if an employee is absent on funeral leave or jury duty.
Section 18.4 Each eligible employee will receive eight (8) hours pay at
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the employee's regular straight time rate of pay for each holiday.
Section 18.5 Hours paid for but not worked on holiday will not be
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considered hours worked for computation of weekly overtime.
ARTICLE XIX
FUNERAL PAY
Section 19.1 Any employee suffering a loss by death of a member of his
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or her immediate family shall be allowed up to three (3) days off, with pay, at
the regular straight time hourly rate, not to exceed eight (8) hours per day,
for the purpose of making funeral arrangement and attending the funeral. For the
purpose of this section, immediate family shall be defined as follows: Father,
Mother, Spouse, Child, Father-in-Law, Mother-in-law, Brother, Sister,
Grandchildren, Grandparents, Brother-in-Law, Sister-in-Law, Stepmother,
Stepfather, Stepchildren and Xxxxxx Children. The Company may require proof of
death before paying funeral pay.
26
Section 19.2 A death in an employee's immediate family as defined above,
occurring during the employee's vacation, shall extend his vacation period for
additional three (3) days with pay.
ARTICLE XX
JURY SERVICE
Section 20.1 An employee who is called for jury service shall be excused
------------
from work on days on which he serves which includes required reporting for jury
duty when summoned, whether or not he is used as a juror) and he shall receive,
for each such day of jury service on which he would otherwise have worked, (plus
any holiday in such period which he would not have worked), eight (8) times his
straight-time hourly earnings. The employee shall be required to present proof
of jury service, and to tender to the Company, any amounts received as
compensation for serving as a juror.
ARTICLE XXI
SAFETY AND HEALTH
Section 21.1 The Company recognizes its obligation to provide to each
------------
employee a safe place to work pursuant to the rules and regulations of the
Occupational Safety and Health Act. The Company and the Union and all employees
shall cooperate in the enforcement of all reasonable rules and practices to
insure safe and sanitary working conditions. The Company agrees to provide, at
27
Company expense, all required personal protective equipment to insure safety and
health.
Section 21.2 There shall be established a Safety and Health committee
------------
consisting of a Company representative and two employee representatives which
shall meet monthly, on the third Thursday of each month, to discuss issues
concerning safety and health.
ARTICLE XXII
MISCELLANEOUS
Section 22.1 (Union Bulletin boards) The Company agrees to furnish one
------------
(1) glass covered bulletin board to be used exclusively by the Union for the
posting of appropriate information relating to Union business and, matters which
specifically relate to information which involves and concerns Union members.
Where appropriate, notices must be approved by the plant manager or his
designated representative before being posted.
Section 22.2 (Supplemental Agreements) The parties may, where
------------
appropriate, and upon mutual agreement, reopen the contract to discuss specific
issues which arise during the life of the Agreement. Any mutual decision to do
so must have approval of an international officers of the Union and appropriate
representatives of the Company.
Section 22.3 (Compliance with State and Federal Law) Any provisions of
------------
this Agreement, or any particular application thereof, which may at any time be
in conflict
28
with any compulsory State or Federal laws or valid orders issued pursuant
thereto, shall be and are hereby modified to conform to such law or order but
only during the period such law or orders are in force and effect.
Section 22.4 (Copies of the Contract) Company agrees to provide copies
------------
of the collective bargaining agreement to each member of the bargaining unit
and, agrees to provide appropriate numbers to the Union.
ARTICLE XXIII
HEALTH AND WELFARE
Section 23.1 The Company agrees to continue to defray the cost of the
------------
current medical insurance plan during the life of this Agreement and to retain
such plan or its substantial equivalent, during the term of this Agreement.
ARTICLE XXIV
DURATION
This Agreement shall become effective as of the date of the ratification
hereof and shall remain in effect until September 12, 1996, and shall continue
in effect from year to year thereafter unless either party serves upon the other
at least sixty (60) days prior to September 12, 1996, or any annual anniversary
date thereafter, notice of its desire to terminate or amend this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their names to be
subscribed by their duly authorized
29
officers and representatives this day of ,
------- ----------------------------
1993.
IMPERIAL ELECTRIC COMPANY UNITED STEELWORKERS OF AMERICA
By: By:
----------------------- ---------------------------
By: By:
----------------------- ---------------------------
By:
---------------------------
By:
---------------------------
By:
---------------------------
By:
---------------------------
By:
---------------------------
By:
---------------------------
By:
---------------------------
30
APPENDIX A
----------
Job Title Labor Grade
--------- -----------
Maintenance/Master Mechanic 10
Machinist and Set Up 8
Fuse and Test 8
Motor Assembly 7
Varnish 7
Tester 7
Winder 7
Fluidizer 7
Commutator Bracket Assembler (A) 7
Commutator Bracket Assembler (B) 5
Connector 6
Balancer 6
Stator Frame Assembler 6
Machine Operator 5
Welder 5
Brush Board Assembler 5
Armature Process 5
Painter 5
Coiler 4
Armature Core Assembler 4
APPENDIX B
----------
MAXIMUM HOURLY WAGE RATES
BY LABOR GRADE
Ratification Year 1 Year 2
------------ ------ ------
LABOR GRADE
Current
Maximum +.40 +.35 +.30
------- ----- ----- -----
10 12.90 13.30 13.65 13.95
8 8.65 9.05 9.40 9.70
7 8.05 8.45 8.80 9.10
6 7.80 8.20 8.55 8.85
5 6.90 7.30 7.65 7.95
4 6.25 6.65 7.00 7.30
3 5.00 5.40 5.75 6.05
The above wage rates apply to those employees who are at the top rate within the
labor grades reflected. Employees not top-rated on the first and second
anniversary of the contract, will not receive the increases specified above.
Such employees will remain within the progression schedule and receive the
increases reflected below until they are at the top rate for their labor grade.
6 months from ratification (Sept. 12, 1993) .35
12 months from ratification .30
18 months from ratification .30
24 months from ratification .30
30 months from ratification .30
36 months from ratification .30
32
APPENDIX C
----------
The Company has certain rules and regulations relating to discipline
which are subject to change from time to time. Employees will be subject to
disciplinary action, which includes discharge in proper cases, for any of the
following conduct:
1. Stealing.
2. Willful destruction of property.
3. Fighting and/or attempting bodily and mental injury to another
employee on Company property.
4. Use of threatening or abusive language toward a fellow employee in a
manner which might reasonably be expected to provoke a disturbance.
5. Engaging in horseplay or disorderly or immoral conduct on Company
property.
6. Failure to ring in and out on time card, or punching another
employee's time card.
7. Coming to work under the influences of alcohol or of any drugs, or
bringing alcoholic beverages or drugs into the Plant.
8. Intentionally giving false or misleading information in applying for
employment as a result of which applicant received employment.
9. Frequent tardiness or absence from work without permission.
33
10. Any employee who is absent from work for any reason must notify the
factory office promptly. All calls must be made between 8:00 a.m.
and 4:30 p.m., Monday thru Friday.
11. Repeated negligence resulting in excessive scrap or inferior work,
or in breakage of tools, or wasting materials.
12. Deliberate abuse of tools, equipment or wasting of materials.
13. Leaving employee's regular working place or leaving the department
during working hours without authorization.
14. Violation of safety or health rules.
15. Disobedience and insubordination.
16. Tampering with bulletins posted in the Plant.
17. Leaving the Plant other than at regular quitting time without
authorization.
34
LABOR GRADES
CLASSIFICATIONS LISTED IN LABOR GRADES
#10 MAINTENANCE/MASTER MECHANIC
# 8 MACHINEST & SETUP, FUSE & TEST
# 7 FLUIDIZER, COMMBRACKET ASSEMBLY "A", WINDER, VARNISH,
MOTOR ASSEMBLY, FINAL TEST.
# 6 CONNECTORS, STATER FRAME ASSEMBLY, BALANCE
# 5 MACHINE OPERATOR, COMMBRACKET ASSEMBLY "B", WELDER,
PAINTER,BRUSH BOARD ASSEMBLY, ARMATURE PROCESSOR
# 4 COILER, ARMATURE CORE ASSEMBLY
# 3 UTILITY & HIRE RATE
0xx XX. 0xx XX. 0xx XX.
MIN. MAX.
---- ----
#10 $13.30 $13.65 $13.95
# 8 $8.60 - 9.05 $ 8.95 - 9.40 $9.25 - 9.70
# 7 7.00 - 8.45 7.35 - 8.80 7.65 - 9.10
# 6 6.00 - 8.20 6.35 - 8.55 6.65 - 8.85
# 5 5.70 - 7.30 6.05 - 7.65 6.35 - 7.95
# 4 5.70 - 6.65 6.05 - 7.00 6.35 - 7.30
# 3 5.40 - 6.40 5.75 - 6.75 6.05 - 7.05
[LOGO] IMPERIAL
--------------------------------------------------------------------------------
ELECTRIC
DATE: 2/2/95
TO: XXXXX XXXXXX
FROM: XXXXXX AUGUST
SUBJECT: GRIEVANCE OF 2/1/95
PAGE 1 OF 3 PAGES *INCLUDING THIS COVER SHEET!!!!!!!
___ ___
FILL OUT IN TRIPLICATE
GRIEVANCE REPORT
XXXX Xxxxx Xxxxx Xx. 0000-0 Grievance NO.
-------- ------------------------
Location Imperial Electric Date 2-1-95
------------------------------------------ --------------
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================================================================================
EMPLOYEE'S NAME IDENTIFICATION NO. DEPARTMENT JOB TITLE
=====================================================================
Use space below to write in other important Grievance information
This Grievance is filed on behalf of the United Steelworkers of America AFL-C10
--------------------------------------------------------------------------------
Local Union 4544-3
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================================================================================
Nature of Grievance
The use of Temporaries, when the management was told not to by the grievance
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comm and the Local Union 4544-3 moving full-time employees from there jobs and
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putting temporaries in these jobs
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Settlement requested in Grievance
-----------------------------------------------
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Agreement Violation
-------------------------------------------------------------
--------------------------------------------------------------------------------
Signature of Aggrieved: Signature of Union Representative:
/s/ /s/
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/s/
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GRIEVANCE CASE NO.
--------------------
Answer of Company Representative Date 2/2/95
----------------------------------------
There is not and has not been a violation of the agreement. This grievance has
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no merit and is denied.
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Answer of Company next step Date
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Answer of Company next step Date
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Answer of Company next step Date
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Union Comments:
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/s/
-----------------------------------
Signature of Union Xxxxxxxxxxxxxx
XXXXX # XXXXX # XXXXX #
000 X. XXXXXXXX 030 059
002 031 060
003 X. XXXXXX 032 061
004 033 062 X. XXXXXXX
005 X. XXXXXXX 034 M. BILLIE 063 X. XXXXXXX 2/8/93
006 035 064
007 036 065 XXXX XXXXXX
008 037 X. XXXXXXX 066 X. XXXXXXXXX
009 038 067 X. XXXXXX 1/11/9
010 039 X. XXXXXXX 068 X. XXXXXX
011 040 X. XXXXXXX 069
012 X. XXXXXX 041 X. XXXXXX 070
013 042 X. XXXXXXXXX 071 X. XXXXX
014 043 072 X. XXXXXX
015 044 X. XXXXX 073 12/2/9
016 X. X'XXXXXXX 045 074 11/30
017 046 X. XXXX 075
018 047 X. XXXXXX 076 X. XXXXXX
019 048 077
020 049 078
021 X. XXXXX 050 079
022 051 080 X. XXXXX 10/12
023 X. XXXXXX 052 X. XXXXXXX 081 X. XXXXXXXX
024 053 X. XXXXXXXX 082
025 X. XXXXXX 054 083
026 055 084
027 X. XXXXXXX 056 085
028 X. XXXXXX 057 086 D. AUGUST
029 058 087
XXXXX # XXXXX #
00 X. XXXXX 116
89 X. XXXXXX 9/16 117
90 118
91 119
92 120 XXXXX XXXXXXXXX 2/15/93
93 121
94 X. XXXXXXX 122 G. PRLC
95 123
96 124
97 125 5/18/84 XXXXXX XXXXXXXXXXXXX
98 126 6/13 XXXXXX XXXX
99 127
100 X. XXXXXXX 128
101 X. XXXXXX 129
102 D. ORNOUSKY 130
103 131 XXXXXX XXXXXXX
104 132
105 133 XXXXX XXXXXX
106 134
107 135
108 136
109 137
110 138
111 139
112 140 XX XXXXX 1/16/95
113 141 XXXX XXXXXX 1/16/95
114 142 XXXXXXX XXXXX
115 143
