EXHIBIT 10.13
AGREEMENT
between the
XXXXXX CORPORATION
and
LOCAL UNION NO. 177
International Union Of Electronic, Electrical, Salaried
Machine and Furniture Workers, AFL-CIO
at and for the
COMPANY'S PLANT
MOUNTAINTOP, PENNSYLVANIA
December 1, 1998
to and including
December 1, 2001
AGREEMENT
The Company and the Union recognize that harmonious and constructive contractual
relations are mutually beneficial and both are desirous of maintaining such
relations.
ARTICLE I
PARTIES
Paragraph 1.01, PARTIES: Agreement entered into this 1st day of December, 1998,
between the Xxxxxx Corporation, hereafter referred to as "the Company" and Local
Union No. 177 International Union Of Electronic, Electrical, Salaried, Machine
And Furniture Workers, AFL-CIO, hereafter referred to as "the Union," with
respect to the Bargaining Unit composed of production and maintenance employees
at the Company's plant in Mountaintop, Pennsylvania.
ARTICLE II
PURPOSE OF AGREEMENT
Paragraph 2.01, PURPOSE: The purpose of and consideration for this Agreement is
to provide orderly collective bargaining relations between the Company and the
Union, to secure prompt and equitable disposition of grievances, and to
establish fair wages, hours, and working conditions for the employees covered by
this Agreement.
ARTICLE III
RECOGNITION OF RIGHTS
Paragraph 3.01, BARGAINING UNIT RECOGNITION: The Company recognizes the Union as
the sole collective bargaining representative with respect to rates of pay,
wages, hours, and other conditions of employment for the Bargaining Unit which
consists of all hourly-paid Production and Maintenance employees at the
Mountaintop, Pennsylvania, Plant of the Company, located in Luzerne County,
Pennsylvania, exclusive of all cafeteria employees, all executive,
administrative, clerical and office employees, all salaried technical and
professional employees, all guards, all employees represented by other unions
having agreements with the Company, and all supervisors as defined in
Section 2(11) of the National Labor Relations Act, as amended.
Paragraph 3.02, UNION SHOP: All employees in the Bargaining Unit covered by this
Agreement shall, as a condition of employment, on the 30th day following the
date of this Agreement, or on the 30th day following the date of their hiring,
whichever is the later, become and remain members of Local #177, International
Union Of Electronic, Electrical, Salaried, Machine And Furniture Workers,
AFL-CIO, in good standing.
The Company shall, without interference from the Union, select and hire its
employees, subject to the terms and conditions of this Agreement.
Paragraph 3.03, CHECK-OFF: Upon receipt of an employee's written authorization,
which shall not be irrevocable for more than one (1) year, or beyond the
termination date of this Agreement, whichever occurs sooner, the Company shall
deduct the appropriate union dues from such employee's wages each payday and
remit the same weekly to the duly authorized representative of the Union.
Paragraph 3.04, AGREEMENT AGAINST STRIKE, LOCKOUT, ETCETERAS: The Parties
mutually agree that there shall be no strike, work stoppage, slowdown, sit-down,
or picketing by the Union or its representatives or lockout on the part of the
Company, unless and until all Steps of the Grievance Procedure including
Arbitration, shall have been employed and one of the Parties hereto fails or
refuses to comply promptly with any final decision made against such Party
thereunder.
If a strike should occur, management, supervisory and clerical employees,
watchmen, guards, firemen, and other plant protection and maintenance employees
shall be permitted to perform their respective functions without interference by
the Union or its members on the basis of a plan mutually agreed upon for such
purpose by the Company and the Union. It is understood, however, that the
Company will not discriminate against any employees who, under this plan, may
refuse to enter the struck plant.
In consideration of this Agreement, the Union agrees not to xxx the Company, its
officers or representatives, and the Company agrees not to xxx the Union, its
officers, agents or members, for any labor matters, in any court of law or
equity, and neither party will institute any proceedings before any Government
administrative board or agency for any act or omission of the other party or its
agents or representatives which occurs during the life of this Agreement.
Paragraph 3.05, RECOGNITION OF RIGHTS AND FUNCTIONS OF MANAGEMENT:
Subject only to the express provisions of this Agreement, the Union agrees that
supervision, management and control of the Company's business, operations and
plants are exclusively the function of the Company and that the Company has the
right to make such reasonable rules and regulations as it considers necessary or
advisable for the orderly and efficient conduct of its business.
Paragraph 3.06, PROVISION AGAINST DISCRIMINATION, INTIMIDATION OR
COERCION: There shall be no discrimination, intimidation or coercion by either
Company or Union against any employee or prospective employee because of race,
color, creed, sex, national origin, handicap, veteran's status or because of
union activity or membership.
Paragraph 3.07, EFFECT OF LAW: In the event that now or hereafter there is any
state, local government, or federal law or any directive, order, rule or
regulation made pursuant thereto, which is mandatory and in conflict with any
provision or provisions of any agreement between the parties, the same shall
supersede such provision or provisions, and thereafter shall govern and control
the relations and conduct of the parties so long as such law, directive, order,
rule or regulation shall remain in force and effect. In the event that this or
any other agreements existing between the parties hereto, now or hereafter
require approval of any government authority before becoming effective, the same
will and shall be subject to such approval. Nothing in this Agreement shall
preclude the company from taking actions it reasonably believes are necessary to
comply with its obligations under the Americans With Disabilities Act, including
but not limited to providing reasonable accommodation to applicants and
employees with a disability, and maintaining the confidentiality of medical
information.
ARTICLE IV
GENERAL WAGE PROVISIONS
Paragraph 4.01, WAGES:
1. All employees covered by this Agreement shall be granted a general increase
to be effective December 6, 1999, equal to four percent (4%) of the
applicable straight time hourly wage rate. A second general increase will
be granted on December 4, 2000, equal to four percent (4%) of the
applicable straight time hourly wage rate. A third general increase will be
granted on December 3, 2001, equal to four percent (4%) of the applicable
straight time hourly wage rate. Additionally, there will be a lump sum
payment of $250 also effective December 3, 2001. The general increases
shall be incorporated into the Wage Rate Schedules attached to and made
part of this Agreement.
2. A special lump sum payment in the amount of $1,100.00 will be made
effective December 3, 1998. The full lump sum amount will be distributed to
all eligible, full-time employees on the active payroll as of November 1,
1998. Regular employees not on active payroll by reason of layoff or
approved leave of absence will receive the full lump sum payment provided
they return to active payroll with unbroken continuous service credit on or
before June 30, 1999. The above-mentioned employees who do not return to
active payroll prior to June 30, 1999, but do return prior to December 1,
1999, will receive a lump sum payment of $550.
3. In addition to the above-mentioned wage adjustments and bonus payments,
Local #177 active members will participate in the Xxxxxx Semiconductor
Sector Variable Pay Plan under the terms and conditions of that Plan. The
Plan will be communicated in advance prior to the start of each fiscal year
(the fiscal year runs from July 1 through June 30). Payments, if any, will
be made no later than July 31 of each plan year. Should the Company
unilaterally eliminate the Xxxxxx Semiconductor Variable Pay Plan at any
time prior to July 1, 2001, Local #177 active employees will receive a 2%
lump sum payment before July 31 of the year the payment was to occur. This
is in lieu of a variable payment for each affected year until the end of
this Agreement.
Xxxxxxxxx 0.00, XXXX POLICY: The Company, under as favorable hours and working
conditions as prevail in manufacturing establishments, will maintain the policy
of paying as high wages as are paid to employees engaged in similar classes of
work in the Mountaintop area.
Paragraph 4.03, HOURLY WAGE RATE SCHEDULE: The wage rates for employees covered
by this Agreement shall be those set forth in the Wage Rate Schedules attached
hereto and made a part hereof as they become effective in accordance with
Paragraph 4.01 of the Agreement. The Company shall supply the Union with copies
of Hourly Wage Rate Schedules.
Paragraph 4.04, HOURLY WAGE RATES FOR NEW EMPLOYEES: Employees hired on or after
the settlement date into occupational classifications that are not in Labor
Grades 9 through 13 will be paid the percentages shown below of the minimum or
start rate of the applicable labor grade in accordance with the following
schedule:
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From But Less Than Percentage
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Hire Date 6 Months 80%
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6 Months 12 Months 85%
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12 Months 18 Months 90%
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18 Months 24 Months 95%
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24 Months 100%
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After twenty-four (24) months, such employees will receive further increases to
the maximum wage rate in accordance with the labor grade progression schedules
of the applicable Wage Rate Schedule. The minimum or start rate of the
applicable labor grade shall be that in effect on the settlement date and shall
not be increased during the term of this Agreement.
Paragraph 4.05, RULES FOR NEW EMPLOYEES WITH PRIOR EXPERIENCE: New employees who
prove their prior experience to the Company in the assigned occupational
classifications when employed, will be paid a wage rate within the established
rate range of the occupation in accordance with the provisions of Article 4,
Paragraph 4.04.
Xxxxxxxxx 0.00, XXXX RATES AND NEW OCCUPATIONAL CLASSIFICATIONS: In the event
that the Company desires to make any new occupational classifications, the
hourly rates applicable thereto shall be determined by negotiations between the
Company and the Union, and the Company will supply the Union with the
occupational classification number, the definitions thereof, and the agreed
hourly wage rates for such new occupational classifications.
Paragraph 4.07, GUARANTEE FOR HOURS WORKED: The hourly rate of each individual
employee is guaranteed for hours worked unless a change is made in the
individual employee's hourly rate or occupational classification. If changed,
the new hourly rate is guaranteed for hours worked after any such change becomes
effective.
Xxxxxxxxx 0.00, XXXX DIFFERENTIAL FOR SECOND AND THIRD SHIFT WORKERS: An
employee who is scheduled by the Company to work on an established night shift
shall be paid a night shift differential of 10% of his/her hourly earnings for
time worked by him/her on such shift, provided, however, that if a day shift
employee works overtime into the hours covered by an established night shift,
he/she shall not be entitled to night shift differential pay.
Paragraph 4.09, SHOW-UP AND CALL-IN PAY: An employee (a) reporting for work in
the absence of notice not to report, or (b) an employee reporting for work who
has been called in for an emergency, shall be guaranteed a minimum of four (4)
hours base rate pay or hourly wage rate. An employee (c) who works more than
four (4) hours of his/her established shift in the absence of notice not to work
shall be guaranteed the base rate pay for the regularly scheduled number of
hours in his/her established shift, or eight (8) hours, whichever is lesser,
provided, however, this paragraph shall not apply to employees under (a) and (c)
above where fire, flood, explosion, bombing or earthquake cause damage in the
plant which makes it impossible to resume work in the section in which such
employee works.
Paragraph 4.10, RULES FOR CHANGE OF OCCUPATIONAL CLASSIFICATIONS: An employee
subject to layoff due to lack of work who exercises his/her seniority privileges
in accordance with the provisions of this Agreement and is thereby reclassified
to a lower rated occupational classification will receive the top hourly wage
rate of the lower rated occupational classification or his/her present
occupational classification or his/her present hourly wage rate, whichever is
lower. When an employee is temporarily assigned to a lower rated occupational
classification on the request of the Company and there is work available in
his/her regular occupational classification, such employee shall continue to
receive the same hourly wage rate that he/she would have received had he/she
continued on his/her regular occupational classification. Such temporary
assignment shall not exceed fifteen (15) working days and shall not be used to
avoid the recall procedure.
In the event of an upgrading to a higher rated occupational classification, the
employee shall receive his/her present hourly wage rate or the minimum hourly
wage rate for the occupational classification, whichever is higher. If the
present hourly wage rate of such employee is equal to or higher than the minimum
hourly wage rate for that occupational classification, his/her present hourly
wage will be increased to the next higher, intermediate rate step of that
occupation.
Paragraph 4.11, MAINTENANCE OF PRODUCTION STANDARDS: The Union agrees to
cooperate with the Company to the fullest extent in the attainment, maintenance
and improvement of production rates based on production standards established by
the Company by such means as Time Studies, Motion Studies, or other methods of
determining operator output on the basis of fairness and equity consistent with
quality and reasonable working capacity of normal experienced operators. During
periods when new methods or new operations are introduced, the Union agrees to
cooperate with the Company in the maintenance and enforcement of the established
retraining schedule for employees assigned to such work.
Paragraph 4.12, QUALITY STANDARDS: The Union agrees to cooperate with the
Company in the maintenance of high quality standards. This cooperative effort
encompasses the Total Quality Management concepts, work team development and
training, and the empowerment of Company employees. Both the Union and the
Company agree to promote Employee Involvement Programs during the term of this
Agreement, including the use of recognition systems for work teams and/or team
member(s). Both parties recognize the potential benefits which said programs may
have on the workplace and for the employees of Xxxxxx Mountaintop. Therefore,
all employees are expected to participate in these efforts and the team concept.
ARTICLE V
HOURS
Paragraph 5.01, NORMAL WORK WEEK: The "Normal work week" for all employees
covered by this agreement shall be forty (40) hours, Monday through Friday, not
to exceed eight (8) hours in any one day of twenty-four (24) hours; except such
employees as are engaged in continuous operations or on any night shifts
terminating on Saturday or holiday mornings or beginning on Sunday night, whose
normal work week shall be five (5) consecutive days, not to exceed eight (8)
hours in any one day of twenty-four (24) hours, and employees who are assigned
to a compressed work week as described in Paragraph 5.02.
Paragraph 5.02, COMPRESSED WORK WEEK:
a. The compressed work week will consist of three (3) or four (4) day work
shifts.
b. Payment for daily hours worked will be as follows: The first eight (8)
hours will be paid at straight time; the next three (3) hours will be paid
at time and one-half; and double time beyond that time.
c. Overtime payment for work on scheduled days off will be paid as follows for
the compressed work week schedule: Either of the first two days off which
are worked will be paid at time and one-half up to 11 hours and double time
beyond that time. Work performed on either the third or fourth scheduled
day(s) off will be paid at double time for all hours worked, provided the
employee has worked one (1) time and one-half day which may be either the
first, second or third scheduled day off. Otherwise, they will be paid in
accordance with the rate established for the first two days off.
d. Worked performed on holidays will be paid in accordance with practice as
established in Paragraph 14.02 of this Agreement.
e. Payment for holiday, bereavement, military differential, jury duty and
witness, and sick days will be paid at the normally scheduled Compressed
Work Week shift hours at straight time.
f. Vacations will be scheduled for plant shutdown or by individual days or
weeks off. Five (5) days of vacation for each eligible week will be allowed
when vacations of less than three (3) or four (4) consecutive work days are
taken. A vacation of three (3) or four (4) consecutive work days will equal
one (1) full week. Scheduled days off which fall during a vacation period
will not be counted as vacation days.
g. Consistent with current practices, employees working such compressed work
week shifts will be entitled to the same life insurance, temporary
disability insurance or long term disability insurance benefits as
employees working eight (8) hour shifts.
h. A compressed work week is defined as an AM crew or a PM crew.
i. Unless otherwise mutually agreed, items relating to the compressed work
week not enumerated herein will be resolved by application of current
practice.
j. Employees assigned to the compressed work week will celebrate holidays as
follows:
Normal production will not be scheduled the following days:
- New Year's Day
- Easter Sunday (Not a paid day)
- Memorial Day
- Fourth Of July
- Labor Day
- Thanksgiving Day
- Christmas Day
The following holidays will be scheduled work days and will be paid double time
and one-half for all hours worked, but shall not receive holiday pay as such:
- President's Day
- Good Friday
- Easter Monday
- Day After Thanksgiving
If an employee is absent the holiday that he/she is scheduled to work, he/she
will not receive holiday pay (Paragraph 14.02 of the contract).
k. Effective November 1, 1998, production areas that are currently on the
Normal work week will remain on the normal work week for the term of this
Agreement.
Paragraph 5.03, DAILY OVERTIME: All time over eight (8) hours in one day shall
be overtime.
Paragraph 5.04, OVERTIME OUTSIDE OF SCHEDULED SHIFTS: Any time worked before the
established starting time or after the established quitting time for any shift
shall be regarded as overtime unless mutually agreed to by both parties.
Paragraph 5.05, SHIFT CHANGES AND NOTICE: Subject to the provisions of Paragraph
5.04 of this Agreement, the Company shall be free to establish the starting and
quitting time for any job upon notice to the appropriate Shop Xxxxxxx and the
employees affected; but any proposed changes in regularly established shifts
shall be worked out between the Company and the Union.
Paragraph 5.06, OVERTIME NOTICE: Except in emergencies, the employee and the
appropriate Shop Xxxxxxx shall be notified of the necessity to work overtime.
Such notice shall be given to employees on the first shift not later than twelve
o'clock noon, on the day prior to the day on which such overtime shall be worked
and to employees on the second and third shifts not later than at the beginning
of the employees' regular lunch period of the day prior to the day on which such
overtime shall be worked.
Paragraph 5.07, DIVISION OF OVERTIME: Insofar as the same is practicable and
consistent with efficient operations, the Company will divide overtime work
equally.
Paragraph 5.08, OVERTIME RATES FOR "NORMAL WORK WEEK": All overtime and time
worked on Saturdays shall be paid for at the rate of time and one-half time; and
all time worked on Sundays and all time worked over eleven (11) hours on any day
shall be paid for at the rate of double time, provided, however, that when power
house employees work on their scheduled consecutive days off, which there shall
be two (2) per week, they shall be paid time and one-half time for hours worked
on their first scheduled day off, provided, however, that they shall be paid at
the rate of double time for all time over eleven (11) hours and double time for
all hours worked on their second scheduled day off.
Paragraph 5.09, OVERTIME RATES FOR "COMPRESSED WORK WEEK": All overtime and time
worked on scheduled days off for employees on Compressed Work Week shall be paid
in accordance with Paragraph 5.02.
ARTICLE VI
UNION ACTIVITIES
Paragraph 6.01, UNION BUSINESS OR ACTIVITIES ON COMPANY TIME OR PREMISES: Except
for the performance of his/her duly assigned Company work or duties, and except
as otherwise expressly provided in this Agreement for the administration of this
Agreement, and the handling of Grievances in the Plant, no employee shall engage
in Union activity or Union business on Company time, and no employee shall
engage in any Union activity or Union business on the Company premises in such a
manner as will interfere with the Company's production or business.
Paragraph 6.02, NUMBER OF UNION REPRESENTATIVES: The Parties agree that the
Union Representatives for the administration of this Agreement and the handling
of Grievances in the Plant shall be: (a) One president who shall also be the
District Chairperson as District Chairperson is designated in Article VII; (b)
one vice president who shall also be an Assistant District Chairperson as
designated in Paragraph 7.03, but who may function as an Assistant District
Chairperson only in the absence of the District chairperson or when designated
to so function by the President; (c) three Chief Stewards who shall also be
Assistant District Chairperson as Assistant District Chairpersons are designated
in Paragraph 7.03; (d) Shop Stewards for each designated area. Insofar as
practicable Union operations conditions will permit, the total number of all
such Representatives shall not exceed the proportion of one Representative to
each fifty employees in the Bargaining Unit. (Wherever the word "District"
appears in this Article, it means Mountaintop Plant.)
Paragraph 6.03, QUALIFICATIONS OF UNION REPRESENTATIVES: No Union Representative
referred to in Paragraph 6.02 shall be designated or qualified to act as such,
when he/she has less than six months unbroken continuous service credit with the
Company. No such Union Representative shall act as such during any layoff or
leave of absence, except the President who shall be paid by the Union. The Chief
Shop Stewards shall be full time Company employees and shall have jurisdiction
over all Grievance Districts. Each Shop Xxxxxxx shall be a full time Company
employee of the Grievance District which he/she represents. No Alternate Union
Representative may act except in the absence or inability to act of his/her
principal. Union Representatives, except the President, who begin the settlement
of a grievance in any step in the Grievance Procedure shall continue therewith
until such Grievance is concluded in such step.
Paragraph 6.04, PRESIDENT - AUTHORITY: The President and the Vice President
shall be paid by the Union when on Union business and shall be empowered and
authorized by the Union to deal with the Company in all matters pertaining to
the administration of this Agreement in all particulars in the Plant, and the
investigation of grievances after a final decision therein in the Second Step.
The President and Vice President shall have access to the Human Resources
Department and any Section of the Mountaintop Plant where employees covered by
this Agreement are working to see that this Agreement is carried out.
The Vice President shall be empowered to act as such only when authorized by the
President in writing for specified time and assignments.
Paragraph 6.05, UNION AND COMPANY REPRESENTATION LISTS: Each Party agrees
promptly to furnish the other with a complete written list of the names of their
respective Representatives and their Assistants or Alternates and, in addition,
the Company will furnish three (3) sets of complete Company and Union
Representation Lists to the Union Office. Said lists shall specify the name and
clock number of each of the Representatives and the Grievance District to which
their jurisdiction in presenting grievances or complaints is limited; and their
designation shall be evidence of their authority from the Union or the Company
to act as such, and for such purposes. Each Party agrees promptly to furnish the
other in writing any change or changes occurring in their respective
Representation Lists. Each Party shall keep such Representation List correct and
current at all times. In addition, the Union will furnish the Company with a
list of its duly elected officers.
Paragraph 6.06, PRESENTATION OF AGREEMENT TO EMPLOYEES: Within thirty
(30) days after the execution date of this Agreement, barring inability of any
printer to meet this commitment, the Company shall supply all the employees in
the Bargaining Unit with a copy of this Agreement. A copy of the Agreement shall
be given to each newly hired or rehired employee covered by the Bargaining Unit.
The above procedure shall also apply to any additional contract clauses that
become party of this Agreement.
Paragraph 6.07, NOTICE OF HIRING AND RATE: At the same time it notifies an
employee or applicant to report for work, the Company shall notify the Union of
such person's occupational classification and hiring rate and management shall
give to the appropriate shop xxxxxxx a copy of such notice.
Paragraph 6.08, BULLETIN BOARDS: Notices of local Union meetings and other
information of interest to Union members shall be posted by the Company on its
Plant Bulletin boards subject to the approval of the local Human Resources
Department.
Paragraph 6.09, NOTICE OF EMPLOYEE CLASSIFICATION: When an employee's
occupational classification is changed, the employee and his/her appropriate
Shop Xxxxxxx shall be notified, in writing, within fifteen (15) days after the
effective date of such change.
ARTICLE VII
RULES FOR UNION REPRESENTATIVES FOR THE HANDLING OF GRIEVANCES IN THE PLANT
Paragraph 7.01, GRIEVANCE DISTRICTS: Insofar as Union practical operating
conditions will permit, the Union's Grievance Districts within the Bargaining
Union shall be as compact as possible. Each Grievance District shall be
represented by one District Chairperson and one Assistant District Chairperson.
Sections or portions thereof within each Grievance District shall be represented
by Shop Stewards as designated by the Union. Stewards within a Section or
portion thereof may act as alternates to each other as designated by the Union
on the Representation list.
Paragraph 7.02, GRIEVANCE APPEAL COMMITTEE MEMBERSHIP, QUALIFICATION, AUTHORITY
AND PROCEDURE: The Grievance appeal Committee which will handle all Third Step
Grievances shall be composed as follows:
(a) The Union Representatives thereon shall be duly authorized and designated
Officers or Representatives of the Union. One such Representative shall be
a grade of Business Agent or Assistant Business Agent, one shall be a grade
of District Chairperson or Assistant District chairperson, one shall be a
grade of Shop Xxxxxxx or Alternate Shop Xxxxxxx in whose jurisdiction the
Grievance originated.
(b) The Company representatives thereon shall be duly authorized and designated
officers or Representatives of the Company with the authority of Plant
Manager; one shall be the Human Resources Manager, or a person designated
by him/her with the authority of Human Resources Manager, and one shall be
a grade of Department Manager, or Representative in whose jurisdiction the
Grievance originated. Said Committee shall have (1) authority in the first
instance to handle all Dismissal Grievances arising out of or in connection
with the discharge of an employee; (2) authority to handle all Grievances
which have been duly appealed from the Second to the Third Step of the
Grievance Procedure; and (3) authority to handle such other matters as the
Union and the Company may agree in writing to submit to such Committee. The
Representatives of each Party shall vote separately as a group. The
decision of a Party's group shall be binding on the other party only when
such decision is voted to be satisfactory or acceptable to the other
party's group, or is not appealed to the Fourth Step Arbitration by the
Party's group which was dissatisfied with the decision in the time and
manner provided for in this Agreement. Appeals to the Fourth Step
Arbitration may be taken by a vote of the appropriate Party's group in the
manner and form of other appeals. Regularly scheduled meetings shall be
held at 9:00 A. M. on each Thursday of each calendar week, and not
otherwise, except in cases where the Committee agrees to the contrary.
Paragraph 7.03, THE AUTHORITY OF DISTRICT CHAIRPERSON AND ASSISTANT DISTRICT
CHAIRPERSON: The sole Union duty and authority under the Grievance Procedure of
a District Chairperson and an Assistant District Chairperson while acting as
such in the Plant shall be: (1) authority to investigate Grievances which have
been finally disposed of at the First Step and are pending an appeal therefrom;
(2) authority to handle and dispose only of those Grievances which have been
duly appealed from the First to the Second Step of the Grievance Procedure by
one of the Shop Stewards in one of the designated portions of the Grievance
District for which such District Chairperson or Assistant District Chairperson
is designated; (3) authority to appeal a Grievance which he/she has authority to
handle and dispose of, and on which he/she was unable to get a decision which
was satisfactory or acceptable, from the Second to the Third Step of the
Grievance Procedure, as provided in this Agreement; and (4) authority to act as
one member of the Grievance Appeal Committee on any grievance originating in the
portion of the Grievance District of which he/she is the designated
representative.
Paragraph 7.04, THE AUTHORITY OF SHOP STEWARDS: The sole Union duty and
authority under the Grievance Procedure of a Shop Xxxxxxx while acting as such
in the Plant shall be: (1) authority to investigate and prevent Grievances
within the designated portion of the Grievance District which he/she represents;
(2) authority to handle and dispose of only those Grievances which duly
originated and arose within the designated portion of the Grievance District for
which he/she is designated and authorized to act as Shop Xxxxxxx; (3) authority
to appeal such a grievance on which he/she was unable to get a decision which is
satisfactory or acceptable to him/her, from the First to the Second Step of the
Grievance Procedure, as provided in this Agreement, and (4) authority to act as
one member of the Grievance Appeal Committee on any grievances originating in
the portion of the Grievance District of which he/she is the designated
representative. As long as any work is being performed requiring supervision,
the Shop Xxxxxxx for that group will be offered work if there is work available
and he/she performs such work.
Paragraph 7.05, PROCEDURE FOR DISTRICT CHAIRPERSONS, ASSISTANT DISTRICT
CHAIRPERSONS AND SHOP STEWARDS FOR HANDLING OF GRIEVANCES: Except when they are
engaged in the disposal of a Grievance as provided in this Agreement, all such
District Chairpersons, Assistant District Chairpersons and Shop Stewards shall
continue at their regularly assigned Company work or duties in the same manner
as other production workers. When such Union Representatives are required to
leave their regularly assigned company duties for the disposal of a Grievance
within their authority, they shall notify the appropriate Company Supervisor or
Representative. If necessary, such Union Representatives shall remain on their
regularly assigned Company duties until a reasonable time is afforded to provide
a substitute worker in their place. In each such case, such Union
Representatives will "ring out" their time card when they leave, and "ring in"
their time card when they return to their assigned Company duties. In addition,
each such Union Representative shall furnish written information called for on a
"Grievance Lost Time Voucher" to be provided by the Company and he/she shall
initial each entry thereon and also present the same to the duly authorized
Company Representative involved in the investigation, presentation, negotiation
or other handling of such Grievance. In all cases where such a Union
Representative is required to enter any Department or Section of the Plant
within which he/she has authority to act as such but in which he/she is not
regularly employed, he/she shall inform the appropriate Representative or
Supervisor and explain the business which requires his/her presence there.
Paragraph 7.06, PAYMENT FOR INVESTIGATION AND DISPOSAL OF GRIEVANCES: The
Company agrees to pay for the Company time lost by any duly authorized and
designated Union Representatives in the investigation and prompt and orderly
disposal of Grievances up to and including the Third Step of the Grievance
Procedure as set forth in Articles VII and VIII of this Agreement. In the event
that either Party to this Agreement is of the opinion that excess time is being
spent on the disposal of Grievances by any Representative of either Party, that
matter may be referred by either Party directly to the Grievance Appeal
Committee for solution, and if not there disposed of, the same may be made the
subject of a Grievance at that Step.
ARTICLE VIII
GRIEVANCE PROCEDURE
Paragraph 8.01, GRIEVANCE PARTIES AND DEFINITION: In the event there is any
Grievance, dispute or difference between any employee in the Bargaining Unit or
local Union or the Company, or any of Said parties, with respect to the
interpretation or application of any provision of this Agreement, there shall be
an xxxxxxx effort made to settle or dispose of such matters promptly by
negotiations between the appropriate designated Representatives of such Parties
in the manner provided in this Grievance Procedure, upon and subject to the
provisions of this Agreement. For convenience, all such Grievances, disputes and
differences will be called "Grievances" in this Agreement and its
administration.
Paragraph 8.02, DEFINITION OF CALENDAR DAYS: Within the meaning of this Article
VIII, each day, Monday through Friday inclusive - except holidays designated in
Paragraph 14.01 - shall be considered and counted as a calendar day. In no event
shall Saturdays, Sundays, or Holidays designated in paragraph 14.01 be
considered or counted as calendar days.
Paragraph 8.03, TIME, PLACE AND MANNER OF PRESENTING GRIEVANCES: All such
Grievances shall be presented in writing to the appropriate designated
Representative of the Party against whom it is made, on "Grievance Forms" to be
provided by the Company from time to time, the form of which shall be mutually
agreed upon by the local Union and the Company. Such "Grievance Forms" shall be
in sufficient number and shall make adequate provision to enable the appropriate
designated Representative of each of the Parties hereto at all times to set down
and retain a sufficient written record of all action taken by such
Representatives in handling and disposing of the same at each Step of the
Grievance procedure up to the appeal to Fourth Step Arbitration and each Party
agrees to make such written record and to assist the other Party so to do. All
Grievances shall be presented as soon as practicable after the occurrence upon
which the same is based, but in no event later than seven (7) days if the same
is a Dismissal Grievance, sixty (60) days in the event the same is a Wage
Grievance, and thirty (30) days if the same is a Grievance arising for any other
cause. Dismissal Grievances shall be presented at the Third Step and the
dismissed employee may be present during all such proceedings. Except as
otherwise specifically provided, all Grievances shall be presented at the First
Step of the Grievance Procedure. All such Grievances and Dismissal Grievances
not so presented shall be deemed to have been abandoned, and shall not be
entitled to consideration by the party to whom it is presented.
Paragraph 8.04, TIME, APPLICATION AND EFFECT OF GRIEVANCE DECISIONS: Unless the
time therefore is extended by the written consent of the Representative who duly
presented a Grievance, a written decision thereon shall be made by the
Representative to whom it is so presented at the conclusion of the Grievance
Meeting if at all possible, or by the end of the first calendar day after it is
so presented at the First Step; or by the end of the second calendar day after
it is duly appealed to the Second Step; or by the end of the seventh calendar
day after it is duly appealed to the Third Step. If no decision is made by a
Representative at any Step in the time and manner herein specified, the Party
entitled to such decision shall have the right to take an appeal to the next
Step in the same time and manner as an appeal in the case of an unsatisfactory
decision. A final decision made with respect to any Grievance shall apply to
that Grievance only, shall not become a binding precedent in the case of any
other Grievance, nor a precedent which shall bind the parties under this
Agreement in the future.
Paragraph 8.05, TIME AND MANNER FOR TAKING GRIEVANCE APPEALS: Unless
the time therefore is extended by written consent of the Representative who made
the written decision at any Step, an appeal from such decision, if any, must be
taken by having the Representative of the Party presenting the Grievance at that
Step serve a written notice of appeal on the Representative of the Party who
made the decision at that Step; if at the First Step by the end of the second
calendar day after such decision was made; if at the Second Step by the end of
the second calendar day after such decision was made; and if at the Third Step
by the end of the fifteenth calendar day after such decision. If no appeal is
taken from a decision made at any Step in the time and manner specified in this
Article VIII, such decision shall be final and binding with respect to such
Grievance.
Paragraph 8.06, GRIEVANCE STEPS AND REPRESENTATIVES OF THE PARTIES THEREIN:
Except as otherwise specifically provided in this Agreement, a duly presented
Grievance shall be negotiated when necessary to reach a final decision in each
of the following successive Steps between the duly designated and appropriate
Representatives of the Parties specified in each Step:
FIRST STEP: Between the Company's Representative or his/her Alternate and the
Union Shop Xxxxxxx, or his/her Alternate Shop Xxxxxxx, for the appropriate
portion of the Grievance District in which the Grievance originated as specified
in the Representation Lists of the Parties, with or without the presence of the
aggrieved party as such aggrieved party may elect.
SECOND STEP: Between the duly designated and appropriate Company Representative,
or his/her Alternate, who shall be of the grade of Department Manager,
Superintendent or General Supervisor and the Union's District Chairperson, or
Assistant District Chairperson for the appropriate Grievance District as
specified in the Representation Lists of the parties. Either Party in this
Second Step may have their Representative who negotiated the same Grievance in
the First Step participate.
THIRD STEP: Between their respective groups of Representatives on the Grievance
Appeal Committee, as provided in Paragraph 7.02.
FOURTH STEP: Arbitration: Any Grievance which has been negotiated through each
Step of the Grievance Procedure, as provided in this Agreement, and has not been
finally settled or disposed of thereby, may be submitted to Arbitration upon due
notice by either Party to the other Party as provided in this Agreement, under
the voluntary labor arbitration rules, then obtaining, of the American
Arbitration Association, except the Arbitrator shall be selected in the manner
provided in this Paragraph 8.06. The Parties agree that the decision or award of
such Arbitrator shall be final and binding on each of the Parties and that they
will abide thereby subject to such rules and regulations as any Federal agency
having jurisdiction may impose. In no event shall the Arbitrator modify or amend
the provisions of the Agreement, nor shall the same question or issue be the
subject of arbitration more than once. The Arbitrator shall be selected in the
following manner: The American Arbitration Association shall submit to each of
the Parties duplicate lists of the names of eleven (11) persons qualified to act
as Arbitrator. As soon as possible, and in any event within five (5) days from
the receipt of such lists, the local Union and the Company shall each have the
right to strike five (5) of such names from their respective lists, shall
indicate the order of preference for the names remaining on such list and shall
return such lists to the Association. The American Arbitration Association shall
select the Arbitrator from the name or names remaining. The decision or award of
the Arbitrator shall be made as soon as practicable after submission of the
Grievance or dispute. Any expense of Arbitration shall be borne by and divided
equally between the Union and Company.
Paragraph 8.07, REPRESENTATIVES AUTHORITY: The Representative of the Parties to
whom any Grievance shall be submitted at any Step of the Grievance Procedure in
accordance with this Agreement shall have jurisdiction and authority to
interpret and apply the provisions of this Agreement insofar as it shall be
necessary to the determination of such Grievance, but he/she shall not have
jurisdiction or authority to alter in any way the provisions of this Agreement
which may be modified and amended only as expressly provided in Article XVII,
Paragraph 17.03.
Paragraph 8.08, RETROACTIVE SETTLEMENTS: All retroactive payments agreed upon or
awarded as a result of a final decision on a Grievance, shall be disposed of at
that Step in the Grievance Procedure in which settlement is reached, in the
following manner:
1. The respective Representatives of the Parties shall mutually agree upon the
basis for computing the amount of such retroactive payment.
2. The Company shall then compute the amount of such retroactive payment, and
after obtaining the approval of the appropriate Union Representative,
thereon, the effective date for payment shall be stipulated by the
respective Representative of the Parties.
Paragraph 8.09, NATIONAL DISCUSSIONS: In the event a question arises concerning
the interpretation or application of this Agreement and no satisfactory
settlement has been reached at Step Three in the Grievance Procedure, either
party may ask for discussions with representatives of the respective national
offices on that particular issue. If the Parties agree to meet and this dispute
is not settled satisfactorily at such a meeting, either Party shall have the
right to refer the dispute to arbitration in accordance with Step Four of the
Grievance procedure.
ARTICLE IX
CONTINUOUS SERVICE CREDIT
Paragraph 9.01, HOW CONTINUOUS SERVICE CREDIT IS ACQUIRED: The principle of
continuity of employment is recognized in accordance with and subject to the
provisions of this Agreement, and each employee shall have continuous service
credit with the Company dating from the first date of his unbroken continuous
service.
Paragraph 9.02, HOW CONTINUOUS SERVICE CREDIT IS LOST OR TERMINATED: Continuous
service credit of an employee will be lost or terminated under the following
conditions, and when so lost or terminated an employee for all purposes shall be
considered a new employee without seniority or other Company privileges if and
when rehired:
(a) Resignation or other voluntary termination of employment.
(b) Discharge for just cause.
(c) Unexcused absence for one work week.
(d) Unauthorized absence beyond the time limit of any authorized leave of
absence specifically provided for in this Agreement.
(e) Failure to report to work, following a layoff in his/her former job or a
job similar in nature and pay within five (5) regular work days after
written notice to so report is given by the Company to the employee and the
local Union. Such notice shall be deemed to be sufficiently given if sent
to the employee by registered mail at the last address furnished by such
employee to the Company, and, if sent to the Union, in the manner provided
for in this Agreement.
(f) Layoff without recall to work within three (3) years from the date of such
layoff.
Paragraph 9.03, NOTICE OF REMOVAL FROM PAYROLL: Except as provided for in
Paragraph 12.02, Shop Stewards shall be notified of all other removals from
payroll not later than at the time of such removal. The reason shall be shown by
marking the applicable cause of removal on a form provided for that purpose by
the Company, with a copy of such form to be mailed to the Union's office. In the
event that the Xxxxxxx considers such removal to be unjustified, the matter
shall be subject to the Grievance Procedure.
Paragraph 9.04, CONTINUOUS SERVICE CREDIT BY TRANSFER: Subject to the provisions
of Article X of this Agreement, the Human Resources Department shall, in times
of layoff, give effect to Continuous Service Credit by transfer from one
Division or Department to another, provided job vacancies exist and provided the
employees have the skill and ability to do the work.
Paragraph 9.05, CONTINUOUS SERVICE WITH RCA: Subject to the other provisions of
this Article, employees will be given credit for their continuous service with
RCA.
ARTICLE X
SENIORITY PROVISIONS
Paragraph 10.01, SENIORITY POLICY: The Company and the Union accept the
principle of employee plantwide occupational seniority in layoffs and rehiring
based upon continuous service credit from the first date of the employee's
unbroken continuous service and other terms and conditions of this Agreement.
In layoffs for lack of work and transfers, each occupational classification in
the Mountaintop Plant shall be treated separately and seniority therein shall
govern.
Layoffs and transfers for lack of work shall be made in the following sequence:
The employee with the lowest seniority in the occupation shall be the first laid
off or transferred.
Paragraph 10.02, SENIORITY PRIVILEGES FOR UNION REPRESENTATIVES: For the sole
purpose of layoff, Shop Stewards, Chief Shop Stewards and the President,
provided they perform on-the-job xxxxxxx-like duties directly related to the
day-to-day administration of this Agreement, will have top seniority in their
respective jurisdictions during the period they serve as such, so long as there
is work available which they are capable of performing.
Paragraph 10.03, SENIORITY PRIVILEGES FOR EMPLOYEES TRANSFERRED WITHIN
BARGAINING UNIT: When an employee is transferred to an occupational
classification in which he/she has previously established seniority, he/she
shall assume full accumulated seniority privileges at once.
Paragraph 10.04, NEW EMPLOYEES: New employees and those hired after a forfeiture
of seniority, shall be considered on probation for a period of thirty (30) work
days from their date of hire in Labor Grades 4 and 8, and forty-five (45) work
days in Labor Grades 9, 10, 11 and 13. Upon completion of the probationary
period, seniority shall be calculated as of the date of hiring.
Paragraph 10.05, SENIORITY PRIVILEGES: After completion of the probationary
period, each employee shall have seniority in the occupational classification in
which he/she is then working and not otherwise. When thus established, such
seniority will equal the employee's total continuous service credit with the
Company. After having thus established seniority, an employee who is transferred
to a different occupational classification shall retain his/her seniority in the
former occupational classification from which he/she was transferred until
he/she has worked in the latter occupational classification for a period of
thirty (30) days, after which such employee shall have seniority only in the
latter occupational classification.
An employee who is subject to layoff in the current occupational classification
shall exercise seniority in an occupational classification in which seniority
had been previously established by displacing the least senior employee. An
employee shall exercise the seniority in the reverse order by which seniority
was established.
Employees with more than twenty (20) years seniority will be retained on the
payroll, provided they have the skill and ability to do the work, in preference
to employees with ten (10) years or less of seniority; and employees with more
than fifteen (15) years seniority will be retained on the payroll provided they
have the skill and ability to do the work, in preference to employees with eight
(8) years or less of seniority; and employees with more than ten (10) years
seniority will be retained on the payroll, provided they have the skill and
ability to do the work, in preference to employees with five (5) years or less
of seniority, and employees with more than five (5) years seniority will be
retained on the payroll, provided they have the skill and ability to do the
work, in preference to employees with two (2) years or less of seniority.
Paragraph 10.06, SENIORITY PRIVILEGES FOR EMPLOYEES WHO ARE TRANSFERRED OUT OF
THE BARGAINING UNIT: Where an employee has established seniority privileges in
an occupational classification within the Bargaining Unit and is thereafter
transferred or promoted to another position which is not within the Bargaining
Unit, in the event such employee is again restored to a position within the
Bargaining Unit within the six (6) month period immediately following the
transfer and had over ten (10) years of continuous service at time of transfer,
such employee shall be deemed to have retained seniority privileges within the
Bargaining Unit in accordance with Article X. An employee transferring from the
Bargaining Unit with less than ten (10) years continuous service shall only
retain seniority privileges in accordance with Article X, if they return to the
Bargaining Unit within a three (3) month period immediately following the
transfer. However, all employees who are on layoff from the occupation in which
such employee holds seniority shall be recalled before such employee may return
to the Bargaining Unit.
ARTICLE XI
TRANSFERS
Paragraph 11.01, SHIFT TRANSFERS: When a vacancy exists on any shift, shift
requests on file will be honored plant-wide according to seniority standing in
the occupation. However, in the formation of a new or reformation of a
previously established shift, 90% of each shift openings shall be given to
qualified employees in the department/area. The balance of the 10% of each shift
openings shall be granted by seniority from the shift requests on file.
Paragraph 11.02, RETURN TO PREVIOUS OCCUPATIONAL CLASSIFICATION: An employee who
is reclassified as a result of exercising his/her seniority privileges at time
of layoff for lack of work shall be given the opportunity to return to his/her
previous occupational classification in line of seniority, when a vacancy exists
in such occupational classification, provided at the time he/she is reclassified
from such previous occupational classification the employee shall notify the
Human Resources Department that his/her name should be placed in the "call back"
file under his/her previous occupational classification. When such employee is
notified that a vacancy exists and that he/she is eligible for return to his/her
previous occupational classification, he/she shall remain in his/her currently
assigned occupational classification until a reasonable time is afforded to
provide a substitute worker in his/her place. When a vacancy exists in the
previous occupational classification of an employee who has been reclassified
for any other reasons, he/she shall not press for a return to his/her previous
occupational classification, but if the company finds it advantageous to return
such employee to his/her previous occupational classification, the Union shall
raise no objection.
ARTICLE XII
LAYOFFS AND REHIRING
Paragraph 12.01, RULES APPLICABLE TO REHIRING: All laid off employees shall be
pooled for purposes of rehiring on the principle that the oldest employee in
terms of plantwide seniority shall be the first rehired within his/her
occupational classification. If there are no laid off employees with seniority
in such occupational classification, other laid off employees who can do the
work shall first be considered for such jobs. No new employees will be hired
until all such laid off employees who desire employment have been rehired.
Paragraph 12.02, NOTICE OF LAYOFFS: The Company will give no less than one week
advance notice of contemplated layoffs of more than one week to the employee
affected and to the appropriate Shop Xxxxxxx. Where, however, such notice is not
feasible, the Company will notify the employees and such Shop Xxxxxxx affected
as promptly as possible, and give in lieu of the one week notice, one (1) day's
pay not to exceed 11-1/2 hours straight time hourly base rate.
Paragraph 12.03, LAYOFF ALLOWANCE: Any employee other than an employee with less
than two (2) years of continuous service credit, and other than a part-time or
temporary employee, who meets the continuous service credit requirements stated
herein, shall be entitled to layoff allowance in accordance with the provisions
of this Paragraph when he/she is laid off for lack of work for a period in
excess of thirty (30) days. No employee shall be entitled to layoff allowance in
cases where such layoff is due to fire, flood, explosion, bombing or earthquake
causing damages in the Plant which makes it impossible to resume work in the
Section which such employee works.
The layoff allowance for employees entitled thereto under the provisions of this
Paragraph, shall be as follows:
(a) All employees who at the time they are laid off for lack of work have more
than two (2) years and less than four (4) years of continuous service
credit with the Company, shall be eligible to receive a layoff allowance in
a sum equal to their hourly base rate or hourly wage rate for their
established weekly shift at the time of such layoff, not including any
overtime hours or hours in excess of five (5) eight-hour days.
(b) All employees who at the time they are laid off for lack of work have four
(4) or more years of unbroken continuous service credit with the Company,
shall be eligible to receive layoff allowance in a sum equal to their
hourly base rate or hourly wage rate for two (2) such established weekly
shifts, not including any overtime hours or any hours in excess of ten (10)
eight-hour days.
Such layoff allowance shall be paid at the end of a waiting period of thirty
(30) days from the date of such layoff. An employee who is reinstated in
employment with the Company during the waiting period shall not be entitled to
layoff allowances as herein provided. For the purpose of this provision, any
employee who receives layoff allowance as herein provided, and who is
subsequently reinstated in employment with the Company within three (3) years
from the date of such layoff, shall not again be eligible for additional layoff
allowance until he/she accumulates two (2) additional years of unbroken
continuous service credit with the Company. Upon establishing two (2) years
additional continuous service credit after such reinstatement, the employee
shall again be entitled to layoff allowance in accordance with his/her
established unbroken continuous service credit with the Company if again laid
off under the conditions herein provided.
For the period of layoff, so long as recall rights exist, all laid off employees
shall accumulate seniority for purposes of layoff and recalls. This accumulation
of seniority shall start as of September 30, 1949, for all employees on layoff
on that date. Effective August 10, 1970, laid off employees shall accumulate
continuous service credit during periods of layoff for so long as they have
recall rights. Such accumulation of continuous service credit shall be
retroactive to September 30, 1949.
Paragraph 12.04, LAYOFF EXTENSION BENEFITS: An employee with five (5) or more
years of continuous service credit, who, following the effective date of this
Agreement, is placed on layoff for lack of work, and who has not been offered
any other work in an occupation to which his/her seniority will entitle him/her
or to an existing vacancy within the Bargaining Unit will be eligible for a
Layoff Extension Benefit in accordance with the provisions set forth.
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Continuous Service
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From But Less Than Amount Of Layoff Extension Weekly Payment At
Benefit 1/2 A Week's Pay
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5 years 6 Years 1 Week's Pay 2 Weeks
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6 years 7 Years 2 Weeks' Pay 4 Weeks
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7 Years 8 Years 3 Weeks' Pay 6 Weeks
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8 Years 9 Years 4 Weeks' Pay 8 Weeks
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9 Years 10 Years 5 Weeks' Pay 10 Weeks
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10 Years 11 Years 6 Weeks' Pay 12 Weeks
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11 Years 12 Years 7 Weeks' Pay 14 Weeks
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12 Years 13 Years 8 Weeks' Pay 16 Weeks
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1 3 Years 14 Years 9 Weeks' Pay 18 Weeks
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14 Years & Over 10 Weeks' Pay 20 Weeks
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For the purposes of this provision, a "week's pay" for such eligible employees
shall be calculated by multiplying his/her base rate at the time of layoff times
the number of hours in his/her normal work week, at the time of layoff, up to a
maximum of forty (40) hours. If an eligible employee remains on layoff after
his/her entitlement to state or federal unemployment compensation have been
exhausted, payment of the Layoff Extension Benefit for which he/she is eligible
will be made weekly providing that he/she is still unemployed and is able and
available to return to work with the Company. Such weekly payments will be made
for as long as such unemployment continues, in amounts equal to one-half of the
employee's pay as defined above, until the full amount for which he/she is
qualified is paid or until he/she is eligible for further state or federal
unemployment compensation. In any event, at the end of two years following the
effective date of layoff, all Layoff Extension Benefits will cease.
For purposes of this provision, an employee will be considered employed during
any week in which he/she earns wages from any source which total more than one
quarter of his/her "week's pay" as defined above. All benefits will cease at the
time an employee receives notice of recall from layoff. However, during any
regular work week in which an employee is returned to work, the benefit for that
week shall be calculated on a pro rata basis for those days, not exceeding five
(5) in such weeks that he/she was unemployed.
An employee will not be entitled to receive any payment under the terms of this
provision after he/she has retired or his/her employment has otherwise been
terminated.
An employee who is reinstated before receiving all of his/her entitlement to
Layoff Extension Benefits as herein provided, shall receive the balance of such
entitlement, based upon his/her continuous service credit at the time of the
preceding layoff, upon subsequent layoff if he/she otherwise meets the
requirements as set forth in this Paragraph.
An employee who receives Layoff Extension Benefits as herein provided, who is
subsequently reinstated in employment with the Company will be eligible for
additional benefits under this provision for that period of his/her continuous
service beginning with the date of such reinstatement, if again laid off under
the conditions herein provided.
Paragraph 12.05, JOB SECURITY AND PROTECTION: In the event the Company decides
to discontinue or close all or part of a plant or business operation, or to
discontinue or close all or part of a plant or business operation and relocate
or otherwise transfer to another location or other non-Company sources some or
all of the work performed by employees of such plant or business operation,
employees who are laid off as a direct result of any such Company actions or who
are laid off within six (6) months prior to the announcement of such actions
shall be eligible for the following benefits:
(1) Such laid off employees with five (5) or more years of continuous service
credit will receive, while unemployed, job placement education and
retraining assistance amounting, collectively, to a maximum of $1,500 for
each such employee to be paid as such assistance expenses are incurred;
(2) Such laid off employees under 55 years of age with thirty (30) or more
years of continuous service credit who at the time of said layoff are
vested members of the Xxxxxx Retirement Plan will be treated, for life and
health insurance purposes upon retirement at age 55 as if they were
actively employed when they attain age 55;
(3) Such laid off employees with thirty (30) or more years of continuous
service credit will receive life insurance coverage at no cost for two (2)
years after being laid off and thereafter may continue such coverage on a
contributory basis until age 55 whereupon they may retire as provided in
the preceding subparagraph 2 and receive life insurance coverage at no cost
in an amount equal to 15% of such employee's life insurance coverage
immediately prior to retirement;
(4) Such laid off employees with thirty (30) or more years of continuous
service credit will receive health insurance coverage at no cost for six
(6) months after being laid off and thereafter may continue such coverage
on a contributory basis until age 55 whereupon they may retire as provided
in the above subparagraph 2 and receive health insurance/pre-Medicare
coverage at no cost;
(5) Such laid off employees with thirty (30) or more years of continuous
service credit who exhaust their layoff allowance benefits under Paragraph
12.03 will thereupon receive the Layoff Extension Benefits to which they
are entitled by Paragraph 12.04, under the terms and conditions of such
Paragraph 12.04.
After payment of Layoff Extension Benefits commences, amounts received by
an employee for federal or state unemployment compensation, worker's
compensation or other similar benefits will be deducted from the employee's
Layoff Extension Benefits.
ARTICLE XIII
LEAVES OF ABSENCE
Paragraph 13.01, RULES FOR LEAVE OF ABSENCE FOR UNION ACTIVITY: Any member of
the Union with at least six (6) months of unbroken continuous service credit,
who shall be a duly elected regular officer of the Union, or a duly elected or
appointed officer or representative of the District Council or the International
Union, shall, on written request of the Union, be granted leave of absence
without pay for such Union activity, provided the number of such persons on such
leaves shall not exceed three (3) at any one time. Continuity of service and
full seniority privileges shall be retained and accumulated during such leave of
absence. When the Union activity for which such leaves of absence are granted
shall cease, the Union shall immediately notify the Company in writing, and if
application is made therefor within ten (10) days thereafter, such Union member
will be given reemployment in his/her former or a comparable position in
accordance with his/her seniority privileges, and at the applicable wage rate at
the time of his/her return.
Paragraph 13.02, RULES FOR LEAVE OF ABSENCE FOR DISABILITY RELATED TO ILLNESS,
INJURY OR PREGNANCY: Any employee who, after the effective date of this
Agreement, is unable to perform his/her regular duties with the Company because
of sickness or disability, shall receive a leave of absence without pay except
as provided in Paragraph 16.03, for a period not to exceed twenty-four (24)
months with continuous service credit and seniority privileges while such
condition continues during such twenty-four (24) month period. An employee
absent under such conditions shall inform the Human Resources Department
immediately upon such occurrence and shall thereafter keep the Human Resources
Department informed monthly in writing stating the best estimate of the time
when such employee will be able to resume his/her usual Company duties. Such
employee will be restored to employment when recovered if under normal working
conditions he/she would have continued in employment by the Company except for
such disability, upon approval of the Company physician certifying he/she has
sufficiently recovered and is physically qualified to return to work and perform
his/her usual Company duties. The Company may, at any reasonable time or times,
request from such an employee a certificate of a physician certifying to his/her
condition. The company may also have a doctor or nurse selected by the Company
interview or examine such employee for the purpose of determining his/her
condition and the likely duration of such sickness or disability.
Paragraph 13.03, RULES OF LEAVE OF ABSENCE FOR DEATH IN IMMEDIATE FAMILY:
Employees, in the event of death in their immediate family, shall be paid for
three (3) days absence, during the normal work week at their straight time
hourly base rate for the number of hours in their regular shift. For purposes of
this payment, the immediate family shall include the employee's mother,
step-mother, father, step-father, sisters, brothers and children of the employee
(including step-children and, if living in the employee's home, xxxxxx
children), spouse, spouse's mother and father, sisters-in-law, brothers-in-law,
sons-in-law, daughters-in-law, grandparents, grandparents-in-law and
grandchildren. Any employee of the Company who loses more than five (5) days
work because of death in his/her immediate family shall be allowed a leave of
absence up to two (2) weeks overall. Such leave may be extended one (1) week in
unusual cases. The employee shall accumulate seniority privileges during such
leave.
Paragraph 13.04, RULES FOR ABSENCE AND PAYMENT FOR JURY DUTY AND WITNESSES: An
employee who is called for Jury Duty or who is subpoenaed to appear in Court as
a witness will be compensated by the Company for the difference between payment
received for such compulsory Jury Duty or Court appearance and the payment
he/she would have received for the straight time hours he/she was thereby
required to lose from his/her regular work schedule, but not to exceed five (5)
eight-hour days per week, computed at his/her established hourly base rate or
hourly wage rate or in accordance with Paragraph 5.02e. However, when subpoenaed
by a party other than the Company, the employee will not be compensated if the
employee, the Company, or the Union is a party in the case, or if the employee
has any direct interest or financial interest in the case. Differential payment
shall be made so long as such Jury Duty or Court appearance continues, only upon
presentation of documentary proof of Jury Duty or Court appearance and the
payment received therefor. Continuous service credit and duly established
seniority privileges will accumulate during such leaves.
Paragraph 13.05, GENERAL PROCEDURE FOR LEAVES OF ABSENCE: All leaves of absence
except those for Union activity, military service or death in immediate family
as herein provided, shall be applied for and granted in writing on forms to be
provided by the Company, and no one shall be deemed to be on leave of absence
unless this provision is complied with. A copy of the signed form of leave of
absence shall be given to the employee and notice thereof shall be sent to the
Union.
The Company reserves the right to request from an employee, documentary proof of
the conditions necessitating the leave of absence. The Company may also, when in
its opinion it is necessary, arrange for a doctor or a nurse, selected by the
Company, to interview or examine such employee who has applied for leave of
absence because of illness or disability, for the purpose of determining his/her
condition and the possible duration of such sickness or disability.
Employees who are on leave of absence will be restored to employment if, under
normal working conditions, they would have continued in employment by the
Company except for such leave of absence. An employee who misrepresents facts on
the basis of which a leave of absence is granted shall be dismissed.
Paragraph 13.06, NON-WAR MILITARY DUTY ABSENCE AND PAYMENT: An employee who is
called for and performs mandatory non-war military duty will be granted a leave
of absence and differential payment as set forth below. Such an employee's
continuous service credit and duly established seniority privileges will
accumulate during such leave.
If called for training, the employee will be paid the difference between his/her
total military pay, including allowances such as flight pay and submarine pay,
for the period served, but not to exceed fourteen (14) calendar days, and the
payment he/she would have received for the straight time hours he/she is thereby
required to lose from his/her regular work schedule, but not to exceed ten (10)
eight-hour work days each year, computed at his/her established hourly base rate
or hourly wage rate.
If called for emergency military duty, the employee will be paid the difference
between his/her daily military pay, including allowances such as flight pay and
submarine pay, and the payment he/she would have received for the straight time
hours he/she is thereby required to lose from his/her regular work schedule, but
not to exceed five (5) eight-hour work days each year, computed at his/her
established hourly rate or hourly wage rate.
Paragraph 13.07, RULES FOR LEAVE OF ABSENCE FOR MILITARY SERVICE: Any employee
of the Company under this Agreement who shall be called or volunteer for
military service in any branch of the United States armed forces when the United
States is at war or during any duly declared national emergency in peace time,
will be reinstated in the position held by such employee at the time of entering
such military service and will be given credit for seniority for the time spent
in such military service; provided, however, that such employee makes
application for such reinstatement in the Company's service within 90 days after
the termination of such military service, and in any event not later than 180
days after such state of war or such national emergency terminates, and
provided, further, that at the time of such application for reinstatement such
employee under normal working conditions would have been employed by the Company
except for such military service, and provided further that such employee is not
at the time of applying for such reinstatement physically or otherwise
incapacitated from performing his/her usual work in such previously held
position. It is agreed, however, that if while this Agreement continues in
effect there is a United States statute fixing and declaring the rights and
responsibility of an employer or employee in any such case, such statutory
provision shall supersede the provisions of this Paragraph 13.07 and the
provisions of this Paragraph 13.07 shall thereafter no longer have any force or
effect.
ARTICLE XIV
HOLIDAYS
Paragraph 14.01, DESIGNATED HOLIDAYS: The following holidays shall be granted:
New Year's Day, President's Day (the third Monday of February), Good Friday, the
Monday following Easter, Memorial Day, Fourth Of July, Labor Day, Thanksgiving
Day, the day after Thanksgiving, and Christmas Day. When a holiday falls on a
Saturday, the Company shall grant the preceding Friday as the holiday. When a
holiday falls on a Sunday, the Company shall grant the following Monday as the
holiday. When such holidays are granted on days other than that on which they
occur, holiday payment as described in Paragraph 14.02 shall be made for the day
granted rather than the actual date of the holiday. Any Federal or State law
which requires the observance of a holiday other than as provided in this
Paragraph shall supersede the provisions of this Paragraph.
Paragraph 14.02, HOLIDAY PAYMENT: The Company shall pay employees at their
straight time hourly base rate for the number of hours in their regular
scheduled shift the holidays, or days granted as such designated in Paragraph
14.01. Employees who are required to work eight (8) hours or less on any one of
the designated holidays, or days granted as such shall be paid time and one-half
for hours worked and shall, in addition, receive the holiday pay to which they
may be entitled in accordance with the above. Employees who are required to work
in excess of eight (8) hours on any one of the designated holidays, or days
granted as such shall be paid double time and one-half for all hours worked but
shall not receive the holiday pay set forth in the first sentence of this
Paragraph. On continuous shift operations, the Company will insofar as
practicable, work a reduced working force and an employee engaged in a
continuous shift operation, who is scheduled to work on a designated holiday and
fails to do so shall not be entitled to receive the above holiday payment.
Employees on sick leaves approved by the Plant Physician and on approved leaves
of absence of not more than two (2) weeks will be paid holiday pay for hours not
worked. If a holiday occurs during the waiting week of short-term disability,
payment for the holiday will be made regardless of the length of the leave of
absence. An employee who is on Jury Duty, appearing as a subpoenaed witness in
Court or on non-war military duty shall receive holiday pay in accordance with
this Paragraph instead of either of the differential payments provided for in
Paragraphs 13.04 or 13.06.
ARTICLE XV
VACATIONS
Paragraph 15.01, VACATION POLICY: It will be the policy of the Company to grant
a vacation to employees annually as herein provided. In the event a shutdown is
contemplated in the Plant or in any Department or Section thereof, the vacation
shall run concurrently with such shutdown period. Otherwise, vacations will, so
far as possible, be granted at times most desired by employees, but the right to
fix the time for vacation is reserved by the Company in order to insure the
orderly and efficient operation of the Plant or any Department or Section
thereof.
Paragraph 15.02, VACATION YEAR: The "Vacation Year" which shall be used in
computing the amount of vacation time shall be from April 1st to March 31st both
inclusive of each year in which this Agreement continues in effect. The
"Vacation Year" which shall be used in computing the amount of vacation payment
shall be the fifty-two (52) weeks from the first day of the second quarter to
the last day of the first quarter, both inclusive, of each year in which this
Agreement continues in effect.
Paragraph 15.03, VACATION SEASON: The "Vacation Season" in which vacations will
be granted shall be from April 1st to March 31st inclusive of each year.
Paragraph 15.04, QUALIFICATIONS AND AMOUNT OF VACATION AND VACATION PAYMENTS:
Each employee who at the close of the "Vacation Year" has not less than six (6)
months of continuous service credit shall receive "Vacation" and "Vacation
Payment" in accordance with the following schedule:
---------------------------------------------------------------------------
Continuous Service
---------------------------------------------------------------------------
From But Less Than Vacation Vacation Payment
---------------------------------------------------------------------------
6 months 2 Years 1 Week 2.0%
---------------------------------------------------------------------------
2 Years 3 Years 2 Weeks 3.2%
---------------------------------------------------------------------------
3 Years 4 Years 2 Weeks 3.6%
---------------------------------------------------------------------------
4 Years 5 Years 2 Weeks 4.0%
---------------------------------------------------------------------------
5 Years 6 Years 2 Weeks 4.2%
---------------------------------------------------------------------------
6 Years 7 Years 2 Weeks 4.4%
---------------------------------------------------------------------------
7 Years 15 Years 3 Weeks 6.0%
---------------------------------------------------------------------------
15 Years 20 Years 4 Weeks 8.0%
---------------------------------------------------------------------------
20 Years & Over 5 Weeks 10.0%
---------------------------------------------------------------------------
The "Vacation Payment" shall be computed upon the above indicated percentage of
the employee's total earnings during the "Vacation Year." An additional amount
shall be paid as a differential, however, in any case where, because of layoff
for lack of work, the vacation payment of an employee under the foregoing
schedule is less than one week's pay of the employee at his/her regular straight
time base rate for the number of hours in his/her normal scheduled work week. In
such case, the employee's vacation payment will be equal to the amount of said
one week's pay, provided that this additional amount should not be paid unless
the employee shall have worked at least twenty-six (26) weeks in the vacation
year and shall not apply for more than one vacation year of an employee.
The Company will make up the difference in vacation pay from that received by
any veteran re-employed during the period from October 1 of the "Vacation Year"
currently applicable to "Vacation" and "Vacation Payment" and September 30 of
the immediately succeeding "Vacation Year," under the normal vacation plan and
that which he/she would have received, assuming he/she was on the payroll for an
entire twelve (12) month period. This payment is to be made on the basis of the
veteran's hourly rate as of September 30 in accordance with the following
schedule:
-----------------------------------------------------------
Continuous Service
-----------------------------------------------------------
From But Less Than Vacation Payment
-----------------------------------------------------------
6 Months 2 Years 40 Hours
-----------------------------------------------------------
2 Years 3 Years 56 Hours
-----------------------------------------------------------
3 Years 4 Years 72 Hours
-----------------------------------------------------------
4 Years 5 Years 80 Hours
-----------------------------------------------------------
5 Years 6 Years 84 Hours
-----------------------------------------------------------
6 Years 7 Years 88 Hours
-----------------------------------------------------------
7 Years 8 Years 96 Hours
-----------------------------------------------------------
8 Years 9 Years 104 Hours
-----------------------------------------------------------
9 Years l0 Years 112 Hours
-----------------------------------------------------------
10 Years 15 Years 120 Hours
-----------------------------------------------------------
15 Years 20 Years 140 Hours
-----------------------------------------------------------
20 Years & Over 160 Hours
-----------------------------------------------------------
Paragraph 15.05, "VACATION PAYMENT" TO EMPLOYEES OFF PAYROLL: Any
employee who has once qualified for a "vacation" and who is thereafter
terminated, granted a leave of absence or is laid off due to lack of work shall
be entitled to a "Vacation Payment" for that portion of the year during which
he/she was employed at the percentage rate applicable as of the date of such
termination, leave of absence or layoff as herein provided. "Vacation payment"
for such employees shall be mailed not later than ten (10) weeks after the close
of the "Vacation Year."
Paragraph 15.06, SPECIAL RULES GOVERNING VACATIONS: With the consent of the
Company, vacation time in excess of the vacation shutdown period may be taken in
full one-day increments.
No "vacations" may be postponed from one "vacation year" to another. Holidays
occurring during an employee's "vacation" will be counted as part of his/her
vacation time, but payment for such holidays shall be made by the Company as
provided for in Paragraph 14.02.
Employees on the payroll who are eligible for vacation payment will receive such
vacation payment at the close of the "vacation year" (March 31). If there is a
plant shutdown for the vacation period, all employees having their vacation at
the time of or after the plant shutdown may receive their vacation payment not
later than one week prior to the shutdown or the commencement of his/her
vacation. Any employee whose vacation entitlement exceeds the period of plant
shutdown, may elect to defer the payment (in weekly increments) applicable to
the weeks in excess of the plant shutdown to such time as he/she so designates.
Each such payment shall be in the sum equal to the quotient obtained by dividing
the total vacation payment earned by the number of weeks vacation entitlement.
Deferred vacation and payment must be requested at least two weeks in advance.
ARTICLE XVI
INSURANCE AND DISABILITY BENEFITS
Paragraph 16.01, RETIREMENT AND INSURANCE BENEFITS: Employees covered by this
Agreement shall be entitled to participate in and shall be covered by the
following Xxxxxx Corporation Employee Benefit Plans for Employees Represented by
the IUE, AFL-CIO:
1. Retirement Plan
2. Vision Plan
3. Medical Plan
4. Dental Assistance Plan
5. Survivor's Benefits Program and Dependent Life Insurance Program
6. Disability Income Plans
a. Short Term Disability Income
b. Long Term Disability Income
The specific benefits to be provided, the employee and Company contribution
requirements and other rights and obligations shall be defined by the pertinent
plan documents, insurance policies and/or insurance contracts. During the term
of this Agreement, the Company agrees that there will be no changes in the basic
benefits provided by the above employee Benefit Plans except by mutual agreement
and those covered under a Letter Of Agreement.
Paragraph 16.02, SUPPLEMENTAL WORKER'S COMPENSATION PAYMENTS: When an employee
is entitled to temporary disability payments under the applicable Worker's
Compensation Act, and the weekly payments due to the employee under the Act are
less than eighty percent (80%) of his/her base weekly pay, as hereinafter
defined, the Company will make a weekly payment, in addition to that required by
the Act equal to the difference between eighty percent (80%) of said base pay
and said required disability payment. This additional payment shall be made only
during the period while the employee is entitled to Worker's Compensation for
said disability, and only while he/she is absent from work and unable to engage
in gainful employment because of said disability, not including any period after
an award has been made under the Worker's Compensation Act for partial and
permanent or total and permanent disability. Said additional payments shall not
be made in any case for a period longer than twelve (12) weeks on account of the
same disability. "Base weekly pay" shall mean forty times the employee's base
hourly rate, exclusive of any supplemental payments such as for incentive or
piecework earnings, night shift premium or overtime. The additional payment
herein provided for is intended to supplement their amount of weekly temporary
disability benefits under the Worker's Compensation Act for the period above
defined while the employee is absent from work and to apply under the same
conditions as the law requires for Worker's Compensation. These additional
payments shall apply only to disabilities subject to the Worker's Compensation
Act which occur on or after the effective date of this Agreement.
Paragraph 16.03, SICK PAY:
(a) With the approval of the appropriate supervisor, an hourly paid employee
may be paid for each half or full day of approved absence due to personal
illness. Such payment will be made up to the maximum number of days in any
one year, depending upon continuous service credit, set forth as follows:
------------------------------------------------------------------------------
Continuous Service Credit Sick Pay In Any One Calendar Year
------------------------------------------------------------------------------
(As Of December 1st) Effective 12/98 Effective 12/98 Effective 12/00
------------------------------------------------------------------------------
2-1/2 Years to 5 Years 1 Day 1 Day 2 Days
------------------------------------------------------------------------------
5 Years to 10 Years 2 Days 2 Days 3 Days
------------------------------------------------------------------------------
10 Years to 15 Years 3 Days 4 Days 4 Days
------------------------------------------------------------------------------
15 Years to 25 Years 4 Days 5 Days 5 Days
------------------------------------------------------------------------------
25 years And Over 6 Days 6 Days 6 Days
------------------------------------------------------------------------------
The word "year" in Paragraph 16.03 is understood by the parties to be the
period from December 1 through November 30.
(b) It is agreed that the Company at its discretion may investigate absence of
an employee before payment for absence is authorized. An employee is
expected to notify the Company in advance of his/her absence whenever
possible, to permit arranging for a replacement or rescheduling the work.
(c) Such payment will be made at the employee's regular base hourly rate in
effect at the time of the absence up to the number of hours in the
employee's regular workday. Absences will be charged against such payment
allowance in half day units. Days counted are those which fall within the
five (5) days of the employee's regular work week and in
accordance with Paragraph 5.02e. In case of an employee on a rotating or
continuous shift, payment will be made for time lost during the employee's
established five-day week.
(d) Reimbursement for absence will not be made for any day or days for which
weekly disability benefits are payable under the Xxxxxx Short Term
Disability Income Plan or under Worker's Compensation nor for which the
employee receives any type of monetary benefits from the Company. All
eligible employees must work at least one day after November 30 to receive
sick pay for that calendar year.
(e) Unused sick pay remaining as of November 30 up to a maximum of thirty (30)
days, may be carried forward to the following calendar year for use in the
event of approved absences due to personal illness. Hourly employees may
elect to be paid for a maximum of seven (7) unused sick days per calendar
year provided the employee elects to do so between December 1 and December
15 of the next year.
(f) All unused sick pay available to an employee will be paid upon the death,
retirement and indefinite layoff of such employee. In addition, unused sick
pay available to an employee will be paid "at the employee's option in the
event the employee observes a recognized holiday on a regular work day not
designated in Paragraph 14.01" or "in the event of a plant shutdown, other
than vacation shutdowns, of one week or more duration. In such cases the
amount of pay shall be limited to the regular work days lost (excluding
holidays) which occur during such plant shutdown or on such undesignated
recognized holiday(s)." An incentive paid employee will be paid for such
hours at his/her regular base rate excluding incentive earnings.
(g) The provisions of the Paragraph will not apply in the event
of any work stoppage, authorized or unauthorized, emergency send home, or
situations where fire, flood, explosion, bombing or earthquake cause damage
in the Plant which makes it impossible to resume work in the section in
which such employee works.
ARTICLE XVII
GENERAL PROVISIONS
Paragraph 17.01, APPLICATION OF AGREEMENT: This Agreement shall supersede all
prior agreements between the parties. The attached Letters Of Agreement are
hereby adopted as a part of this Agreement. The Union and the Plant Management
may mutually agree to modify or change such letters of agreement, but such
changes shall not deprive employees of any benefits of this Agreement.
Paragraph 17.02, EFFECT OF INVALIDITY, ETC.: If any Paragraph, clause, sentence
or other part of this Agreement is, for any reason, held to be invalid or
unenforceable in any respect, such a decision shall not affect the remaining
portions of this Agreement which shall continue in full force and effect.
Paragraph 17.03, RULES FOR GIVING NOTICE, ETC.: Any notice provided for in this
Agreement will be properly given if, given to the local Union, it is in writing
and addressed to the local Union Secretary at local Union Headquarters, if given
to the Company it is addressed to the Mountaintop Human Resources Manager at his
office in the local Plant, and if given to an employee, is addressed to the last
address furnished by such employee to the Company in writing, and is delivered
by registered mail, or is delivered in person and duly acknowledged in writing.
Paragraph 17.04, RULES FOR NEW PRODUCTS AND JOB BREAKDOWN: When a job is broken
down or, in the case of new products coming into the Plant, the rates will be
established in accordance with the rates of occupational classifications and job
descriptions existing in the Plant for work of the same or similar skill. The
rates shall be so established irrespective of whether men or women are employed
on such jobs.
Paragraph 17.05, EFFECT OF DEFAULTS OR WAIVERS: No default under, or waiver of,
any provisions of this Agreement by either Party hereto shall be deemed to be a
continuing default or waiver, and shall not constitute a binding precedent for
the future.
Paragraph 17.06, UPGRADING: When opportunities for upgrading to jobs present
themselves, the general principle of upgrading shall be practiced and the
greatest skill possessed by an employee shall be utilized by the Company.
Seniority shall be a factor in consideration for upgrading and sex shall be
neither a qualification nor a restriction.
Paragraph 17.07, UPGRADING PRIVILEGES FOR REINSTATED VETERANS: A veteran may
request that he/she be given the rate and the job which he/she would in all
probability have attained if he/she had remained in the continuous service of
the Company during his/her period of military service, and upon receipt of such
request, the Company shall give him/her such rate and job, provided that
employees with greater seniority shall not be affected.
Paragraph 17.08, EMERGENCY SEND-HOME: In case of machine breakdown or lack of
material and where the interchanging of employees is not practicable and
consistent with efficient operation, the Company shall have the right to send
home employees on the jobs affected without pay in any department of any plant
without recourse to the seniority provisions of this Agreement, provided,
however, that no employee may be sent home in such emergency for more than four
(4) working days in any two week period or ten (10) working days in any 26 week
period, including the week in which the proposed send home will occur. Beyond
this, the seniority provisions of this Agreement shall apply. The number of
hours paid for under the provisions of Paragraph 4.09 shall not be included in
the computation of emergency send home for any employee.
Paragraph 17.09, OCCUPATIONAL DESCRIPTIONS: During the term of this Agreement,
the Company agrees to furnish in writing to the Union, Occupational Descriptions
in such occupations as are governed by the Bargaining Unit and in effect at the
time of this Agreement.
Paragraph 17.10, REST PERIODS: The practice of giving rest periods shall
continue wherever this is in effect at the present time.
Paragraph 17.11, VENDOR'S PLANT ON STRIKE: The Parties agree to discuss any
situation which may arise in connections with orders placed by the Company with
a Plant whose employees are on strike. The Union will take into account
conditions where the Company cannot control the source of supply or services. It
is also understood that no questions shall be raised by the Union with regard to
any work or materials arising from orders placed by the Company before the
commencement of any strike.
Paragraph 17.12, PRODUCTION WORK: Employees who are excluded from the
jurisdiction of the Bargaining Unit shall not perform work normally performed by
employees in the Bargaining Unit.
Paragraph 17.13, TERM AND NOTICE OF TERMINATION: This Agreement shall continue
in full force and effect to and including December 1, 2001, and thereafter be
automatically renewed from year to year unless notice in writing shall be given
by either party to the other of changes desired in the Agreement or of its
termination at least sixty (60) days prior to the end of its current term.
ARTICLE XVIII
AMENDMENTS AND MODIFICATIONS
Paragraph 18.01, NOTICE OF CHANGE: Either party may give written notice sixty
days prior to the expiration date of this Agreement, as defined in Paragraph
17.13 hereof, and sixty days prior to any subsequent anniversary date of this
Agreement of any proposed changes of this Agreement. The proposals in such
notice shall be presented as far as practicable in the language and form of
specific contract provisions. Negotiations on such proposed changes shall
commence not later than thirty days after the date of notice. If the parties do
not reach an agreement with respect to such proposals on or before said
expiration date, or on or before the subsequent anniversary date of the
Agreement, the first sentence of Paragraph 3.04 of the Agreement shall not be
applicable, but all other provisions of the Agreement shall continue in full
force and effect.
Paragraph 18.02, RULES FOR MAKING MODIFICATIONS IN MID-TERM: After this
Agreement has been signed, no provision may be altered in mid-term except by
mutual consent in writing between the Union and the Company, and only at a
Negotiating Conference of the respective Negotiating Representatives of the
Parties called for such purpose by the Parties and duly ratified by their
respective organizations.
The Parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any subject of matter not removed by law from the area
of collective bargaining, and that the understandings and agreements arrived at
by the Parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the Parties, for the life of this Agreement,
voluntarily and unqualifiedly waive the right, and each agrees that the other
shall not be obligated, except as otherwise specifically provided in this
Agreement, to bargain collectively with respect to any subject or matter
referred to or covered in this Agreement. Further, the Parties, for the life of
this Agreement, voluntarily and unqualifiedly waive the right, and each agrees
that the other shall not be obligated to bargain collectively with respect to
any subject or matter not specifically referred to or covered in this Agreement
even though such subject or matter may not have been within the knowledge or
contemplation of any of the Parties at the time this Agreement was negotiated or
signed.
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to
be executed by their duly authorized officers and representatives as o the day
and year first written above.
Xxxxxx Corporation Local Union No. 177
International Union of Electric
Electrical, Salaried, Machine And
Furniture Workers, AFL-CIO
By Company Negotiating Committee By Local Union 177 Negotiating
Committee
X. X. Xxxxxx X. Xxxxxxxx
X. X. Xxxx X. Xxxxxx
X. X. Xxxxx X. Xxxxxxxx
X. X. Xxxxxx X. Xxxxxxxxx
X. Xxxxxxxxxxxx
--------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
HOURLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 9, 1998
--------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE MIN. 4 WEEKS 8 WEEKS 12 WEEKS MAX.
--------------------------------------------------------------------------------------------------------------------------
4 202 Production Associate 11.81 11.94 12.06 12.18 12.30
--------------------------------------------------------------------------------------------------------------------------
8 208 Utility Associate 12.25 12.38 12.50 12.63 12.76
209 Fabrication Specialist
--------------------------------------------------------------------------------------------------------------------------
9 206 Equipment Repairer 12.81 12.94 13.07 13.21 13.34
--------------------------------------------------------------------------------------------------------------------------
10 210 Fabrication Support Specialist 13.04 13.17 13.31 13.44 13.58
--------------------------------------------------------------------------------------------------------------------------
11 213 Maintenance Electrician 14.09 14.25 14.39 14.53 14.68
215 Maintenance Mechanic
--------------------------------------------------------------------------------------------------------------------------
13 216 Tool & Die Maker 15.72 15.88 16.04 16.21 16.37
--------------------------------------------------------------------------------------------------------------------------
"Weeks" as used herein shall be computed from the date of hire except that any
change which would normally become effective as of Monday, Tuesday or Wednesday
of any payroll week shall become effective as of Monday of the same payroll
week, while any change which occurs on a Thursday, Friday, Saturday or Sunday of
such payroll week shall become effective on Monday of the subsequent payroll
week.
-------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
NEW HIRE HOURLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 9, 1998
--------------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE START 6 MONTHS 12 MONTHS 18 MONTHS 24 MONTHS
--------------------------------------------------------------------------------------------------------------------------------
4 202 Production Associate 9.45 10.04 10.63 11.22 11.81
--------------------------------------------------------------------------------------------------------------------------------
8 208 Utility Associate 9.80 10.41 11.03 11.64 12.25
209 Fabrication Specialist
--------------------------------------------------------------------------------------------------------------------------------
"Weeks" as used herein shall be computed from the date of hire except that any
change which would normally become effective as of Monday, Tuesday or Wednesday
of any payroll week shall become effective as of Monday of the same payroll
week, while any change which occurs on a Thursday, Friday, Saturday or Sunday of
such payroll week shall become effective on Monday of the subsequent payroll
week.
--------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
MAINTENANCE MECHANIC APPRENTICESHIP PROGRAM
EFFECTIVE NOVEMBER 9, 1998
-------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE START 1 YEAR* 2 YEARS* 3 YEARS*
-------------------------------------------------------------------------------------------------------------------------
1 301 MAINTENANCE 70% OF 80% OF 90% OF 100% OF
MECHANIC CURRENT CURRENT CURRENT CURRENT
APPRENTICE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE
MECHANIC MECHANIC MECHANIC MECHANIC
HOURLY WAGE HOURLY WAGE HOURLY WAGE HOURLY WAGE
-------------------------------------------------------------------------------------------------------------------------
*CHANGE OF RATE WILL OCCUR ONLY IF APPRENTICE PASSES SKILL CERTIFICATION.
-------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
HOURLY WAGE RATE SCHEDULE
EFFECTIVE DECEMBER 6, 1999
----------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE MIN. 4 WEEKS 8 WEEKS 12 WEEKS MAX.
----------------------------------------------------------------------------------------------------------------------------
4 202 Production Associate 11.81 12.42 12.54 12.67 12.79
----------------------------------------------------------------------------------------------------------------------------
8 208 Utility Associate 12.25 12.88 13.00 13.14 13.27
209 Fabrication Specialist
----------------------------------------------------------------------------------------------------------------------------
9 206 Equipment Repairer 13.32 13.46 13.59 13.74 13.87
----------------------------------------------------------------------------------------------------------------------------
10 210 Fabrication Support Specialist 13.56 13.70 13.84 13.98 14.12
----------------------------------------------------------------------------------------------------------------------------
11 213 Maintenance Electrician 14.65 14.82 14.97 15.11 15.27
215 Maintenance Mechanic
----------------------------------------------------------------------------------------------------------------------------
13 216 Tool & Die Maker 16.35 16.52 16.68 16.86 17.02
----------------------------------------------------------------------------------------------------------------------------
"Weeks" as used herein shall be computed from the date of hire except that any
change which would normally become effective as of Monday, Tuesday or Wednesday
of any payroll week shall become effective as of Monday of the same payroll
week, while any change which occurs on a Thursday, Friday, Saturday or Sunday
of such payroll week shall become effective on Monday of the subsequent payroll
week.
----------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
HOURLY WAGE RATE SCHEDULE
EFFECTIVE DECEMBER 4, 2000
-----------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE MIN. 4 WEEKS 8 WEEKS 12 WEEKS MAX.
-----------------------------------------------------------------------------------------------------------------------------
4 202 Production Associate 11.81 12.92 13.04 13.18 13.30
-----------------------------------------------------------------------------------------------------------------------------
8 208 Utility Associate 12.25 13.40 13.52 13.67 13.80
209 Fabrication Specialist
-----------------------------------------------------------------------------------------------------------------------------
9 206 Equipment Repairer 13.85 14.00 14.13 14.29 14.42
-----------------------------------------------------------------------------------------------------------------------------
10 210 Fabrication Support Specialist 14.10 14.25 14.39 14.54 14.68
-----------------------------------------------------------------------------------------------------------------------------
11 213 Maintenance Electrician 15.24 15.41 15.57 15.71 15.88
215 Maintenance Mechanic
-----------------------------------------------------------------------------------------------------------------------------
13 216 Tool & Die Maker 17.00 17.18 17.35 17.53 17.70
-----------------------------------------------------------------------------------------------------------------------------
"Weeks" as used herein shall be computed from the date of hire except that any
change which would normally become effective as of Monday, Tuesday or Wednesday
of any payroll week shall become effective as of Monday of the same payroll
week, while any change which occurs on a Thursday, Friday, Saturday or Sunday of
such payroll week shall become effective on Monday of the subsequent payroll
week.
-----------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------
MOUNTAINTOP PLANT
HOURLY WAGE RATE SCHEDULE
EFFECTIVE DECEMBER 3, 2001
--------------------------------------------------------------------------------------------------------------------------
L.G. OCC.# OCCUPATION TITLE MIN. 4 WEEKS 8 WEEKS 12 WEEKS MAX.
--------------------------------------------------------------------------------------------------------------------------
4 202 Production Associate 11.81 13.44 13.56 13.71 13.83
--------------------------------------------------------------------------------------------------------------------------
8 208 Utility Associate 12.25 13.94 14.06 14.22 14.35
209 Fabrication Specialist .
--------------------------------------------------------------------------------------------------------------------------
9 206 Equipment Repairer 14.40 14.56 14.70 14.86 15.00
--------------------------------------------------------------------------------------------------------------------------
10 210 Fabrication Support Specialist 14.66 14.82 14.97 15.12 15.27
--------------------------------------------------------------------------------------------------------------------------
11 213 Maintenance Electrician 15.85 16.03 16.19 16.34 16.52
215 Maintenance Mechanic
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13 216 Tool & Die Maker 17.68 17.87 18.04 18.23 18.41
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"Weeks" as used herein shall be computed from the date of hire except that any
change which would normally become effective as of Monday, Tuesday or Wednesday
of any payroll week shall become effective as of Monday of the same payroll
week, while any change which occurs on a Thursday, Friday, Saturday or Sunday of
such payroll week shall become effective on Monday of the subsequent payroll
week.
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