19
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
ARROWHEAD GRATING & METALWORKS
DIV OF XXXXX CORPORATION
AND
OPERATING ENGINEERS LOCAL NO. 101
EFFECTIVE FROM
DECEMBER 8, 1997
THRU
DECEMBER 7, 2001
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TABLE OF CONTENTS
ARTICLE I - RECOGNITION 1
ARTICLE II - MANAGEMENT 3
ARTICLE III - UNION SECURITY 4
ARTICLE IV - WAGES 5
ARTICLE V - SENIORITY 8
ARTICLE VI - HOURS OF WORK 11
ARTICLE VII - HOLIDAYS 13
ARTICLE VIII - VACATIONS 14
ARTICLE IX - JURY DUTY 15
ARTICLE X - SICKNESS ABSENCE ALLOWANCE 16
ARTICLE XI - HEALTH INSURANCE 17
ARTICLE XII - NON DISCRIMINATION 17
ARTICLE XIII - BULLETIN BOARD 18
ARTICLE XIV - PENSION 18
ARTICLE XV - NO STRIKE - NO LOCKOUT 19
ARTICLE XVI - NOTIFICATION 19
ARTICLE XVII - LEAVE OF ABSENCE 19
ARTICLE XVIII - FUNERAL LEAVE 20
ARTICLE XIX - ATTENDANCE & TARDINESS 20
ARTICLE XX - GRIEVANCE AND ARBITRATION PROCEDURE 22
ARTICLE XXI - ON THE JOB INJURY 24
ARTICLE XXII - CREDIT UNION 24
ARTICLE XXIII - SAFETY AND HEALTH 24
ARTICLE XXIV - FEDERAL AND STATE LAW 26
ARTICLE XXV - DISCIPLINARY ACTION 26
ARTICLE XXVI - TERMS OF AGREEMENT 27
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AGREEMENT
This agreement is made and entered into this ____ day of ______________, by
and between ARROWHEAD GRATING & METALWORKS, DIV. OF XXXXX CORP. hereinafter
called the "Company" and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO.
101, hereinafter called the "Union".
ARTICLE I - RECOGNITION
Section 1. The Company recognizes the Union as the sole, exclusive
representative of all full-time and regular part-time production and
maintenance employees including welder/fabricators, welder operators, machine
operators and material handlers employed by the Employer at its 0000 Xxxxx
Xxxxxx, Xxxxxxx, Xxxxxxxx facility EXCLUDING office clerical employees,
professional employees and guards and supervisors as defined by the Labor-
Management Relations Act of 1947, as amended.
Section 2. The Company agrees to notify the Union of its need for new
employees within the bargaining unit at the time these needs develop. The
Employer agrees to notify the Union on a monthly basis of all new hires and
terminations as they apply to the bargaining unit if any.
Section 3. THE COMPANY AGREES NOT TO HIRE ANY TEMPORARY EMPLOYEES TO DO
BARGAINING UNIT WORK, WHEN ANY REGULAR UNIT MEMBERS ARE ON LAYOFF.
Section 4. The purpose of this agreement is to provide orderly
collective bargaining relations between the Company and the Union, to provide
for peaceful adjustment of any differences which may arise between the
parties, to eliminate interruptions of work and interference with efficient
operation of the Company's business.
Section 5. The Company is obligated to negotiate with the Union on any
substantive change of any present terms or conditions of employment. The
Company agrees not to change any conditions of employment without first
bargaining with the Union.
Section 6. The Company agrees that Business Representatives of the Union
may visit the plant to check on complaints of the employees, with as little
interference to the work as possible, provided that visits are prearranged and
agreed to by the Company. Union meetings shall not be held on the Company's
premises.
Section 7. Shop stewards will have the right to discuss Union-Management
problems with union members during normal business hours so long as such
activities do not interfere with the normal operation and efficiency of the
Company and so long as each discussion is limited to one (1) union xxxxxxx and
one (1) employee with a duration of no more than five (5) minutes and no more
than two (2) meetings per day per xxxxxxx. The Company agrees to pay the shop
xxxxxxx his regular rate of pay for all meetings and discussions with
management, when such discussions occur during the xxxxxxx'x regular working
hours.
Section 8. An employee shall have a union representative present during
any meeting with management in which disciplinary action(s) of the following
nature are going to be implemented.
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X. Xxxxx and/or attendance related discipline involving either
suspension or termination as outlined in this agreement.
B. Discipline at level four (4) or level five (5) involving
suspension or termination as outlined in the Policy For Administration of
Discipline In The General Company Rules.
ARTICLE II - MANAGEMENT
Section 1. The management of the plant and the direction of the work
force including the planning, direction and control of plant operations; the
scheduling of work and the assignment of employees to such work; the right to
promote; the control and regulation of all equipment and other property of the
Company; to determine the means, methods, processes and schedules of
production; the determination of the products to be handled or manufactured;
to determine the location of the plants; the determination of ability on a
fair and equitable basis; to establish production standards and to maintain
operating efficiencies; the extent to which work required in the Company's
business shall be performed by employees covered by this Agreement; the
establishment and enforcement of reasonable rules of conduct and the right to
maintain discipline and efficiency of all employees on a fair and equitable
basis, are all rights vested with the Company. In addition, the determination
and establishment of any new or improved methods or facilities, the extension,
limitation, curtailment or cessation of operations, are rights vested with the
Company but the Company acknowledges its obligation to notify the Union
regarding any extension, limitation, curtailment or cessation of operations.
It is further agreed that the listing of management prerogatives shall not be
interpreted as excluding other prerogatives not listed, and the Company
retains the right to exercise these and other prerogatives or functions of
management, which is not abridged by specific provision of this Agreement and
subject to the grievance and arbitration provision provided herein.
Section 2. The Company retains the right to hire, suspend, discharge,
discipline for proper cause, transfer and the right to relieve employees from
duty because of lack of work or other legitimate reasons, provided that in the
exercise of these rights the Company will not violate any of the terms of this
Agreement and subject to the grievance and arbitration provision provided
herein.
ARTICLE III - UNION SECURITY
Section 1. All present employees who are members of the Union on the
effective date of this Agreement shall remain members of the Union in good
standing as a condition of employment. All present employees who are not
members of the Union, and all employees who are hired thereafter, shall become
and remain members in good standing of the Union as a condition of employment
on or after the 91st day following the effective date of this Agreement,
whichever is later.
Section 2. The Union agrees that any request for the discharge of an
employee, for failure to comply with this Article, shall be in writing and
shall specify the reason for such request and also the fact that Union
membership was available to such employee on the same terms and conditions
generally available to other members.
Section 3. The Employer agrees, upon receipt of proper written
authorization from the individual employee, to deduct from the pay of the
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employee, on the last payday of each month, the monthly Union dues for the
following month, and to deduct initiation fees of a new employee upon receipt
of written authorization from that employee to do so. These deductions shall
be remitted to the Union on or before the 10th of each month. The Union
agrees to indemnify and hold harmless the Employer, and its successors, from
any and all loss, cost, and liability, damage or expense arising out of the
Employer's compliance with this check-off provision.
ARTICLE IV - WAGES
Section 1. All current employees, effective with this Agreement shall
earn hourly wages, plus applicable premiums, in accordance with the attached
wage table based on classification and tenure.
Section 2. The following adjustments and/or premium apply to the rates
in Section 1.
A. A premium of forty-five cents (.45) per hour for the second
shift and sixty cents (.60) per hour for the third shift shall be paid for
work performed on these respective shifts.
B. A premium of thirty-five cents (.35) per hour shall be paid to
any company designated employee or employees within the bargaining unit who
maintains a chauffeur's license at the Company's request for the purpose of
driving Company vehicles at the Company's discretion.
C. A premium of twenty-five cents (.25) an hour shall be paid to
employees who are qualified by the Company to serve as welder operators at the
Company's discretion. Such employees will be paid full welder operator pay
when they are, in fact, serving in said capacity.
Section 3. The above rates of pay are minimum. The Company, employee
and the Union may negotiate higher wage rates for an individual because of the
employee's skill, attitude, or ability to perform their duties. Any wage
raise negotiated will be replied on within ten (10) calendar days.
Section 4. If, during the term of this agreement new job classifications
are created, the Company may determine the rate of pay for the new
classification for the purpose of implementing the classification but must
notify and negotiate with the Union the rate of pay.
If a higher rate of pay is negotiated then the differential will be
retroactively due to subject employees to the date the new classification and
rate of pay was implemented.
Section 5. In the event an employee is transferred, or assumes the
duties of a higher paid classification for two (2) or more hours in any work
day, he shall receive the rate of the higher classified job for the remainder
of that day.
Section 6. The Company, at its sole discretion, can designate any
employee to serve as a leadman at the Company's convenience. The Company will
pay a premium of seventy-five cents (.75) an hour for the hours worked as a
leadman.
Section 7. The Company will make good faith effort to have paychecks
ready by 1:30 p.m. on the day following the end of the pay period. Second and
third shifts will be allowed to pick up their checks at this time or any time
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thereafter.
Section 8. All pay increases in this Article shall be in effect the day
on which the increase falls.
Section 9. Any employee covered by this Agreement and now receiving more
than the above scale of wages shall not suffer any reduction in said scale of
wages.
Section 10. If any employee changes classifications to a higher rated
job on a permanent basis, he or she shall be positioned on the wage schedule
in the new classification at the first point he or she would receive a wage
increase from the previous classification.
Effective 12/8/97
thru 12/7/98 Start 90 Day 1 Year 2 Year 3 Year
----------------- ----- ------ ------ ------ ------
FORGEWELD 8.21 9.94 10.71 11.63 13.32
WELDER/FABRICATOR 7.65 9.34 10.14 11.01 12.74
MACHINE/OPERATOR 6.87 8.08 9.11 10.01 11.75
MATERIAL HANDLER 6.42 7.73 8.66 9.40 11.10
Effective 12/8/98
thru 12/7/99 Start 90 Day 1 Year 2 Year 3 Year
----------------- ----- ------ ------ ------ ------
FORGEWELD 8.45 10.23 11.03 11.97 13.71
WELDER/FABRICATOR 7.87 9.62 10.44 11.34 13.12
MACHINE/OPERATOR 7.07 8.32 9.38 10.31 12.10
MATERIAL HANDLER 6.61 7.96 8.91 9.68 11.43
Effective 12/8/99
thru 12/7/2000 Start 90 Day 1 Year 2 Year 3 Year
----------------- ----- ------ ------ ------ ------
FORGEWELD 8.70 10.53 11.36 12.32 14.12
WELDER/FABRICATOR 8.10 9.90 10.75 11.68 13.51
MACHINE/OPERATOR 7.28 8.56 9.66 10.61 12.46
MATERIAL HANDLER 6.80 8.19 9.17 9.97 11.77
Effective 12/8/2000
thru 12/7/2001 Start 90 Day 1 Year 2 Year 3 Year
------------------- ----- ------ ------ ------ ------
FORGEWELD 8.87 10.74 11.58 12.56 14.40
WELDER/FABRICATOR 8.26 10.09 10.96 11.91 13.78
MACHINE/OPERATOR 7.42 8.73 9.85 10.84 12.70
MATERIAL HANDLER 6.93 8.35 9.35 10.16 12.00
ARTICLE V - SENIORITY
Section 1. For purposes of this Agreement, seniority shall be determined
by the length of continuous time in the bargaining unit.
Section 2. In all matters of employee's selections, seniority shall
prevail at all times. This provision shall not be inconsistent with any of
the express terms of this agreement.
Section 3. Employees shall be in a probationary period for their first
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ninety (90) days of employment, provided that the Company may extend the
probationary period to one hundred twenty (120 days by written notice sent to
the Union between an employee's sixtieth (60th) and ninetieth (90th) day of
employment. Probationary employees may be discharged or disciplined without
recourse to the grievance and arbitration provisions of this Agreement. All
other provisions of the Agreement shall apply during their probationary
period. Once a probationary employee successfully completes the probationary
period, he shall be a regular employee for purposes of Article I, Section 3.
Section 4. When an opening occurs within the bargaining unit of the
employees coming under the jurisdiction of the Union, the Employer will post
the opening for a period of three (3) working days. Any employees within the
bargaining unit desiring to bid on such opening shall write the employee's
name and seniority status on the notice. The union shop xxxxxxx may sign a
job bid posting for an employee in the bargaining unit while such employee is
on vacation. Within one (1) week thereafter, the opening will be awarded to
the senior employee bidding. When the position opening is one for which there
are not any prerequisite qualifications, the senior employee awarded the bid
will have ten (10) days to establish that he can satisfactorily perform the
available work as determined by the Company. When the position opening is one
for which prerequisite qualifications are mandatory then the employees who bid
will be tested in sequence of seniority and the bid awarded to the senior
employee who qualifies. After the bid is awarded, the qualifying employee
will have thirty (30) days to establish that he can satisfactorily perform the
available work as determined by the Company. Once a bid has been awarded to
the senior (qualifying) employee that employee shall be paid that
classification of pay no later than one week, five (5) working days, from the
date the bid was awarded.
Section 5. During the thirty (30) day period immediately following the
awarding of the bid, both the Employer and the employee have the option of
voiding the bid, at which time the job will be re-posted as provided for in
this Article. During the training period (30 calendar days) no discipline
shall be assessed for performance or production standards.
Section 6. Any reduction in the work force or recall from lay-off shall
be in accordance with seniority, subject to the senior employee being able to
perform the available work satisfactorily as determined by the Company.
Section 7. Any regular employee covered by this Agreement who has been
laid off shall maintain recall rights by seniority for a period of twelve (12)
months.
Section 8. Continuous service and seniority shall be broken and
employment relationship terminated when an employee:
1. Quits.
2. Is discharged for just cause.
3. Fails to report for work without good and sufficient cause after
a lay-off within seven (7) days after being notified to return by certified
letter to his last known address.
4. Is off work due to a lay-off because of lack of work in excess
of twelve (12) months.
5. Fails to return to work on schedule following a vacation or
authorized leave of absence without good and sufficient cause.
6. If, for any reason, is absent from work for a period of two (2)
consecutive working days without notifying the Employer where it would have
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been possible to give such notice.
7. Retirement.
Section 9. An up-to-date seniority list will be kept posted in the
plant. Any employee appearing on revised lists, who did not appear on the
previous list, must file objections within two (2) weeks after the lists have
been posted.
Section 10. Employees must keep the Company advised of their current
mailing addresses and phone numbers, and changes thereof must be given to the
Company, in writing, and the Company shall be entitled to rely upon the
addresses and phone numbers shown on its records.
Section 11. Inability to work because of proven illness or injury shall
not result in the loss of seniority rights for a period of one (1) year for
off-the-job injury or sickness (after expiration of vacation time), and two
(2) years in event of compensable injury (after expiration of vacation time).
The employee shall be required at not more than 3-month intervals to provide
proof of his inability to work as a result of the injury or illness.
Section 12. Supervisory employees shall have no seniority in the
bargaining unit unless they are promoted from the bargaining unit; in this
event, their seniority shall expire after sixty (60) days in a supervisory
capacity.
ARTICLE VI - HOURS OF WORK
Section 1. Eight (8) hours shall constitute a work day. Forty (40)
hours shall constitute one week's work. Five (5) consecutive days of Monday
through Friday shall constitute a normal work week.
Section 2. Only hours worked, or paid, count toward the forty hour
total. Any time worked in excess of forty (40) hours in any work week shall
be paid at the rate of time and one-half (1-1/2), with the exception of paid
sick leave days themselves or time worked in excess of forty (40) hours when
the forty (40) hours includes paid sick leave time. In these instances, the
time in excess of forty (40) hours will be paid at straight time rates.
Section 3. Any employee who is scheduled to work and reports for work
will receive a minimum of four (4) hours reporting pay at the applicable rate
of pay except in cases of emergency, such as major breakdown, power failures,
acts of God.
Section 4. Any work performed in excess of fifty-two (52) hours in any
work week shall be paid at the rate of double time (2). Only hours actually
worked or paid as defined in Section Two (2) of this article count toward the
fifty-two (52) hour total.
Section 5. Any work performed on Sunday will be paid at the rate of
double time (2).
Section 6. Regular shifts shall be established and it shall be a
violation of this Agreement to change shifts in order to avoid payment of
overtime. Third shift will start prior to Monday A.M. first shift.
Section 7. In the event that it becomes necessary to implement new
shifts, the Company must post the new shift requirements for three (3) days,
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and men may protect themselves with their seniority and qualifications.
Section 8. Notice for any complete shift mandatory overtime will be
given by the end of shifts on Thursday or by the end of the third (3rd) shift
on Wednesday if such shift exists. Overtime and/or premium pay will not be
pyramided. Where work performed is within two (2) or more overtime and/or
premium pay classifications, only the highest single overtime or premium rate
will be paid for such work.
Section 9. In the event any employee(s) are directed with less than
seventy-two (72) hours notice to return to work a third (3rd) shift after
having worked the preceding first (1st) shift they will be paid at the rate of
double (2) time for the third (3rd) shift. This double (2) time pay allowance
is not applicable to employee(s) working a second (2nd) shift and being
required to return to work the first (1st) shift of the next work day.
ARTICLE VII - HOLIDAYS
Section 1. The following holidays shall be allowed with eight (8) hours
pay for all employees: New Year's Day, Good Friday, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, the Day after Thanksgiving Day,
Christmas Eve Day, Christmas Day, and New Year's Eve Day. All holiday pay
shall include shift differential.
Section 2. Any employee who works on any of the above-mentioned holidays
shall receive time and one-half (1-1/2) his regular hourly rate plus any
applicable shift differential for all hours worked on that holiday, in
addition to his eight (8) hours holiday pay.
Section 3. To be eligible for the Holiday pay, an employee must work
their scheduled day before and after the holiday unless either or both are
vacation days. Probationary employees are eligible for holiday pay after
thirty (30) calendar days of employment.
Section 4. Employees who are less than ten (10) minutes tardy at the
commencement of either the preceding or succeeding shift but who otherwise
work all of both shifts will retain their entitlement to full holiday pay.
Employees who miss more than ten (10) minutes but less than two (2) hours of
either the preceding of succeeding shift will retain entitlement to Holiday
pay but such pay will be reduced by the equivalent amount of work missed.
Employees who are more than two (2) hours late will be considered absent and
not eligible for Holiday pay.
Section 5. If a holiday falls on an employee's first day off, the day
preceding the holiday will be observed as the holiday; in the case of the
second day off, the day following the holiday will be observed as the holiday.
ARTICLE VIII - VACATIONS
Section 1. Employees shall receive vacation in accordance with the
following schedule subject to the total number of hours actually worked
during the year:
After one (1) years' employment - five (5) days paid vacation each year.
After two (2) years' employment - ten (10) days paid vacation each year.
After eight (8) years' employment - fifteen (15) days paid vacation.
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Section 2. For employees working less than a full year due to leave of
absence, layoff or other legitimate circumstances vacation shall be awarded as
follows:
Hours Worked Five Day Category Ten Day Category Fifteen Day Category
------------ ----------------- ---------------- --------------------
350 1 2 3
700 2 4 6
1050 3 6 9
1400 4 8 12
1750 5 10 15
Section 3. All vacation pay shall be based on a forty (40) hour week at
the regularly scheduled rate of pay plus any applicable premiums. Vacation
pay will be paid by separate check per pay period when a completed work week
is involved. Vacation pay will be paid prior to vacation, at employee's
option, where a full week is involved. When an employee takes a partial week
as vacation, if it is requested before the end of the preceding week, his
check will be available at the end of his last day worked.
Section 4. Upon separation, employees with more than one year of
employment will receive pro-rated vacation for any earned vacation due unless
the separation is discharge for just cause, or the employee failed to give two
weeks' notice for voluntary termination.
Section 5. The number of employees to be allowed off on vacation at any
one time shall be determined by the Company. Selection of individual
vacations periods shall be based upon seniority and convenience of plant
operations and shift bidding. All shift bidding will be completed by February
15 and approved by March 15 and will not be subject to cancellation.
Section 6. Employees who have earned vacation time can take one week's
vacation: i.e., five (5) work days, in one or more full day increments. An
employee who is entitled to one (1), two (2), or three (3) weeks' vacation
shall be permitted to take the same in one period if he so desires.
Section 7. Employees eligible for two (2) or three (3) weeks vacation
may, at their discretion, choose to be paid for up to one (1) weeks worth of
said vacation at the end of their vacation year. Unused or unpaid vacation
time cannot be carried forward into the next vacation year.
ARTICLE IX - JURY DUTY
Section 1. Any employee who loses time from work because of service on a
jury shall, upon presentation of a statement signed by an officer of the court
involved, signifying the time he so served on a jury, be paid his regular
straight-time rate of pay plus shift differential for the regular hours served
on jury duty, less the amount of jury pay received, it being understood the
employee will report to work immediately after being relieved from jury
service, if at least three (3) hours remain on the shift, so as to complete
the hours of work remaining within this working schedule. An employee who
works on the second shift and who, immediately prior to the start of his
shift, serves more than five (5) hours on jury duty shall not be required to
report for work that day. An employee working the third shift shall not be
required to work the shift immediately preceding jury duty, (eight (8) hours).
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ARTICLE X - SICKNESS ABSENCE ALLOWANCE
Section 1. Employees will be paid during absence on account of sickness
or injury on the following basis: After the 90 day probationary period and
through one (1) year of employment the employee is entitled to one (1) day of
sick leave. The second and third year of employment the employee is entitled
to two (2) days of sick leave per year. The fourth and fifth year of
employment the employee is entitled to three (3) days sick leave per year.
After the fifth year of employment the employee is entitled to five (5) days
sick leave per year. Sick leave will accumulate up to a maximum of fifteen
(15) days.
Section 2. The sixth (6th) through fifteenth (15th) days of accumulated
paid sick days cannot be used in one day increments but are to be used in the
event of catastrophic illness or injury. Illness or injury absence for days
six (6) through fifteen (15) must be excused for five (5) days or more.
Section 3. Paid sick leave shall commence on the first (1st) day of
illness or injury. Proper notification must be given as described in Article
XIX of this agreement. A proper doctor's certificate will be required as
defined in Section 4 of this Article for the 2nd day of paid sick leave and
all remaining eligible sick days. The doctor's certificate must be presented
on the first (1st) day of the employee's return to work for sick days two (2)
through fifteen (15), otherwise the absence will not be considered an excused
(paid) sick leave day and the provisions of Article XIX will apply.
Section 4. Proper doctor's certificate shall mean a certificate signed
by a Physician or an authorized representative that specifically states that
subject employee was unable to work because of medical reasons on the specific
date(s) that the subject employee was absent. A doctor is defined as being
any professional who is licensed for the purpose of servicing the physical and
mental health of human beings.
Section 5. This article does not apply to work related injuries covered
by Workmen's Compensation laws.
Section 6. Individually accumulated paid sick days under the preceding
agreement will be transferred on a one to one basis using the individual
account balances on the date that this agreement becomes effective.
Additional days of paid sick leave earned on employee anniversary dates
following the effective date of this agreement will be per this agreement.
Section 7. If an employee accumulates all fifteen (15) paid sick days he
may choose to sell five (5) of those sick days back to the company at one
third (1/3) of the employee's sick pay wages.
ARTICLE XI - HEALTH INSURANCE
Section 1. Employee contributions will be required for health, vision
and dental insurance. The following rates are effective through December 7,
1999.
Single $ 7.30 per week
Family $20.80 per week
In the 3rd and 4th years of this agreement, the Company may increase the above
rates a maximum of five percent (5%) each year.
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Section 2. Effective December 8, 1997, the Company vision plan shall be
in effect. Employee contributions are required in the amount of $1.11 per
month for each person the employee designates will be covered by the plan.
Section 3. The Company shall provide a $20,000 life insurance policy for
each employee. All premium costs shall be paid by the Company.
ARTICLE XII - NON DISCRIMINATION
Section 1. It is agreed that no employee or applicant for employment
shall be discriminated against by the Company or the Union because of race,
color, religion, sex, age or national origin, or by the Company because of
Union activities, provided this provision shall not preclude the Company from
taking disciplinary action against an employee engaged in Union activity where
such Union activity is in violation of this agreement.
Section 2. Where a noun or pronoun in this Agreement refers to gender,
it will be construed to mean either gender.
ARTICLE XIII - BULLETIN BOARD
Section 1. The Company agrees to provide an adequate bulletin board for
the use of the Union and shall permit the posting thereon of official Union
bulletins pertaining to the regular business of the Union, after prior
approval by the Company.
Section 2. The Union shall notify the Company of its employee
representative who will be authorized to post Union bulletins. Other
employees will not be authorized to post bulletins. Expired or outdated
bulletins are to be removed in a timely manner.
Section 3. The Company agrees to the posting of a copy of this Agreement
on the bulletin board space provided.
ARTICLE XIV - PENSION
Section 1. The Company agrees to implement payments to its selected
pension plan beginning with the first workday of this agreement, at the rate
of forty one cents (.41) per hour for each hour paid for or worked by all
eligible employees. Eligible employees to include those employees under
twenty-one years (21) of age. Payments will be made for each calendar quarter
for the term of this Agreement. The Company and Union agree that the Company
will develop and implement a new 401(k) plan as soon as practical. When the
401(k) plan is effective, the current plan will be discontinued, employee
accounts shall be rolled-over into the 401(k) plan and the Company shall
thereafter make the forty-one cent ($0.41) per hour contribution to the 401(k)
plan in accordance with its terms.
ARTICLE XV - NO STRIKE - NO LOCKOUT
Section 1. During the life of this Agreement there shall be no strikes
on the part of the Union or any lockouts on the part of the Company.
ARTICLE XVI - NOTIFICATION
Section 1. In the event of the lay-off of a regular employee covered by
this Agreement the Company shall give such employee as much notice as
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practical up to a minimum of two (2) full workdays.
ARTICLE XVII - LEAVE OF ABSENCE
Section 1. With the mutual agreement of the Union and the Employer, for
sound and valid reasons, including but not limited to illness or military
service, a leave of absence may be granted to any employee with ninety (90)
days or more of service. Extensions, if requested may be granted with the
mutual agreement of the Union and the Employer.
Section 2. Any employee returned from a leave of absence shall be
reinstated in his job classification with no loss in seniority rights except
that vacation and pay category benefits will not accrue during the leave of
absence period except that employees on leave of absence due to work related
medical reasons will maintain all seniority rights including accrual of
vacation and pay category benefits.
Section 3. Leaves of absence will be canceled if such employees take
another job except with mutual agreement of the partes.
Section 4. All employees requests for leaves of absence must be
submitted in writing. These requests must reflect the purpose of the
requested leave and the expected time frame of the requested leave. Request
for medical leaves of absence must be accompanied by a proper doctor's
certificate as defined in Article X, Section 4.
ARTICLE XVIII - FUNERAL LEAVE
Section 1. Should a death occur in the immediate family a regular, full
time employee, upon request, shall be granted a paid leave of absence of two
consecutive days to attend the funeral. Immediate family members which would
entitle employees to paid leave are defined as follows: current employee's
spouse, employee's full blood relative; mother, father, sisters, brothers,
sons, daughters, and grandparents. Further the employee shall be granted an
unpaid leave of absence of two consecutive days to attend the funeral of the
following family members: employee's current spouses mother, father, sisters,
brothers, sons and daughters.
Section 2. Employees are required to give the employer advance
notification to be eligible for funeral leave. Additional unpaid excused days
off may be granted at the sole discretion of the Company, upon request.
Section 3. Probationary employees are eligible for Funeral leave as
outlined in Section 1 of this article after 30 calendar days of employment.
ARTICLE XIX - ATTENDANCE & TARDINESS
The following program will apply to each employee from the effective date
of this agreement.
Section 1. For the purpose of this article an absence is failure to
report to work for a scheduled work shift later than two (2) hours after the
scheduled start of the shift or the leaving from a scheduled work shift except
in the following instances:
* Jury Duty
* Company Approved Education/Training
32
* Military Leave
* Leave of Absence
* Work related illness/injury
* Vacation
* Holiday
* When agreed to by the Company & Employee
Sickness when a proper Doctor's certificate is presented to the Company,
and the employee has available paid sick days as outlined in Article X of this
agreement.
All other absences will be classified as unexcused and administered as
outlined in Item B of Section 1.
A. Notification: Employees must notify their supervisor as soon as
they know they will be absent from work, but not later than the start of the
shift. Notification of absence after the start of the shift is improper
notification and is counted as two (2) incidents of absence. If the absence
will be for more than one (1) work shift, then daily notification is required
unless it is physically impossible for the employee to give such notice or he
is admitted to a hospital. Proper notification does not excuse the absence.
B. The following disciplinary procedure will be applied to measure
each employee from the effective date of this agreement on a twelve (12) month
basis.
No. of Incidents Action
---------------- --------------------------------------
3 Written Warning
4 Three (3) Day Suspension (Without pay)
5 Five (5) Day Suspension (Without pay)
6 Termination
Section 2. For the purpose of this article tardiness is timing in one or
more minutes late up to a maximum of two (2) hours late. Lateness of over two
(2) hours will be counted as absence.
A. Notification: Employees must notify their supervisor as soon as
they know they will be tardy but no later than 30 minutes after the start of
their shift. Failure to properly notify an employee's supervisor will be
counted as two (2) incidents of tardiness. Proper notification does not
excuse the tardiness.
B. Tardiness procedure for disciplinary action follows:
No. of Incidents Action
---------------- --------------------------------------
3 Written Warning
4 Three (3) Day Suspension (Without pay)
5 Five (5) Day Suspension (Without pay)
6 Termination
Section 3. Effective with this agreement, each employee's disciplinary
status level will continue per contract.
Section 4. Employees are eligible to earn an additional paid vacation
day at any time they have had perfect attendance for a continuous four (4)
33
month period. Perfect attendance is defined as no absences or tardies during
the period except for authorized holiday and vacation days. Four (4) months
is defined as 122 continuous calendar days. This additional vacation day will
be administered the same as regular vacation days as defined in Article VIII.
There is no limit to the number of extra vacation days that an employee may
earn.
ARTICLE XX - GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. Only grievances or disputes relating to the interpretation of
provisions of this contract are subject to the following grievance procedure:
A. The employee or the xxxxxxx shall present the grievance to the
employee's immediate supervisor within five (5) working days after the
grievance has first arisen.
B. If the grievance is not thus adjusted, then the grievance shall
be reduced to writing and presented to the Employer or its representatives for
adjustment through the xxxxxxx or through any authorized Union representative
within ten (10) working days after the grievance has first arisen.
C. If the matter is not settled within fifteen (15) working days
after the grievance is presented in writing as provided in (B) above, the
dispute or grievance shall be referred to arbitration. The arbitrator shall
be selected by agreement of the parties. In the event of inability to agree,
the selection of an arbitrator shall be made from a list of names furnished at
the request of either party to the Federal Mediation and Conciliation Service.
The arbitrator shall have no power to add to, or subtract from or modify any
of the terms of this Agreement. Expenses of the arbitrator shall be borne
equally by both parties. A valid decision of the arbitrator shall be borne
equally by both parties.
D. The time specified in this section shall be of the essence and
failure to take action as required within the time specified herein shall
result in the grievance being dropped and not subject to arbitration, unless
the time periods are waived by mutual agreement.
E. In case of question on the part of the Union Representative as
to the advisability whether to press for arbitration, the grievance shall be
taken before the Executive Board of the Local Union and they shall have final
authority in respect to any aggrieved employee covered by this Agreement, to
decline to process a grievance, complaint, difficulty or dispute further if,
in the judgment of the Executive Board such grievance or dispute lacks merit
or justified under the terms of this Agreement, to the satisfaction of the
Union Executive Board.
ARTICLE XXI - ON THE JOB INJURY
Section 1. When an employee is injured on the job and is required to
leave the plant to receive medical attention from a doctor or a nurse, the
employee will be paid a minimum of four (4) hours pay for that day. The
employee will be paid eight (8) hours pay for that day if his total time,
including the time to receive medical attention, exceeds four (4) hours.
Section 2. Section 1 is in effect provided the employee is directed not
to return to work that day by a qualified doctor or nurse. The employee is
required to secure a written report from the doctor or nurse concerning his
34
status. This report shall also record the time that medical treatment was
completed.
ARTICLE XXII - CREDIT UNION
Section 1. The Company agrees to make payroll deductions for the IUOE
Credit Union, upon proper authorization by the employee. Deductions must be
on a standard weekly amount basis. The Company will forward withheld funds to
the Credit Union on a weekly basis.
ARTICLE XXIII - SAFETY AND HEALTH
Section 1. Both the Company and the Union subscribe to and fully support
the purposes and principles of the Xxxxxxx-Xxxxxxx Occupational Safety and
Health Act of 1970. The Union agrees to support the Employer in the
enforcement of health and safety rules.
Section 2. The joint Company-Union Safety Committee will be co-chaired
by the plant manager and a member of the bargaining unit, chosen by the
membership. This committee will meet on the last Wednesday of each month for
the purpose of reviewing accidents and arriving at suggestions for accident
prevention. The committee shall then submit to the Company a written report
showing the recommendations of the Committee, together with a place to
designate acceptance, rejection or an alternative proposal. The committee can
also develop suggestions for additions and/or modifications to existing
Company Plant Safety Rules.
Section 3. The joint safety committee provided herein is empowered only
to recommend minimum safety rules and standards. In accordance with the
requirements of OSHA, the Company has exclusive responsibility to insure the
safety of its employees and their compliance with such safety rules and
standards.
Section 4. The Company will schedule up to twelve (12) meetings per
calendar year with a minimum of six (6) meetings. These meetings will be held
at the Company's convenience.
Section 5. Employees are responsible for compliance with Company safety
rules to include rules regarding the use of protective clothing and equipment.
Cost responsibility for protective clothing and equipment will be as follows:
ITEM INITIAL RESPONSIBILITY REPLACEMENT RESPONSIBILITY
------------------ ---------------------------- ----------------------------
Welding Hoods Employee Employee
Cutting Goggles Company Company (FWT)
Welding Lenses Company Company (FWT)
Safety Shoes/Boots Employee, with Company Employee with same allowance
allowance for metatarsal (FWT) but no sooner than
boots of 50% of cost when six (6) months
purchased from Company
supplier with a limit of
$45.00 if purchased elsewhere.
35
Safety Glasses Company, including Company (FWT) but no sooner
prescription type. Employee than three (3) mo on welder
responsible for prescription or six (6) on non-welders.
Hearing Protection Company Company (FWT)
Work Gloves* Employee Employee
Protective Masks Company Company
General Clothing Employee Employee
* Under any circumstance, when employees are working with a band saw,
pickled or oiled metal, the Company shall provide work gloves.
Section 6. FWT (Fair Wear and Tear) requires the employee to turn in the
"old" item in order to receive a replacement. Further, items that are still
usable will not be replaced. The Company will not replace items whenever the
employee has been found to be negligent. In cases of negligence replacements
will be at the employee's expense.
ARTICLE XXIV - FEDERAL AND STATE LAW
Section 1. Any provision of this Agreement which is or which should
become illegal or invalid by virtue of a final judgment of any court of
competent jurisdiction, or by enactment of state or federal stature, shall
thereupon become inoperative, and the remaining provisions of this Agreement
shall continue in full force and effect, and the parties shall thereupon
negotiate substitute provisions which are in conformity with applicable laws.
ARTICLE XXV - DISCIPLINARY ACTION
Section 1. All disciplinary action, excluding tardiness and attendance,
to be issued within ten (10) working days of this offense.
Section 2. The Company agrees to treat time clock violations, as defined
in the Company rules, separately from other rules violations for disciplinary
purposes. The following procedures will be applied to measure each employee's
discipline on the basis of each employee's own employment year.
Level Discipline
----- ----------------------
1 Verbal Warning
2 First Written Warning
3 Second Written Warning
4 Five Day Suspension
5 Termination
ARTICLE XXVI - TERMS OF AGREEMENT
Section 1. This Agreement shall remain in force and effect from December
8, 1997 through December 7, 2001, and shall continue in full force and effect
from year to year thereafter unless written notice of desire to change is
given by either the Union or Company within sixty (60) days prior to December
7, 2001 of any calendar year.
36
Entered into this _______ day of __________________, 1998.
Liberty, Missouri
ARROWHEAD GRATING & METALWORKS INTERNATIONAL UNION OF OPERATING
DIV OF XXXXX CORPORATION ENGINEERS, LOCAL NO. 101
By: ______________________________ By: ______________________________
By: ______________________________ By: ______________________________
