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Exhibit 10.12
Agreement
Dated November 29, 1995
between
[LOGO] [XXXX & XXXXXX, INC.]
CPD - XXXXXX/PITTSTON TOWNSHIP
and
United Paperworkers International Union
AFL-CIO
and
Xxxxxx/Pittston Township
Local Number 1448
[GRAPHIC OMITTED]
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INDEX
AGREEMENT ....................................................................1
The GENERAL PURPOSE of the AGREEMENT .........................................1
SECTION 1 -- Recognition ....................................................1
SECTION 2 -- Union Shop .....................................................2
SECTION 3 -- Union Dues Check-Off ...........................................2
SECTION 4 -- Hours of Work ..................................................4
SECTION 5 -- Overtime .......................................................8
SECTION 6 -- Holidays ......................................................13
SECTION 7 -- Vacation ......................................................17
SECTION 8 -- Wages .........................................................20
SECTION 9 -- Pension .......................................................26
SECTION 10 -- Seniority .....................................................27
SECTION 11 -- Wire and Felt Time ............................................39
SECTION 12 -- Reporting Time ................................................41
SECTION 13 -- Call Time .....................................................42
SECTION 14 -- Cessation of Work .............................................43
SECTION 15 -- Grievance Procedure ...........................................44
SECTION 16 -- Permission to Enter Plant .....................................47
SECTION 17 -- Sick Leave ....................................................47
SECTION 18 -- Industrial Leave ..............................................48
SECTION 19 -- General Leave .................................................50
SECTION 20 -- Health and Welfare Benefits ...................................51
SECTION 21 -- Funeral Leave .................................................54
SECTION 22 -- Jury Duty .....................................................54
SECTION 23 -- Miscellaneous .................................................55
SECTION 24 -- Maintenance Program ...........................................58
SECTION 25 -- Absenteeism Policy ............................................65
SECTION 26 -- Scheduling ....................................................66
SECTION 27 -- Change and Modification .......................................70
SECTION 28 -- Termination of Agreement ......................................70
SECTION 29 -- Changes in Writing ............................................71
APPENDIX 1: Company Rules ...................................................71
APPENDIX 2: Safety Rules ....................................................75
APPENDIX 3: Americans with Disabilities Act .................................78
APPENDIX 4: Substance Abuse Program .........................................78
APPENDIX 5: Declaration of Principles .......................................87
APPENDIX 6: Maintenance Department Restructuring ............................89
APPENDIX 7: 12 Hour Shift Schedule ..........................................89
APPENDIX 8: Material Support ................................................90
APPENDIX 9: Pension .........................................................91
APPENDIX 10: 401-K Plan .....................................................92
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AGREEMENT
A. This Agreement, made and entered into as of the 29th day of November 1995, by
and between Xxxx & Talbot Wis., Inc., with its place of business situated at
Xxxxxx in Lackawanna County, and Pittston Township, in Luzerne County,
Pennsylvania, party of the first part, hereinafter called the "Company", and the
United Paperworkers International Union, AFL-CIO, and Xxxxxx/Pittston Township
Local No. 1448 of the said United Paperworkers International Union, parties of
the second part, hereinafter called the "Union".
WITNESSETH:
THE GENERAL PURPOSE OF THE AGREEMENT
B. It is the mutual interest of the Company and the employees to provide for the
successful operation of the plant under methods which will further to the
fullest extent possible the economic welfare of the Company and of its
employees, the safety of its employees, economy of operation, quality and
quantity of output, cleanliness of the plant, purity and sanitary quality of its
products, and protection of property, materials, and supplies. It is recognized
by this Agreement to be the duty of the Company and the Union to cooperate
fully, individually and collectively, for the accomplishment of these ends.
SECTION 1
Recognition
The Company recognizes the United
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Paperworkers International Union and Xxxxxx/Pittston Township Local No. 1448,
United Paperworkers International Union and their International Representatives,
as exclusive representatives of all employees for the purpose of collective
bargaining, with the exclusions of the office workers, quality control 2
workers, all other persons working in a clerical or supervisory capacity, and
professional employees such as chemists.
It is understood that except as otherwise expressly set forth in this Agreement,
the right of the Company to manage its business, operations, and to prescribe
terms and conditions of employment shall be unimpaired. The failure of the
Company to exercise rights hereby reserved to it, or its exercising them in a
particular way, shall not be deemed a waiver of said rights or a waiver of its
rights to exercise them in some way not in conflict with the terms of this
Agreement.
SECTION 2
Union Shop
Under this Agreement, all employees eligible for membership in the Union must
maintain membership in the Union in good standing as a condition to continued
employment. All new employees shall be considered probationary employees until
the completion of ninety (90) working days. This probationary period may be
extended by agreement between Management and the Union for individual cases. At
the end of the first thirty (30) working days, all new employees shall become
members of the Union
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thereupon. New employees may be discharged or disciplined at the sole discretion
of the Company during this probationary period. The plant Management shall
cooperate with the Local Union in maintaining the above conditions.
SECTION 3
Union Dues Check-Off
A. The Company agrees, for and on behalf of the employees covered by this
Agreement, who voluntarily furnish the Company with a properly signed
authorization request; substantially in the form set forth below, to deduct the
initiation fee and regular monthly dues from the wages of these employees. Such
deduction will be made from the third pay 3 roll of each month, provided the
employee has received a minimum of forty (40) hours pay within said month.
B. Dues and initiation fee deductions for new employees will begin after thirty
(30) days of the probationary period have been completed.
C. The Local Union agrees to advise the plant Management in writing, signed by
the duly authorized officer of the Local Union, as to the initiation fee and
regular dues to be deducted, the name of the Financial Secretary of the Local
Union, the payee of said check and the address of which said funds shall be
forwarded together with a list of such employees from whom said initiation fee
and dues are deducted.
D. The Company agrees to submit to the Financial Secretary of Local No. 1448
once a
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month, a list of those employees separated from employment and a list of
new employees hired, together with their dates of hiring and separation.
VOLUNTARY ASSIGNMENT AND AUTHORIZATION FOR
DUES AND INITIATION FEE DEDUCTION: Xxxx &
Talbot, Wis., Inc. Xxxxxx and Pittston Township,
Pennsylvania
You are hereby authorized and directed to deduct from my wages an
initiation fee and, each month, for the duration of this Agreement, my regular
Union membership dues and to remit the amount so deducted to the Financial
Secretary of Local No. 1448, United Paperworkers International Union.
I reserve the right to revoke this authorization during the two (2) week
period preceding the next anniversary date. This authorization shall be
self-renewing thereafter from year to year, subject to revocation during the
said two (2) 4 week period preceding the anniversary date.
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SIGNATURE
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FINANCIAL SECRETARY LOCAL NO. 1448
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DATE
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E. The Union shall indemnify and save the Company harmless against any and all
claims, demands, suits, or other forms of liability that shall arise out of or
by reason of action taken or not taken by the Company for the purpose of
complying with any of the provisions of this Section, or in reliance of any
list, notice, or assignment furnished under any such provisions.
SECTION 4
Hours of Work
A. 1. The regular work week shall start at 7 a.m. Monday and end 7 a.m.
Sunday, except those operating on a 12-hour schedule which shall end
at 7 a.m. the following Monday.
2. The regular work day for non-shift workers shall consist of eight
(8) consecutive hours, excluding lunch time. The starting and
stopping time for non-shift workers shall be 7:00 a.m. to 3:30 p.m.
with one-half (1/2) hour for lunch time. Non-shift workers, when
scheduled for work on Holidays, will be scheduled on 5 a straight
eight (8) hour basis. The normal hours of the day shift jobs of
Quality Assurance, Stockroom, and Poly Specialist will be 7:00 a.m.
to 3:00 p.m.
3. The regular workday for `8-hour' shift workers shall consist of not
more than eight (8) consecutive hours (exclusive of
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the lunch period referred to in Paragraph C-1 of this section) in
any twenty-four (24) hour period. The regular workweek shall be five
(5) consecutive eight (8) hour days, Monday through Friday. The
starting and stopping time for 8-hour shift workers shall be: First
Shift, 7:00 am to 3:00 pm; Second Shift, 3:00 pm to 11:00 pm; Third
Shift, 11:00 pm to 7:00 am.
a. The regular workday for "12-hour" shift workers shall consist
of not more than twelve (12) consecutive hours (exclusive of
the lunch period referred to in Paragraph C-1 of this section)
in any twenty-four (24) hour period. The regular workweek
shall be not more than four (4) twelve (12) hour shifts,
Monday through Sunday. The starting and stopping time for
12-hour shift workers shall be: First Shift, 7:00 am to 7:00
pm; Second Shift, 7:00 pm to 7:00 am.
b. The following 12-hour schedule would be implemented in those
operations deemed continuous process, i.e., 24 hour, seven day
operations.
SCHEDULE: "12-HOUR" (2-2-3)
ROTATION: 4 TEAMS...1,2,3, and 4, WITH 2 TEAMS OFF AT ALL
TIMES...rotating from days to nights (shifts).
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The aforementioned 12-hour schedule is being conducted as a
trial on the basis that: the efficiency of operations as
determined by Management will not decrease including product
quality and employee safety. The initial trial period will be
6 months and will commence as soon as practical following the
conclusion of the work stoppage. At the end of the 6 month
trial period, the Company will poll those employees operating
under the 12-hour schedule to gain their feedback in helping
to determine the future application of the trial. Management
will make subjective judgements of the operations
effectiveness under this 12 hour schedule and may decide to
continue with this particular 12-hour schedule, to introduce
any other 12-hour schedule options, or to re-establish the
normal 7-day rotation at any time after consulting with the
Union.
4. The workday shall consist of all employees working on a three (3)
shift or 12-hour schedule, the work day shall consist of the
consecutive twenty-four (24) hour period beginning with the starting
time of the employee's shift, provided however, that in case of a
change of shift for the employ-
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ee's convenience or by reason of permanent promotion, the work day
prior to the change shall be considered to terminate immediately
before the starting time of the shift to which such employee is
changed.
5. In the case of all employees working the 8-hour shift schedule, the
work day shall consist of the consecutive twenty-four (24) hour
period starting at 7:00 a.m. provided however, that in the case of
change of shift for the Company's convenience, the work day
overlapping the change shall be considered to start with the
starting time of the employee's former shift.
B. 1. All Employees in the Maintenance Department working on a one (1)
shift basis will have a regular one-half hour lunch period to be
taken between the hours of 11:00 a.m. and 1:00 p.m.
2. Maintenance Department employees with the above specified regular
lunch period shall not be obligated to work through such period
except during emergencies. An employee working through the lunch
period or any part thereof shall be granted a reasonable length of
time, not to exceed one-half (1/2) hour in which to have lunch as
soon after the regular period as possible, with pay.
C. 1. Those employees working at CDC on an 8-hour schedule will be
provided with one (1) twenty (20) minute break for a lunch peri-
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od. It is understood that this period will be taken between 11:00a.m
to 1:30 pm for the First Shift; between 7:00 pm to 9:30 pm for
Second Shift; and between 3:00 am to 5:30 am for Third Shift. Those
employees working at CDC on a 12-hour schedule will be provided with
one(1) twenty (20) minute break for a lunch period using the
aforementioned lunch period schedule (above). In addition employees
who are working twelve(12) hours will be allowed one (1) ten
(10)minute rest period, given at times most conducive to efficient
plant operations. Employees who punch in/out for lunch at CDC will
be permitted one (1) rest period, given at times most conducive to
efficient plant operations, not to exceed ten 8 (10) minutes. Rest
periods will be given at times most conducive to efficient plant
operations.
2. Those employees working at Xxxxxx on an 8-hour shift schedule or a
12-hour shift schedule shall be given an opportunity to eat at a
reasonable time conducive to efficient plant operations. Employees
who punch in/out for lunch at Xxxxxx will be permitted one (1) rest
period, given at times most conducive to efficient plant operations,
not to exceed (10) minutes. Converting Department employees who work
the 8-hour schedule, will be granted one (1) twenty (20) minute rest
period.
D. It is mutually recognized by the Company
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and the Union that the Company has the prerogative of operating its plant
seven (7) days per week.
E. The provisions of this section shall not be construed as a guarantee that
any employee will receive any specific number of hours of work per day or
per week.
SECTION 5
Overtime
A. Time and one-half (1-1/2) the regular rate of pay shall be paid for the
following:
1. For all work performed over twelve (12) hours in any work day of
twenty-four (24) hours.
2. For all work performed in excess of forty (40) hours in any work
week.
B. Double time (2X) the regular rate of pay shall be paid for work performed
after 7:00 am Sunday and before 7:00 am Monday.
C. The Company agrees that there will be no layoffs or staggering of shifts
for the express purpose of keeping within the forty (40) hour week.
D. The Company will attempt to avoid undue overtime, however, the
opportunities for overtime shall be distributed among employees in the
department where such overtime occurs, provided the employee is qualified
to perform the duties of the job.
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Employees who are training on a job will not be eligible for overtime on
that job until the training is complete and they are qualified to perform
the job.
E. It is understood that there will be no pyramiding of overtime and premium
pay.
F. When an employee works any overtime in their own department during the
regular work week, or any overtime in a department other than their own,
such overtime shall have no bearing on the distribution of their weekend
overtime.
G. No double eight hour shifts will be worked when there are any employees
laid off, provided qualified employees are available to be called in. No
double 12-hour shifts will be required.
H. If there is an error in the posted rotation list assignments, the
aggrieved employee is responsible for bringing the error to the
Supervisor's or Scheduler's attention before the end of his or her shift,
otherwise, no grievance will be paid for the error. The employee will be
offered the next overtime opportunity for which s/he qualifies.
I. It is understood between the parties that the application of the time and
one-half rate (1.5X) for all work performed over forty (40) hours in any
work week, per
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Paragraph A-2 of this Section, shall apply after recording (calculating)
the actual time worked relative to "punching in late and punching out
early" under the Kronos Timekeeping System. For example, an employee who
"punched in" five minutes late each day of the week would have not worked
a total of twenty-five minutes for the week. Therefore, the time and
one-half overtime rate for over forty (40) hours would not apply in that
work week until the employee worked the twenty-five minutes to arrive at
forty (40) hours worked.
J. Filling Temporary Vacancies
A. When a temporary vacancy occurs on a shift, the following steps will
be utilized:
1. Decide whether or not to fill the vacancy in accordance with
Section 26 (Scheduling) and Appendix 5 (Declaration of
Principles).
2. In the event that an 8-hour vacancy is to be filled, it will
be filled as follows:
a. Qualified senior employees from the lay off list (Call
List).
b. Offer the employee waiting to be relieved a double.
c. Select the senior qualified employee from the sign-up
|sheet.
d. If none of the above employees accept the work, the
affected employee is required to work a double.
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3. In the event that a 12-hour vacancy is to be filled, it will
be as follows:
a. Qualified plant senior employees from the lay off list
(Call List) will be offered the assignment.
b. The most senior qualified 12-hour shift employee on his
day off who has not worked the preceding shift,
providing such opportunity will not result in his
working in excess of sixteen (16) hours, with the
understanding that any employee electing to refuse such
work will automatically drop to the bottom of the
rotation list.
c. If all 12-hour shift employees under the rotation list
as outlined in step 3b above are not available, the
employee waiting to be relieved may be required to work
an additional four (4) hours.
d. The eight (8) hour vacancy procedure outlined under 2
(above) will be followed to fill the vacancy.
4. When filling an 8-hour shift vacancy other than the first day
on an overtime basis, and no qualified employees on the layoff
list are available, it will be filled by scheduling the
employee in the classification on the preceding shift to work
four hours past his regular shift and the employee on the
succeeding shift to come in four hours early to work the last
half of the vacant shift.
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5. If employees who are responsible for covering the shift
vacancy agree to fill the vacancy by rescheduling their hours
of work, they may do so provided that there is no additional
cost to the Company as a result of the scheduling.
B. Weekend Work: When a Production Department is in operation.
1. Employees scheduled on the job, Monday-Friday, are required to
work Saturday. Sunday needs will be filled on a voluntary
basis.
This section shall not apply to employees working on what are
normally classified as seven-day continuous operations (i.e.,
12-hour shifts)
C. Weekend Work: When a department is not in production.
1. Post Saturday signup sheet for volunteers.
2. Volunteers will be selected using the following steps:
a. Plant senior qualified employees within such department
who are scheduled for less than 40 hours in that week
will be utilized for the available Saturday work.
b. Followed by qualified call list employees who have
worked less than 40 hours in that week.
c. Followed by plant senior qualified employees within such
department who have worked 40 hours in that week.
d. Followed by qualified call list
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employees who have worked 40 hours in that week.
3. Any available Sunday work within a department (exception
Converting), shall be rotated on a departmental seniority
basis with the understanding that any employee electing to
refuse such Sunday overtime will automatically drop to the
bottom of the rotation list. The 11:00 pm to 7:00 am and the
7:00 am shifts (from Saturday) are excluded, but the senior
names are to be kept at the top of the seniority list.
a. For the Converting Department, post a Sunday signup
sheet for volunteers. Plant senior qualified employee
within the Converting Department will be utilized.
4. Available Saturday and/or Sunday work, outside an employee's
own department will be given to the plant senior qualified
employees who are not otherwise scheduled to work. Plant
seniority may be 13 exercised on Saturday and/or Sunday in
filling any job not held Monday through Friday of the
scheduled work week provided all employees with department
seniority are working and more employees are required (CDC or
Plant 1).
D. Maintenance Overtime:
1. Paragraph A, will apply with the following exceptions:
a. Weekend overtime in the
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Maintenance Departments will be based on department
seniority and specialized skills within their assigned
work location (CDC or Plant 1).
b. If there is a problem at the end or during a shift,
which is not solved when the shift mechanics
(electricians) tour is over, he/she will stay until the
problem is solved or the Maintenance Manager or Shift
Supervisor calls another person in to relieve that
employee.
1. On Holidays, if there is a job or jobs that will
require more than a twelve (12) hour period, the
Company will make a good faith effort to call in
appropriate replacements from the sign up sheet.
The Company will also require at least one person
to stay on the job to provide continuity.
E. OT -- Oversight Committee:
1. An Oversight Committee comprised of two (2) management
representatives and two (2) union representatives chosen by
the respective parties and a Facilitator/Mediator will be
formed.
a. The committee's sole purpose is to resolve issues
relative to the application/ administration of the
contractual overtime provisions (i.e., this 14 committee
will not deal with individual grievances).
b. The committee, by agreement, is
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empowered to change and/or establish overtime procedures
consistent with the bargained intent of the overtime
provisions.
c. The committee will in no way interfere with either
parties' right to pursue an alleged overtime provision
violation through the entire grievance and arbitration
procedure.
F. Miscellaneous
1. A Converting Department sign up sheet will be posted daily on
each shift. Employees who want to work overtime at the end of
their shift must sign the daily sign up sheet no later than
one (1) hour from the end of the shift.
2. Paper Machine #3 and #4 shall each keep its own work week and
overtime. Qualified employees, if available, will be moved up
on shift on the same paper machine in covering temporary
vacancies and vacation relief, except as described under
Section 26-Scheduling, Paragraph P.
SECTION 6
Holidays
A. The Company will grant eight (8) hours regular rate of pay to
employees who have completed their probation period, when no work is
performed on the following Holidays:
New Year's Day -- 24 hour shutdown -- January 1st, 7:00 a.m. to
January 2nd, 7:00 a.m.
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Easter Sunday -- 24 hour shutdown -- 7:00 a.m. Sunday to 7:00 a.m.
Monday
Memorial Day -- 24 hour shutdown -- 7:00 a.m. Monday to 7:00 a.m.
Tuesday
July 4th -- 24 hour shutdown -- July 4th 7:00 a.m. to July 5th 7:00
a.m.
Labor Day -- 24 hour shutdown -- Monday 7:00 a.m. to Tuesday 7:00
a.m.
Thanksgiving Day -- 24 hour shutdown -- Thursday 7:00 a.m. to Friday
7:00 a.m.
Day after Thanksgiving -- 24 hour shutdown -- 7:00 a.m. Friday to
7:00 a.m. Saturday
December 24th -- 24 hour shutdown -- December 24th 7:00 a.m. to
December 25th 7:00 a.m.
December 25th -- 24 hour shutdown -- December 25th 7:00 a.m. to
December 26th 7:00 a.m.
December 31st -- 24 hour shutdown -- December 31st 7:00 a.m. to
January 1st 7:00 a.m.
Personal Holiday -- The Company must be notified in writing, at
least seven (7) days prior to the date that the employee desires to
observe a personal holiday. Exceptions to the
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foregoing may be made by the Supervisor for good and valid reasons.
It will be entirely within the discretion of the Company to
determine the number of employees permitted to observe a personal
holiday on the same day. Personal holiday pay will be compensated
only on the basis of straight eight (8) hours at the regular rate of
pay of the employee regardless of the day of the week on which the
employee observes such personal holiday. The Company must notify the
employee no less than three (3) days prior to the date requested off
as to whether the request is granted or denied. If more than one (1)
employee requests the same day off as a Personal Holiday,
consideration of the employees' request, consistent with the above
language, shall be in order of the employee's department seniority.
B. It is understood that the Company retains the option of scheduling
production work on any holidays with the exception of Christmas Eve,
Christmas Day, and Easter. When that option is exercised, it is
understood that the normally scheduled crews will come in on these
non-restricted holidays.
C. Maintenance employees will be scheduled to work on Holidays by
departmental seniority and qualified skills within their assigned
work location (CDC or Plant 1).
Requests for personal time off on a day by day basis for maintenance
employees, other
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than those who volunteered to work, will be granted following any
Holiday worked. The number of employees to be granted the day off
based on departmental seniority basis will be determined by the
Company. It is the intention of the Company to schedule a 7:00 a.m.
starting time for Holiday maintenance work, whenever possible.
D. To be eligible for Holiday pay, an employee must have worked their
last scheduled day before the Holiday and their first scheduled day
after the Holiday unless such employee is absent with the Company's
permission, absent because of a bona fide illness based on a
submission of proper approved medical certification; or absent for a
bona fide reason approved by the Company. Holiday pay will be
granted for all intervening Holidays on absences covering three (3)
days or more; up to six (6) months on occupational injury and ninety
(90) days on illness; based on submission of proper medical
certification. Holiday pay will be distributed to those eligible
employees on the pay day immediately following the return to work.
E. Employees with necessary seniority, who have been laid off in a
reduction of force and are called back to work within thirty (30)
days from the date of layoff, shall be eligible for Holiday pay for
any of the Holidays listed herein, which fall within the said thirty
(30) day period.
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F. All employees who work on any of the foregoing Holidays shall be
paid at the rate of double time their regular rate of pay for the
hours worked in addition to the eight (8) hours Holiday pay at the
regular rate of pay. Triple time will be paid for all work performed
over eight (8) hours on a given Holiday. Any Holiday not worked
shall be counted as eight (8) hours worked in computing overtime.
G. In the event that a holiday occurs on a Saturday and an employee
does not work on such Holiday, he or she shall be paid one and
one-half (1-1/2) times the regular rate of pay for the eight (8)
hours Holiday pay.
H. Any Holiday falling on Sunday will be celebrated on the following
Monday except for those operations on a twelve (12) hour schedule.
It is understood that with the exception of those operations on a
12-hour schedule, the Easter Sunday Holiday will be celebrated on
Easter Monday. Holiday pay for those employees on 12-hour operations
will be paid at the stipulated rate for the day in question.
Whenever December 24th and December 31st fall on Sunday, the
Holidays will be celebrated on the following Tuesdays for all
operations other than four 12-hour schedules. Triple the regular
rate of pay shall be paid for work performed on Easter Sunday.
I. If a holiday should fall during a vacation shutdown week the said
Holiday is to be celebrated on the following Monday for non-
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four (4) crewing operations only.
SECTION 7
Vacation
A. Vacation and vacation pay will be granted between May 1st of a given
year and April 30th of the following year, and shall be granted by
seniority within departments except the Converting Department which
shall be granted by departmental seniority within major operating
units, and for Maintenance employees, to include Shop Maintenance
and Converting Maintenance wherein vacation requests will be granted
based on Plantwide seniority within the department. A vacation week
is deemed to be seven (7) consecutive days beginning at 7:00 a.m. of
a given Monday and cannot be split into separate days except as
provided for in Paragraph I of this section. During the life of this
Agreement the Company will inform its employees, prior to January
15th, of any vacation shutdown plans affecting non-twelve (12) hour
operations. It is understood that any such shutdown week(s), as
determined by the Company, would occur between June 15th and
September 1st.
B. Vacation request forms will be issued no later than December 15th
and must be returned to the Company no later than January 15th with
the vacation schedule to be posted no later than March 15th. It is
agreed that vacation schedules will be so arranged as to provide
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that any eligible employee who requests his or her first and/or
second week of vacation during the last two (2) vacation weeks of
June or during the Months of July or August will be granted at least
one (1) vacation week during this period. It is understood, however,
that the employee is not guaranteed the particular week he or she
requests. This paragraph in no way affects the present method of
scheduling vacation according to departmental seniority.
C. Employees eligibility for vacation weeks will be determined on the
basis of his or her most recent date of hire.
D. Vacation requests for the first and second weeks shall take
precedence over requests for the third, fourth, and fifth vacation
weeks. All vacation weeks for eligible employees shall be compulsory
except as governed by Paragraph H of this section.
E. During the first year of an employee's seniority such employee must
have worked at least 1,700 hours during the vacation year to be
eligible for one (1) week vacation with pay; to be eligible for two
(2) weeks vacation with pay, such employee must have worked at least
forty-eight (48) full weeks.
F. After the first year of seniority, to be eligible for vacation and
vacation pay, an employee must have worked at least seven hundred
(700) hours out of the best six (6) months of
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the vacation year from May 1st to May 1st. Any employee having less than
seven hundred (700) hours after complying with the foregoing requirement
will be prorated accordingly. The first six (6) months of any absence
caused by injury in the course of employment or illness, shall be counted
as time worked for this purpose.
G. Effective 5/1/96 (based on 1995 qualifying hours), the vacation schedule
shall be amended to provide:
Vacation Credit Years Vacation Time Off Vacation Pay
--------------------- ----------------- ------------
1 1 week 48 hours
2 2 weeks 96 hours
8 3 weeks 144 hours
13 4 weeks 192 hours
20 5 weeks 240 hours
H. Any employee may elect to work during all or part of his or her vacation
period, provided that he or she obtains the consent of the Company and the
Union.
However, an employee who is eligible for four (4) or more weeks of
vacation may elect to receive pay for the 4th or 5th week of eligible
vacation in lieu of time off. If all or part of a vacation period is
worked, the employee shall receive his or her vacation pay for the period,
in addition, to his or her pay for any work performed in such period.
I. Employees with four (4) or more weeks of
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vacation may schedule one (1) of the additional weeks of vacation on a day
to day basis as long as they meet the same conditions set forth under
Section 6, Holidays, Personal Holiday. An 8-hour employee electing to take
one of their vacation weeks in days will be granted five days off and will
be paid at the employee's regular rate of pay for each day at eight (8)
hours per day for the first four (4) days; for the fifth (5) day, the
employee shall receive sixteen (16) hours pay at the employee's regular
rate of pay to provide for the weekly number of pay hours per Paragraph J
of this section. A 12 hour employee electing to take one of their vacation
weeks in days will be granted four (4) days 21 off and will be paid at the
employee's regular rate of pay for each day at twelve (12) hours per day
to provide for the weekly number of pay hours per Paragraph J of this
section.
1. Vacation by days may be taken only between September 1st and June
15th. Vacation by days will not be allowed between June 16th and
August 31st.
J. Vacation pay shall be computed on the basis of forty-eight (48) hours
total at the employee's regular rate of pay for each week.
K. An employee will be paid vacation pay at the highest regular rate of pay
that such employee has maintained for thirty (30) days during the vacation
year preceding the employee's first week of vacation or the rate of their
regular job just preceding the employee's requested week(s) of vacation,
whichever is
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higher.
L. Vacation pay shall be subject to such deductions as are normally made from
regular pay.
M. In the event of the death of an employee, his or her accrued vacation pay
will be paid to the beneficiary designated by such employee on his or her
individual Company Life Insurance Policy within the Limits described in
Xxxxxxx 00, Xxxxxxxxx X of this Agreement.
N. It is understood between the parties that the 3 and 4 Paper Machines will
have separate vacation schedules as long as only one job classification
from each machine is scheduled off at the same time.
SECTION 8
Wages
A. Management agrees to update all rate adjustments negotiated within the
past three years. The regular rate of pay will be as follows:
PAPER MACHINES Per Hour Effective
No. 4 Paper Machine 12/4/95 9/17/97 9/17/98
Machine Tender .................. 14.12 14.54 15.05
Back Tender ..................... 13.55 13.96 14.45
Third Hand ...................... 13.09 13.48 13.95
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Fourth Hand ..................... 12.82 13.20 13.66
Temporary Fifth Hand ............ 12.61 12.99 13.44
Per Hour Effective
No. 3 Paper Machine 12/4/95 9/17/97 9/17/98
Machine Tender .................. 14.15 14.57 15.08
Back Tender ..................... 13.50 13.91 14.40
Third Hand ...................... 13.10 13.49 13.96
Fourth Hand ..................... 12.89 13.28 13.74
Temporary Fifth Hand ............ 12.61 12.99 13.44
FIBER PREPARATION Per Hour Effective
DEPARTMENT 12/4/95 9/17/97 9/17/98
Stock Perparation
Operator ...................... 13.25 13.65 14.13
1st Asst. Stock Preparation
Operator ...................... 13.00 13.39 13.86
2nd Asst. Stock Preparation
Operator ...................... 12.75 13.13 13.59
Utility Operator Level 1 ........ 12.24 12.61 13.05
CONVERTING
DEPARTMENT
XXX Xxxxx 0, 0, 0, 0
Xxxxxx Xxxxxxxx ................. 12.82 13.20 13.66
Training Xxxxx 0 ................ 12.14 12.50 12.94
Training Xxxxx 0 ................ 11.76 12.11 12.53
XXX Xxxxx 0, 0, 0
Xxxxxx Xxxxxxxx ................. 13.14 13.53 14.00
Training Xxxxx 0 ................ 12.62 13.00 13.46
Training Xxxxx 0 ................ 11.95 12.31 12.74
FACIAL
Facial System Operator .......... 12.72 13.10 13.56
Facial Training Xxxxx 0 ......... 12.09 12.45 12.89
Facial Training Xxxxx 0 ......... 11.87 12.23 12.66
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NAPKIN LINES 1, 2
Napkin System Operator .......... 12.92 13.31 13.78
Napkin Training Xxxxx 0 ......... 12.41 12.78 13.23
INTERFOLDER
Interfolder Sys. Operator ....... 12.20 12.57 13.01
Interfolder Train. Lev. 1 ....... 11.89 12.25 12.68
Interfolder Packer
(non-progressive) ............. 11.80 12.15 12.58
NON-PROGRESSIVE
Corrugated Printer Operator ..... 12.15 12.51 12.95
Core Machine Operator ........... 12.10 12.46 12.90
MAINTENANCE Per Hour Effective
DEPARTMENT 12/4/95 9/17/97 9/17/98
Journey Maintenance ............. 13.01 13.40 13.87
Intermed. Maintenance "A" ....... 12.78 13.16 13.62
Intermed. Maintenance ........... 12.57 12.95 13.40
Junior Maintenance .............. 12.38 12.75 13.20
Maintenance Helper .............. 12.22 12.59 13.03
MATERIAL SUPPORT
DEPARTMENT
Poly Specialist ................. 12.35 12.72 13.17
Relief Poly Specialist .......... 12.35 12.72 13.17
Motor Operator .................. 12.35 12.72 13.17
Utility Motor ................... 12.07 12.43 12.87
DISTRIBUTION CENTER
ULF Motor Operator .............. 12.45 12.82 13.27
Distribution Specialist/
Spotter Driver .................. 12.35 12.72 13.17
Distribution Specialist ......... 12.27 12.64 13.08
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WASTE WATER TREATMENT/
INCINERATOR DEPARTMENT
Waste Water Treatment
Operator ................ 13.05 13.44 13.91
Incinerator Operator ............ 13.05 13.44 13.91
Incinerator Operator Relief ..... 12.27 12.64 13.08
Incinerator Helper .............. 11.95 12.31 12.74
Incinerator Helper Relief ....... 11.70 12.05 12.47
OPEN BID JOBS
Relief Corrugated Printer
Operator ................ 12.15 12.51 12.95
Core Machine Operator ........... 12.10 12.46 12.90
Stock Room Clerk ................ 12.02 12.38 12.81
Relief Stock Room Clerk ......... 12.02 12.38 12.81
Quality Assurance Clerk ......... 11.83 12.18 12.61
Relief Quality Assurance
Clerk ................... 11.83 12.18 12.61
Bundler Operator ................ 11.67 12.02 12.44
Per Hour Effective
MICELLANEOUS 12/4/95 9/17/97 9/17/98
Utility ......................... 11.62 11.97 12.39
B. Probationary employees will receive a rate of pay $2.00 per hour less than
the job they are working.
C. When new jobs are created (i.e., introduction of new machinery or
equipment), or when significant changes are made in the duties and/or
workload of existing jobs, the Company and the Union will meet within
sixty (60) days from the date the request is received ,unless mutually
agreed to extend the time limit, to negotiate the rate of the new job or
the rate of the existing job that
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has been substantially changed. If no agreement can be reached, the
Company will set the job rate; but such rate may be subject to
negotiations at the next general contract negotiations, and any change
agreed upon at that time will be made retroactive to employees then on the
payroll of the Company to such time as the Company and the Union shall
agree.
1. Such changes are limited to those occurring during the term of the
agreement.
2. Factors to be considered for a wage adjustment will be based upon
the following criteria: Manual skills, mental skills, experience,
physical effort, visual application, responsibility for materials,
responsibility for tools and equipment, direction of others,
responsibility for operations, safety of others, hazards, and
working conditions.
3. Significant net increases in a majority of the above criteria will
be required for consideration. Production will not be considered as
a criteria for consideration for a wage adjustment.
D. All employees will be paid for time spent in training on Company premises.
E. 8-hour shift workers will receive a shift differential above the regular
rate of pay for the job for the second (2nd) shift of thirty-five cents
($.35) per hour and for the third (3rd) shift of forty-six cents ($.46)
per hour.
12-hour shift workers will receive a shift dif-
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ferential pay adjustment above the regular rate of fifty-seven cents
($0.57) per hour for the job in lieu of a second shift differential.
Non-shift employees who work two (2) hours or more beyond their regular
quitting time will be paid shift differential for such overtime hours.
F. Any 8-hour or 12-hour employee continuously engaged in work for the
Company for a period of thirteen (13) hours or more will be furnished a
meal, not to exceed four (4) dollars, at Company expense.
G. All employees will be paid the rate of pay of the job when called into
work in their own department from the layoff (call) list.
H. Any employee assigned by the Company to a job in a department other than
their own will be paid at the regular rate of pay of the assigned job.
I. Employees holding bids on the relief positions described in Xxxxxxx 00,
Xxxxxxxxx X of this Agreement will be paid the rate of the relief job.
J. A profit sharing plan, fully described under a separate document entitled
"Profit Sharing Plan for Hourly Employees of UPIU Local 1448 at Xxxxxx,
and Pittston Township, Pennsylvania", will remain in effect for the
duration of this Agreement. The specific terms of the plan are not
negotiable and are
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the sole responsibility of the Company. The Union will be notified of any
changes after approval by the Company's Corporate Officers.
A revised document entitled "Group Performance Plan" (GPP) became
effective on January 1, 1994 and will remain in effect for the duration of
this Agreement. The GPP includes both the aforementioned Profit Sharing
Plan and a Performance Plan directed at paying hourly employees of the
UPIU, Local 1448, for "unit" performance improvements in a number of
selected plant operating categories. The specific terms of both plans are
not negotiable and are the sole responsibility of the Company. The Union
will be notified of any changes after approval by the Company's Corporate
Officers.
K. The Company will distribute payroll checks, if available, to all 8-hour
shift employees working the 3-11 p.m. shift no later than 11:00 p.m. each
Wednesday. All employees working the 12-hour shift scheduled on Wednesday,
7:00 am to 7:00 pm, will be given their paychecks before 7:00 pm.
L. In the event Xxxx & Talbot Wis., Inc's Xxxxxx, and Pittston Township, Pa.
Xxxxx are totally and permanently closed, affected employees will receive
severance pay based on the following schedule:
Years of Service Severance Pay
3 Years but less than 5 Years.................. 1 Week @ 40
X Straight Time Rate
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35
5 Years but less than 10 Years................ .2 Weeks @ 40
X Straight Time Rate
10 Years but less than 17 Years................ 3 Weeks @ 40
X Straight Time Rate
17 Years but less than 25 Years................ 4 Weeks @ 40
X Straight Time Rate
25 Years and over.............................. 5 Weeks @ 40
X Straight Time Rate
SECTION 9
Pension
A. It is agreed that a Pension Plan and Trust Agreement providing for a
Corporate Trustee shall be adopted with the Corporation accepting the
responsibility to provide pension benefit levels in the amount of $20.00
per month multiplied by years of credited service effective November 1,
1995; $21.00 per month multiplied by years of credited service effective
November 1, 1997; and $22.00 per month multiplied by years of credited
service effective November 1, 1998. Employees retiring January 1st or
after in any plan year will receive the new increase in that year.
B. Employees will be credited for fractional benefits for months of service
completed.
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C. Employees with five (5) years of service will be 100% vested in the
Pension Plan and Trust Agreement.
D. Employees who qualify for early retirement may retire at age 62 without
their pension being reduced. Employees who qualify for early retirement
and elect to retire prior to age 62 will have their basic benefit reduced
1/2% per month for each month the benefit commences before age 65.
Employees with ten (10) years of credited service who have reached age
fifty-five (55) are qualified for early retirement.
E. Life insurance in the amount of $2,000.00 will be provided for employees
retiring at the age of 62 or thereafter.
F. The Company agrees to furnish all employees an updated Pension Booklet,
Life Insurance Policy and Medical Coverage Booklet(s) sixty (60) days
following the ratification of the labor aqreement.
SECTION 10
Seniority
A. SENIORITY-GENERAL:
1. In the case of promotion, demotion, transfer, curtailment, layoff,
increase in working force and decrease in working force, qualifications to
perform the work and length of service
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shall be the factors considered. When, in the judgement of management, all
factors constituting qualifications are relatively equal, length of
service shall prevail as provided for in this Agreement.
2. Qualifications will be determined on the basis of a review of the
employee's record with the Company, including the ability, fitness,
knowledge, training, experience and skill on one or more jobs that are
necessary to satisfactorily discharge the duties and responsibilities of
the job involved.
B. JOB BIDDING-GENERAL:
1. Job bidding will be governed as follows: All bid job vacancies known to be
permanent, existing on the entry level jobs in a line of progression or
non-progression jobs listed under Paragraph I of this section shall be
posted for a period of five (5) calendar days. An employee who is awarded
a bid job shall be placed in their new position as soon as a qualified
replacement for their former job is available or within thirty (30)
calendar days from the date they are awarded the job, provided the
transfer can be made without disruption to the vacation schedules. A list
of bidders will be maintained by the Company in seniority order on any job
posted for bid (including job preference and temporary bids) and such list
will be utilized to fill vacancies on the given job for a period of six
(6) months from the date the job was posted for bid
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38
(including job preference and temporary bids) after which the job will be
reposted for bid and the resulting list of bidders will be maintained for
another six (6) months.
2. In the event that no bids are received on any bid job the Company will
award the bid to the plant senior employee who does not hold a bid. For
vacancies in the Paper Machines, only those employees who have elected to
work in the Paper Machines will be awarded the bid.
3. An employee may, within the first seven (7) working days of his/her new
assignment, decide to revert to their former position. When new equipment
results in new job classifications being established, employees shall have
fifteen (15) working days to decide to revert to their former position.
After the new equipment/job classifications are in operation six (6)
months, the seven (7) working day decision period applies.
4. Except as otherwise provided in Paragraphs B-6 and H-1 of this Section or
in the Maintenance Program described in Section 24, an employee who bids
into another department or who is assigned to a different job shall be
considered to be on trial for thirty (30) working days, such limit may be
extended by mutual agreement by the Company and the Union. In the event
that an employee is found by the Company to be unsuited for the job at the
termination of the trial period, he/she may be transferred back
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39
to his/her original department and exercise his/her seniority in that
department. An employee who is returned to his/her former job under this
paragraph three (3) times shall be assigned by the Company to an open
position the person is qualified to perform.
5. An employee assigned to another department shall retain and accumulate
department seniority in his/her original department. On permanent bid
jobs, seniority terminates in his/her former department and begins in the
new department after completion of the thirty (30) day trial period.
6. In the event of any promotion to the job of Machine Tender or Back Tender,
the employee so promoted shall be on probation for the period of three (3)
months from the date of such promotion. For the first month of such
probationary period, the employee's qualification for the job shall be
decided solely by the Company, and in the event that the employee so
promoted does not qualify to the satisfaction of the Company, he/she may
be relieved of his/her job and thereupon shall exercise his/her seniority
on the job held prior to his/her promotion. If the Company decides during
the second two (2) months of such probationary period that such promoted
employee is not qualified for the job, the employee may invoke the
grievance procedure under this Agreement if he/she feels the Company's
decision is unfair. Upon completion of the three (3) months probationary
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period, his/her promotion shall become permanent.
7. Distribution/Material Support job openings for straight days, two shift
operations and 12-hour shift operations will be awarded by preference
polling, by department seniority.
C. TEMPORARY JOB BIDDING: Temporary openings in bid job classifications which
will be vacant for thirty (30) days or more shall be posted for bid. Bid
holders may not be holders of a permanent bid position. Temporary bid
holders will be scheduled where their ability and seniority will place
them when not required on their bid jobs. Permanent bid job holders may
withdraw from such positions to accept a Temporary bid job.
1. The Company will post Temporary 5th Hand positions for bid with the
understanding that eligible bidders may not hold a permanent bid job.
Temporary 5th Hand bid holders must accept permanent openings in such
positions and will be utilized as needed on shift when available for
vacation week(s) coverages and absence of the regular job holder.
2. In the event of a cut-back on the Paper Machine or Fiber Preparation
Departments, employees who are on temporary promotions will revert back to
their regular job.
D. RELIEF JOB BIDDING:
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1. Certain positions in the organization require that fully trained relief
personnel be available for short-term replacement of the personnel holding
those positions full time. These relief positions will be posted, open for
bid by personnel already holding a bid position. When necessary, the
personnel holding these relief positions will be scheduled into the
position and their primary job will be filled by other personnel according
to the procedures in this agreement.
2. Personnel holding permanent bids will be returned to their permanent bid
positions when not utilized in the relief positions. Personnel not holding
permanent bids will be assigned where their seniority and skills will
place them when not utilized in the relief positions.
3. The following positions will be posted jobs: Relief Corrugated Printer
Operator, Relief Stockroom Clerk, Relief Sample Person, Relief Incinerator
Helper, Relief Incinerator Operator, and Relief Poly Specialist. (Note:
The positions of Relief Stock Room Clerk and Relief Sample Clerk are to be
re-bid)
4. Personnel will be selected from those signing the posting(s), first by
department seniority, then by plantwide seniority if no personnel with
department seniority sign the posting or if any personnel with department
seniority cannot perform the duties of the job. If the successful bidder
was chosen by plantwide
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seniority, the seniority in the department of the relief position will
begin for the successful bidder on the closing date of the posting.
5. Personnel successfully bidding into these positions will be designated
fill-ins when necessary and must move into the permanent position when the
permanent vacancy arises, based upon their seniority in the relief
position.
E. JOB CLASSIFICATION CHANGE:
1. If a job classification in an established line of progression, is removed
and placed in a different established line of progression, in the same or
a different department, an eligible employee with established seniority,
occupying the job classification at the time the change occurs, will be
given an opportunity to move with the job classification to the position
in which it is placed in another line, with his/her established department
seniority from the former line, and may exercise such seniority in the
line in which the job is placed under paragraph "a" below:
a. When a job opening occurs in other succeeding job classifications in
an established line of progression in which an employee has
established seniority, eligible employees in the qualifying job
classification will be considered for such openings on the basis of
qualifications and length of service.
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2. If a job classification not in an established line of progression is
removed from the department and placed in an established line of
progression, an eligible employee with established seniority, occupying
the job classification at the time the change occurs, will be given an
opportunity to move with the job classification to the position in which
it is placed in the line, with his /her established department seniority
from the former department, and may exercise such seniority in the line of
progression, in which the job is placed under paragraph "a" below:
a. When a job opening occurs in other succeeding job classifications in
an established line of progression in which an employee has
established seniority, eligible employees in the qualifying job
classification will be considered for such openings on the basis of
qualifications and length of service .
3. If a job classification not in an established line of progression is
removed from the department and placed in a different department, an
eligible employee with established seniority, occupying the job
classification at the time the change occurs, will be given an opportunity
to move with the job classification to the position, with his/her
established department seniority from the former department.
4. If an established job classification is eliminated and removed from an
established job progression line, an eligible senior employee
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in the line may exercise his/her seniority as follows:
a. When curtailment occurs in a line of progression in the department,
an employee with established seniority in the line being curtailed
will come back down the line through each job classification in the
reverse order of promotion.
b. An employee curtailed from an established line of progression who
cannot retain a position in that line of progression shall have the
opportunity to exercise his/her department seniority to retain an
entry level job classification in all other lines of progression
within his/her department.
c. An employee curtailed from an established line of progression who
cannot retain a position in his/her department as outlined above
under paragraph 2-b, shall have the opportunity to exercise his/her
plant seniority to retain an entry level job classification in all
other lines of progression or non progression jobs where qualified
in all other departments.
d. An employee curtailed from an established line of progression can
exercise his/her plant seniority to retain a position on the lay off
(Call List) list.
e. Employees permanently curtailed to the lay off (Call List) status
from a line of progression will retain first recall rights to
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that line of progression in the same order as they were curtailed
until the employee accepts a job bid and completes the probationary
period.
f. If a job elimination occurs during the employee's first year on the
job, the employee will be allowed to return to his/her former bid
job and position. Department seniority will be credited to the
employee for the time spent on the eliminated job.
g. Employees not willing to move upward in a line of progression may
not remain in that line of progression. It is understood that this
provision does not apply to those employees currently "frozen." In
training for jobs in a line of progression, there will be no trading
of positions.
5. In the event of an elimination of a job classification not in a line of
progression, the affected employee can exercise his/her department
seniority to retain a position in an entry level position in their
department.
F. CURTAILMENT:
1. Reductions of working force within an existing department shall be done
for the duration of the work week or three (3) days whichever is greater.
2. Employees unable to work in their own
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department shall not exercise plant seniority for such duration of the
work week or any layoff, of less than three (3) days. Plant seniority will
prevail on the entry level job in the various departments to the extent of
allowing the plant senior employees to work.
3. If a piece of Converting equipment is shut down for one (1) or more
shifts, it will be the Company's option to:
a. Assign other work to the affected employees and continue to maintain
their classified regular rate of pay or;
b. The affected employees will be allowed to exercise their
departmental seniority by replacing on their shift the junior
employees in the entry level job in any progression line in the
department on their shift and will be paid the regular rate of pay
for that job.
4. In the event of a shutdown on either machine or both, the crews of the
affected machine or machines shall not exercise departmental or plant
seniority for the duration of the work week or three (3) days, whichever
is greater, except upon an announcement by the Company of a shutdown of
undetermined duration in which case seniority may be exercised on the work
day immediately following such announcement. Fiber Preparation Department
shall be subject to the same provisions as those specified for the Paper
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Machines. The employees of the Paper Machine and Fiber Preparation
Departments shall receive their regular rate of pay for shutdown work
performed in their own department or any other work performed at the
specific request of the Company.
5. In the event of a permanent curtailment (reduction in force), affected
employees who cannot retain a job either in their line of progression, or
if not in a line of progression, within their department, shall exercise
their plant seniority to retain an entry level job classification in all
other departments. Affected employees who cannot retain an entry level job
classification (above) shall be assigned to the lay off (Call list) list.
G. LAYOFF:
1. Employees who are laid off will only retain recall rights for a period of
eighteen (18) months.
2. The terms Lay-off list, Call list, and Call board are intended to have the
same meaning and are used synonymously throughout the labor agreement.
H. MISCELLANEOUS:
1. Any bargaining unit employee who is promoted to a supervisory position
shall be considered to be on trial in that position for a period of four
(4) months while a thirty (30) working day trial period will apply on any
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other non bargaining unit position.
2. Employees shall suffer no loss of seniority for loss of time due to any
disablement incurred in the performance of their duties for the Company.
3. Any promotion except a permanent position or a temporary vacancy known to
exceed thirty (30) days is to be made within the employee's shift without
moving the employee from one shift to another. Shift promotions will be
made on all shifts on all jobs, whenever qualified employees are
available, except in cases of coverage for various Union Committee
meetings with the Company.
4. The parties agree that management shall have the right to add jobs, change
jobs, change progression ladders or eliminate jobs. It is understood by
the parties that the Company shall meet and discuss with the Union
Committee the establishment, modification, or elimination of lines of
progression at least thirty (30) days prior to the planned action.
I. LINES OF PROGRESSION:
1. The normal line of progression for each department is shown below, with
each succeeding job listed in the order of importance. (Note: bold
indicates entry level position for bumping applications...and * indicates
bid position.)
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XXXXXX:
-------
PAPER MACHINES DEPARTMENT:
No. 3 Paper Machine No. 4 Paper Machine
------------------- -------------------
Machine Tender Machine Tender
Back Tender Back Tender
Third Hand Third Hand
Fourth Hand Fouth Hand
Temporary Fifth Hand*
FIBER PREPARATION DEPT. XXXXXX MAINT. DEPT.
----------------------- -------------------
Stock Preparation Operator Journey Maintenance
First Assistant Stock Prep Oper. Intermediate Maintenance A
Second Assistant Stock Prep Oper.
Intermediate Maintenance
Utility Operator-Level 1* Junior Maintenance
Maintenance Helper*
WASTE WATER TREATMENT INCINERATOR DEPARTMENT:
---------------------------------------------
Waste Water Treatment Operator
Incinerator Operator
Incinerator Operator Relief*
Incinerator Helper
Incinerator Helper Relief*
CONVERTING & DISTRIBUTION CENTER:
---------------------------------
CONVERTING DEPARTMENT:
----------------------
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HHT LINES:
1 2 3
- - -
System Operator System Operator System Operator
Training Xxxxx 0 Xxxxxxxx Xxxxx 0 Training Level 2
Training Level 1* Training Level 1* Training Level 1*
BRT LINES:
1 2
- -
System Operator System Operator
Training Xxxxx 0 Xxxxxxxx Xxxxx 0
Training Level 1* Training Level 1*
3 4
- -
System Operator System Operator
Training Xxxxx 0 Xxxxxxxx Xxxxx 0
Training Level 1* Training Level 1*
NAPKIN LINES:
1 2
- -
Systems Operator Systems Operator
Training Level 1* Training Level 1*
FACIAL LINES:
1 2 (Interfolder)
- ---------------
Systems Operator Systems Operator
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Training Level 2 Training Level 1*
Training Level 1* Packer (non-progressive)*
MISCELLANEOUS POSITIONS:
Stock Room Clerk Quality Assurance Clerk
Relief Stock Room Clerk* Relief Quality Assurance Clerk*
NON-PROGRESSIVE POSITIONS: (all bid jobs*)
Core Machine Operator
Bundler Operator
Corrugated Printer Operator
Relief Corrugated Printer Operator
Interfold Packer
Utility
(Note: position of "Utility" listed as reference only; position is not normally
filled)
DISTRIBUTION CENTER DEPARTMENT:
ULF Motor Operator
Distribution Specialist/Spotter Driver
Distribution Specialist*
CDC MAINT. DEPARTMENT
Journey Maintenance
Intermediate Maintenance A
Intermediate Maintenance
Junior Maintenance
Maintenance Helper*
MATERIALS SUPPORT DEPARTMENT
Motor Operator*
Poly Specialist
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Relief Poly Specialist*
NOTE THAT, THE REORGANIZATION OF THE LANGUAGE IS NOT INTENDED TO CHANGE THE
INTENT OF THE LANGUAGE.
----------
Note: Only One QA Clerk Position Is Open For Bumping.
J. Any employee returning to work from an unauthorized absence shall have the
right to submit a bid, within seventy-two (72) hours from the employee's
return to work, on any job posted during the employee's absence up to
thirty (30) days from the date of return to work.
SECTION 11
Wire and Felt Time
A. Wire changes are to be handled as follows:
1. #3 Paper Machine - Three (3) full paper machine crews (12 people)
are to be used for putting on wires. Full 42 paper machine crew is
defined as Machine Tender, Back Tender, Third Hand, and Fourth Hand.
If full crews are not available for the wire change, then off
shift, then days off crew members of #4 machine are to be
called in utilizing the "extra wire" rotation list.
2. #4 Paper Machine - Three (3) full paper machine crews (12 people)
are to be used for putting on wires. Full paper machine crew is
defined as Machine Tender, Back Tender, Third Hand, and Fourth Hand.
If full crews are not available for the scheduled wire change,
then off shift, then days off crew members of #3
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machine are to be called utilizing the "extra wire" rotation
list.
3. Fiber Preparation employees on duty shall be used if employees are
still needed after calling in all off duty crew members of both
paper machines.
4. When employees are called in or stay in after their regular hours,
they will receive six (6) hours pay for putting on the wire. This is
with the expectation that the employees will be available for work
during the entire time of putting on the wire. Should they only be
available for part of the time, they shall be compensated
proportionately.
5. Any employee covering any of the major jobs in either mill is not
entitled to wire time during the wire change. This applies to
regular and overtime hours.
6. If part of the wire change time comes within a worker's regular
shift, it is not intended that he or she shall draw both their
regular pay and their wire allowance pay for the same hours worked.
7. Call in details:
a. Who to Call Off shift by seniority and rotation. Days off by
seniority and rotation.
b. When making calls for clothing changes, the promo 43
tion book will be utilized.
c. After a holiday shutdown where there has been no scheduled
production, paper machine department schedule will be utilized
to call in crew members (off shift, then days off) for a
clothing change.
d. The following will not be eligible for the
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clothing changes: anyone on restricted duty, people who have
requested the day off (vacation or off with permission)
defined from 7:00 a.m. that day to 7:00 a.m. the following day
and 5th hands.
B. Felt changes are to be handled as follows:
1. Felt time will apply whenever a whole felt is removed from the paper
machine.
2. The following number of Paper Machine employees will be used for a
felt:
a. #3 pick-up: 8
b. #4 wet felt: 6
c. #4 pick-up: 8
Off shift, then days off crew members on the machine scheduled
for the felt will be called in as needed to "fill-in" by
seniority and by shift.
In the event the full crew list has been exhausted for the
paper machines scheduled for the felt change, then the off
shift, then days off crew members from the other paper machine
will be utilized by shift and seniority as described in
paragraph A, Item #7.
3. When employees are called in or held in after their regular hours
for the purpose of putting on a felt or xxxxx, they shall be paid as
follows:
a. Six (6) hours at their regular rate of pay for a wet felt or
time and one-half (1-1/2x), whichever is greater.
b. Seven (7) hours at their regular rate of pay for a pickup felt
or time and one-half (1-1/2x), whichever is greater.
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This is with the expectation that the employees will be
available for work during the entire time of putting on the
felt. Should they only be available for part of the time, they
shall be compensated proportionately.
4. If the felt or xxxxx are changed on Saturday or Sunday, the
above premiums will be paid at the rate of time and one-half
(1-1/2x) or double time (2x) respectively.
5. Any employee covering positions on the machine scheduled for
the felt is not entitled to felt time during the felt change.
This provision applies to regular and overtime hours.
6. In the event that the felt or xxxxx are changed so that the
change occurs on a split shift, employees will be paid
proportionately.
7. Felt time begins when the felt is ready to be put on the
machine and does not include shrinkage.
C. When employees are requested to report for a wire or felt change at a
specific time and are unable to begin said wire or felt change, they shall
be paid one and one-half (1-1/2x) times their regular rate of pay for such
waiting time, except Sunday when double time (2x) will apply.
D. These wire and felt time allowances are not to be credited against other
overtime provisions nor is it intended to deny the workers the benefit of
any other overtime provisions.
SECTION 12
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Reporting Time
A. Any employee who reports for work on his or her regular shift when
required to do so or has received less than two (2) hours notification in
the usual manner, not to report for work, shall receive four (4) hours at
his or her regular rate of pay if there is not work for him or her.
B. If the employee so reporting is put to work, he or she shall be paid for a
full day, provided he or she is available for a full day's work; this
shall also apply to an employee who has been laid off due to lack of work.
C. Shop Stewards, or any Union member in the event no Shop Xxxxxxx is
available, will be called upon to substantiate the Company's unsuccessful
efforts to notify an employee of any change in their daily work routine.
SECTION 13
Call Time
A. When an employee is called in at a time other than his or her regular
working hours, he or she shall be paid time and one-half (1-1/2) his or
her regular rate of pay if off for the day with the Company's permission,
or if the employee already worked his or her regular hours; but only his
or her regular rate of pay if off due to layoff, lack of work or other
causes; with a guarantee pay in any event equivalent to at least four (4)
hours time at his or her regular rate of pay; six (6) hours on Saturday
and eight (8) hours on Sunday. If,
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while calling in employees, an employee is not at home but can be
contacted, that employee may return the call to the Company if she/he
desires the work. If the return call is received prior to the position(s)
being filled, that employee will be used to fill the position(s).
B. This call time provision shall not apply to the call-in of a Facial
Machine Operator at any time within one-half (1/2) hour prior to the
regular starting time. Where such operator is so called in, such operator
shall be paid the daily premium as provided herein for hours worked other
than his or her regular working hours.
C. When a maintenance employee is called in at a time other than their
regular working hours for the purpose of doing a specific job or related
jobs to maintain operations of the equipment, it is not the intention of
the Company to assign work to him or her, on any other additional
unrelated job(s) except in an emergency. The senior employee will be
assigned to the emergency while the next person on the rotation will fill
the original call. This does not apply to the case of any employee called
in as an addition to the work force or for the purpose of filling the job
of an absence.
D. If maintenance personnel are needed and are called in on a Saturday,
Sunday or Holiday before 7:00 a.m. and they show an effort to arrive as
quickly as possible but no later than
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6:30 a.m., the company will pay four (4) hours call time until 7:00 a.m.
After 7:00 a.m., the pay rate will be the rate of pay they would normally
receive for the day according to the provision of this agreement.
SECTION 14
Cessation of Work
A. It is agreed that there shall be no strikes, walkouts, lockouts, stoppage
of work, slowdown or curtailment of production or other similar
interruption of work during the period of this Agreement.
B. The United Paperworkers International Union and Xxxxxx/Pittston Township
Local No. 1448 agree that neither of them will, during the term of this
Agreement, authorize any strikes. It being understood and agreed that any
strike not expressly authorized by the Union, in accordance with the
United Paperworkers International Constitution, By-Laws, Standing Rules
and General Laws, shall be deemed for all purposes, an unauthorized
strike, for which there shall be no financial liability on the part of the
United Paperworkers International Union and Xxxxxx, and Pittston Township,
Local No. 1448 or officers thereof.
C. In the event of an unauthorized strike, walkout, stoppage of work,
slowdown or curtailment of production or other similar interruption of
work during the period of this Agreement, the United Paperworkers
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International Union and the Xxxxxx, and Pittston Township, Local No. 1448
will endeavor to secure the immediate return of the strikers to work. In
case of any unauthorized strike, walkout, stoppage of work, slowdown or
curtailment of production or other similar interruption of work during the
period of this Agreement, the employer may impose disciplinary measures
involving loss of seniority, or loss of vacation pay, or suspension from
work, or may discharge the employee involved in such unauthorized acts.
SECTION 15
Grievance Procedure
A. The Union Grievance Committee shall be composed of six (6) members, plus
the President of Xxxxxx, and Pittston Township, Local No. 1448.
B. The Company agrees to give the President of Local No. 1448, Shop Stewards
and employees such time off with pay, as may be necessary for the handling
of grievances and for the transaction of Union business with the Company,
providing this privilege is used with discretion.
C. A Shop Xxxxxxx or President of Local No. 1448 shall not absent themselves
from his or her place of work to visit other parts of the plant or
department without permission of his or her Supervisor or Superintendent;
any reasonable request shall be granted by the Supervisor or 48
Superintendent.
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The President of Local No. 1448 or any Union official shall, upon entering
a department, report to the Supervisor or Superintendent of the department
of his or her representative, and advise him or her of his or her
business.
D. Supervisors will confer with the Shop Xxxxxxx on problems arising within a
department in an endeavor to resolve such problems, to the extent of their
ability.
E. Grievances are to be handled according to the following steps:
1. The employee and Shop Xxxxxxx shall refer any complaint to the
proper Supervisor and if at the end of twenty four (24) hours, the
employee receives no satisfaction he or she shall file a formal,
written grievance. Such formal grievance must be filed with the
Company no later than five (5) working days after the cause for such
complaint has occurred.
2. If the grievance is not resolved at the end of five (5) working days
after the same is filed with the Company, the Union Grievance
Committee shall meet with the Department Head involved to effect a
resolution of the grievance. The immediate Supervisor may be
designated to attend this meeting as desired by the Department Head.
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3. If the grievance is not settled at the end of the three (3) working
days from the meeting referred to in Step #2, the Human Resources
Manager and Department Head shall meet with the Union Grievance
Committee.
4. If the grievance is not settled in Step #3, the Plant Manager and
Employee Relations Manager shall meet with the Union Grievance
Committee and the representative of the International Union within
one (1) week or as soon as possible.
5. If the grievance is not settled as outlined in Step #4, the matter
shall be submitted to the Union body at their next regularly
scheduled monthly meeting for their decision as to whether the
question is to be submitted to arbitration as hereinafter described.
Such decision by the Union body must be relayed to the Company no
later than five (5) days from the time the decision has been made.
Then at the discretion of either party to the Labor Agreement, the
grievance may be submitted for arbitration.
6. Arbitration shall be conducted by a sole arbitrator who shall be
selected by both parties to the Labor Agreement, under the then
current Voluntary Labor Arbitration rules of the American
Arbitration Association. All necessary expenses of the sole
arbitrator shall be shared equally by the Company and the Union. The
arbitra-
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tor's decision shall be final and binding upon both parties.
7. Both parties may reject the first panel of arbitrators and request a
second panel within ten (10) days after receipt of the first panel.
Each party may strike one (1) name from the second panel until the
arbitrator is chosen; this procedure must be accomplished within
fifteen (15) working days. The arbitrator shall render his decision
within a forty-five (45) day period from the date of the hearing. It
is mutually agreed that there shall be no extension of the time
limits in this procedure.
8. The arbitrator must render a decision within the scope and terms of
this Agreement and only on interpretation and application of the
provisions herein.
9. It is understood that only two (2) issues may be arbitrated on a
given day by a given arbitrator.
F. The Company will endeavor to cooperate with the Union in granting
reasonable requests for time off without pay, for Union business providing
this privilege is used with discretion.
G. Employees serving on the Grievance Committee and Safety Committee shall be
paid their regular rate of pay for all time spent in conference with the
Company.
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H. The time limits in the steps listed above are understood to be with the
exclusion of Saturdays, Sundays, Holidays, and non-operating days.
I. It is understood that the Grievance and Negotiating Committees shall be
composed of not more than seven (7) bargaining unit employees.
SECTION 16
Permission to Enter Plant
A. The duly authorized officers of the Union shall be permitted to enter the
Company's premises for the purpose of adjusting complaints or ascertaining
whether this Agreement is being performed, provided however, that they
shall in no way interfere with the continuation of the Company's business;
and provided that such authorized representative of the Union shall,
before seeking admission to any part of the Company's premises, first
report to the office of the Company for permission.
B. Employees not on duty who have not been called for work shall also report
to the Company office before seeking admission to the Company's plant.
SECTION 17
Sick Leave
A. Any employee who shall become ill, excluding Occupational Sickness or
Accident, and whose claim of illness is supported by satisfactory
evidence, shall be granted sick leave of
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absence automatically up to a period of nine (9) months without pay. Such
leave of absence may be extended by mutual agreement between the Company
and the Union and seniority shall accumulate during the leave.
B. Maternity leaves shall be subject to the same limitations as outlined for
sick leave.
C. It is understood that the absences referred to in the foregoing will be
based on acceptable medical certification as submitted to the Company by
the attending physician.
SECTION 18
Industrial Leave
A. It is agreed that Worker's Compensation benefits will be paid beginning on
the fourth (4th) day of absence due to an industrial injury. The first
three (3) days will be paid providing such absence is of more than seven
(7) days in duration. It is further agreed that if such absence is of
fourteen (14) days or more in duration, the affected employee will sign
over to the Company those compensation benefits which would be paid by the
Worker's Compensation insurance carrier covering the first (lst) week of
compensable absence.
1. It is understood that the absences referred to in the foregoing will
be based on acceptable medical certification as submitted to the
Company by the attending physician.
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2. The Company will keep the normal Company paid benefits in force for
up to twelve (12) months following the date of disability for
employees eligible and receiving Worker's Compensation benefits.
B. When it becomes necessary for an industrial injured employee to undergo
follow-up treatment or therapy by the attending physician or therapist
during scheduled work hours, such employee will be compensated for work
time lost up to a maximum of eight (8) hours per day. The employee must
schedule such appointments before or after working hours if possible,
however, the Company will verify such appointments and schedule the time
before or after working hours whenever possible.
C. Any industrially injured employee returning to work and unable to perform
their regular duties must be able to assume the duties within thirty (30)
days, of a job on which a bid has been submitted.
D. The Xxxxxx, and Pittston Township, Light Duty program is designed for
employees who suffer an injury or illness on the job. Employment is
provided for an employee who has suffered a lost time incident or
maintained for an employee who has not suffered a lost time incident, by
matching an employee's medical restrictions with existing work needs in
the operation as follows:
1. Medical restrictions will be determined by
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a physician.
2. For maintaining employment for an employee who has not suffered a
lost time incident, a meeting will be held with the employee, a
Union Official, and a Company Official. For returning employees to
work following a lost time incident, a meeting will be held with the
employee, the available Union Committee, Safety Supervisor, and
Department Manager or Superintendent. The employee's medical
restrictions will be reviewed to ensure that no employee is assigned
work that is in conflict with the medical restrictions. The
employees will be informed of their work hours, work
responsibilities and related issues (i.e., time clock procedures) at
this meeting.
3. Employees working under this program will stay in the department
where injured. If work is not available in an employee's department,
the employee may be assigned to another department. Employee's
assigned light duty to his or her regular bid job will be carried as
an extra.
4. Employees working under this program should rotate with their shift
in both 3 and 4 crewing applications. They should keep the highest
rate of pay. Employees who are able to make the Saturday or Sunday
schedule will be brought in. Employees on-call under this program
will be contacted for the day.
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SECTION 19
General Leave
A. An employee who has a legitimate reason and requests time off by giving a
minimum of five (5) days advance notice in writing to the Company, will be
granted the time off provided qualified replacements are available to
perform his or her job.
B. The Company recognizes that occasional emergency or unpredictable
situations arise in which employees require additional time off. As an
hourly employee you may request an unpaid leave of absence (typically not
to exceed thirty (30) days). This type of leave of absence will be
evaluated and granted at the discretion of the department/plant manager
based on:
1. Management's determination of whether the reason given for the
request is legitimate.
2. The economic impact that would result if a leave was granted.
3. The conditions which led up to the request are out of the
individual's control.
4. Where Federal and State laws mandate the Company to grant the time
off (example: Family & Medical Leave Act...FMLA).
This type of leave is intended to be taken after all accrued vacation time
is exhausted and employees will be required to pay their employee benefit
plan premium costs
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during the leave of absence.
Employees who desire to apply for this type of leave of absence should do
so in writing at least five (5) days in advance of the first day requested
off.
Exceptions to the above under FMLA are: (1) eligibility; (2) employees
must ordinarily provide 30 days advance notice when the leave is
"foreseeable;" (3) all paid leave applications shall be applied
(substituted) to the leave request; (4) for the duration of the FMLA
leave, the Company will maintain the employee's health coverage; and (5)
the FMLA leave will not result in the loss of any employment benefit that
accrued prior to the start of the employee's leave.
SECTION 20
Health and Welfare Benefits
A. 1. All costs in connection with the Blue Cross/Blue Shield Hospital,
Surgical, and Major Medical Plans, Life Insurance, Dental
Insurance, and Sick and Accident Benefits, within the limitations
of the policies, shall be borne by the Company.
Employees on the payroll may select one of the two options listed below:
Option #1
Employees may elect to be covered under the Blue Cross/Blue Shield
Comprehensive Medical Plan with the understanding that such Plan will be
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provided at no premium cost to the employee. Once an employee elects to
take the Comprehensive Medical Plan, such employee will not be allowed to
return to the existing Medical Plan.
Option #2
Employees may elect to be covered under the existing Blue Cross/Blue
Shield Major Medical Plan with the understanding that such employees will
contribute fifty percent (50%) of any future increases in premium over
that being paid by the Company. If premiums decrease in the future,
employee contributions will be reduced by fifty percent (50%) of the
decrease.
Increases or decreases in the premium will be certified in writing by Blue
Cross/Blue Shield. Copies of these certifications will be given to the
Union and affected employees.
Employees contributions will be made through four (4), equal, weekly
payroll deductions each month.
Employees may, on the 1st of any month, decide to elect Option #1.
2. It is mutually agreed that the group insurance program is to be
utilized only as intended and that both parties will actively engage
in combating any abuse thereof. Employees must have 120 calendar
days of service prior to being eligible for the above group
insurance coverage.
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B. Any employee hired on or after December 4, 1995 and who subsequently
becomes eligible for medical benefits may elect either Option #1 or Option
#2.
C. The Company's portion of a laid off employee's health and welfare benefits
will be paid by the Company for a period of twelve (12) months following
the month in which she/he is laid off. Following this, COBRA would apply.
D. Health and Welfare benefits are as described in the plan booklets and
endorsements.
1. Effective December 4, 1995
a. Life & AD&D --$22,500.
b. Weekly Sickness & Accident -- $250.00 (28 week maximum)
2. Effective September 17, 1996
a. Life & AD&D -- $22,500.
b. Weekly Sickness & Accident -- $260.00 (28 week maximum)
3. Effective September 17, 1997
a. Life & AD&D -- $22,500.
b. Weekly Sickness & Accident -- $270.00 (28 week maximum)
4. Effective September 17, 1998
a. Life & AD&D -- $22,500.
b. Weekly Sickness & Accident -- $280.00 (28 week maximum)
E. A Blue Shield Dental Program is provided as follows:
1. Basic plan plus prosthetic rider for employees and dependents with
Basic Plan reimbursement at 80/20 and prosthetic xxxx-
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bursement at 80%. Reimbursements will be limited to $1,000.00
maximum per individual per year. Employees must have six (6) months
or more of service prior to being eligible for Dental Program
coverage.
2. Oral Surgery at 80/20 Co-Insurance.
3. Orthodontic coverage at 50% of the charge to the maximum of $800.00
per lifetime for children under age 19.
4. Periodontal coverage at 80/20 Co-Insurance.
X. Xxxx Vision II Option 2 coverage will remain in effect for the duration of
the agreement.
G. Blue Cross/Blue Shield of Northeastern Pennsylvania will be maintained as
the group health and dental carrier for the duration of this Agreement
unless the Company and the Union mutually agree to change to a provider
that offers the same or better coverage.
SECTION 21
Funeral Leave
A. In the event of a death of an employee's immediate family, i.e., mother or
father, husband or wife, brother or sister, son or daughter, mother-in-law
or father-in-law, brother-in law or sister-in-law, grandchildren,
grandparents, son-in law, or daughter-in-law, employees shall receive
immediately following such death and upon request a maximum of four (4)
consecutive days funeral leave. During this four (4) consecutive day
funeral leave employee's will be paid their regular rate of pay.
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Employees must work at least one (1) day during the week in which the
death occurs to be eligible for death leave except where serious illness
of an employee, not on sick leave, or serious illness or death in the
employee's family precludes such employee from reporting on his or her
scheduled job.
B. Death Leave will be paid at the rate of time and one-half (1-1/2) for
Saturday and double time for Sunday to those employees who, ordinarily
would have been scheduled to work such days.
C. It is understood that employees are not to receive death leave pay if they
elect to work in lieu of time off. Employees must provide proof of death
when so requested by the Company.
SECTION 22
Jury Duty
A. The Company agrees to pay the difference between the employee's regular
rate of pay and jury duty pay, based on acceptable proof, to any scheduled
employee who is called to serve on jury duty.
SECTION 23
Miscellaneous
A. Labor-Management Meetings: It is agreed that there will be a
Labor/Management Good Will Meeting once a month. These meetings will be
held on a day mutually agreed upon.
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B. It is agreed that there will be a joint Labor/Management Safety Committee
which will meet once a month.
C. Bid Notices and Award Notices:
The Company agrees to furnish the President of Xxxxxx and Pittston
Township Local No. 1448 with copies of bid notices and bid award notices.
A Union Officer will be notified of discharge cases as soon as
practicable. The Union will be furnished a copy of all current bargaining
unit jobs.
D. Union Negotiating Committee:
The Company agrees to pay the Union Negotiating Committee eight (8) hours
pay per day at their straight time hourly rate for each day, including
Saturdays, Sundays, and Holidays, of Labor Agreement negotiations up to a
maximum one hundred twelve (112) hours of pay.
E. There shall be no discrimination against any bargaining unit employee on
account of race, color, religion, sex, age, disability, national origin,
or veteran status. Any provision of this Agreement or practice or custom
to the contrary shall be null and void.
F. Whenever the male pronoun is used in this contract, it may include the
female pronoun if appropriate thereto; and whenever the singular is used
it may include the plural if appropriate thereto.
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G. The Company will continue its present practice regarding major
construction, major work repair, and installation of equipment. It is the
Company's desire and intention to award as much maintenance work as
possible to Local #1448, United Paperworkers International Union. It is
agreed that no maintenance work normally performed by Maintenance
Department employees after the ratification of this contract (and
resulting maintenance position reductions) will be done within the plant
by outside contracting services until all factors (below) have been
carefully considered (including but not limited to). It is recognized by
the Union and the Company that during times of peak work loads, beyond the
capabilities of a normal size maintenance crew to absorb, it may be
necessary to supplement the maintenance effort with outside contractors or
other source of labor as dictated by the circumstances and economics of
the situation.
1. Time availability of required skills and personnel within the
appropriate department.
2. The timely availability of necessary tools and equipment.
3. The time limits within which the work must be completed.
4. Availability of related services.
5. The continuity of plant operations while the work is being
performed.
6. Pertinent cost factors.
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The above understandings supersede all supplemental agreements, position
statements, prior understandings either written or oral, grievance
answers, arbitration awards, or any other source related to the
contracting out of work.
H. Shift changes will be permitted within reason providing the privilege is
not abused and with such shift changes to be confined between employees on
the same production unit and of the same job classification. A shift
change request of an entry level employee who is being trained on a higher
classification will only be permitted with another entry level employee
who is also being trained on the same higher classified job. The Company
will make a good faith effort to grant shift trades.
I. The Company will furnish specialized tools as required and will reimburse
employees for tools broken on the job. Basic operating tools will be
supplied by equipment operators. Basic operating tools include adjustable
wrenches, screwdrivers, and drive socket set (1/2" or 3/8"). Maintenance
is required to possess a basic tool set consisting of: set of combination
wrenches (1/4" to 1-1/4"), xxxxx wrenches, ball peen hammer, screw
drivers, assorted pliers, 8" and 14" pipe wrenches, punches & chisels,
combination steel square and centering head, feeler gauges, 6" and 2'
levels, and 1/2" and 3/8" drive socket sets.
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J. A Union Officer or Xxxxxxx may attend a Labor-Management Counseling
Meeting on their own time, if so requested by an hourly employee or
employees. A Union Officer or Xxxxxxx who is requested to attend the
meeting during their shift will be paid for time spent in the meeting.
K. The Company will provide glass enclosed bulletin boards for the posting of
Union notices.
L. It is not the intent of the Company to deprive bargaining unit employees
of wages by having supervisors perform work usually done by bargaining
unit employees. No supervisors will perform bargaining unit work except
that which is necessary in instructing employees in the operation of the
work or in case of emergencies.
M. Air conditioning and smoke eaters will be provided in the existing
cafeteria facilities.
N. A copy of the Supervisor's Industrial Accident report will be distributed
to a Union Representative during the Monthly Safety Meeting.
O. Break areas, vending machine areas, and rest room facilities will remain
open at all times.
P. Fans will be provided on all production units.
Q. Labor/Management meetings will be scheduled within the time required for
the Agenda.
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R. Employees covered by this Labor Agreement will not be sent to outside
warehouses not covered by this agreement.
S. The Company may hire full time college students as summer temporary help.
These employees will be covered by this agreement except the provisions of
Article 10 -- Seniority will not apply. Their employment will begin no
earlier than May 1st, and will terminate no later than September 15th of
each year unless the Company and the Union mutually agree to an extension.
SECTION 24
Maintenance Program
A. Only employees in the following Maintenance crews are subject to the
provisions of this Maintenance Program: Mechanics, and Electricians. The
title "Maintenance" or the term "Maintenance Crew" will include Mechanics
and Electrical classifications.
1. If a maintenance employee at any level of one trade (either
Mechanical or Electrical) begins training in the other trade, his or
her department seniority will become the date the training begins
and will revert to the date held previously when the Journeyperson
level in the new trade is achieved.
2. When a permanent vacancy in either work
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location (CDC or Plant 1) occurs, maintenance employees in the
affected work location will be polled by department seniority to
fill the opening. Subsequent openings following the initial vacancy
in question will be filled by polling the affected work location
maintenance employees. In the event that the final vacancy in this
sequence is not filled, employees from the other work location will
be polled by department seniority. In the event that the vacancy is
not filled, Paragraph G will be applied.
3. Vacation relief, sick leave, and industrial leave for shift
maintenance employees will be handled by polling employees at the
affected work location (CDC or Plant 1) by department seniority and
qualifications to cover the open shift. If there are no volunteers
the junior qualified employee at the work location where the vacancy
occurred will be required to fill the vacancy. If no junior
qualified employees at the affected work location are available, the
junior qualified employee at the other work location will be
required to fill the vacancy.
4. In the case of emergencies, the available qualified employee may be
transferred from one Department to the other to assist with the
emergency.
B. The following are the grades of Maintenance employees and helpers:
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Journey Maintenance
Intermediate Maintenance "A"
Intermediate Maintenance
Junior Maintenance
Maintenance Helper
A Journey Maintenance employee is one who is a finished Mechanic, or
Electrician and has the necessary tools required. In general, in the case
of Xxxxxx Maintenance, he or she is a man or woman who could qualify as a
Journey Worker in any Industrial Job Shop. In the case of CDC Maintenance,
he or she is a man or woman who could qualify as a Converting
Journeyperson in a recognized tissue industry converting facility. He or
she must be able to execute the necessary work without direct supervision
from his or her supervisor.
C. The Company will select the Maintenance Helpers on its Maintenance crew
through a testing procedure administered by the State Bureau of Employment
Security for Mechanical Aptitude. Each person selected for the Maintenance
crew shall indicate his or her desire to become Journey Maintenance and
shall indicate his or her desire in writing, on a form provided by the
Company as soon as he or she has completed his or her probationary period,
to start taking courses or other schooling approved by the Company to
acquire such mathematical knowledge, blueprint reading ability and other
related subjects as are required to reach Journey Maintenance status. Upon
enrollment in such
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courses or schooling with additional 50% for the cost of such courses or
schooling with additional 50% to be paid upon completion and passing of
said courses or schooling.
D. An applicant transferred to the job of Maintenance Helper, who has
temporarily worked with the Maintenance crew for continuous periods of two
(2) or more forty (40) hour weeks, will be credited with all such periods
up to the total time requirement for promotion to Junior Maintenance.
During the first three (3) months after an applicant has been regularly
assigned to a Maintenance Helper's Job, he or she will be classified as
probationary on that crew and he or she can be removed from the crew at
any time during the period. Prior to removal from the crew of any such
probationary Maintenance Helper because of his or her performance,
Management will notify the Union standing committee of the intended action
and the justification thereof. If the standing committee considers the
proposed removal unjustified, it may take the matter up with the
Engineering and Maintenance Management, whose decision shall be subject to
the Grievance Procedure. If such applicant transferred to the Maintenance
crew from another department in the plant, he or she will retain his or
her seniority in the department from which he or she transferred for a
period of ninety (90) days and will be returned to the job from which he
or she transferred if removed from the crew. During
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the probationary period, Management will determine as quickly as
practical, whether or not the applicant has the aptitude and other
characteristics necessary to become Journey Maintenance. Unless a
Maintenance Helper has earlier been removed from the crew, prior to the
expiration of the first ninety (90) days after he or she has been
regularly assigned as a Maintenance Helper, the Company will review with
him or her their progress to date.
E. An employee's skill and knowledge will be determined through an objective
and measurable format before promotion to the next level as outlined
below.
1. An applicant selected by the Company to enter the Maintenance
Program will be placed, when a vacancy exists, on the Maintenance
Helper's job for a period of nine (9) months elapsed time or 1,350
worked hours, whichever is longer; and at the end of the period,
will be automatically promoted to Junior Maintenance.
2. A Junior Maintenance employee shall spend a period of nine (9)
months elapsed time or 1,350 worked hours whichever is longer, at
which time he or she shall then be promoted to Intermediate
Maintenance.
3. Upon completion of one (1) year elapsed time or 1,800 worked hours,
whichever is longer, as Intermediate Maintenance, he or she will be
promoted to Journey
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Maintenance "A".
4. Upon completion of one (1) year or 1,800 worked hours, whichever is
longer, as Intermediate Maintenance "A", he or she will be promoted
to Journeyperson.
F. The progress and qualifications of each Maintenance employee below the
grade of Journey Maintenance will be periodically reviewed at intervals of
not more than six (6) months. Records of the results of these reviews will
be maintained and will be discussed with each employee at six (6) month
intervals. If the employee so desires, he or she may have his or her
progress report discussed with him or her. Whenever such a review of such
a Maintenance employee has been completed, the Company shall notify him or
her in writing with a copy to the Local Union calling his or her attention
to the completion of such review and his or her right to request a
discussion of it.
G. Outside Maintenance workers may be employed in any of the established
classifications. The Company agrees that, if an outside employee is hired,
the next vacancy in that work location will be filled by an inside
employee. A ninety (90) day probationary period will apply to any
maintenance worker hired from outside sources.
H. For Xxxxxx, Management will adopt an organized plan as far as practical of
rotating each
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employee below Journey Maintenance through different operating
departments, including shift work under different Journey Maintenance
employees, in order that he or she may gain the widest variety of
experience in the work of his or her chosen trade. For CDC, Management
will adopt an organized plan as far as practical of rotating each employee
below Journey Maintenance through different operating systems, including
shift work, and under different Journey Maintenance employees, in order
that he or she may gain the widest variety of experience in the work of
his or her chosen trade.
I. Employees in the classification of Journey Maintenance will be recognized
for additional abilities or skills. The additional skills recognized for
Xxxxxx will be Basic Welding, Advanced Welding, Instrument Repair,
Machinist, Accuray Certification, Pipefitter, PLC, Substation, and other
future categories to be determined by the Company. The additional skills
recognized for CDC will be Machinist, Basic Welding, Advanced Welding,
PLC, Converting Maintenance, Converting Electrician and other future
categories to be determined by the Company. The number of employees to be
utilized in each skill category shall be determined by the Company. A
program will be developed by the Company describing requirements and
qualifications which must be met before the selected Maintenance
Department employees will be considered qualified in a given skill and
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therefore, eligible to receive the established skill value adjustment.
Distribution of additional skills will be handled in the following manner.
Each individual who possesses existing recognized skills beyond the
journeyman level will choose their primary skill. As new skill categories
are developed or existing skill categories expanded to include additional
individuals, the interested individuals will be selected by seniority
order among the journeyman maintenance employees possessing the least
number of skills. Training will continue until all interested employees
possess a primary skill. At that time, training will revert to the top of
seniority order until all interested employees possess a secondary skill.
This process shall be repeated based on the total number of existing
skills and future skills to be determined by the Company.
Employees will be considered eligible to receive the skill adjustment upon
recommendation of the evaluation team composed of other journey people and
maintenance supervision. Employees shall demonstrate to the team the
necessary skill by performing work in the field utilizing the new skill.
If transferred to a work assignment within the Pennsylvania operations
where a skill(s) cannot be utilized, the Company shall suspend the skill
adjustment after reviewing the matter with the evaluation team. Should the
employee in question transfer to an area
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where the skill can be utilized and the Company, at the time of the
transfer, requires additional employees with the skill(s) formerly
suspended, the employee will be re-evaluated by the evaluation team. Where
retraining is 69 needed, the skill adjustment will be considered after the
retraining and pending the evaluation team's recommendation.
Training or classwork for skill qualifications shall be done on the
employee(s) own time. The employee will be reimbursed for necessary
tuition and books under the guidelines of the Xxxx & Talbot Tuition Refund
Program upon presenting evidence of satisfactory completion of the course.
1. Based on the guidelines set forth in Paragraph I. 1., a skill
adjustment of twenty cents ($0.20) per hour will be added to the
Journey Maintenance classification for each skill in which the
employee meets the required qualifications, with the exception of
the Basic Welding Skill, which shall be ten cents ($0.10) per hour.
J. Nothing herein above shall be construed so as: (a) To oblige the employer
to hire or retain any employee unless there is work for him or her, or;
(b) To mean that any right or obligation of either party to the Labor
Agreement, established under the Agreement and not herein specifically
amended, has been modified or revoked.
SECTION 25
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Absenteeism Policy
A. Attendance Incident Definition: An attendance incident is any absence of
one day or a combination of consecutive days. An instance of tardiness
will constitute 1/2 of an attendance incident.
B. Absence Definition: Any time an employee is not at work or leaves work for
any reason with the following exceptions:
1. Contract-provided leave or time off: Vacation, Holiday, Jury Duty,
Military Leave, Funeral Leave, absence for official union business,
absence for Company paid business, and General Leave. (Excluded:
Sick Leave and Industrial Leave)
2. Any approved absence.
C. Tardiness Definition: Arriving at work between seven (7) minutes and four
(4) hours late. Tardiness in excess of four (4) hours will be recorded as
an absence.
D. Attendance Incident Problem Definition: Any employee who produces seven
(7) incidences in a twelve (12) month moving period.
E. Progressive Disciplinary Action Steps:
1. At seven (7) attendance incidences, a formal documented verbal
warning will be issued.
2. At eight (8) attendance incidences, a written warning will be
issued.
3. At nine (9) attendance incidences, a five-day disciplinary layoff
will be issued.
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4. At ten (10) attendance incidences, the employee will be discharged
for cause. In these cases, the Human Resource Manager and the Plant
Manager must be consulted before this action is taken in order to
consider the employee's work and previous work record.
F. For every two calendar months of active employment (i.e., actively at work
and not on A & S, Worker's Comp., etc.) without incurring an attendance
incident, one attendance incident will be removed from an employee's
record of attendance incidences until his or her balance of incidences is
back to zero.
SECTION 26
Scheduling
A. Plant senior employees within a department shall be scheduled in their own
department.
B. Except where Section 10, Paragraph F-3 applies, employees who hold bids,
either permanent or temporary, shall work in their bid jobs so long as
their plant seniority entitles them to work in their own department on a
weekly schedule.
C. Except where Section 10, Paragraph F-3 applies, all employees shall,
according to department seniority, rotate with their shift. The proper
rotation is 7:00 a.m.-3:00 p.m. to 11:00 p.m.-7:00 a.m. to 3:00 p.m.-11:00
p.m. for eight-hour shifts and 7:00 a.m.-7:00 x.x.xx 7:00 p.m.-7:00 a.m.
for twelve-hour shifts.
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D. Relief and temporary bid holders who make the schedule shall fill
available openings if it is economically feasible or plant operations
require it.
E. Entry level and non-progressive positions shall be forfeit to employees
who are entitled, by plant seniority, to work in their own department on
the weekday schedule.
F. Converting employees who are not scheduled in the Converting Department
shall be scheduled, by plant seniority, in the highest paying ($/week)
weekly openings in other departments for which they are qualified.
G. Employees who based on their plant seniority, are not placed on the weekly
schedule shall be assigned to the lay-off (call-list) list.
Call List Procedures and Rules are listed as follows:
1. All calls made under this application will be made by
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management.
2. Employees who, after being called to work under this application and
fail to respond to a call for any reason during the call time
schedule listed below, shall not be eligible for unemployment
compensation benefits for the missed day(s) in question.
a. All calls placed on weekdays and weekends shall be based on
seniority , using the Call-List roster. Employees who cannot
be called for the 7:00 a.m. to 3:00 p.m. shift (and 7:00 a.m.
to 7:00 p.m. shift) are employees who worked the previous
shift. Note, these employees must be considered as part of the
Call-List roster and contacted should a need arise for the
3:00 p.m. to 11:00 p.m., 11:00 p.m.. to 7:00 a.m., or 7:00
p.m. to 7:00 a.m. shifts.
b. All calls placed on weekdays and weekends shall be based on
the following Calling Time Schedule: 5:00 a.m. to 8:00 a.m.;
1:00 p.m. to 4:00 p.m.; 6:00 p.m. to 12 midnight. Note,
employees shall be contacted at other times other than the
Calling Time Schedule for additional vacancies in the day.
c. All calls placed on weekdays and weekends shall be allowed to
ring for approximately forty-five (45) seconds. If the phone
is busy, management will wait approximately five (5) minutes
before retrying. All subsequent calls will be placed starting
with the first employee whose phone was busy per the
eligibility language in paragraph 2-a. Management will move to
the next employee on the list. Management placing the call
must sign the sheet, indicate the time the call was placed,
and list the employee as a "no answer" if the employee does
not respond. If the employee calls back after the initial
effort to contact him/her, the employee will be used if the
position has not been filled.
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3. Employees on the Call List who cannot be reached or refuse to report
when called during the call time schedule listed in 2-b will be
subject to the Absenteeism Policy.
a. Employees who cannot be reached for more than three (3)
consecutive days will be sent a letter asking them if they
wish to continue their employment. Employees failing to
respond to the letter within five (5) calendar days will be
discharged.
H. In Converting, twelve-hour vacancies shall be filled before eight-hour
vacancies.
I. Employees who have been assigned to a Converting twelve-hour operation
shall remain on twelve hours so long as they make the Converting schedule.
J. Employees shall be assigned, by department seniority, to the same shift on
Saturdays as they worked during the week.
K. Employees shall have until 9:00 a.m. on Wednesday to submit requests for
Saturday off. The Company will post a list of all personnel requesting
Saturday off indicating acceptance or denial by the Company of such
request. This list will be posted on enclosed bulletin boards by the end
of the day shift on Thursday. Employees may request a copy of their
Request Off form from their Supervisor.
L. Once the weekly schedule is finalized and posted, the Company will not
move employees from job to job except in emergency situations where
qualified replacements, in key positions, are needed. This does not
preclude the Company from shutting down equipment on a shift and 74
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utilizing those personnel according to the provisions of this agreement.
M. The Company agrees to post work schedules for all departments on the
Thursday preceding the work week, whenever possible by 3:00 p.m.
N. It is understood by both parties that the Company is to be permitted a
leeway of not less than twenty-four (24) hours from the time work schedule
errors are reported to the Company for correction of same.
O. The Company and the Union may mutually agree to add to or change these
scheduling ground rules where permitted under the Labor Agreement.
P. In regard to vacation replacement vacancies being filled, the following
will apply:
1. Regarding the Bath and Towel lines in the Converting Department, two
(2) people from Bath and two (2) people from Towel lines will be
allowed to be on vacation per week and will be replaced on the
schedule.
2. Regarding the combined Napkin lines in the Converting Department,
one (1) person will be allowed to be on vacation per week and will
be replaced on the schedule.
3. In the Paper Machines, two (2) positions per shift will be granted
vacation as follows:
a. No two from any one machine off at the same time.
b. Progression will be used to fill vacancies.
4. In the Fiber Plant work group, one (1) person per shift will be
granted vacation as follows: a. Progression will be used.
5. Vacancies as a result of vacation-by-days may not be filled under
the above, items 1-4.
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SECTION 27
Change and Modification
A. This Agreement shall be in effect December 4, 1995, and shall remain in
effect until and including September 16, 1999, and from year to year
thereafter, unless terminated in accordance with provisions of Section 28
below.
B. If either party shall desire to change any provision of this Agreement, it
shall give written notice of such desire to the other party at least sixty
(60) days in advance of any anniversary date.
C. The giving of notice provided in subsection B above shall constitute an
obligation upon both parties to negotiate in good faith all the questions
at issue, with the intent of reaching written agreement prior to the
anniversary date.
D. Any provision of this Labor Agreement which is contrary to law will be
reviewed to conform to the legal requirements, however, all other
provisions of this Labor Agreement will remain in full force and effect.
SECTION 28
Termination of Agreement
A. At any time after the anniversary date, if no agreement on the questions
at issue has been reached, either party may give written notice to the
other party of intent to terminate the Agreement in not less than ten (10)
days. All provisions of the Agreement shall remain in effect until the
specified time has elapsed. During this period, attempts to reach an
Agreement shall be continued.
B. If the parties have failed to resolve their differences before the
specified time has elapsed, all obligations
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under this Agreement are automatically cancelled.
C. This Agreement shall be binding upon the parties hereto, their successor,
administrators, assigns and executors. In the event this operation or any
part of it is sold, leased, assignment, receivership or bankruptcy
proceedings, such operation shall continue to be subject to the terms of
this Agreement so long as the operation remains substantially similar to
that which is covered by this Agreement.
SECTION 29
Changes in Writing
A. No change of any provision of this Agreement shall be recognized or
effective unless such change is in writing and signed by the parties to
this Agreement.
B. All contract Agreements are to be incorporated in the Agreement. Any
future Agreements made after the signing of the new Contract will be in
written form and copies provided each bargaining unit employee at Company
expense.
C. This Agreement and Appendixes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 supersede
all prior Agreements and understandings, oral or written, expressed or
implied, and shall govern the entire relationship between the parties.
APPENDIX 1
Company Rules
Violations of all General Plant Rules and Operational Rules listed below shall
be managed under the following Progressive Discipline Schedule: (1) formal
documented verbal warning; (2) written warning; (3) suspension; and, (4)
discharge for cause; in these cases, the Labor-Management Committee must be
consulted before this
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action is taken in order to consider the facts, including the employee's overall
record. This Progressive Discipline Schedule will operate under a one year
moving period in regards to this Appendix.
GENERAL PLANT RULES:
1. Notices shall not be posted on Company property nor upon the
official Bulletin Boards without the permission of Management.
2. Loitering during working hours by employees shall not be permitted.
3. Members of employees' families, friends, and employees not on duty
shall not enter in or upon the Company property without permission.
4. No employee shall peddle, solicit, or offer for sale any article in
or upon the premises without permission from the Company.
OPERATIONAL RULES: (Reporting To Work... Reporting Off Work...etc.)
1. Employees must be in their working place ready for work at the
starting hour, and will remain at their designated places until the
regulated quitting time, unless properly relieved.
2. No employee shall leave his or her work except in the performance of
his or her duties without first obtaining permission from the
Supervisor, except in customary practices approved by Supervisors.
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3. Employees shall make every reasonable effort to notify their
Supervisor no later than four (4) hours preceding an intended
absence from work for any reason. Supervisors must be notified at
least sixteen (16) hours and in no case less than eight (8) hours
before any employee will be permitted to return to work after an
absence. Employees scheduled on the 3-11 shift must report in for
work after an absence, no later than six (6) hours prior to the
start of the shift.
4. If an employee becomes ill (not work related) while they are at work
the following procedure will be followed:
a. Supervisor or Plant Nurse may or may not communicate with the
employee's family doctor.
b. If the Supervisor, Plant Nurse or the family doctor feels it
is necessary for the employee to be transported by ambulance
one will be called.
c. When the employee receives the ambulance xxxx they should
submit it to their medical plan, currently Blue Cross and Blue
Shield of Northeastern, PA.
d. The employee should bring in proof of the unpaid balance for
this ambulance xxxx to the Human Resources Department.
e. The Company will pay for the unpaid balance.
The Company will use their discretion as to whether an employee should be
transported by ambulance. If the Company decides it is necessary for the
employee to be transported by ambulance and the employee refuses, a direct
order will be issued. Failure to follow the direct order will lead to
termination. This procedure is to be
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considered a guideline. It is the Company's discretion to modify the
contents of this guideline when necessary.
5. Eating will not be tolerated except during lunch periods as
specified in the contact, unless approved by the Supervisor. Thls
does not apply to those working on a three (3) shift basis who do
not have a specified lunch period.
IMMEDIATE DISCHARGE: (General / Operational Rules continued)
1. Violation of the following rules shall be considered sufficient
cause for dismissal:
a. Use, possess, manufacture, distribute, dispense or receive
alcohol, intoxicants or controlled substances
(drugs...including prescription drugs) on Company premises
(see Substance Abuse Policy).
b. Bringing firearms in the Mill or on Company property, without
permission from the Resident Manager.
c. Neglect of duty.
d. Refusal to obey orders or instructions from the Supervisor.
e. Deliberate destruction or unauthorized removal or theft of
Company's or employees' property or outside contractors'
equipment.
f. Disfigurement of Bulletin Boards and interference with Company
notices.
g. Disorderly or immoral conduct.
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h. Dishonesty.
i. Sleeping on duty.
j. Smoking on duty in prohibited areas.
k. Stealing or removing from the plant any tools or materials
belonging to the Company, except with written permission from
the Supervisor.
l. Registering or tampering with another employee's time
card/clock, i.e., punching in/out for another employee(s).
m. Leaving Company property during work hours without permission
from Supervision.
2. It is understood that the Company reserves the right, after due
consultation with the Labor-Management Committee to alter or add to
the Company Rules whenever the conduct of the Company's business so
requires, providing that such alterations or additions are not in
conflict with the other terms of the contract.
3. Any unfair application of these rules or penalties connected
therewith will be subject to the Grievance Procedure.
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APPENDIX 2
Safety Regulations
Penalties for violations of the foregoing, with the exception of Safety
Regulation 33, are as follows:
1st Offense -- Formal Documented Verbal Warning
2nd Offense -- Written Warning
3rd Offense -- Five (5) Day Suspension
4th Offense -- Discharge For Cause ; in these cases, the Labor-Management
Committee must be consulted before this action is taken in order to
consider the facts, including the employee's overall record. The
progressive penalty schedule outlined above will be applied under a one
year moving period.
Careless workers are a menace to themselves and to their fellow workers. They
cannot be retained by this Company.
1. Everything in and about the plant shall be kept clean and in good
order. Each employee will be held responsible for the condition of
the plant and the equipment under his or her control.
2. Running, shouting, throwing objects and "horseplay" are strictly
forbidden.
3. The breaking or separating of rolls, packages or other forms or
paper across any part of the body is expressly forbidden.
4. Keep yourself in physical condition to do a day's work.
5. Wear clothes suited to the job; gloves, if needed. Use goggles and
other protective equipment provided.
6. Listen to the Supervisor's instructions and have them clearly in
mind before starting work.
7. If you don't know how to do the job safely, ask your Supervisor.
8. Always use all safeguards provided.
9. Pile and unpile material with care. Handling material is the
greatest accident producer in this plant. When you see nails
sticking up in boards, bend them over or remove them.
10. Keep material out of walkways, particularly boards with nails in
them.
11. Warn employees working above or below you.
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12. When working with another employee, be sure he or she knows what you
are going to do before you drop a load or do anything which might
injure him or her. Good teamwork promotes safety.
13. Have both hands free for going up or down ladders. See that ladders
are firmly placed before using them. See that all rungs are securely
nailed.
14. Report unsafe conditions to your Supervisor.
15. Get help for lifting heavy objects. Learn to lift the correct way.
16. Report all injuries promptly. Get immediate First Aid.
17. Keep your mind on your job. Alertness prevents accidents.
18. Never try to oil, clean or adjust machinery while it is in use.
19. Never throw anything from a height until you are sure no one is
below.
20. Do not look at welders or cutters while they work. You might ruin
your eyes.
21. Do not wear ragged sleeves, loose coats, flowing ties or loose
jumpers while working around machinery.
22. Do not use improper or broken tools, they are dangerous.
23. Do not ride loads being lifted by cranes.
24. Do not get under loads which are being carried by cranes.
25. Do not hoist a load until it is securely made fast and balanced.
26. Never start machinery, operate valves, or change electric switches
until you know by personal investigation that it is safe.
27. Do not fix electrical equipment of any kind, unless your work
requires it.
28. Never turn compressed air on anyone, nor on yourself; it is
extremely dangerous.
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29. If an employee's full rim glasses are broken or damaged as a result
of a witnessed on the job accident, not involving horseplay,
replacement of the broken parts will be paid for by the Company.
Lenses will not be paid for if the prescription is changed.
30. The wearing of shorts will be authorized whenever not in conflict
with safety requirements.
31. The Company will reimburse an employee for the purchase of safety
shoes in the amount of $20.00 per pair with a maximum of $40.00 per
year.
32. All accidents shall be reported at once by the injured employee to
the immediate Supervisor or Human Resource Manager.
33. No smoking allowed except in the following areas: Wet Ends No. 4 and
No. 3 Paper Machines, Machine Shop, Mechanics Lunch Room, Designated
Cafeteria and Boiler Room. Other areas to be stipulated by Bulletin
Board notices if the occasion arises.
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APPENDIX 3
LETTER OF AGREEMENT
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX & XXXXXX WIS., INC.
CONCERNING
THE AMERICANS WITH DISABILITIES ACT
The Company and the Union agree to meet and discuss actual or potential
accommodation that may be required by the implementation of the Americans with
Disabilities Act. The purpose of these meetings will be to come to some
agreement when reasonable accommodation that may violate parts of this agreement
may have to be made to comply with the Act.
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APPENDIX 4
SUBSTANCE ABUSE PROGRAM
(This program is separate from "Self Referral")
Policy:
The Union and Company jointly recognize alcoholism and drug abuse as illnesses
which are treatable. It is also recognized that it is for the best interests of
the employee, the Union, and the Company that these illnesses be treated and
controlled under the existing collective bargaining contractual relationship.
Our concern is directed at alcoholism and drug problems which permit the
employee to perform the job in an unsafe and inefficient manner and cause poor
attendance and unsatisfactory performance on the job. Our sole objective is to
help not harm. This program is designed for rehabilitation and not elimination
of the employee.
Any employee who participates in this program will be entitled to all of the
rights and benefits provided to other employees who are sick, in addition to
specific services and assistance which this program may provide.
It shall be the responsibility of all employees in a supervisory position to
comply with the Company's policy and to assure any employee with an alcohol or
drug problem that a request for diagnosis or treatment will not jeopardize their
job rights or job security and that confidential handling of the diagnosis and
treatment of these problems is an absolute fact--not just an assertion.
This policy is written in the spirit of complying with the Drug-
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Free Act of 1988. The Act requires each Federal Contractor to certify that it
will provide a drug-free workplace by fulfilling seven requirements. These
requirements are the basic elements of the contractor's on-going responsibility
to make good faith efforts to maintain a drug-free environment. A key action
under the Act requires the Company to establish a drug-free awareness program to
inform employees about the dangers of workplace drug abuse, the Company's
drug-free workplace policy, the availability of drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed for drug
abuse violations.
Objectives:
1. To comply with the Drug-Free Workplace Act of 1988.
2. To protect the health and welfare and safety of all employees.
3. To protect the Company's assets.
4. To promote the highest levels of plant performance.
5. To rehabilitate employees through the application of the EAP program
for present employees who have shown positive results from drug
screens.
6. To provide due process, fair treatment, and respect for employees'
privacy for all employees covered by this policy. This policy
includes all employees at Xxxx & Xxxxxx'x, Xxxxxx and Pittston
Township, Pennsylvania operations.
7. To promote the principle of shared responsibility in managing this
matter.
Work Rules:
All employees must report to work in a physical condition that will enable them
to perform their jobs in a safe and efficient manner. Employees shall not:
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APPENDIX 5
DECLARATION OF PRINCIPLES
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND TALBOT, WIS., INC.
CONCERNING
TEAM WORK
1. It is to the mutual interest of the employer and the employees to
provide for the operation of the facilities under methods which will
further to the fullest extent possible the economic welfare of the
employees, the safety of the employees, economy of operation,
quality and quantity of output, cleanliness of the facilities, and
protection of property. It is agreed that the Company, the Union,
and the employees will cooperate fully for the advancement of these
conditions.
2. The entire facility(s) will operate utilizing the principles of
cooperation and teamwork for safety and efficiency.
3. Each line of progression and/or nonprogression department will work
as an operating team which at times will be assisted by a
maintenance team. The company agrees that it is not their intention
to make maintenance employees out of operators or operators out of
maintenance employ-
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ees. This means, for example, that maintenance employees will assist
production employees and production employees will assist
maintenance employees within the limits of their skills and safe
work practices throughout the operation. This also means that
maintenance employees will assist maintenance employees of other
trades and perform incidental work outside their trade and assigned
job.
4. Each member of a team has primary responsibilities in his/her
respective classification. However, they will also be responsible to
assist any and all other team members when the need arises.
Operations members in lines of progression will be expected to be
able to perform the functions of the two (2) classifications above
them in the operating line of progression. Team members may not
select certain tasks within the team's areas of responsibility to
the exclusion of other tasks. No team member has exclusive
jurisdiction over any task. The supervisor may make task assignments
in a manner considered by the supervisor to be the most efficient.
5. Recognizing that all teams are interdependent, cooperation/
communication between teams is a part of the standard operating
procedure.
6. Vacancies shall be filled only when supervision determines it is
necessary to do so.
7. The Company and the Union recognize that using and developing the
most efficient methods of operation enhances the competitive
position of the operations and the secu-
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rity of all employees. With this in mind, the Company and Union
agree to establish a Competitive Improvement Oversight Committee.
The parties agree to focus the Committee's activities on improving
the operation's ability to: (1) meet customer needs; (2) develop
more efficient operations; (3) obtain and maintain a competitive
edge; and (4) utilize the full potential of employees. Each party
will select three (3) members to serve on this Committee.
APPENDIX 6
MEMORANDUM OF AGREEMENT
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND XXXXXX, WIS., INC.
CONCERNING
MAINTENANCE DEPARTMENT RESTRUCTURING
It is understood that those maintenance and electrical employees who normally
work (meaning for this application...prior to April 29, 1995) in the Converting
& Distribution Center shall be retained as a group under the newly formed CDC
Maintenance Department. Those affected employees shall move into the CDC
Maintenance Department with their established department seniority from their
former depart-
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ment.
All provisions of Section 24, Maintenance Program, will be applied to the CDC
Maintenance Department.
APPENDIX 7
LETTER OF UNDERSTANDING
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND XXXXXX, WIS., INC.
CONCERNING
12-HOUR SHIFT SCHEDULE
It is understood that changes made in the Labor Agreement relative to the term,
"4-crewing" are intended to incorporate the application of the "12-hour shift
schedule." In the event that the parties have not identified all "4-crewing"
language references in the Labor Agreement, it is understood that those "missed"
applications would be changed to the "12-hour shift schedule reference if
needed. Further, in the event that the "12-hour shift schedule" application was
not exercised by the parties at any point in time to the future, then all
previous "12-hour shift schedule" applications (aforementioned) would apply to
"4-crewing" applications, where applicable. Note, as an example, the "8-hour"
shift application procedure(s) would apply (versus the "12-hour" procedure) to
the "4-crew-
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ing" application.
APPENDIX 8
LETTER OF UNDERSTANDING
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND TALBOT, WIS., INC.
CONCERNING
MATERIAL SUPPORT
1. The Company will retain the Materials/Support Department as a
Department.
2. Employees in the Materials/Support Department will be required to
work as a team(s) as determined by the Company. It would be
anticipated that a team designation will be set up for both CDC and
Xxxxxx, respectively.
3. The Company shall have the exclusive right to determine job content,
staffing levels, and the like.
4. Consistent with the parties' intent to minimize overtime costs, the
Company will utilize qualified employees (i.e., those with a valid
lift truck drivers license) under the guidelines described in
Section 5, Overtime.
5. All temporary Materials/Support positions eliminated.
6. Employees designated by the Company shall
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be required to drive a lift truck or other power material moving
equipment as determined by the Company.
APPENDIX 9
MEMORANDUM OF AGREEMENT
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND TALBOT, WIS., INC.
CONCERNING
PENSION
Effective November 1, 1995, the monthly pension benefit earned will be $20.00
multiplied times years of credited service. This reduction will not take away or
reduce any pension benefits that have been earned under the plan for service
through October 31, 1995. The benefit level for service as of October 31, 1993
was $29.00. This level applies only to those employees in active service as of
that date.
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APPENDIX l0
MEMORANDUM OF AGREEMENT
BETWEEN
UNITED PAPERWORKERS INTERNATIONAL UNION
LOCAL 1448
AND
XXXX AND XXXXXX, WIS., INC.
CONCERNING
401-K PLAN
Effective 4/1/96, all bargaining unit employees will be eligible to participate
in the Company's 401-K plan in effect at that time. There will be no company
contributions. All rules and regulations in effect under the Company's 401-K
Plan on 4/1/96 shall be followed by all plan participants.
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Xxxx & Talbot Wis., Inc.
CONSUMER PRODUCTS DIVISION
FOR THE COMPANY:
Xxxxxx Xxxxxxxx,
Resident Manager
Xxxx Xxxxxx,
Converting & Distribution
Superintendent
Xxxxxx Xxxxxxxxx,
Human Resources,
Administrative Assistant
(Note taker)
Xxxxxx Xxxxxx,
Human Resources,
Accounting & Purchasing
Manager
Xxxxxx Xxxxxxx,
Corporate Manager
Industrical Relations
Organization Dev.
FOR THE UPIU:
Xxxxxx Xxxxx,
President
Xxxxxxx Xxxxxxx,
Vice President
Xxxxx Xxxxxxx,
Recording Secretary
Xxxxxx Xxxxx,
Financial Secretary
Xxxx Xxxxxxxxxx,
Treasurer
Xxxxx Xxxx,
Executive Board
Xxxxxx Xxxxx,
Executive Board
Xxxxxxx Xxxx,
International Representative
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XXXXXX and PITTSTON TOWNSHIP PLANTS
1. Use, possess, manufacture, distribute, dispense or receive alcohol,
intoxicants or controlled substances (drugs...including prescription
drugs) on Company premises.
2. Report to work with any measurable amount of a controlled substance,
intoxicant or illegal drug in their system.
Medication prescribed by a physician is an exception when the physician
prescribing medication has released the individual to work while taking
the prescribed medication. Abuse of prescribed drugs is a violation of
this program.
Employees who violate the above work rules shall be subject to appropriate
discipline up to and including discharge for cause. However, it is the
primary intent for most infractions to encourage and assist employees in
treatment and rehabilitation.
Testing for Cause:
1. Random drug/alcohol tests are strictly prohibited. Employees who are
returned to work after completion of treatment but who remain under
the terms of an aftercare program, shall be subject to unannounced
follow-up tests. In keeping with the purposes and policies of the
program, drug/alcohol screens are to be administered only when there
is probable cause to believe that the employee is under the
influence of or impaired by alcohol or drugs. Probable cause
includes abnormal coordination, appearance, behavior, speech or
odor. It can also include work performance and attendance problems.
2. No drug/alcohol screen is to be performed until the 97
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supervisor's probable cause has been confirmed by another management
representative. Note, the supervisor's efforts should be properly
documented, preferably in writing. The employee will be provided
with an opportunity to explain his/her conduct. The supervisor will
explain the employee's right to have a union representative or
fellow employee present, if requested.
3. Failure to submit to a test required on one of the above basis will
be grounds for discharge. Employees who feel that they have a
legitimate grievance must still submit to the test and then file a
grievance in accordance with the Labor Agreement. An employee may
forego the test if the employee voluntarily consents to obtaining
assistance and immediately enters into a written Referral Agreement.
The Company will apply all medical/ related treatment charges to the
Company's Health & Welfare, Blue Cross/Blue Shield benefits package
for an employee who elects to voluntarily consent.
4. An employee who has a confirmed positive test will be referred to
the EAP. Employees referred to an EAP will have disciplinary action
withheld pending satisfactory completion of the referral agreement
requirements (which includes aftercare).
5. An employee who has a confirmed positive test will only be provided
with one (1) opportunity for rehabilitation under this Program. The
Company will apply all medical/related treatment charges to the
Company's Health & Welfare, Blue Cross/Blue Shield benefits package
for employees who receive treatment after testing positive. Testing
Procedures:
1. The Company and the Union will select reputable facili 98
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ties for base and confirmatory testing. The facility for
confirmatory testing must meet all the standards set by Federal
Health Agencies for laboratory performance and they must employ
certified Medical Technologists and Technicians. The selection
process includes following testing procedures that provide the most
accurate test results, maintaining the most complete chain of
custody and quality control procedures, insuring maximum
confidentiality.
2. The employee will have the opportunity to have a reputable testing
facility test the same sample submitted to the original test
facility. Accepted chain of custody procedures must be followed and
the test facility must meet all standards set by Federal Health
Agencies for laboratory performance using certified Medical
Technologists and Technicians. An employee may request the
independent test by notifying the Resident Manager in writing within
two calendar days after the day the employee is informed of the test
results. The test result will be kept confidential and will be
available only to a designated Company representative, a designated
Union representative or a designated Legal representative.
A. An employee who requests an independent sample test under Paragraph 2
(above), will be reimbursed for his/her expenses for the independent test
if the test result is negative. Otherwise, an employee with a positive
test result is responsible for the test expenses.
B. An employee who, after requesting an independent test under Xxxxxxxxx 0
(xxxxx), xxxxxxxx a negative test result, will be paid for lost time from
work.
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3. Sample collection is to be accomplished in a manner compatible with
employee dignity. It is technically feasible to verify that a sample
has not been tampered with without subjecting the screened employee
to a degrading experience.
4. Drawing blood samples to perform drug/alcohol screening for the
purpose of this policy is prohibited.
5. Employees required to take a test will be placed on an unpaid leave
of absence pending the receipt of the test results. Employees who
test negative will be paid for time lost from work.
a. Employees who test negative will be paid for lost time from
work (per Paragraph 5) and 40 hours at their regular rate of
pay for any repeat testing requests which produce negative
test results.
6. Any employee who has a confirmed positive test will be referred to
the Employee Assistance Program. This referral and any subsequent
treatment, including aftercare, is a condition of continued
employment. The state level for alcohol will be used to determine a
positive test for alcohol.
7. None of the testing procedures are intended to be in violation of
the law, and if they are, they shall be eliminated without
interfering with other parts of this program.
8. An employee will have the right to use the grievance and arbitration
system in the current Labor Agreement to challenge any aspect of the
testing procedures.
Referral Agreement:
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1. It is the intent of the Company and the Union to correct problems
associated with drugs and alcohol. Therefore, an employee who
voluntarily enters into treatment in lieu of a required test or has
a positive result on a test will have disciplinary action withheld
pending satisfactory completion of the Referral Agreement
requirements.
2. The terms and conditions of each Referral Agreement will be put in
writing and signed by the employee, the Union, and the Company. Each
Referral Agreement will contain some basic core requirements, but
will be designed giving consideration to the individual's
circumstances. The disciplinary action will be abated for an
employee who satisfactorily completes the treatment program
prescribed by his/her counselor and who meets the terms and
conditions of the Referral Agreement.
3. An employee who fails to cooperate, abandons, or does not complete
the treatment program prescribed by his/her counselor or who fails
to live up to the terms and conditions of the Referral Agreement
will receive the previously withheld discipline. However, before the
disciplinary action is imposed, the Company and the Union
representative will attempt to counsel the employee in completing
the treatment program.
4. Whether an employee volunteers to participate in a treatment program
or is required to participate as a condition of continued
employment, that employee shall continue to be subject to the same
rules, working conditions, and disciplinary procedures in effect for
other employees, i.e., employees cannot escape discipline for future
infractions by being enrolled in a treatment program. Employees will
not be allowed to elect rehabilitation (i.e., voluntarily con 101
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sents) in lieu of discipline more than one time.
Union Liability:
1. The parties agree that this program will not diminish the rights of
individual employees under state and federal laws relatinq to drug
testing.
2. The Company agrees to hold the Union harmless and agrees to pay the
reasonable and normal expenses of an attorney for the Union in
defending joint litigation arising from the implementation of this
program.
General Provisions:
1. This policy does not apply to EAP self-referrals (which are covered
under the Company's BC/BS Plan).
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