EXHIBIT 3
AGREEMENT BETWEEN XXXX WHOLESALERS OF DAYTON, INC.
AND MILLMEN'S LOCAL 684 OF OHIO
CARPENTERS INDUSTRIAL COUNCIL AND
GREAT LAKES REGIONAL INDUSTRIAL COUNCIL
MAY 1,1998 TO APRIL 30, 2001
INDEX
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ARTICLE I RECOGNITION PAGE 1
ARTICLE II UNION SHOP PAGE 1
ARTICLE III MANAGEMENT RIGHTS PAGE 1
ARTICLE IV UNION ACTIVITY PAGE 2
ARTICLE V HOURS OF WORK PAGE 2
ARTICLE VI UNION RIGHT OF ACCESS TO PLANT PAGE 3
ARTICLE VII HOLIDAYS PAGE 3
ARTICLE VIII VACATIONS PAGE 4
ARTICLE IX SENIORITY PAGE 6
ARTICLE X LEAVE OF ABSENCE/JURY DUTY PAGE 7
ARTICLE XI FUNERAL LEAVE PAGE 8
ARTICLE XII GRIEVANCE PROCEDURE PAGE 8
ARTICLE XIII NO STRIKES, NO LOCKOUTS PAGE 9
ARTICLE XIV UNION STEWARDS PAGE 10
ARTICLE XV INTENTION/CONFORMITY TO LAW PAGE 10
ARTICLE XVI BULLETIN BOARDS/POSTING PAGE 10
ARTICLE XVII SHOP COMMITTEE PAGE 11
ARTICLE XVIII WAGE RATES PAGE 11
ARTICLE XIX INSURANCE PAGE 12
ARTICLE XX DUES/INITIATION FEES CHECKOFF PAGE 12
ARTICLE XXI PENSION PLAN PAGE 13
ARTICLE XXII INDIVIDUAL RETIREMENT ACCOUNTS -
PAYROLL DEDUCTIONS PAGE 13
ARTICLE XXIII BONDING PAGE 13
ARTICLE XXIV SAFETY REQUIREMENTS PAGE 13
ARTICLE XXV DURATION OF AGREEMENT PAGE 13
EXHIBIT "A" WAGES
EXHIBIT "B" PENSION
EXHIBIT "C" ALCOHOL/DRUG ABUSE POLICY
AGREEMENT
THIS AGREEMENT is entered into between XXXX WHOLESALERS OF DAYTON, INC.,
an Ohio corporation, with its principal place of business in Vandalia, Ohio,
hereinafter referred to as the "Company", and MILLMEN'S LOCAL 684 OF THE UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, GREAT LAKES REGIONAL
INDUSTRIAL COUNCIL, hereinafter referred to as the "Union".
ARTICLE I. RECOGNITION.
The Union having been duly certified by the National Labor Relations
Board, under date of April 7, 1955, in Case Number 9-RC-2441, as amended May 11,
1976 in Case Number 9-AC-58, is recognized as the exclusive collective
bargaining representative of all employees employed by the Company at its
Vandalia, Ohio plant exclusive of office clerical employees, office janitors,
professional employees, guards and supervisors, as defined in the National Labor
Relations Act, with respect to rates of pay, wages, hours of employment and
other conditions of employment.
ARTICLE II. UNION SHOP.
The Company agrees that, as a condition of employment, all employees in
the bargaining unit represented by the Union shall, subject to the limitations
and conditions specified in the National Labor Relations Act, as amended, and in
particular Section 8(a)3 thereof, become and remain members in good standing of
the Union upon the 31st day following date of hire. The Company agrees to notify
the Union of the name, date of hire and payroll group classification of all new
employees covered by this Agreement.
Section 2. Supervisors are permitted to perform no bargaining unit work unless
more than 20% of the work force should become unavailable for any reason.
Section 3. In the event Bargaining unit members are promoted to management
and/or supervisory positions, as defined in the National Labor Relations Act, he
shall retain his position on the plant master seniority list no longer than a
period of 120 calendar days. Upon his return to the bargaining unit alter one
hundred and twenty (120) days the aforementioned employee shall be placed at the
last position on the plant wide seniority list.
ARTICLE III. MANAGEMENT RIGHTS.
The management of the Company and the direction of its working force,
including, but not limited to, the right to plan, direct and control plant
operations, hire, suspend or discharge for just cause, and to transfer or
relieve employees from employment because of lack of work, or for other
legitimate reasons, and the right to introduce new and improved production
methods, and to make,
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post and enforce reasonable shop rules which shall be fairly and uniformly
applied to all employees shall be vested exclusively in the Company, except as
restricted by this Agreement. The Company agrees to post said shop rules on the
Company bulletin board at least two weeks prior to being effective, unless a
rule involves health or safety.
ARTICLE IV. UNION ACTIVITY.
The Union agrees that, except as otherwise provided in this Agreement,
neither it nor the employees represented by it will conduct any union activity
on Company premises or time, without prior approval by the Company.
ARTICLE V. HOURS OF WORK.
Eight (8) hours of work per day shall constitute a scheduled day's work.
Forty (40) hours of work per week, consisting of five (5) days of eight (8)
hours each, beginning with Monday of each calendar week shall constitute a
regular scheduled work week. Right is reserved to the Company to work such
scheduled work days and work weeks as it determines advisable, subject as herein
provided. Nothing herein contained shall be construed as a guarantee of any
hours of work for any one day or any one work week.
The Company reserves the right to require overtime on any job, and the
most qualified employee in the department who performs the job regularly shall
be given the first opportunity to perform the overtime work, then the employee
with the most seniority in the department shall be given the opportunity to
perform overtime work. If more qualified employees in the department decline the
overtime work, then the Company will offer the overtime work by seniority to
qualified employee(s) in the plant. If more qualified employees in the
department are needed after the plant-wide offering, then qualified employees in
the department shall be required to perform the work in reverse order of
seniority. In all cases, the Company's sole discretion and judgment shall
determine if an employee is qualified to do the job. No employee will be
required to work more than ten (10) hours per day or more than fifty (50) hours
during the regular work week except on a voluntary basis. Saturday overtime
shall be offered plant wide on a voluntary basis by seniority. If more employees
are needed than volunteer for Saturday overtime then the Company may required
employees to work in reverse order of seniority. Employees shall be notified by
3:00 p.m. if they are required to work overtime.
Any time worked in excess of eight (8) hours in any one day shall be paid
at the rate of one and one-half (1 1/2) times the regular established hourly
rate of pay of the respective employee. Any time worked in excess of forty (40)
hours in any one workweek shall be paid for at the rate of one and one-half (1
1/2) times the regular established hourly rate of pay of the respective
employee. Overtime rate paid for hours in excess of eight (8) in any one day
shall be credited against overtime rate of pay required with respect to work
hours in excess of forty (40) in any one workweek.
Any time worked on a Saturday shall be considered as overtime hours and
shall be paid for at the rate of one and one-half (1 1/2) times the employee's
regular established hourly rate of pay, and
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any time worked on a Sunday shall be considered as overtime hours and shall be
paid at double the employee's regular established hourly rate of pay. "SATURDAY"
as herein used shall mean twenty-four (24) consecutive hours starting at
midnight Friday night or at the end of any regular shift constituting the fifth
regular workday shift in such workweek, whichever time is later. "SUNDAY" as
herein used shall mean twenty-four (24) consecutive hours starting at midnight
Saturday night or at the end of any regular shift constituting the sixth workday
of such workweek, whichever time is later. "SATURDAY" or "SUNDAY" pay in excess
of regular established hourly rate of pay shall be credited against overtime of
pay required for work hours in excess of forty (40) in any workweek. Only one
premium rate of pay, the highest, shall be applied to any work hours, and there
shall be no pyramiding of overtime on overtime.
Employees scheduled to work overtime for more than one (1) hour shall be
given a ten (10) minute break at the start/end of the overtime work period.
The Company will notice mandatory Saturday overtime no later than 10:00
a.m. on the Thursday prior thereto.
ARTICLE VI. UNION RIGHT OF ACCESS TO PLANT.
Duly authorized representatives of the Union shall have access to the
Company's plant at reasonable times during working hours, for legitimate Union
purpose, upon prior notification to the Company at its plant office.
ARTICLE VII. HOLIDAYS.
a. Holidays. The Company agrees to pay to employees covered by this
Agreement eight (8) hours straight time pay for each of the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the
day after Thanksgiving Day, Christmas Eve, Christmas Day, and the Employee's
Birthday or New Year's Eve at the option of an employee with at least two (2)
weeks notice to the Company.
To be entitled to receive such holiday pay, the employee shall have been
employed by the Company for at least thirty (30) calendar days prior to such
holiday and shall have worked the full scheduled workday immediately before and
the full scheduled workday immediately after such holiday unless the employee
was unable to so work the full scheduled workday before and/or the full
scheduled workday after such holiday on account of sickness, injury or
circumstances beyond the control of the employee. The Company shall have the
right to require the employee to submit reasonable proof of inability to work
due to sickness, injury or circumstances beyond the control of the employee.
The Company reserves the right to reschedule an employee's birthday
holiday at a time mutually agreeable between the Company and employee. Should
the date coincide with a legal holiday or vacation, it shall be rescheduled for
a mutually agreeable time.
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When any holiday covered by this Agreement falls on a Saturday or Sunday,
the day legally observed as such holiday shall be recognized as the holiday for
the purpose of this provision. When any such holiday occurs during an employee's
vacation time, the employee will receive holiday pay in addition to vacation
time pay.
If any employee is required to work on any of the above named holidays, he
shall be paid double his regular hourly rate of pay for work (minimum of four
(4) hours work), and in addition thereto shall receive the eight (8) hours of
holiday pay above provided.
Unworked holiday time shall be computed as "time worked" for purpose of
computing overtime pay, excepting, however, any such holiday falling on Saturday
or Sunday.
ARTICLE VIII. VACATIONS.
As used herein "Continuous Service" shall mean the number of years that an
employee has been employed by the Company computed from January 1 first
occurring after the date on which the employee was last hired by the Company.
Each employee who on January 1 of each year has Continuous Service for the
length of time set forth below and who has worked for the Company at least 1,600
hours during the twelve (12) month period immediately preceding said January 1
shall receive a vacation with pay as follows:
CONTINUOUS
SERVICE HOURS VACATION PERIOD VACATION
------------- --------------- --------
1 year but less than 3 years 1 week 40 hours
3 years or more 2 weeks 80 hours
10 years 3 weeks 120 hours
15 years or more 3 weeks, 1 day 128 hours
Each employee who has performed less than 1,600 hours of work for the
Company during the twelve (12) month period immediately preceding the January 1
vacation entitlement date shall receive a vacation with pay in accordance with
the following schedule:
1600 or more hours 100% of above schedule
1500 to 1599 hours 90% of above schedule
1400 to 1499 hours 80% of above schedule
1200 to 1399 hours 70% of above schedule
1000 to 1199 hours 60% of above schedule
800 to 999 hours 40% of above schedule
600 to 799 hours 30% of above schedule
400 to 599 hours 20% of above schedule
200 to 399 hours 10% of above schedule
0 to l99 hours none
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Each employee of the Company who has less than one year of Continuous
Service as of the January 1 first occurring after such employee's last date of
hire shall receive a proportionate part of one week's vacation with pay as set
forth above. Any vacation with pay taken by an employee with less than one year
of Continuous Service shall be scheduled after all employees with one year or
more Continuous Service have scheduled their vacations.
Vacation pay in lieu of time off shall be given for all fractional days of
vacation which an employee may be entitled to under the terms hereof.
For purposes of computation of vacation entitlement all hours paid,
regular, overtime and holiday, shall be counted as hours worked. Overtime hours
shall be counted as straight time hours for such computation.
All vacation pay shall be at the rate of the employee's regular
established straight time hourly rate in effect at the time such vacation is
taken.
In the event of termination of employment, the employee shall be entitled
to receive vacation pay which has accrued to date of termination in accordance
with the schedules set forth above. The Continuous Service as of date of
termination shall be the Continuous Service which the terminated employee had as
of the January 1 immediately preceding date of termination. The vacation
entitlement which an employee accrues from such January 1 to date of termination
shall be in addition to the vacation entitlement which the employee had accrued
as of the January 1 immediately preceding date of termination.
Each employee entitled to more than one week of vacation shall be
permitted to schedule one week of his vacation during the period from Memorial
Day through Labor Day, provided, however, in situations where no other
reasonable alternative exists the Company may, after consulting with the Union,
exercise the right to reschedule all or any part of the vacation of any employee
to some other time if, in the opinion of the Company, it is required for the
proper and efficient conduct of the Company's business. If an employee properly
has scheduled part of his vacation during the period from Memorial Day through
Labor Day and the Company determines that it is necessary to reschedule that
part of said vacation, the Company will attempt in good faith to reschedule that
part of said vacation at another time during the period from Memorial Day
through Labor Day if desired by the employee. The Company will also attempt to
give an employee as much advance notice of rescheduling as practical.
Should an employee lose time at work due to an illness or condition which
the Company deems to be work related, then the Company will consider such time
off as worked for vacation entitlement purposes.
The Company will post a vacation scheduling chart on the bulletin board
during the first two weeks of December of each year. While the vacation
scheduling chart is posted, employees may sign up on said chart for vacation
scheduling in one week intervals which they prefer for the following year, and
seniority of the employees will govern the preferences of the employees,
provided, however,
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in situations where no other reasonable alternative exists the Company may,
after consulting with the Union, exercise the right to reschedule all or any
part of the vacation of any employee to be taken at any other time if, in the
opinion of the Company, it is required for the proper and efficient conduct of
the Company's business. Should the Company reschedule, or if the Company
requires an employee to take all or any part of his vacation at a certain time
designated by the Company, the Company will give the employee at least a one
week notice prior to the start of the so designated vacation. Any employee who
does not indicate his preference on the vacation scheduling chart during said
period of time, unless prevented by illness from doing so, will lose his right
to exercise seniority in vacation scheduling. The Company will allow two (2)
employees per department off at any one time for vacations during the period
from January 1 to April 30 and October 1 to December 31. The company will allow
one (1) employee per department off at any one time for vacation during the
period from May 1 to September 30.
ARTICLE IX. SENIORITY.
Seniority of employees, except bona fide students working during time of
vacations from school as hereinafter provided, shall commence with the date of
last hiring, provided, however, that no employee shall acquire any seniority
rights for the first ninety (90) days of employment, but if employed for more
than ninety (90) days, seniority shall date back to the date of hiring.
Employees for the first ninety (90) days of employment shall be considered
probationary employees, and the Company shall, during such ninety (90) days of
employment, be entitled to terminate the employment of such employees without
regard to seniority status and in the Company's sole discretion. The Union
agrees not to intervene in such termination. A seniority list, revised monthly,
will be posted by the Company on the bulletin board.
Bona fide students working temporarily during vacation from school shall
be subject to the provisions of Article II of this Agreement, but shall not
obtain any seniority status. The Company agrees that at no time will such
student employees exceed one student per each ten (10) employees or major
fraction thereof.
In the event of a decrease in the working force due to lack of work,
employees having no seniority shall be the first to be laid off. Thereafter,
employees shall be laid off in the reverse order of their seniority, provided
the employees having the greater seniority are qualified to perform the work
available in a reasonably workmanlike manner. In the event of an increase in the
working force, employees laid off and having seniority status with the Company
shall be called back in order of respective seniority, provided the employees
having the greater seniority are qualified to perform the work available in a
reasonably workmanlike manner. Any deviation from application of seniority in
layoff shall be discussed in advance with the Shop Committee. The Company shall
determine whether an employee is qualified to perform the work available in a
reasonably workmanlike manner. Any claimed abuse of the discretion of the
Company in making this determination shall be a proper subject for grievance
procedure. Further, in the event of a decrease in the working force, the Company
will give an employee seventy-two (72) hours notice of layoff unless there are
unforeseen circumstances, an emergency or an interruption of business.
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Seniority status of an employee shall be terminated in the event of a
layoff for one (1) year, or in the event that an employee quits or is discharged
for just cause and the discharge is not reversed through grievance procedure, or
in the event an employee on layoff is recalled to work and fails to report for
work within three (3) days after receiving notice to report for work or in the
event an employee is absent from work for three (3) consecutive workdays without
justifiable cause and fails to report for work by the assigned work starting
time for the fourth (4th) consecutive day.
A notice to an employee on layoff to return to work shall be sufficient if
delivered by telegraph or registered mail to such employee's last known address
as shown on the books of the Company. It is the obligation of the employee to
keep the Company notified at all times of his correct address for receipt of
notice.
When an employee enters or is called into active Military Service or into
Military training in the Armed Forces of the United States, he shall be granted
a leave of absence for such Military Service and, upon termination of such
Military Service, he shall be reemployed, provided he has received an honorable
discharge and reports for work within ninety (90) days after termination of such
Military Service and complies with any and all other applicable Governmental
Laws or Regulations with respect to reemployment rights.
ARTICLE X. LEAVE OF ABSENCE/JURY DUTY.
Right is reserved to the Company to grant leaves of absence to employees
without affecting seniority status of such employees, unless such leave of
absence is used by the employee for the purpose of obtaining or seeking other
employment and, if such occurs, the employee's seniority status shall be
terminated forthwith. The Company agrees to provide the Union with a copy of any
leave of absence so granted by it.
Any employee selected for a position with the Union which takes him away
from his work with the Company shall, upon written request from the Union,
receive a leave of absence for the period of his services with the Union. Upon
his return from a short term Union Leave, the employee will be returned to the
position he held prior to beginning his leave of absence with full seniority
status. Upon the return of an employee from a long term Union Leave the employee
will be returned to a position with the Company, not necessarily the same
position he held previously, with full seniority status. In computing such
employee's seniority credits, such leaves of absence shall be credited as time
worked for all applicable purposes. Long term leaves covered by this clause will
be restricted to one employee at any one time for a period of up to one (1)
year, and short term leaves will be restricted to up to two (2) employees at any
one time for a period of up to two weeks. The Company may deny a short term
leave in the case of an extreme business hardship where no other reasonable
alternative exists.
An Employee who is required to serve on a jury shall notify the Company as
soon as he receives notice to report. Such an employee will be paid the
difference between the amount received for jury service and eight (8) hours pay
at the regular rate for each day he is required to serve that would otherwise
have been scheduled to work for a period not to exceed two (2) calendar weeks
per
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year. The employee, to be eligible for this payment, shall provide a statement
from the court showing the dates served and payment received. An employee
serving as a juror and released from service on or before 12:01 p.m. shall
report to work to complete the regular hours of work.
ARTICLE XI. FUNERAL LEAVE.
The Company shall grant three (3) day's pay (twenty-four (24) hours at
straight time) to an employee who is absent from work for the purpose of
attending a funeral of his spouse, son, daughter, mother, father, mother-in-law,
father-in-law, brother, sister, grandparent or grandchild, provided he attends
the funeral.
The Company shall grant two (2) day's pay (eight (8) hours at straight
time) to an employee who is absent from work for the purpose of attending a
funeral of his half-brother, half-sister, step-child, step-mother, step-father,
step-brother or step-sister, provided he attends the funeral.
ARTICLE XII. GRIEVANCE PROCEDURE.
As used herein, the term "grievance" shall mean a complaint by an employee
against the Company alleging failure to comply with the provisions of this
Agreement. Any grievance that might arise shall be handled in the following
manner:
Step 1. Within three (3) working days after occurrence of the event
giving rise to the grievance, the aggrieved employee shall
first discuss the matter with the Shop Superintendent, with or
without a Union Xxxxxxx in attendance, as the aggrieved
employee chooses.
Step 2. If the matter is not resolved by the discussion referred to in
Step 1, then the grievance shall be reduced to writing, signed
by the aggrieved employee and presented to the Shop
Superintendent within three (3) working days after the
discussion referred to in Step 1. When the Shop Superintendent
receives the written grievance, he shall note the time and
date of receipt, together with his initials, on the face
thereof. Within three (3) working days after receipt of the
written grievance, the Company shall deliver its written
answer to the Union Xxxxxxx. When the Union Xxxxxxx receives
the written answer, he shall note the time and date of
receipt, together with his initials, on the face thereof.
Step 3. If the grievance is not resolved in Step 2, then the grievance
shall be referred in writing by the Union to the General
Manager of the Company within three (3) working days after
receipt of the Company's answer in Step 2, and, within five
(5) working days after it is so referred, a meeting shall be
held among the aggrieved employee, the Union Xxxxxxx, a
business representative of the Union, the Shop Superintendent
and the General Manager of the Company or his authorized
representative. In the event the
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General Manager of the Company or a business representative of
the Union is unavailable to meet within five (5) working days
after the grievance has been so referred to the General
Manager, then the meeting at this Step may be delayed up to an
additional five (5) days. Within three (3) working days after
the Step 3 meeting, the Company shall deliver its written
answer to the Union Xxxxxxx and shall mail a copy thereof to
the Union. When the Union Xxxxxxx receives the Step 3 written
answer, he shall note the time and date of receipt, together
with his initials, on the face thereof.
Step 4. If the grievance is not resolved at Step 3, then the Union
shall have the right to require that the grievance be
submitted to arbitration as hereinafter provided.
If the Union elects to submit any grievance to arbitration, it
shall notify the Company in writing within thirty (30) days
after receipt of the Company's Step 3 answer and shall
immediately thereafter request the Federal Mediation and
Conciliation Service to submit a panel of not less than nine
arbitrators from which one impartial arbitrator shall be
selected. The selection of the arbitrator from the panel shall
be accomplished within ten (10) working days after receipt of
the panel. The Union and the Company shall alternately strike
one name from the panel until only one name remains. Any
request by the Union to the Federal Mediation and Conciliation
Service to furnish such panel shall be in writing, and a copy
thereof shall be mailed to the Company at the same time that
the original is mailed to the Federal Mediation and
Conciliation Service.
The decision of the arbitrator shall be final and binding upon
the Company, the Union, the aggrieved employee and any other
party to the matter. The arbitrator shall not render any
decision which extends, modifies, suspends, alters, adds to or
deletes from this Agreement. The expenses of arbitration shall
be shared equally by the Company and the Union.
The time limits set forth in this Article XII are mandatory and may be extended
only by mutual written agreement.
ARTICLE XIII. NO STRIKES. NO LOCKOUTS.
There shall be no strikes, slowdowns, lockouts or other work stoppage by
the Company or the Union or employees represented by the Union during the term
of this Agreement. The Company agrees that the Union shall not be responsible
for any unauthorized strike, slowdown or other work stoppage by the employees
represented by it, provided the Union uses its best effort to terminate any such
occurrence and will publicly state that such strike is unauthorized and uses its
best efforts in
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good faith to obtain the termination of any such unauthorized action by the
employees. The Company shall have the right to discharge any employee who
violates the provisions of this Article XIII.
ARTICLE XIV. UNION STEWARDS.
The Union may designate one (1) employee (per 8 hour shift) to act as
Union Xxxxxxx for the administration of this Agreement on behalf of employees
represented by the Union. The Union Xxxxxxx shall be allowed reasonable time
during working hours to perform the Xxxxxxx'x duties and, during the term of his
office, shall be placed at the top of the seniority list, over all other
employees, in regard to layoff and recall only. The Union Xxxxxxx shall also be
excused from overtime work to attend the scheduled monthly Union meeting, if at
least seven (7) days advance notice is given.
ARTICLE XV. INTENTION/CONFORMITY TO LAW.
It is the intention and belief of the parties hereto that each of the
provisions of this Agreement complies with all applicable governmental laws,
rules and regulations, if any of the provisions of this Agreement shall be
declared invalid or inoperative by final order of any court or governmental
agency of competent jurisdiction, or if any provision of this Agreement shall
become invalid or inoperative due to enactment of new governmental laws, rules
or regulations, the Company and the Union agree to meet, upon written request
made by either party to the other for such meeting, and to negotiate in good
faith for the purpose of reaching agreement upon a mutually satisfactory
replacement for the provision or provisions which have been declared or become
invalid or inoperative as a result of any such final order or new governmental
law, rule or regulation.
ARTICLE XVI. BULLETIN BOARDS/POSTINGS.
The Company agrees to provide one (1) bulletin board located by or near
the time clock for use by the Union for notice to employees of Union activities.
Material to be posted by the Union on such bulletin board shall be approved by
the Company before posting, and approval shall not be unreasonably withheld.
Within three (3) workdays of a permanent position becoming open, the
Company shall post such opening on the bulletin board in writing. The notice of
the opening shall describe the principal duties associated with the current
vacancy and shall set forth which department vacation sign-up list will apply to
the opening. The notice shall remain posted for three (3) workdays before the
Company awards the position to any employee. Employees will be considered for
job openings who notify the Company of their desire to change classifications or
departments (Mill and Warehouse Departments) in writing during the three (3) day
posting period. The Company will then appoint the most senior employee who has
responded to the job posting. A ten (10) workday qualifying period will apply.
Within ten (10) workdays of being assigned the posted position, an employee may
decline the job and be returned to his regular position. On the tenth (10th)
working day of the trial period the Company shall return the employee to his
regular job if it has determined the employee has not proven the ability to do
the job. If no one has indicated an interest, the Company shall fill such
vacancy at its discretion. No employee may change classification or department
more than once per twelve (12)
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months. The Company will provide the Union Xxxxxxx with a copy of all job
posting.
ARTICLE XVII. SHOP COMMITTEE.
The employees represented by the Union may designate a Shop Committee,
consisting of not more than three (3) members, to meet with Company
representatives with respect to this Agreement. Meetings shall be monthly unless
waived by mutual agreement.
At the request of the Shop Committee, and with the permission of the
Company, the Union Business Representative will be permitted to attend any
meeting called by either party.
ARTICLE XVIII. WAGE RATES.
During the term of this Agreement, the wage rates set forth in Exhibit
"A", attached hereto and made a part hereof, shall apply.
It is agreed that the Company, in its discretion, may designate employees
within the bargaining unit to act as Group Leaders. Such Group Leaders may
perform any work within the group to which such Group Leader is assigned. A
Group Leader shall receive a rate of pay thirty cents (30 (cents)) per hour
above the highest rate of pay received by any employee in such group.
The Company agrees to pay a night shift premium of twenty cents (20
(cents)) per hour for all work performed on a regular shift beginning at or
after five o'clock (5:00) p.m.
The Company agrees to provide a ten (10) minute rest period during the
regular morning shift hours and a ten (10) minute rest period during the regular
afternoon shift hours, the exact times for such rest periods to be designated by
the Company in its discretion as reasonably close to the middle of such shift
hours as the Company determines practicable without adversely affecting
production and operating efficiency.
Bona fide students employed temporarily by the Company during vacation
from school shall be paid at a rate of not less than 2/3 of the applicable wage
rate set forth in Exhibit "A" and shall not be entitled to receive any fringe
benefits, except as may otherwise be required by law. Such students who return
to work during vacation from school in succeeding years shall receive the wage
adjustments per hour as set forth below in lieu of eligibility for fringe
benefits available to regular, full time employees:
2nd year 75% of applicable rate in Exhibit "A"
3rd year 85% of applicable rate in Exhibit "A"
4th year 100% of applicable rate in Exhibit "A"
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ARTICLE XIX. INSURANCE.
During the term of this Agreement, the Company will provide employees
covered by this Agreement with insurance benefits under the Xxxx Flex Benefits
Program. Eligibility, deductibles, co-insurance, credits, options and benefits
and all other terms and conditions are set forth in the Xxxx Flex Benefits
Program which is incorporated herein by reference. Short term Sickness and
Accident weekly benefit increase from 7% per year of service to 15% per year of
service.
ARTICLE XX. DUES/INITIATION FEES CHECKOFF.
Section 1. The Company agrees to deduct from the pay of each employee covered by
this Agreement all periodic dues and initiation fees uniformly required by
Millmen's Local Union No. 684 and Great Lakes Regional Industrial Council, or
its successors, provided that the Company has received a proper, effective
written authorization, signed by the employee, that conforms in all respects
with the requirements of the National Labor Relations Act, as amended, and to
promptly remit the amount of said dues and initiation fees to Millmen's Local
Union No. 684 and Great Lakes Regional Industrial Council or its successors.
Section 2. No later than the day of the thirty-first day (31st) after employment
or after the execution of this Agreement which ever is later, every employee,
excluding office, clerical employees, foremen, assistant foremen and other
supervisory employees as defined in the National Labor Relations Act, as
amended, shall apply for membership in the Union, shall tender periodic dues and
initiation fees uniformly required and shall maintain membership therein as a
condition of employment accordance with the terms of the Labor-Management Act of
1947, as amended.
Section 3. Not withstanding the provisions of Article XX. Section 2, any
employee who is not a member of the Union on the date of this Agreement and any
new employee hired during the life of this Agreement, may not later than the
thirty-first (31st) day after employment or after the execution date of this
Agreement, whichever is later, in lieu of complying with Article XX. Section 1
above, but as a condition of continued employment, pay to the Union an initial
processing fee and monthly representation fee as a contribution towards the
Union's cost of negotiating and administering this agreement as the sole and
exclusive bargaining representative of all employees, members and non-members
alike, which initial processing fee shall not be more than the regular
initiation fee and which monthly representation fees shall not be more than the
regular membership dues.
Section 4. In the event any employee becomes delinquent in the payment of the
required dues or representation fee, the Company shall be given written notice
thereof by the Union, and if the affected employee remains delinquent, his/her
employment shall be terminated in violation of any relevance statute.
The Union and its successors shall indemnify and save harmless the Company
against any claims made on account of action taken by the Company in reliance
upon information, forms or instructions furnished by the Union in connection
with this Dues/Initiation Fees Checkoff provision.
-12-
ARTICLE XXI. PENSION PLAN.
The Company agrees to pay the full cost of a Pension Plan for the benefit
of all employees covered by this Agreement, except student employees referred to
in Article XVIII hereof Said Pension Plan became effective on January 1, 1977,
shall be continued in full force and effect during the term of this Agreement,
and generally shall include provisions for the matters outlined in Exhibit "B"
attached hereto and made a part hereof.
NORMAL RETIREMENT BENEFIT
At the end of 3rd year of agreement: from $14.00 to $16.00
ARTICLE XXII. INDIVIDUAL RETIREMENT ACCOUNTS - PAYROLL DEDUCTION.
The Company agrees to establish a program pursuant to which the Payroll
Department of the Company, upon receipt of appropriate written authorization
from an employee, will deduct from the wages of such employee periodic
contributions to such employee's Individual Retirement Account. The amount of
the deductions shall be not less than $10 per week and shall be remitted monthly
by the Company to a financial institution located in the city of Dayton, Ohio,
which will be designated jointly by the Company and the Union to administer any
such Individual Retirement Accounts.
ARTICLE XXIII. BONDING.
The Company will provide bonding for any employee handling or carrying
money and/or checks.
ARTICLE XXIV. SAFETY REQUIREMENTS.
Each employee shall notice the Company of any unsafe working condition so
that the Company may take appropriate action to remedy a condition which is
agreed to be unsafe upon notice.
ARTICLE XXV. DURATION OF AGREEMENT.
This Agreement shall be effective from May 1, 1998, and shall remain in
full force and effect until midnight, April 30, 2001, and shall continue in full
force and effect from year to year thereafter unless either party notifies the
other party in writing of its intention to terminate the Agreement at least
sixty (60) days prior to April 30, 2001 or any anniversary date thereof.
-13-
IN WITNESS WHEREOF, the parties have hereunto signed their names by their
duly authorized representatives as of the 1st day of May, 1998.
XXXX WHOLESALERS OF DAYTON, INC.
By /s/ Xxx X. Ring July 20, 1998
-----------------------------------------
Xxx X. Ring, Operations Manager
By /s/ Xxxxxx X. Xxxxxx
-----------------------------------------
Xxxxxx X. Xxxxxx, Attorney
MILLMEN'S LOCAL 684 OF THE UNITED
BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, GREAT LAKES
REGIONAL INDUSTRIAL COUNCIL
By /s/ Xxxxxxx X. Xxxxxx 7/20/98
-----------------------------------------
Xxxxxxx X. Xxxxxx
Business Representative
COMMITTEEMEN
By /s/ Xxxxxxx Xxxxxxx
-------------------------------------------
Xxxxxxx Xxxxxxx, Committeeman
/s/ Xxx Xxxx 7-20-98
-------------------------------------------
Xxx Xxxx, Committeeman
/s/ Xxxx Xxxxxxx 7-20-98
-------------------------------------------
Xxxx Xxxxxxx, Committeeman
-14-
EXHIBIT "A"
WAGES
Shift Premiums and Group Leader Premiums, where applicable, are payable in
addition to the following wage rates.
Wage Rate as of Wage Rate as of Wage Rate as of
May 1, 1998 May 1, 1998 May 1, 2000
----------- ----------- -----------
$11.70 $12.10 $12.55
New employees hired after May 1, 1991 will be hired at a rate of $2.00 per hour
less than scale and will be progressed to scale in consecutive increases of
25(cents) each at 90 day intervals until the applicable above wage rate is
attained.
A Signing Bonus of $2,250.0 will be paid to all non-probationary employees as of
the beginning of this Agreement.
EXHIBIT "B"
OUTLINE OF
PENSION PLAN
EFFECTIVE DATE
January 1, 1977
ANNIVERSARY DATE
January 1 of each year
ELIGIBILITY REQUIREMENTS
All regular, full-time union employees (those employed for 1,000 or more
hours per year, except student employees) who have completed the ninety (90) day
probationary period and were under 60 years of age when employed by the Company.
NORMAL RETIREMENT DATE
The last day of the calendar month in which the participant's 65th
birthday occurs.
NORMAL RETIREMENT BENEFIT
Commencing at normal retirement date, a participant will receive for his
lifetime a monthly income of $14.00 times the number of years of his credited
service.
CREDITED SERVICE
a) All continuous service prior to May 1, 1976, computed to the nearest
1/4 year, will be recognized as credited service.
b) Continuous service after May 1, 1976 will be recognized as credited
service in accordance with the requirements of the Employee
Retirement Income Security Act of 1974 ("ERISA").
EARLY RETIREMENT
A participant may retire prior to his normal retirement date after:
a) Completing 10 years of credited service, and
b) Attaining age 55.
He will be entitled to a deferred benefit commencing as of his normal
retirement date. The amount of his deferred benefits will be his normal
retirement benefit accrued to the date of early retirement based upon his
credited service as of his early retirement date.
In lieu of the deferred benefit to commence as of his normal retirement
date, the participant may elect to receive his benefits at an earlier date. The
amount of benefit payable at an earlier date will be the deferred benefit
determined above, reduced by 1/180th for each of the first sixty (60) months and
1/360th for each additional month by which his early retirement date precedes
his normal retirement date.
DISABILITY RETIREMENT
A participant who becomes totally and permanently disabled after
completing 10 years of credited service will be entitled to receive a disability
retirement benefit regardless of age. Payment of the disability retirement
benefit will be deferred during the period of time that the participant is
receiving disability benefits under any long-term disability program paid for by
the Company. The amount of the disability retirement benefit will be determined
in the same manner as the early retirement benefit except that if the disability
retirement date occurs more than one hundred twenty (120) months prior to the
participant's normal retirement date, the amount of the disability retirement
benefit will be further reduced by an actuarially determined amount for each
month in excess of one hundred twenty (120) months that the disability
retirement date precedes the normal retirement date.
VESTING
Vesting will be in accordance with applicable, current Federal law and
regulations.
JOINT ANNUITY FOR BENEFIT OF SURVIVING SPOUSE
Participants will have the option to elect, prior to retirement, to
receive a reduced benefit which will be paid during the lifetime of the
participant and then continue to be paid during the lifetime of the
participant's surviving spouse. The amount of the reduced benefit and the
conditions of the election of this option will be in accordance with the
provisions of ERISA.
TRUSTEE
All assets of the Pension Plan will be held in trust by a national bank or
by an insurance company. The Company will administer the Plan on a day-to-day
basis, but the trustee or insurance company will hold and account for the funds
and will make payment of all benefits, etc.
OTHER PROVISIONS
All provisions of the Plan will meet the requirements of ERISA. Amendments
to the Plan will be made from time to time as may be required to continue to
meet the requirements of ERISA. No changes will be made to the Plan during the
term of this Agreement which adversely affect any participant, except any such
change which is mandatory under applicable law.
EXHIBIT C
XXXX WHOLESALERS OF DAYTON, INC.
ALCOHOL/DRUG ABUSE POLICY
OBJECTIVE:
To establish a safe and healthful environment for all employees by
eliminating hazards brought about by employee use of alcohol and/or drugs.
Alcohol and drug use constitutes a potential danger to the safety and
welfare of employees and results in loss of employee productivity and risk of
property loss or damage.
It is recognized that key elements in an alcohol/drug abuse program are
prevention, intervention and rehabilitation. Therefore, appropriate educational
efforts will be conducted with supervisors, union representatives and employees
concerning the nature and effects of alcohol/drug abuse procedures for
intervention including proper identification of job performance difficulties or
other behavioral evidence of substance abuse; referral procedures under the
policy; and in other related areas.
RELATIONSHIP TO EMPLOYEE ASSISTANCE PROGRAM:
Alcohol or drug addiction is an illness requiring medical treatment.
Therefore, the Company encourages employees to seek help for drug or alcohol
problems. We believe that seeking help before the problem becomes a disciplinary
matter is beneficial for both the employee and the company. For this reason, the
Company will maintain an Employee Assistance Program (EAP) which provides help
to employees who suffer from alcohol or drug abuse on a strictly confidential
basis. An employee's decision to seek assistance from the EAP will not be used
as the basis for disciplinary action.
Medical leaves of absence recommended by the EAP shall be granted for the
period of time specified by the EAP. Leaves of absence requested without EAP
contact or different from that recommended by the EAP shall be handled in a
manner consistent with the leave of absence policy. Insurance coverage covering
the treatment of Drug and Alcohol abuse shall be maintained by the Company.
Periodic training in EAP procedures shall be provided to supervisors,
union representatives and employees.
PROCEDURE:
I. Applicants for Employment
Applicants for employment, including re-hires, will be informed that an
initial alcohol/drug screening is mandatory; that they are required to agree in
writing to allow the results of such test to
be furnished to and used by the company; and that a positive result shall
disqualify the applicant from employment.
II. Current Employees
A. Prohibitions
The following are strictly prohibited:
1. Reporting to work functionally impaired due to the influence
of intoxicants, illegal drugs, or controlled substances.
2. The use, possession, transfer of, or trafficking in,
intoxicants, illegal drugs, or controlled substances in any
amount or in any manner (i) on company premises or in company
vehicles at any time whether or not performing company
business, or (ii) while performing company business anywhere,
including off company property.
B. Searches
At times unannounced searches of company property for illicit
substances or alcohol may be conducted. This could include lockers,
storage areas, company vehicles, or rooms normally used to store
employee's personal property. No random searches of personal
property, autos, etc., are to be undertaken. Specific search of an
employee's person, personal property or automobiles shall be allowed
only after the issuance of search warrant by a court of proper
jurisdiction.
C. Drug/Alcohol Screening
1. Cause of Alcohol/Drug Screening
Alcohol/drug screening may be performed under the following
circumstances in order to provide a safety and healthy
environment for all employees. The policy does not include
random or mass testing.
a. An employee may be required to submit to alcohol/drug
screening where there exists a reasonable suspicion that
the employee is functionally impaired as provided under
Section II.A.1.
b. An employee may be required to submit to alcohol/drug
screening where there exists a reasonable suspicion that
the employee has violated the prohibitions in Section
II.A.2 of this policy.
c. An employee may be required to submit to alcohol/drug
screening
where the employee is involved in a workplace related
accident in which a safety rule was violated by the
employee and the accident results in a reportable
workplace injury to the employee or others and where a
reasonable suspicion exists that the employee is
functionally impaired as provided under Section II.A.1.
d. Should an employee refuse to submit to alcohol/drug
screening under the foregoing circumstances, including
providing written consent, then that employee will be
subject to the policy as though he/she had tested
positive.
e. Testing under (a), (b) and (c) above must be authorized
by at least two (2) supervisory/managerial employees
after both have first observed the employee.
2. Administration of Alcohol/Drug Screening
a. The initial screen shall be performed by the immunoassay
(EMIT) method. Confirmation of any positive drug
screening will be made by gas chromotography/mass
spectrometry (GC-MS).
b. The testing facility will be certified by the National
Institute of Drug Abuse (NIDA). If the testing facility
loses certification, testing shall cease at that testing
facility and the Company will discuss alternative
testing facilities with the designated Union
representative prior to the resumption of testing. A
copy of the NIDA certification shall be provided to the
Union prior to any testing occurring.
c. Blood testing shall not be utilized.
d. Collection shall be supervised by a physician or health
care professional. Specimen containers shall be labeled
with a number and the donor's signature and shall be
closed with a tamper-proof seal initialed by the donor
and collecting agent. There will be no direct
observation of the donor while providing the urine
sample. The labeling shall be done in the employee's
presence and the union representative, if the employee
has requested union representation.
e. The donor shall remove outer garments and leave personal
belongings such as a purse or briefcase with the outer
garments (if any). The donor may retain his/her wallet.
A receipt for such will be provided by the collection
site if requested by the donor.
f. The specimen number and identifying information of the
donor shall
be entered on a log and signed by the collection
technician in the presence of the employee and union
representative (if present) and the employee shall
initial the proper line on the log entry.
g. The volume of each sample shall be such that sufficient
amounts will remain for both confirmation testing and
independent testing by a lab designated by the
individual or union.
If an employee is unable to provide a sufficient sample
for testing, then the MRO shall refer the employee for a
medical evaluation to determine whether the employee was
genuinely unable to provide a specimen or was refusing
to provide a sample. The MRO shall make and report such
determination to the Company.
h. The sample for each employee shall be stored in a
scientifically acceptable manner.
i. All handlers and couriers of the sample must complete
entries and identify themselves on a proper chain of
custody form.
j. If the sample tests positive, the testing facility shall
retain a sufficient portion of the sample for
independent retesting and store that portion in a
scientifically acceptable manner for a minimum of one
hundred eighty (180) days.
k. The testing facility is prohibited from using samples
for any other purpose other than to test for the
substances specified.
l. The employer shall provide transportation for any
employee suspected of substance abuse, including to the
collection site and the employee's home.
m. Any attempt by an employee to alter or substitute a
sample shall be grounds for termination of employment.
n. A union representative (xxxxxxx) shall accompany the
employee, if requested, to insure that the above
procedures are correctly followed.
3. Results of Drug Alcohol Screening
a. Due to legitimate privacy concerns, the Company seeks to
insure that drug testing results are reported and
maintained in an accurate and confidential manner. For
current employees, results shall be transmitted to a
Medical Review Officer (MRO), who shall be a licensed
physician familiar with drug testing procedures. The MRO
will review the results of the screening, contact the
employee for further information if necessary (such as
current use of prescription drugs, etc.) And communicate
either a positive or negative result to designated
Company personnel. All such individuals are charged with
acting responsibly to maintain the confidentiality of
testing results.
b. Certain levels shown in Attachment "A" to this policy
establish a positive result. All results lower than
these levels will be reported as negative.
c. Except as provided below an employee who tests positive
shall be afforded the opportunities for appropriate
assistance, referral, treatment and after care under the
EAP. Failure to seek and receive these services or
failure to abide by the terms of the treatment plan
shall result in discipline including discharge. If cause
for testing was based on a reasonable suspicion of
possession, transfer of or trafficking as provided in
Section II.A.2 and the test is positive, then the
employee will be subject to discipline, including
termination, provided that the discipline is based on a
violation of the prohibitions in II.A.2. Otherwise such
an employee shall be referred to the EAP as provided
above.
d. An employee who seeks and receives assistance pursuant
to the provisions in Section (c) above and who completes
the treatment plan, shall, upon return to work, be
subject to up to three additional tests without further
cause for a period of one (1) year. If during that time,
an employee provides a positive sample, he/she may be
terminated. Further, if the employee is tested within
three years following his/her return to work pursuant to
Section C.1 above and the test is positive, then the
employee shall be terminated.
e. Any disputes which may arise over compliance by the
company with the policy will be resolved through the
grievance and arbitration provisions of the parties'
collective bargaining agreement. Disputes with
collection sites, testing laboratories or others
involved in the policy will be resolved through whatever
appropriate legal means are necessary.
ATTACHMENT A
INITIAL AND CONFIRMATORY TEST LEVELS
INITIAL TEST LEVEL CONFIRMATORY TEST LEVEL
Benzodizepine 300 ng/ml 300 ng/ml
Methadone 300 ng/ml 300 ng/ml
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 300 ng/ml
Cocaine 300 ng/ml 150 ng/ml
Methacholine 300 ng/ml 300 ng/ml
Opiates 300 ng/ml 300 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Cannabinoids 100 ng/ml 15 ng/ml
Propoxyphene 300 ng/ml 300 ng/ml
Alcohol State of Ohio levels for State of Ohio levels for
Driving While Intoxicated Driving While Intoxicated
EMPLOYEE DRUG CONSENT FORM
I, _____________________________________________________, am presently
employed by the _____________________________________. I hereby consent to
drug/alcohol screening test(s) (urinalysis) and I authorize the release of the
results and any interpretation of the test(s) to the (Company Name)
personnel. I understand that the test will reveal whether I have used alcohol or
have taken any drugs, including prescription drugs, over-the-counter drugs,
controlled substances, or any illegal drugs.
I hereby authorize _____________________________________ (name of testing
facility) to release to _______________________________________ (Company name)
personnel the results and any interpretation of the drug/alcohol screening
test(s) in order to determine whether I have violated __________________________
(Company name) policy on drug and alcohol use. It is understood that all
provisions of the ______________________________(Company name) policy on drug
and alcohol use will be followed.
I have read this consent and understand it. Further, I was asked whether I
had any questions about this consent and any questions which I had were
explained to my satisfaction the ________________________(Company name)
or____________________________ (testing facility).
----------------------------------- -------------------------------
Employee Name and Date Witness Name and Date
