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Exhibit 10.23
COLLECTIVE AGREEMENT
BETWEEN
XXXXXX-FIELD, INC.
AND
LOCAL 966
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
1997 - 2000
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INDEX
ARTICLE PAGE
NUMBER DESCRIPTION NUMBER
------ ----------- ------
Preamble 1
1 Recognition 2
2 Non-Discrimination 2
3 Union Security 2,3
4 Check-Off 3
5 Seniority 3,4
6 Shop Xxxxxxx 4
7 Hours & Overtime 5,6,7
8 Holidays 7,8
9 Vacation & Bonus 8,9
10 Leave of Absence 9,10
11 Rest Periods 10
12 Sick Leave & Death In Family 10,11
13 Bulletin Boards 11
14 Probationary Period 12
15 Discharge & Discipline 12
16 Union Visitation 12,13
17 Work By Supervisor 13
18 Welfare Benefits 13,14
19 Safety & Health 14,15,16
20 Assembly Dept. Inventory Procedure 16
21 401(k) Plan 16
22 Strikes & Lockouts 16,17
23 Individual Agreements 17
24 Modification 17
25 Grievance Procedure 17,18
26 Separability 18
27 Work Clothing Allowance 18
28 Successors & Assigns 18
29 Stock Options 18
30 Promotional Opportunities 19
31 Drug Testing 19,20
32 Temporary Job Assignments 20
33 Management Rights 20
34 Respect & Dignity 21
35 Wage Increases & Minimum Wage Rates 21,22,23
36 Severance 23,24
37 Term 25
Amendment A - Attendance Policy 26,27,28,29
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PREAMBLE
THIS AGREEMENT made and entered into this twenty-third day of October
1997, by and between Xxxxxx-Field Health Products, Inc., currently located at
000 Xxxxx Xxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx 00000, its successors or assigns
(hereinafter referred to as the "Employer") and LOCAL 966, affiliated with the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx
00000, its successors or assigns, (hereinafter referred to as the "Union").
WHEREAS:
The parties have carried on collective bargaining negotiations for the purpose
of developing a general agreement on wages, hours of work and other conditions
of employment.
NOW, THEREFORE, in consideration of the mutual agreements herein contained the
parties hereto agree with each other with respect to the Employees of the
Employer recognized as one being represented by the Union as follows:
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ARTICLE I RECOGNITION
SECTION 1.0
The Employer hereby recognizes the Union as the exclusive representative of all
employees, excluding guards, supervisors, clerical, (and part-time employees who
work less than 20 hours per week), the number is not to exceed 15 part-time
employees, 19 hours is the maximum to be worked by part-time employees in any
one (1) week.
ARTICLE II NON-DISCRIMINATION
SECTION 1.0
The Employer and the Union agree not to discriminate against any individual with
respect to hiring, compensation, or terms and conditions of employment based on
National origin, religion, sex, age, marital status, physical handicap, medical
condition, veteran status, or any other criterion.
SECTION 2.0
The Employer and the Union agree that there will be no discrimination by the
Employer or the Union against any employee because of his or her membership in
the Union or because of any employee's lawful activity and/or support of the
Union.
ARTICLE III UNION SECURITY
SECTION 1.0
The Employer agrees that all employees covered by this Agreement shall, as a
condition of employment be required to become and remain members of the Union on
the thirty-first (31st) day following the actual beginning of work pursuant to
such employment, the effective date of this Agreement or its execution date,
whichever is later. All employees who are members of the Union at the time of
execution of this Agreement or become members of the Union at any time
subsequent thereto shall remain members of the Union during the term of this
Agreement. The Union agrees that all such employees will be accepted into
membership on the same terms and conditions generally acceptable to other
members, and further, that the Employer will not be requested to discharge an
employee for reasons other than such employee's failure to tender the periodic
dues and initiation fees uniformly required as a condition of acquiring or
retaining membership in the Union.
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SECTION 2.0
The Employer shall furnish the Union with the name of any new employee together
with the date of hiring of said employee immediately upon submitting the Union's
check-off form.
ARTICLE IV CHECK OFF
SECTION 1.0
The Employer, upon receipt of a written authorization signed by the employee,
which authorization shall not be irrevocable for a period of more than one (1)
year, or beyond the termination date of this Agreement, whichever occurs sooner,
shall deduct membership dues and initiation fees from said employee's wages on
the 1st pay day of every month and remit same to the Union no later than the
12th day of the month in which they are deducted.
SECTION 2.0
The Employer will notify the Union immediately upon receipt of any revocation of
any authorization submitted to it pursuant to this Article.
ARTICLE V SENIORITY
SECTION 1.0
Seniority shall be defined as the length of service with the Employer, subject
to the completion of an initial sixty (60) working day probationary period.
Employees shall be entitled to seniority rights dating from the employee's date
of hire.
SECTION 2.0
Seniority shall be broken by an employee's voluntary separation from the
Employer or by discharge for just cause. Seniority shall accrue during layoffs
of less than one (1) year or during authorized leaves of absence.
SECTION 3.0
The Employer shall submit a current and up-to-date seniority list to the Union
every six (6) months during the term of this Agreement.
SECTION 4.0
In the event of a layoff, the least senior employee (based on total service
seniority) shall be the first employee to be laid-off. In the event of a recall,
the most senior
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employee (based on total service seniority) shall be the first employee to be
recalled, subject to the ability of the employee to perform the available work
after a reasonable amount of training.
SECTION 5.0
The Employer agrees to post available bargaining unit job openings for five (5)
working days on the Employee Bulletin Board.
In the case of a promotion, applicants applying for posted positions will be
interviewed in the order of seniority, however, seniority shall not be the sole
determinative factor in filling such position. The decision to fill such
position shall also be based upon the required skills needed for the training of
such position. In the event the Employer needs to transfer an employee or alter
a work shift, and more than one employee with similar job classifications
applies for such transfer, the most senior employee will be selected for such
position. If no employee applies for the transfer, employees having the same job
classification required to fill such transfer position or alternate work shift
will be assigned the position based upon least seniority (based on total service
seniority).
ARTICLE VI SHOP XXXXXXX
SECTION 1.0
The Employer recognizes the right of the Union to designate a Shop Xxxxxxx who
shall be recognized as the representative of the Union for all matters arising
under this Agreement to the extent permitted herein. The Union shall advise the
Employer as to the identity of the Xxxxxxx. The Shop Xxxxxxx will be permitted
reasonable time to investigate, present and process grievances on the Employer's
property without loss of time or pay during their regular working hours. The
Shop Xxxxxxx shall notify his/her immediate supervisor prior to leaving his/her
assigned work area and then notify the supervisor in the area union business
will be conducted. If the grievance involves an excessive amount of time the
shop xxxxxxx shall notify Human Resources. It is further understood that union
business will not unduly interfere with normal production or the conducting of
Company business.
SECTION 2.0
Shop Stewards shall be accorded super seniority and shall be the last persons
laid-off and the first ones rehired upon resumption of work.
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ARTICLE VII HOURS & OVERTIME
SECTION 1.0
The basic work week for all employees shall be five consecutive days of eight
(8) consecutive hours per day (except for one-half hour unpaid lunch period),
Monday through Friday (the "Basic Work Week"). The Basic Work Week shall not
serve as a guarantee that employees will be employed for at least five (5) days
during any Basic Work Week or for at least eight (8) hours during any day of
such Basic Work Week.
SECTION 2.0
The regular working hours shall commence no earlier than 7:00 a.m. (Eastern
Standard Time) for maintenance employees. All other departments shall have, at
the sole discretion of the Employer, either an 8:30 a.m. (Eastern Standard Time)
or 10:00 a.m. (Eastern Standard Time) start time. End shift time shall be no
later than 10:00 p.m. (Eastern Standard Time) unless employees are scheduled to
work overtime. Two picker positions only will start at 9:00 a.m. In the event
the Employer shall have business requirements which would necessitate a change
in the established work hours, the Employer shall provide not less than thirty
(30) days' prior notice to the Union and the shop xxxxxxx of such required
change, meet with the Union to discuss the proposed change and post such notice
on the bulletin board, as well as distribute to each affected employee a letter
of notification of such change.
SECTION 3.0
If an employee reports for work at his/her regularly scheduled starting time
without having been previously notified not to report, he/she shall be given
four (4) hours work at the employee's regular rate of pay. In the event an
employee works a minimum of four (4) hours in a higher grade position the
employee will receive the higher rate of pay. If no work is available, the
employee shall be paid for four (4) hours pay at his/her base hourly rate.
SECTION 4.0
Should any employee work more than eight (8) hours in any one (1) day, he/she
shall be paid for such overtime at the rate of time and one-half (1-1/2),
providing the employee works the Monday and Friday of the same work week that
the overtime occurred. Employees who work on Saturday shall be paid time and
one-half for the 6th day. Employees who work on Sunday shall be paid at double
time for the 7th day. Employees who work on the 6th and 7th day shall be
guaranteed a minimum of four (4) hours of work. Overtime and other premiums
shall not be paid more than once for any hour worked.
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SECTION 5.0
Employees required to work overtime will be given twenty-four (24) hours advance
notice. In the case of an emergency situation the inability to give twenty-four
(24) hours advance notice shall not preclude the Employer from requiring
overtime. (An emergency situation would be a condition that could not reasonably
have been anticipated to occur during the course of normal operations or that
threatens serious consequences to the Employer's operations). Overtime will
first be offered to all bargaining unit employees in seniority order in the
applicable department. Employees that have pre-arranged conflicting obligations
will be excused from performing overtime work, provided in the opinion of the
Employer the conflicting obligation has substantial merit. If sufficient
staffing is not arranged using this method, the Employer will then offer such
overtime to bargaining unit employees in other departments by posting a written
notice. It is the responsibility of the employees to sign the Weekly Overtime
Availability List posted above the time clock. Part-time employees will be
offered overtime as a last resort. In the event insufficient staffing occurs
using such method, the Employer may assign overtime to employees in the reverse
order of seniority (provided senior employees have declined the offer of
overtime). In the event the Employer is unable to meet the needs of its
customers and overtime is available, the Employer will use reasonable efforts to
arrange overtime before the beginning of the employee's shift when, in the
judgment of management, the flow of work allows. Nothing in this Section shall
affect the right of the Employer to require the entire plant and/or an entire
department or classification to work overtime, in which case the entire
department or classification will be required to work.
SECTION 6.0
An employee shall not be required to take time off in lieu of overtime
previously worked.
SECTION 7.0
Overtime shall be distributed on an equal basis among employees normally
assigned to do the performance of the work in which the overtime is required.
SECTION 8.0
Overtime worked on a holiday shall be paid at the rate of time and one-half plus
the holiday pay.
SECTION 9.0
The failure to report for properly scheduled overtime will be treated in the
same manner as any other attendance problem.
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SECTION 10.0
PART-TIME HOURS - Part-time employees may be used only after the hour of 6:00
p.m.
ARTICLE VIII HOLIDAYS
SECTION 1.0
The Employer agrees to pay the employees full salary for the following holidays
and personal days as if they worked thereon:
NEW YEAR'S DAY THANKSGIVING DAY
PRESIDENT'S DAY DAY after THANKSGIVING DAY
GOOD FRIDAY CHRISTMAS EVE DAY
MEMORIAL DAY CHRISTMAS DAY
FOURTH OF JULY FLOATING HOLIDAY
LABOR DAY (*)HEALTH DAY
(**) ONE (1) PERSONAL DAY
(*)HEALTH DAY
In order to receive pay from the Employer, it shall be the employee's
responsibility to notify the Employer at least two (2) weeks prior to each
anniversary of his or her employment date and further to submit proof that he or
she has taken an annual physical examination. It shall be the Employer's
responsibility, upon proper notice, to grant the employee's anniversary date of
hire as a day off for the physical examination, or if the particular date is
inconvenient then another day may be agreed to, by both parties, and upon
receipt of proof, to pay for such day as if it were a regularly scheduled work
day in the week it occurs.
(**) PERSONAL DAY
An employee may use this personal day anytime during the contract year (i.e.,
Xxxxxx Xxxxxx Xxxx'x Birthday, etc.) if not used during the year the day shall
be paid by check at end of year.
SECTION 2.0
The Employer shall have the option of substituting the day after Christmas for
the day before Christmas, providing the employees are given sixty (60) days
advance notice.
SECTION 3.0
The compensation for holidays shall be based upon the employee's base daily
earnings.
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SECTION 4.0
No employee shall be required to work on a holiday. In the event that an
employee does work on a holiday he/she shall be paid at the rate of time and
one-half plus the holiday pay. That overtime staffing for (i) President's Day,
and (ii) the day after Thanksgiving Day will be first met by volunteers to work
overtime, however, with respect to said holidays, in the event management is
unable to obtain adequate staffing to meet the business requirements of the
Employer, overtime will be mandatory and will be first assigned to the employee
with the least seniority accrued.
SECTION 5.0
In the event a holiday falls on Saturday or Sunday, then it shall be celebrated
either on Friday or Monday, at the option of the Employer.
SECTION 6.0
Employees must report to work within one hour of their assigned starting time
and remain at work until at least one hour prior to their assigned end of shift
time on both the day before and the day after the holiday in order to receive
pay from the Employer for the holiday.
SECTION 7.0
Employees must work the day before and the day after the holiday, in order to be
paid for the holiday.
ARTICLE IX VACATION & BONUS
SECTION 1.0
Requests for vacation shall be submitted in writing not less than thirty (30)
days prior to the first day of the vacation period request. Management's
approval shall not be unreasonably withheld.
SECTION 2.0
Should a holiday occur during the vacation period of any employee, said employee
shall be entitled to one (1) additional day of vacation in lieu of payment for
the said holiday. This additional day may not be taken consecutively with the
approved vacation unless authorized by management.
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SECTION 3.0
All employees shall receive vacations with pay in accordance with the following
schedule:
LENGTH OF SERVICE VACATION
----------------- --------
One (1) year One (1) week
Two (2) years Two (2) weeks
Four (4) years Three (3) weeks
Ten (10) years Four (4) weeks
SECTION 4.0
Length of service does not include unreasonable leaves of absence, disability,
and any other unreasonable leaves. Vacation will be pro-rated for the time off.
SECTION 5.0
Length of services will be strongly considered by management with regard to
approval of first choice of vacation requests.
SECTION 6.0
Employees eligible for three (3) or more weeks vacation shall have the option of
requesting to take three (3) weeks of vacation on a consecutive basis, subject
to management's approval. It being expressly understood that authorization for
three (3) consecutive weeks of vacation shall not be granted two consecutive
years in a row, nor during the end of any calendar quarter of any year (i.e.,
last weeks in March, June, September or December).
SECTION 7.0
The Employer will institute a bonus plan.
ARTICLE X LEAVE OF ABSENCE
SECTION 1.0
An employee will be considered for a leave of absence only after completing six
(6) months of employment.
Good cause for granting leaves of absence shall include personal illness or
serious illness or death in the immediate family, Union business, and other
reasons acceptable
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to the Company. Written substantiation satisfactory to the Company must be
submitted.
The Company and the Union agree to abide by the Family Medical Leave Act (FMLA),
including service requirements as defined under the Act. Duration of the leave
shall not exceed the Act.
An employee required to serve Military Reserve or National Guard Duty will be
granted an unpaid leave of absence without break in continuous service, provided
military orders are presented in advance of such leave or upon return when
reporting in advance was not possible. Employees on approved military leave may
use vacation pay during this period.
ARTICLE XI REST PERIODS
SECTION 1.0
All employees shall be entitled to two (2) ten minute rest periods with pay
during each work shift, one during the first four (4) hours and one during the
second four (4) hours.
SECTION 2.0
Employees scheduled to work two (2) hours overtime will receive a fifteen (15)
minute rest period after their regular shift. Employees scheduled to work four
(4) hours overtime will receive a thirty (30) minute non-paid lunch break after
their regular shift and a ten (10) minute rest period during such overtime.
ARTICLE XII SICK LEAVE & DEATH IN FAMILY
SECTION 1.0
Sick days shall accrue and be paid to each employee who has completed three (3)
months of continuous service as follows:
January 1st of each year - 3 sick days
July 1st of each year - 3 sick days
Employees not having met the required three (3) months of continuous service by
January 1st or July 1st of any such year shall not accrue the three (3) sick
days, but will upon completion of three (3) months of service, accrue -1/2 sick
day for each month of continuous service, until the earlier to occur of January
1st or July 1st, as the case may be.
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PAY FOR UNUSED SICK TIME
SECTION 2.0
Any sick time accrued at December 31st shall be paid as of the first pay week in
January of the following year in which such sick time was accrued. Employees
will not be paid for unused accrued sick time if the employee resigns or is
terminated, voluntarily or involuntarily, for any reason from employment.
SECTION 3.0
In order to be eligible for paid sick leave, an employee must call his or her
supervisor thirty (30) minutes before start of shift. A doctor's certificate
will be required to substantiate time off in excess of three (3) days. Any
employee failing to call their supervisor to report their absence from work for
three (3) consecutive working days shall be discharged.
SECTION 4.0
An employee with ten (10) years or more of service with the Employer shall
receive one (1) additional paid sick day, however, if this day is not used, it
shall be paid by check at the end of year.
SECTION 5.0
Should an employee require hospitalization, his or her sick leave shall be
extended one (1) day for each day of hospitalization up to a maximum of five (5)
days in each calendar year. However, failure to utilize these five (5) days
shall not be made up in cash at the end of each calendar year.
SECTION 6.0
In the event of death in an employee's immediate family, the employee shall be
entitled to three (3) consecutive days off with pay from the day of death
through the day of funeral for the purpose of attending the wake or funeral. The
immediate family shall be defined as spouse, child, parent or legal guardian,
brother, sister, father-in-law, mother-in-law, and grandparents.
ARTICLE XIII BULLETIN BOARDS
SECTION 1.0
The Employer shall furnish a bulletin board for Union news. All postings shall
be with the utmost respect and dignity for the Employer and the Union.
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ARTICLE XIV PROBATIONARY PERIOD
SECTION 1.0
Seniority shall be based upon length of service of an employee subject to the
completion of a sixty (60) day probationary period. During the probationary
period, an employee may be terminated for any reason without recourse by the
Union. Employees shall be entitled to seniority rights dating from the
employee's date of hire.
SECTION 2.0
The probationary period may be extended for a similar period by mutual agreement
of the parties.
ARTICLE XV DISCHARGE AND DISCIPLINE
SECTION 1.0
Suspensions and or terminations are subject to a hearing with the Union and any
disputes that cannot be mutually agreed to by both parties shall be subject to
arbitration. The Employer shall have the right to discharge or discipline
employees for just cause including, but not limited to, acts of gross misconduct
or behavior such as physical violence, possession of illegal weapons, theft,
insubordination, use of alcohol and/or drugs on Employer's property. It is
understood that this shall not be an all inclusive list for purposes of
establishing discipline and/or discharge.
SECTION 2.0
In the event of discipline and/or discharge of an employee by the Employer, the
employee, the shop xxxxxxx, and the Union shall be promptly notified. The
discharge of an employee during his/her probationary period shall not be subject
to any grievance or arbitration procedure. It being expressly understood that
the Employer may terminate an employee during the probationary period for any
reasons whatsoever.
SECTION 3.0
Discipline, including verbal or written warnings shall not be used for the
purpose of progressive discipline for a period greater than one year from the
date of an incident.
ARTICLE XVI UNION VISITATION
SECTION 1.0
A designated Business Representative of the Union shall be permitted on the
Employer's premises for the purpose of conducting his/her duties provided prior
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notification has been given to the local Human Resources Representative. In the
absence of the Human Resources Representative, the Union representative will
notify the Warehouse Manager. It is further understood every effort will be made
to minimize and/or avoid any interference or disruption with normal production
activity. Such designated Business Representative shall comply with the security
regulations as required of all other facility visitors.
SECTION 2.0
The Employer agrees to meet as needed with the Union representative and/or
Stewards for the purpose of discussing the application of this Agreement, or any
disputes or grievances, safety or health of employees, which may arise under the
terms hereof.
Meetings will be held periodically and the parties recognize that it is of
mutual interest to cooperate in the early identification and solution of
problems so that improved efficiency and working conditions can be achieved.
With this in mind and with the recognition that bargaining unit members have
valuable contributions to offer to management in terms of suggesting ways and
means of improving operations and productivity, the parties encourage an open
and free discussion and exchange of ideas.
ARTICLE XVII WORK BY SUPERVISORS
SECTION 1.0
Supervisors shall not perform work ordinarily performed by bargaining unit
employees except in the event of testing/experimental work, training, and
emergency situations including absenteeism and equipment breakdown. Notice of
the emergency situation will be given to the Shop Xxxxxxx or his/her delegate.
(An emergency situation would be a condition that could not reasonably have been
anticipated to occur during the course of normal operations or that threatens
serious consequences to the Employer's operations.)
ARTICLE XVIII WELFARE BENEFITS
SECTION 1.0 Group Insurance
- Medical Insurance: Employees will be placed in Employer's health plan,
(Oxford Health Plan) the first of the month following sixty days of
employment. The health plan is a Point of Service Plan with a Preferred
Provider Organization (PPO) network.
- Dental Insurance: The Employer offers a Dental Maintenance Organization
(DMO) and an indemnity dental plan. Eligibility is the first of the month
following sixty days of employment.
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- Life Insurance/AD&D Insurance: One (1) times base salary, minimum of
twenty thousand ($20,000).
SECTION 2.0
The Company agrees to discuss any proposed carrier changes with the Union. In
the event the current carrier is changed the benefits offered to the employees
will be, in the aggregate, equal to the value of the benefits currently provided
under this Agreement.
SECTION 3.0
EMPLOYEE CO-PAY MEDICAL & DENTAL
Employee Contributions
Medical
-------
Employee $1.25/per week
Employee + Family $2.30/per week
Dental
------
DMO
Employee $ 0/per week
Employee + Family $4.53/per week
Traditional
Employee $3.91/per week
Employee + Family $10.77/per week
SECTION 4.0
Each employee choosing not to participate in the Health Plan (Medical Insurance)
will receive a cash payment of two hundred dollars ($200.00) per month. Each
employee deciding not to participate in the Health Plan, must demonstrate and
provide reasonable evidence of health coverage under an alternative health plan.
ARTICLE XIX SAFETY & HEALTH
SECTION 1.0
The Employer shall keep all working areas in a safe and sanitary condition.
SECTION 2.0
Precautions to secure the health and safety of employees shall at all times be
taken by the Employer including a supply of First-Aid cabinets at convenient
locations and
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containing bandages, medicines and related equipment as may be necessary in an
emergency.
SECTION 3.0
It shall be the responsibility of the Employer to maintain all machinery and
equipment in a safe and sanitary operating condition.
SECTION 4.0
The Employer shall not require its employees to operate or use machines or
equipment at a time or in a manner which would endanger the health or well-being
of its employees.
SECTION 5.0
The Company shall make reasonable provisions for the safety and health of its
Employees at the plant and warehouse during the hours of employment. There shall
be a Joint Safety Committee, consisting of not less than two Union members,
which will meet monthly to:
1. Establish and maintain an accident prevention program;
2. Investigate accidents and recommend actions to help prevent recurrence;
3. Establish, review and maintain safety rules and regulations as necessary;
4. Make safety tours for the purpose of accident prevention and to promote
good housekeeping throughout the facility;
5. Assist Company to comply with all applicable municipal, state, and
federal safety regulations.
SECTION 6.0
Any employee involved in a work related accident or injury, requiring outside
medical attention will be required to submit to a drug test to determine if the
employee is using, under the influence of, or is otherwise impaired by illegal
drugs or alcohol. Any employee taking prescription medication must notify the
Human Resources Department to assure side effects will not jeopardize the safe
operation of any machinery.
Failure to submit to such examination or any attempt to tamper with specimens or
falsify or alter test results shall constitute just cause for discharge.
SECTION 7.0
The parties agree that during the length of this Collective Bargaining Agreement
all employees shall access and utilize the designated Workers' Compensation
Preferred Provider Organization (PPO) Program for all work related accidents,
illnesses or
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injuries pursuant to the 1996 Worker's Compensation Law Amendments, Article
10(a).
ARTICLE XX ASSEMBLY DEPARTMENT INVENTORY PROCEDURE
SECTION 1.0
When scheduling inventory, the Employer will provide assembly department
employees with at least thirty (30) days' prior notice, as well as post a
written notice stating the scheduled dates for the proposed inventory. Employees
wishing to take vacation time, floating holidays or sick leave rather than work
during the scheduled inventory can make appropriate arrangements with their
supervisor.
SECTION 2.0
The Employer will exercise reasonable efforts to prevent the layoff of assembly
department employees. Said employees will be offered inventory related work by
seniority with the understanding that such employees are capable of performing
the assigned duties. In the event of a layoff, employees with the least accrued
seniority will be laid off first.
ARTICLE XXI 401(K) PLAN
Eligibility: The first quarter after reaching age 21 with one (1) year of
service.
Benefits:
- Variety of investment options.
- Voluntary employee pre-tax contributions from 1% - 15% of annual salary.
- Each employee will be permitted to participate in the Employer's 401(k)
Plan, as currently in effect on the date hereof. It being expressly
understood that the Employer does not currently contribute to its 401(k)
Plan. In the event the Employer contributes to its 401(k) Plan for its
non-union employees, the Employer agrees that it will also contribute in
the same manner for Union employees.
ARTICLE XXII STRIKE & LOCKOUTS
SECTION 1.0
There shall be no strikes or lockouts during the term of this Agreement.
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SECTION 2.0
The employees shall have the right to refuse to cross any picket line
established by a trade Union.
ARTICLE XXIII INDIVIDUAL AGREEMENTS
SECTION 1.0
The Employer shall not enter into any individual agreements which would have the
effect of diminishing any of the rights, privileges, or benefits of the
employees under this Agreement.
ARTICLE XXIV MODIFICATION
SECTION 1.0
Neither the Employer, any employee or group of employees shall have the right to
waive or modify any provisions of this Agreement without the written
authorization of the Union.
ARTICLE XXV GRIEVANCE PROCEDURE
SECTION 1.0
All complaints, disputes or questions as to the interpretation, application or
performance of this Agreement shall be adjusted by direct negotiations between
the Union and the Employer, or their representatives. Should any dispute or
difference arise, both parties shall endeavor to settle these in the simplest
and most direct manner. The procedure shall be as follows (unless step or steps
thereof are waived, combined or extended by mutual consent):
Step 1 - The grievance shall be submitted to the aggrieved employee's
supervisor by the employee's Shop Xxxxxxx. All grievances shall be initially
submitted within thirty (30) calendar days (See Exception) of their
occurrence or knowledge thereof or all rights under this Article shall be
forfeited. If the Xxxxxxx and the supervisor fail to settle the grievance
within three (3) days (exclusive of Saturday, Sunday or Holiday), it may be
submitted to Step 2.
Exception: A grievance concerning the discharge or suspension of an
employee shall be submitted by the Shop Xxxxxxx or designate, within five
(5) regular working days and shall be initially referred to the third
step.
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Step 2 - The grievance shall then be referred to the President of the Union
or his or her designated representative and the Employer or their authorized
representative. If no settlement is reached within five (5) days (exclusive
of Saturday, Sunday or Holiday), the grievance may be submitted to
arbitration as set forth in Step 3.
Step 3 - If the dispute or difference is not settled in the second step
above, either party may request that the matter be referred to arbitration if
this request is made within ten (10) days after the reply was given in the
second step.
(A) The Arbitration Board shall consist of one (1) member to be
designated by the New York State Employment Relations Board. The
parties shall jointly pay the cost of the Arbitrator's services.
(B) The decision of the Arbitration Board shall be final and binding
upon the parties.
ARTICLE XXVI SEPARABILITY
SECTION 1.0
In the event that any provisions, or compliance by the Employer or the Union
with any provision, in this Agreement, shall constitute a violation of any law,
then and in such event, such provision, to the extent only that it is so in
violation, shall be deemed ineffective and unenforceable and shall be deemed
separable from the remaining provisions of this Agreement, which remaining
provisions shall be binding on the parties and shall not be affected.
ARTICLE XXVII WORK CLOTHING ALLOWANCE
SECTION 1.0
All employees shall receive thirty dollars ($30.00) work clothing allowance per
month upon the completion of a thirty (30) day probationary period.
ARTICLE XXVIII SUCCESSORS & ASSIGNS
SECTION 1.0
This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors, and assigns.
ARTICLE XXIX STOCK OPTIONS
SECTION 1.0
The Employer shall continue its present practice in regards to Stock Options.
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ARTICLE XXX PROMOTIONAL OPPORTUNITIES
SECTION 1.0
The Company believes in promotion from within whenever possible. Employees who
meet the qualifications for position openings will be given preference over
outside applicants with the knowledge that the Employer has the right of
decision based on the needs of the Employer.
ARTICLE XXXI DRUG TESTING
SECTION 1.0
Employees are prohibited from the use, sale, dispensing, distribution,
possession, or manufacture of illegal drugs and narcotics or alcoholic beverages
on Company property or work sites (including Company vehicles and any private
vehicles parked on Company premises or work sites). In addition, employees are
prohibited from the off-premises possession, use, or sale of illegal drugs when
such activities adversely affect job performance, job safety, or the Employer's
reputation in the community.
SECTION 2.0
At the discretion of the Employer, employees may be required to submit to a drug
test, to determine if the employee is using, under the influence of, or is
otherwise impaired by (illegal) drugs or alcohol. In the interest of fairness to
current employees, Employer agrees that no current employee will be requested to
undergo any drug testing for a period of one month from the date of the
agreement to these testing provisions.
SECTION 3.0
Failure to submit to such examination or any attempt to tamper with specimens or
falsify or alter test results shall constitute just cause for discharge. The
Employer may elect to have a supervisor accompany the employee to the testing
site. All urine/blood specimens shall be subject to an initial screen using an
EMIT-type analysis. All positive results from an initial screen shall be
confirmed via gas chromatography-mass spectrometry techniques. No specimen shall
be identified as "positive" except upon receipt of the results of the
confirmation test.
SECTION 4.0
Any employee involved in the use, sale, dispensing, distribution, possession or
manufacture of illegal drugs and narcotics or alcoholic beverages on Company
property or work sites will be dismissed immediately. Any employee testing
positive for illegal drugs or alcohol shall be subject to disciplinary action,
up to and including immediate dismissal. This employee shall be granted
re-employment on a one-time basis, if the
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employee successfully completes a mutually agreed upon program and is certified
by that program to report back to work duties. Should an employee test positive
for illegal drugs or alcohol a second time, they will be dismissed and there
will be no offer of assistance.
ARTICLE XXXII TEMPORARY JOB ASSIGNMENTS
SECTION 1.0
On occasion, should an employee be assigned temporarily (i.e.; 1 day, 2 days) to
a higher grade position, such employee will receive the higher rate of pay as
classified for that labor grade for the day or days that such employee has
performed the higher grade duties. In the event an employee works a minimum of
four (4) hours in a higher grade position, and thereafter resumes the regular
grade work, such employee shall receive the higher rate of pay for the full
eight (8) hours of such day.
Employees working less than four (4) hours in a higher grade will be paid in
accordance with the rate of pay for such higher grade job for the number of
hours worked in hourly segments in such higher grade.
SECTION 2.0
Temporary agency employees brought into the assembly area or warehouse will be
hired or released after thirty days consistent with the Union security and
seniority sections of the labor agreement.
The Shop Xxxxxxx will be notified when a temporary agency employee is performing
bargaining unit work, including the name of the worker, start date and the
duration of the assignment.
ARTICLE XXXIII MANAGEMENT RIGHTS
SECTION 1.0
The Union recognizes that the Company shall have the sole and exclusive
jurisdiction of the management and operation of its business, the direction of
its working force including the assignment of tasks and machines to employees,
the right to maintain discipline and efficiency in its plant, the right to
promulgate and enforce reasonable working rules, the right to hire, discipline
and discharge employees subject to the provisions of this Agreement and the
right to relocate its plant or any portion thereof or subcontract any operation.
It is agreed that the rights enumerated above shall not be deemed to exclude
other pre-existing rights of management not herein listed nor any right
conferred by law upon the Union or any employee provided they do not conflict
with other specific provisions of this Agreement.
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ARTICLE XXXIV RESPECT & DIGNITY
SECTION 1.0
The Employer and the Union agree, apart from and in addition to the substantive
provisions of the Agreement and the rights and privileges of the Employer, the
Union and Employees thereunder, that the Employer, the Union, and all Employees
shall treat and address each other with dignity and respect.
ARTICLE XXXV WAGE INCREASES & MINIMUM WAGE RATES
SECTION 1.0 WAGE INCREASES
Effective October 18, 1997, each employee will receive a thirty-five cent ($.35)
per hour wage increase, with the exception of three classifications: Sr. Repair
Technician, Repair Technician and QC, these classifications will receive a
seventy-five cent ($.75) per hour increase.
Effective October 18, 1998, each employee will receive an additional forty cent
($.40) per hour wage increase.
Effective October 18, 1999, each employee will receive an additional fifty cent
($.50) per hour wage increase.
SECTION 2.0 MINIMUM WAGE RATES - NEW HIRES
Established Hire Rates for Union Positions with the understanding the increments
outlined in this Agreement will not affect this hire rate.
HIRING RATES
Grade Classification 10-18-97 10-18-98 10-18-99
----- -------------- -------- -------- --------
1 - Maintenance I (Xxxxxx) $ 6.25 $ 6.50 $ 6.75
General Assembler
2 - Survalent Assembler $ 6.50 $ 6.75 $ 7.00
Xxxx Xxxx Assembler
Repair Assembler
3 - Picker $ 6.75 $ 7.00 $ 7.25
Packer
Returns
Maintenance II
Material Handler
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HIRING RATES (continued)
10-18-97 10-18-98 10-18-99
-------- -------- --------
4 - Repair Clerk $ 7.25 $ 7.50 $ 7.75
Picker w/ hilo
Packer w/ hilo
Material Handler w/ hilo
Receiving Inventory w/ hilo
Returns w/ hilo
5 - Export $ 7.75 $ 8.00 $ 8.25
UPS Operator
6 - Q.C. $ 8.00 $ 8.25 $ 8.50
7 - Repair Technician $ 8.25 $ 8.50 $ 8.75
8 - Sr. Repair Technician $ 9.25 $ 9.50 $ 9.75
9 - Maintenance Electrician $12.00 $12.25 $12.50
Should there be a need for an additional classification, management has the
right to establish the classification. When a new job classification is
established, the Employer and the Union will meet to negotiate a rate of pay for
the new classification within the existing pay structure.
SECTION 3.0 DIFFERENTIALS
Heavy equipment operators shall receive a fifty cents ($.50) per hour increase
once they have been successfully trained and re-classified as a hilo operator.
The Company will not pay twice for the same classification.
If an employee in the Repair Department earns a Technical Degree, during the
term of this contract, the said employee shall be paid an additional fifty cents
($.50) per hour.
SECTION 4.0 PAY RATE TEMPORARY JOB ASSIGNMENTS
The Employer shall provide that on occasion, should an employee be assigned
temporarily (i.e., 1 day, 2 days) to a higher grade position, such employee will
receive the higher rate of pay as classified for that labor grade for the day or
days that such
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employee has performed the higher grade duties. In the event an employee works a
minimum of four (4) hours in a higher grade position, and thereafter resumes the
regular grade work, such employee shall receive the higher rate of pay for the
full eight (8) hours of such day.
Employees working less than four (4) hours in a higher grade will be paid in
accordance with the rate of pay for such higher grade job for the number of
hours worked in hourly segments in such higher grade.
ARTICLE XXXVI SEVERANCE PAY
SECTION 1.0 CONDITIONS OF ALLOWANCE
No provision of this Agreement shall limit the right of the Employer to close
its operations, in whole or in part, to remove products, product lines or
bargaining unit work to other facilities or to take such actions with respect to
the location of the manufacture, assembly or distribution of its products as it
considers advisable for its business. If, in its discretion, a full-time
employee with sixty (60) days or more of continuous service is laid off
permanently because of the movement of an entire product line, the closing of an
entire department or the closing of the plant, the employee, shall be entitled
to severance as provided herein.
SECTION 2.0 ALLOWANCE
$750.00 or $100.00 per year of service, whichever is greater to a maximum of
$1,800.00. For purposes of calculating severance benefits, partial years of
service as of the date of termination of employment, will be rounded off to the
next full year.
SECTION 3.0 ELIGIBILITY
In order to be eligible for the severance pay described above, the employee
must:
a. be on the active payroll as of the date of termination;
b. work until released by the Employer;
c. not be discharged for just cause;
d. not refuse employment to any position at Hauppauge for which the
employee is qualified, whether within the bargaining unit or not;
e. not refuse employment with a successor or any other employer in the
same or similar job classification at a new location (within 15
miles) to which the work has been transferred;
f. Sign an appropriate general release.
Employees who are retained on the employer's payroll for any reason shall not be
eligible for severance pay.
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SECTION 4.0 TRANSFER AND TERMINATION
Employees who accept severance benefits shall be terminated and shall relinquish
all rights to reemployment for all purposes under this agreement. The Employer,
in its discretion, may offer an eligible employee a job at the new location. The
employee shall have the option of either accepting such new employment or
receiving severance pay. No employee designated by the Employer for layoff may
exercise bumping rights notwithstanding any provision in the Agreement to the
contrary.
SECTION 5.0 METHOD OF PAYMENT
Payment shall be made within seven (7) calendar days of the time of termination.
This severance article expires at the end of this agreement.
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ARTICLE XXXVII TERM
SECTION 1.0
This Agreement shall become effective as of October 18, 1997, and shall continue
thereafter for a period of three (3) years, until and including through October
18, 2000 provided, however, any changes, amendments, or modifications to renew
or otherwise extend this Agreement shall be effective as of October 18, 1997;
and shall continue from year to year thereafter unless either party shall give
the other notice of intention to terminate or modify this Agreement by written
notice given not less than sixty (60) days prior to such expiration date.
IN WITNESS WHEREOF, the parties hereto have set their hand this day and year
first above written.
LOCAL 966, AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF
XXXXXX-FIELD, INC. TEAMSTERS
BY:/s/ XXXXXX X. XXXXXXXXXX BY: /s/ XXXX XXXX
------------------------- ------------------------
XXXXXX X. XXXXXXXXXX XXXX XXXX
VICE PRESIDENT, HUMAN RESOURCES PRESIDENT, LOCAL 966
/s/ XXXXX X. XXXXXXX /s/ XXXX X. XXXXXXXX
---------------------------- ----------------------------
XXXXX X. XXXXXXX XXXX X. XXXXXXXX
ASSIST. DIRECTOR, HUMAN RESOURCES BUSINESS AGENT, LOCAL 000
XXXXX XXXXXXXXX:
/s/ XXXXX XXXXXXX /s/ XXXXX XXXXX
---------------------------- ----------------------------
XXXXX XXXXXXX XXXXX XXXXX
/s/ XXX XXXXX /s/ XXXXXXXXX XXXXXX
---------------------------- ----------------------------
XXX XXXXX XXXXXXXXX XXXXXX
/s/ XXXX XXXXXXXXX
----------------------------
XXXX XXXXXXXXX, SHOP XXXXXXX
DATE SIGNED: OCTOBER 23, 1997 RADIFICATION: OCTOBER 31, 1997
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