Exhibit 10.23
LABOR AGREEMENT
This Agreement, dated this 21th day of May, 1995, made and entered into by
and between Xxxxxx Products Ltd., hereinafter referred to as the "Company", and
Teamsters "General", Local Union No. 200, hereinafter referred to as the
"Union."
ARTICLE I - UNION RECOGNITION
The Union shall be the sole collective bargaining representative of all
truck drivers in the employ of the Company.
The Company has the right of employing all new employees. New employees,
during the first sixty (60) day period of employment, shall be considered as
probationary employees subject to the sole judgment of the Company as to their
retention or dismissal. The Company shall have no obligation to re-employ
probationary employees laid off during said sixty (60) days. Employees retained
at the expiration of their probationary period shall be considered regular
employees and be credited with sixty (60) days of seniority.
The Company agrees that as a condition of employment all eligible employees
shall become members of the Union within sixty (60)days after the execution of
this Agreement or within sixty (60) days after his hire, as the case may be.
All employees who become members of the Union shall remain members of the Union
during the life of the Agreement by tendering the periodic dues, initiation
fees, and uniform assessments required as a condition of acquiring and
maintaining membership.
The Company will, for those employees who desire it, deduct the monthly
dues, initiation fees and uniform assessments as now approved by the
International Union from the employees first pay check of each month. Employees
shall signify their desire for the said deduction by an individual authorization
card signed by the employee. Said deduction shall continue for the life of this
Agreement and shall endure from year to year thereafter provided that at the
expiration of this and any subsequent Agreement between Xxxxxx Products Ltd. and
Teamsters "General", Local Union No. 200 there shall be a sixty (60) day, but
not more than seventy-five (75) day, escape period during which the employee may
rescind his authorization for such deductions by written notice to both the
Company and the Union. Deductions thus made shall be mailed to the duly
authorized officer of the Union within five (5) days after such deductions are
made.
The Union agrees to hold the Employer harmless for any action required to
be taken by the Employer pursuant to the provisions of this Article of the
Agreement that has been required of the Employer by the Union in writing.
ARTICLE II - LEAVE OF ABSENCE
Reasonable leave of absence, up to but not to exceed thirty (30) days, may
be granted to any employee in case of any justifiable cause. Absence from duty
because of Union business may be granted without pay by the Company provided
sufficient notice is given to the Company and provided that such absence does
not interfere with plant operations.
Any employee desiring a leave of absence, or an extension of a leave of
absence, from the job shall secure written permission from the Company. Failure
to comply with this provision from the Company shall result in complete loss of
seniority rights of the employee involved. Inability to work because of proven
sickness or injury shall not result in the loss of seniority rights.
ARTICLE III - DISCHARGE
Before discharge, the employee shall be given one (1) warning notice: such
notice shall not remain in effect for a period of more than twelve (12) months,
and shall be in writing with a copy to the Union, except no warning notice is
needed if discharge is due to dishonesty, drunkenness, or recklessness while on
duty, abusing equipment or the carrying of unauthorized passengers.
Any employee may request an investigation as to the discharge. Should such
investigation prove that an injustice has been done an employee, he shall be
reinstated and compensated at his usual rate of pay while he has been out of
work. Appeal from discharge must be taken within ten (10) workdays by written
notice and a decision reached within fifteen (15) workdays from the date of
discharge. If no decision has been reached within fifteen (15) workdays, the
case shall then be taken up as provided for in Article IV of this Agreement.
ARTICLE IV - GRIEVANCE AND ARBITRATION
For the purpose of this Agreement, a grievance is defined as any dispute or
disagreement between an employee or employees and the Company or the Union and
the Company as to the interpretation or application of this Agreement. All
grievances shall be resolved in an orderly manner as provided in this Article.
STEP 1. An employee grievance shall first be taken up by conference
between the aggrieved employee and the Supervisor.
STEP 2. If the grievance is not settled in Step 1, it shall be the
responsibility of the aggrieved employee to reduce any grievance to writing on
the regular grievance form not later than ten (10) working days from the Step 1
conference and submit it to the Supervisor. The Supervisor will set up a
meeting between the grievant and an officials of the Union, along with
Supervisor and the Human Resources Representative within five (5) working days.
STEP 3. If the grievance is not resolved in Step 2, the Federal Mediation
and Conciliation Service may be requested to supply a panel of seven (7)
Arbitrators by either party within two (2) weeks. The parties will thereafter
meet or otherwise confer to select the Arbitrator. The Union and the Company
shall each have the right to strike three (3) names, the last remaining named
person shall be the Arbitrator.
- Time limits set forth above may be extended by mutual written agreement of
the parties.
- The Arbitrator so selected shall schedule a prompt hearing at which time he
shall have the power to make determinations of facts of the questions submitted
to him and apply them to the provisions of the Agreement alleged to have been
violated.
- No arbitrator shall have the jurisdiction or authority to add to, take
from, nullify or modify any of the terms of this Agreement or to impair any of
the rights reserved to the parties
under the terms thereof.
- The decision of the Arbitrator shall be in writing and shall be final and
binding upon the Company, Union and the affected employees.
- In the event an arbitrator awards back pay, the following shall govern: Any
Unemployment Compensation received by the employee or interim earnings verified
by the Company shall be
applied to offset any back pay.
- The Company and the Union shall be responsible for one-half of the expenses
and fees of an arbitrator designated under this Article.
There shall be no authorized strikes or lockouts during the life of this
Agreement.
ARTICLE V - POST NOTICE
The Union shall have the right to post notice of meetings and other Union
activities in Company garages and employees lunchrooms, or on the Company's
bulletin board.
ARTICLE VI - NO OTHER AGREEMENT
The Company agrees that no employee will be asked to make any written or
verbal contract which may in any way conflict with the terms of this Agreement.
ARTICLE VII - UNION BUSINESS
The Company recognizes the right of the Union to designate a shop xxxxxxx
to handle such Union business as may from time to time be delegated to him by
the Union officials. All time so spent by the Union representative shall be
paid for by the Company at the affected employee's regular rate of pay if such
meeting is held during regular working hours on Company property.
ARTICLE VIII - SENIORITY
Seniority rights by classification shall prevail. A seniority list of
employees covered by this Agreement shall be furnished to the Union on request.
Any controversy over the seniority standing of any employee on this list shall
be referred to the Union and the Company for settlement.
In reducing the personnel because of lack of work, the last employee hired
shall be the first laid off; and in returning to work, the last employee laid
off shall be the first to be rehired, provided that the more senior employee is
qualified to do the available work. In no case shall any new employees be hired
until all old employees are reinstated. In case it is proven an employee
younger in seniority performs work when an employee or employees older in
seniority are laid off, then all such employees older in seniority shall be
entitled to pay for such time worked. In slack periods, employees older in
point of seniority shall be entitled to available work in the jurisdiction of
Teamsters "General" Local Union No. 200. In filling vacancies or making
promotions, preference shall be given to employees according to their seniority
standing, wherever qualified.
All new jobs, vacancies or promotions shall be posted for seven (7) work
days prior to operating.
LOSS OF SENIORITY: Any employee's seniority and employment shall terminate
upon the occurrence of any of the following:
a) Discharge or voluntary quitting of employment;
b) Failure to report for work after a layoff within five (5) calendar
days after a written notice of recall has been sent by the Company to the
employee at his/her last known address on record in the employee's
personnel file, with a copy sent to the Union, unless the employee is
prevented from so reporting by illness or other satisfactory reason and
notifies the Company within the above stated five (5) calendar days of such
conditions;
c) Absence from work due to layoff or absence due to bona fide injury or
illness which renders the employee incapable to work shall retain seniority
if he returns to work within thirty-six (36) consecutive months after the
absence commenced, or within a period equal to the seniority which he had
when the absence commenced, whichever is shorter;
d) Absence from work for two (2) consecutive workdays without notifying
the Company, except in cases where it is impossible to notify the Company
and such impossibility is supported by evidence presented by the employee
which is satisfactory to the Company;
e) Absence exceeding the period for which a leave of absence has been
granted or extended unless the employee's excuse is satisfactory to the
Company;
f) Acceptance of other employment while on leave of absence unless agreed
in writing by the Company;
g) Retirement.
ARTICLE IX - HOURS OF WORK
It is understood that over-the-road operations come under the Jurisdiction
of the Interstate Commerce Commission and that the daily and weekly hours of
work shall be governed by the rules and regulations of the Commission.
Double time shall be paid for all work performed on Sunday.
ARTICLE X - WAGES AND CLASSIFICATIONS
The classifications and rates of pay shall read as follows:
SEMI TRUCK DRIVERS --
Effective May 21, 1995 $.37 cent increase to $13.18/hr
Effective May 19, 1996 $.32 cent increase to $13.48/hr
Effective May 18, 1997 $.32 cent increase to $13.80/hr
It is understood and agreed that there may not be work to keep the truckers
employed at all times and that the operators of such trucks may perform such
other work as may be directed by the Company.
Over-the-road semi-truck drivers shall receive a night allowance of up to
$43.00 for lodging and other expenses incurred for any night spent away from
home in connection with services for the Employer. Such drivers shall receive
eight (8) hours of pay for each twenty-four (24) hours of layover where such
layover is due to unforeseen circumstances such as storm or breakdown or other
conditions beyond the control of the employee.
ARTICLE XI - HOLIDAYS
The following shall be observed as holidays: New Year's Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after
Thanksgiving, the day before Christmas, Christmas Day and the day before New
Year's Day. Each year of this contract there will be a floating holiday which
will be mutually agreed to between the driver and the Company.
All full-time employees who have acquired seniority shall receive eight (8)
hours at their respective base rates for the day on which the holiday is
observed or celebrated. If a holiday falls within a vacation period, an
additional eight (8) hours of pay at the employee's straight-time base rate will
be paid to those employees with acquired seniority. Any employee refusing to
work on any of the above named holidays when requested shall not be
discriminated against for such acts. Any work performed on the above mentioned
holidays shall be paid for at double-time the employee's regular base rate of
pay for all hours worked in addition to the holiday pay.
Holiday pay shall be paid only to the employees who work the scheduled
workday preceding and the scheduled workday following the holiday except in
cases of proven illness or excused absence.
In order for an employee to qualify for holiday pay, he must be in the employ of
the Company for a period of not less than sixty (60) days prior to the holiday.
This shall only apply to new employees who are serving their sixty (60) day
probationary period. Eight (8) hours shall be used for computing weekly over-
time for each holiday. This only applies to non-semi drivers.
If a holiday occurs within thirty (30) days of the date of employee layoff,
said employee shall receive holiday pay.
ARTICLE XII - CALL-IN PAY
Employees shall be guaranteed four (4) hours of call-in pay if not put to
work when called and eight (8) hours when put to work. This shall not apply in
cases of breakdown or events beyond the control of management, or where it is
necessary to call in a driver to secure his equipment that should have been
secured in his prior tour of duty.
When the Company requires movement of equipment within the Company's
facility and/or maintenance points, it is mutually agreed that the driver will
be guaranteed a minimum of four (4) hours of pay or actual time worked, if
greater.
ARTICLE XIII - VACATIONS
All employees covered by this Agreement who have been employed for one (1)
year shall receive one (1) week of vacation with pay, two (2) weeks of vacation
with pay after three (3) years of employment, three (3) weeks of vacation with
pay after eight (8) years of employment, four (4) weeks of vacation with pay
after fifteen (15) years of employment, and five (5) weeks of vacation with pay
after twenty-five (25) years of employment. Said employment is to be with
uninterrupted seniority.
Vacation pay shall be computed on the basis of each individual employee's
W-2 earnings for the previous year:
1 weeks - 2%
2 weeks - 4%
3 weeks - 6%
4 weeks - 8%
5 weeks - 10%
During the first year of employment, the employee must work sixty percent
(60%) of the total working days in order to obtain his vacation and must have
been employed for the full year. During the second and subsequent years, the
employee must have worked sixty percent (60%) of the total working days of the
year but need not be employed for the full year to be eligible for the vacation.
No more than one vacation will be earned in any twelve (12) month period.
Continuous service for vacation purposes is defined as actual employment
from January 1 through December 31. See Schedule "C" explaining transition from
existing dates to calendar year.
All vacations earned must be taken by employees and no employee shall be
entitled to vacation pay in lieu of vacation.
The vacation period shall be bid by seniority. Employees shall be allowed
to split their vacations by weeks if they so desire.
The Employer agrees to allow 15% of his employees with a minimum of one (1)
off in any one week for vacation.
When a holiday falls in a vacation week, the employee shall receive an
extra day's pay.
The Employer shall have the right to designate one (1) week of earned
vacation to be used during a plant shutdown. Notice of which week the plant
will be shut down and the vacation week which will be used shall be given to the
employees as soon as management makes the determination.
Employees who do not have earned vacation will be eligible for Unemployment
Compensation.
Based on the fact that management may be required to service its customers
or obtain needed supplies during the plant shutdown, required driving work shall
be offered by seniority to the employees. If all drivers refuse the work,
management shall have the right to force employees to work from the bottom up.
Those employees who work shall be given a full week's work or pay and shall
select another week of vacation that does not interfere with another employee's
prior picked vacation.
ARTICLE XIV - HEALTH AND WELFARE
The parties have agreed to a program of benefits for employees in the bargaining
unit and their dependents, a copy of which has been provided to the Union.
ARTICLE XV - EQUIPMENT, ACCIDENTS AND REPORTS, DANGEROUS WORK
SECTION 1: UNSAFE EQUIPMENT
The Employer shall not require employees to take out on the streets or
highways any vehicle that is not in safe operating condition or equipped with
the safety appliances prescribed by law. It shall not be a violation of this
Agreement where employees refuse to operate such equipment unless such refusal
is unjustified.
SECTION 2: ACCIDENT REPORT
Any employee involved in any accident shall immediately report said
accident and any physical injury sustained. When required by his Employer, the
employee, before starting his next shift, shall make out an accident report in
writing on forms furnished by the Employer and shall turn in all available names
and addresses of witnesses to any accidents. Failure to comply with this
provision shall subject such employee to disciplinary action by the Employer.
SECTION 3: DEFECTIVE EQUIPMENT
Employees shall immediately, or at the end of their shift, report all
defects of equipment. Such reports shall be made on a suitable form furnished
by the Employer and shall be made in multiple copies, one copy to be retained by
the employee. The Employer shall not require any employee to take out equipment
that has been found to be in an unsafe operating condition until the same has
been approved as being safe by the lessor.
When the occasion arises where an employee gives written report on forms
issued by the Employer alleging a vehicle to be in an unsafe working/operating
condition, with which the Employer disagrees, he shall report the matter to the
officers of the Union who will discuss the matter with the Employer.
ARTICLE XVI - PENSION
1. Effective upon the initiation of this agreement, the Employer shall
contribute to the Central States, Southeast and Southwest Areas Pension Fund for
Schedule B, the sum of $44.00 per week for each employee covered by this
Agreement who has been on the payroll thirty (30) days or more. Effective May
22, 1994, said amount shall be increased to $49.00.
2. This Fund shall be the Central States, Southeast and Southwest Areas
Pension Fund. There shall be no other pension fund under this Agreement.
3. By the execution of this Agreement, the Employer binds itself and becomes
party to the Trust Agreement establishing the Central States, Southeast and
Southwest Areas Pension Fund and authorizes the Employer parties thereto to
designate the Employer Trustees as provided under such Agreement, hereby waiving
all notice thereof and ratifying all actions already taken or to be taken by
such Trustees within the scope of their authority.
4. If an employee is absent because of illness or off-the-job injury and
notifies the Employer of such absence, the Employer shall continue to make the
required contributions for a period of four (4) weeks. If an employee is
injured on the job, the Employer shall continue to pay the required
contributions until such employee returns to work; however, such contributions
shall not be paid for a period of more than twelve (12) months.
5. Action for delinquent contributions may be instituted by either the Local
Union, the Joint Council or the Trustees. Employers who are delinquent must
also pay all attorney fees and costs of collections.
6. The Company will provide group insurance coverage for any Company employee
retiring under the pension program at the employee's expense. A copy of the
current plan has been provided to the Union.
ARTICLE XVII - FUNERAL LEAVE
1. In the event of a death in the family, a regular employee will receive up
to three (3) days off with pay to attend the funeral, provided that the funeral
occurs within the employee's regularly scheduled workweek.
2. The employee's family, for the purposes of section 1, shall mean father,
mother, father-in-law, mother-in-law, wife, husband, brother, sister, son or
daughter, stepchild, grandfather and grandmother.
3. In the event a regular employee's sister-in-law or brother-in-law dies,
said regular employee shall receive one (1) day off with pay to attend said
funeral, provided that the funeral occurs within the employee's regularly
scheduled workweek.
4. The employee must be prepared to show proof of attendance at such funeral
if the Company requests proof.
ARTICLE XVIII - MERGER OR TRANSFER
The Employer shall not hire or use extra equipment, other than motor vehicle
common carriers, unless his own usable equipment is in use. Drivers of other
Employers on trucks hired or contracted for by the Employer, other than motor
vehicle common carriers, shall receive not less than the same conditions and
terms of this Agreement.
ARTICLE XIX - JURY PAY
1. The Employer agrees to pay the difference between jury pay and the eight
(8) hour day for each day of jury duty.
2. The employee may be required to show proof of jury duty if required by the
Employer.
3. The employee shall report for work if released from jury duty by 12:00
noon.
ARTICLE XX - MANAGEMENT RIGHTS
Except as otherwise specifically provided in this Agreement, the management
of the Employer's establishment and shop and the direction of the working
forces, including but not limited to the right to hire, suspend, discipline or
discharge for cause and the right to maintain order and efficiency; the right to
reduce the working force or relieve employees from duty because of lack of work
or other legitimate reasons; the right to select sources of materials, equipment
and the Employer's customers; the right to schedule work, shifts, shift hours
and overtime requirements; the right to determine the products to be
manufactured, purchased, handled or sold, and the means, methods, processes and
schedules of production thereof; the right to introduce new or improved methods
or facilities, when and in such manner as it deems it advisable to do so; and
the exercise of such other management prerogatives as are not explicitly
restricted by the expressed terms of this Agreement shall be vested exclusively
in the Employer.
ARTICLE XXI - NON-DISCRIMINATION
The Company and the Union separately and jointly agree that all terms and
conditions of this Agreement will be applied equally to all employees regardless
of age, race, creed, color, sex, disability, or national origin. Wherein the
text of this Agreement words of masculine gender are used, they shall be in-
terpreted to denote either masculine or female gender.
The Company will adhere to and administer all applicable state and federal
employment laws.
ARTICLE XXII - PROTECTION OF RIGHTS
Employees shall not be required to make deliveries or pickups which involve
crossing lawful primary picket lines. In such cases, the employee shall
immediately report to his dispatcher by telephone for instructions.
The Company agrees to waive its rights to collect damages against the Union
in the event of an illegal work stoppage only if the following conditions are
met:
The Union will --
a) Notify all employees immediately in the event of an illegal work
stoppage that the stoppage is unauthorized and in violation of the
contract;
(b) State in writing to employees that the strike is in violation of the
Agreement;
(C) Make every reasonable effort possible to induce employees to cease
such acts.
ARTICLE XXIII - SEPARABILITY CLAUSE
If any Article or Section of this Agreement shall be held invalid by
operation of law or by any Tribunal of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by the
Tribunal pending a final determination as to its validity, the remainder of this
Agreement and the application of such Article or Section to persons or
circumstances other than those as to which it has been held invalid or as to
which compliance with or enforcement of has been restrained shall not be
affected thereby. In either of the events set forth above, the parties affected
thereby shall enter into immediate collective bargaining negotiations, upon
request, for the purpose of arriving at a mutually satisfactory replacement for
such Article or Section during the period of invalidity or restraint.
ARTICLE XXIV - TERMINATION
This Agreement shall remain in full force and effect from May 21, 1995
until 12:01 a.m. on May 24, 1998, unless not less than sixty (60) days prior to
any date of expiration notice is given in writing to the other party by the
party desiring a change of xxxxxxxxxxx.XX WITNESS WHEREOF, the parties hereto
have hereunto set their hands and seals
this XXth day of July, 1995.
FOR THE COMPANY: FOR THE UNION:
Xxxxx X. Xxxxxxxxxx Xxxxx Loop
Xxxx X. Xxxxxx
