Exhibit 10.38
AGREEMENT
BETWEEN
THE XXXXXXX MANUFACTURING COMPANY, LLC
AND
UNITED FURNITURE WORKERS OF AMERICA
LOCAL 262, AFL-CIO
APRIL 1, 2002
TO
APRIL 1, 2004
AGREEMENT
UNITED FURNITURE WORKERS OF AMERICA -- LOCAL #262 A.F.L. -- C.I.O.
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TABLE OF CONTENTS
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ARTICLE I RECOGNITION AND UNION SECURITY................................1
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1.01 Purpose.......................................................1
1.02 Exclusive Bargaining Representative...........................1
1.03 UNION Security................................................2
1.04 UNION Representative Seniority................................4
1.05 Check Off.....................................................4
ARTICLE II GRIEVANCE AND ARBITRATION PROCEDURE...........................5
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2.01 ..............................................................5
2.02 ..............................................................8
2.03 ..............................................................8
2.04 ..............................................................8
2.05 ..............................................................8
ARTICLE III BARGAINING COMMITTEE..........................................8
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3.01 ..............................................................8
ARTICLE IV HOURS OF WORK AND PREMIUM PAY................................10
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4.01 Working Hours................................................10
4.02 Lunch Periods................................................10
4.03 Rest Periods.................................................11
4.04 Overtime.....................................................11
ARTICLE V WAGES........................................................14
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5.01 Hiring Rate and Progression..................................14
5.02 Wage Rates...................................................14
5.03 Mechanics....................................................16
5.04 Inventory....................................................19
5.05 Shift Premium................................................19
5.06 Report-In-Pay................................................19
5.07 Pay for Additional Skills....................................19
5.08 Computation of Quarterly Average Hourly Earnings Rates.......20
5.09 .............................................................21
5.10 .............................................................21
5.11 Payment During Treatment of Work Related Accident............21
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AGREEMENT
UNITED FURNITURE WORKERS OF AMERICA -- LOCAL #262 A.F.L. -- C.I.O.
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ARTICLE VI STANDARD ALLOWED HOURS
(S.A.H.) SETTING FORMULA.................................22
6.01 .............................................................22
6.02 Productivity.................................................23
6.03 .............................................................25
ARTICLE VII SENIORITY................................................26
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7.01 Purpose......................................................26
7.02 Seniority....................................................26
7.03 Establishment of New Classification..........................27
7.04 Company and Union Committee..................................27
7.05 Employee Training............................................28
7.06 Lay Offs.....................................................29
7.07 Furlough.....................................................30
7.08 Reduction of Hours...........................................31
7.09 Open Positions...............................................33
7.10 Personnel Action.............................................34
7.11 Classification Phase Out.....................................35
ARTICLE VIII .............................................................35
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8.01 Leave of Absence.............................................35
8.02 Jury Duty....................................................36
ARTICLE IX PAID VACATIONS...........................................36
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9.01 .............................................................36
9.02 .............................................................37
9.03 .............................................................37
9.04 .............................................................37
9.05 .............................................................38
9.06 .............................................................38
9.07 .............................................................39
9.08 .............................................................39
9.09 .............................................................39
9.10 .............................................................39
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AGREEMENT
UNITED FURNITURE WORKERS OF AMERICA -- LOCAL #262 A.F.L. -- C.I.O.
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ARTICLE X PAID HOLIDAYS...........................................39
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10.01 .............................................................39
ARTICLE XI MILITARY CLAUSE.........................................41
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11.01 .............................................................41
ARTICLE XII INSURANCE PROGRAM.......................................41
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ARTICLE XIII PENSION ................................................43
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13.01 .............................................................43
ARTICLE XIV MANAGEMENT RIGHTS CLAUSE................................43
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14.01 .............................................................43
ARTICLE XV NO STRIKE -- NO LOCKOUT...............................45
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15.01 .............................................................45
ARTICLE XVI BULLETIN BOARDS.........................................47
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16.01 .............................................................47
ARTICLE XVII SAFETY AND SANITATION...................................47
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17.01 .............................................................47
ARTICLE XVIII LEGAL CONFORMITY........................................48
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18.01 .............................................................48
18.02 .............................................................48
ARTICLE XIX MISCELLANEOUS...........................................48
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19.01 Sick Days....................................................48
ARTICLE XX TERMINATION, MODIFICATION AND RENEWAL...................49
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20.01 .............................................................49
20.02 .............................................................50
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AGREEMENT
UNITED FURNITURE WORKERS OF AMERICA -- LOCAL #262 A.F.L. -- C.I.O.
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APPENDIX A ..............................................................A-1
APPENDIX B ..............................................................B-1
APPENDIX C ..............................................................C-1
APPENDIX D ..............................................................D-1
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This agreement, entered into this 1st day of April, 2002, by and
between THE XXXXXXX MANUFACTURING COMPANY, LLC, a Delaware corporation, for and
on behalf of its plant in San Leandro, California, hereinafter referred to as
the COMPANY,
and
The UNITED FURNITURE WORKERS OF AMERICA, LOCAL #262, A.F.L.-C.I.O, on
behalf of the COMPANY's employees in the San Leandro Works, hereinafter referred
to as the UNION
WITNESSETH
NOW, THEREFORE, in consideration of the promises of mutual covenants
and agreements of the parties hereinafter set forth, the parties do hereby agree
as follows:
ARTICLE I RECOGNITION AND UNION SECURITY
1.01 PURPOSE The intent and purpose of the parties is to promote efficiency,
increase production and improve and achieve harmonious industrial and economic
relationships between the employees and the COMPANY; and to that end the parties
express their intention to cooperate in fulfilling their mutual obligation in
this basic agreement covering wages, hours of work and other terms and
conditions of employment applicable to the employees covered by this collective
bargaining agreement.
1.02 EXCLUSIVE BARGAINING REPRESENTATIVE
The COMPANY recognizes the UNION as the exclusive bargaining representative for
all production and maintenance employees working at its San Leandro, California
plant, including the Flotation Division, covered by this agreement for the
purpose of collective bargaining, excluding executives, sales employees, office
workers, supervisors, foremen, timekeepers, watchmen and Teamsters (this term
does not include inside plant truckers). The COMPANY does not want nor will it
permit supervisors, including foremen, to do any production or
maintenance work. However, this provision shall not be construed in such fashion
as to deny such personnel the right to instruct, experiment, check or test
equipment to determine fitness or do critically necessary work when required to
meet customer demands limiting to no more than forty-five (45) minutes in a day.
This clause will not be abused or misused.
1.03 UNION SECURITY
A. It is further understood and agreed that all such employees
shall, after 30 days, become members of the UNION and, as a
condition of continued employment, maintain such membership in
good standing for the life of this agreement.
B. The COMPANY shall have the sole and exclusive right to hire
employees. To assure maximum harmonious relations and in order
to obtain the best qualified employees, the COMPANY shall
employ only such personnel as meet the minimum requirement as
to training, experience, and ability as recognized by
prevailing standards.
C. New employees shall be considered probationary employees until
they have completed the probationary period of sixty (60)
days. The parties agree that the sixty (60) days may be
extended to ninety (90) by mutual agreement. Such mutual
agreement will not be unreasonably withheld when the COMPANY
has cause for extension. During the probationary period, an
employee may be discharged at the discretion of the COMPANY
with or without cause.
D. The UNION agrees to give the COMPANY every reasonable
assistance in recruiting employees meeting the above
standards.
E. PART-TIME AND TEMPORARY EMPLOYEES
1. a. Part-time and temporary employees will
receive no benefits, holidays or vacation.
At the time the COMPANY determines that a
temporary position is full-time or at the
end of ninety (90) days (whichever comes
first) the temporary job will be filled in
accordance with the contract.
2
b. The COMPANY will not have part-time or
temporary employees working if regular
employees are not working all scheduled
hours per week unless the regular employees
have refused to work on the job being
performed by the part-time or temporary
employees.
c. The COMPANY will have the right to hire
part-time employees on a permanent basis
without paying benefits, holidays or
vacation. Part-time employees will pay union
dues as designated by the UNION. Part-time
employees will have no seniority rights in
the contract. Probationary period will apply
to permanent part-time positions.
d. A part-time employee is one who is hired to
regularly work less than the number of hours
established as the regular work week in this
agreement.
e. The COMPANY will have no more than nine (9)
temporaries at one time and no more than two
(2) part-time employees at one time.
2. a. In the event of a layoff, any positions
being held by a part-time employee will be
offered to a displaced employee with the
understanding that the employee will receive
the rate of the part-time job, but will
incur no loss of benefits. When the
employee's original full-time position
becomes open the employee must return to
their former position or lose benefits. If
the employee or employees refuse the
position, they will be subject to layoff and
the COMPANY may retain the original
part-time employee.
3
b. This provision is only applicable in a
layoff. It does not apply when a full-time
employee bids to a part-time position on a
permanent basis. In that event, the employee
would not continue benefits.
1.04 UNION REPRESENTATIVE SENIORITY
The COMPANY agrees that any employee leaving his/her employment to accept
elective or appointive positions with the UNION shall, at the expiration of
his/her official duties, be returned to his/her previous job at the plant.
During absence employee will continue to accrue seniority for three years after
which no seniority will be accrued. Employees serving in such positions prior to
this contract date will continue to accrue seniority as defined in previous
contract. If this job no longer exists, regular rules governing seniority will
apply.
1.05 CHECK OFF
A. The COMPANY agrees to deduct (upon receipt of written
authorization for such deductions) the initiation fees of new
members, the regular monthly dues of all such members, and any
assessment authorized by the UNION in accordance with its
by-laws. Such deductions shall be made the first payday of
each month and shall be remitted to the Financial Secretary of
the UNION not later than the fifteenth (15th) day of the
current month. In the event that an individual is off and dues
are not deducted for the month, the COMPANY agrees upon
written authorization from the member to deduct the monthly
dues the second month.
B. The COMPANY agrees to deduct (upon receipt of written
authorization for such deduction) from the employee's salary
an annual deduction for C.O.P.E. The COMPANY shall remit to
the Financial Secretary of the UNION within fifteen (15) days
all monies collected.
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ARTICLE II GRIEVANCE AND ARBITRATION PROCEDURE
2.01
A. Grievances regarding the interpretation or application of this
agreement must be filed within five (5) days of their
occurrence, provided, however, that no grievance will be
recognized to exist unless submitted in writing by either the
Bargaining Committee or a Department Shop Xxxxxxx to the
immediate Xxxxxxx of the department involved. Prior to filing
a written grievance a complaint may be discussed by the
employee with his/her supervisor. The complaining employee
shall have the option to have a Shop Xxxxxxx or committee
member present. The COMPANY reserves the right to have a Shop
Xxxxxxx present in addition to a committee person. If the
complaint is not then resolved, it may be submitted as a
grievance in writing by the Grievance Committee or a Shop
Xxxxxxx to the Supervisor. Should differences arise between
the COMPANY and the UNION or any of its members employed by
the COMPANY as to the meaning and application of the
provisions of this Agreement, or should any local trouble
arise in the plant, there shall be no suspension of work on
account of these differences. Decisions by any one of the
following methods shall be retroactive to the date they took
place:
FIRST: Between the Shop Xxxxxxx of the department concerned and the
Superintendent or Xxxxxxx of the department.
SECOND: Between the COMPANY and Bargaining Committee designated by
the UNION.
THIRD: Between the Operations Manager or his representative and the
UNION Bargaining Committee and representative of the UNION.
5
FOURTH: Failing satisfactory adjustment by any of the above means a
grievance involving the interpretation or application of
this contract may be presented by either party to the
Federal Mediation and Conciliation Service and, finally,
such unsettled grievances may be submitted to an Arbitrator.
In the event that a time study dispute is not resolved at the
Operations Manager's level of the present grievance procedure,
the UNION shall have the right to retain, at UNION expense, an
outside time study engineer who shall be permitted by the
COMPANY to view or study the operation in dispute for the
purpose of advising the UNION on the disputed standards. It is
understood by the parties that following the receipt of the
report by the UNION from its Engineer; the UNION may then
confer with COMPANY representatives, other than the local
management through the offices of the COMPANY Senior Vice
President of Human Resources, for the purpose of attempting
resolution at the pre-arbitration level. If the time study
dispute is not resolved, then the matter may be appealed to an
Arbitrator who must be a qualified Time Study Engineer to be
selected by mutual Agreement. In order to facilitate
appropriate arrangements, the UNION shall notify the COMPANY
of the date on which its Time Study Engineer will appear at
least two (2) weeks in advance. Disputes and grievances
involving questions outside the terms of this Agreement shall,
if mutually agreed, be settled by arbitration and the
Arbitrator shall be selected as provided below.
B. Unsettled grievances will be submitted to an Arbitrator from a
panel of ten (10) mutually acceptable Arbitrators which list
the parties shall draw up after the signing of this Agreement.
It is mandatory such list will be agreed to within ninety (90)
days of the signing of this Agreement. This panel will be
considered a permanent panel during the life of the Agreement
and will provide Arbitrators for all cases occurring during
that period. Selection of the Arbitrator for each case will be
made by the random drawing of one of the ten (10) named
Arbitrators. If the Arbitrator drawn is not available within
thirty (30) days, another drawing will be made. If no
Arbitrator on the list of ten (10) is available
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within thirty (30) days, the Arbitrator with the earliest
available date will be selected.
C. All steps of the Grievance and Arbitration Procedure must be
initiated (including selection of Arbitrator) within sixty
(60) days of the date of grievance if filed, or the grievance
will be considered resolved with the COMPANY's last answer.
In the event it is difficult to obtain a hearing date because
of crowded Arbitrator schedules, the parties may extend, by
mutual Agreement, the sixty (60) day limitation to accommodate
to the schedule of the earliest available Arbitrator. Mutual
Agreement will not be unreasonably withheld.
The decision of the Arbitrator shall be final and binding.
The parties will pay the cost of their own presentation in an
arbitration case but will share equally the Arbitrator's fee.
D. Arbitration of disputes involving standards require that the
Arbitrator not only be skilled in incentive work measurement,
but also that as a part of his/her experience/background,
he/she has actually set incentive rates in a manufacturing
operation. As proof that standards are adequate, the COMPANY
is permitted to demonstrate their attainability by using an
operator outside the U.F.W.A. membership.
Prior to the time the demonstration takes place, the UNION
shall be afforded an opportunity to secure the services of a
qualified Time Study Engineer with the necessary background to
check the incentive effort of the operator to ensure the
fairness of his/her performance measurement. The COMPANY shall
not abuse this clause. Arbitrators are denied the possibility
of compromising standards and are limited to accepting either
the COMPANY or the UNION proposed standard on the basis of
which most nearly conforms to the formula described in Article
VI.
7
2.02 A specified period shall be agreed upon between the Bargaining Committee
and the COMPANY for the presentation of written grievances, provided, however,
that matters pertaining to discharge or other matters that cannot be delayed
until the time of the next meeting shall be presented immediately. Article XV,
Section A provides for Expedited Arbitration designed to ensure speedy
resolution of certain grievances, including discharge and suspension of
employees.
2.03 It is understood and agreed that when the Shop Xxxxxxx or Bargaining
Committee presents a written grievance to the COMPANY, according to the
procedures outlined herein, for any reason or for higher rate or new wage rates
for a job or operation, such increases shall be retroactive to the date the
grievance took place. No demand for retroactive pay shall be made where it is
physically impossible to calculate such pay. Unless otherwise agreed on by the
COMPANY and the Bargaining Committee, all grievances presented to the COMPANY in
writing by the Bargaining Committee shall be mutually agreed on within one (1)
week, after which time Article II, Section 2.01 (A), third (3rd) step shall be
invoked and completed within fifteen (15) days.
2.04 The employees shall perform the work as ordered by the COMPANY in
accordance with the provisions of this Agreement.
2.05 No action shall be taken affecting working conditions of the employees
outside the term of the Agreement without consultation with the UNION.
ARTICLE III BARGAINING COMMITTEE
3.01
A. The Grievance Committee for the plant shall consist of no more
than three employees appointed by the UNION.
1. Wednesday afternoons starting at 2:45 p.m. or any
other mutually agreeable time shall be designated as
the time for the regular weekly grievance meetings
with COMPANY representatives. The COMPANY will not
pay employees for time spent in this meeting. If
overtime is
8
scheduled and the meeting is concluded prior to the
scheduled overtime, the employees will return to
their jobs and finish the remainder of scheduled
overtime if required by the COMPANY.
2. If the above meeting is scheduled by the COMPANY
prior to 2:45 p.m., the employees will be paid at
average rate for the time spent in the meeting prior
to 2:45 p.m.
B. Any Union Xxxxxxx shall have the right to visit departments
other than his/her own for a maximum of twenty (20) minutes a
day after notifying his/her department supervisor. The visits
shall only be for the purpose of investigating or discussing
legitimate grievances.
Any UNION official shall have the right to visit the plant at
all reasonable times and shall be accompanied by a
representative of the COMPANY if the COMPANY so desires.
C. It is understood that when the COMPANY calls a meeting of the
Bargaining Committee the expense of such meeting shall be
borne by the COMPANY.
D. It is understood that any member of the Bargaining Committee
may, without loss of working time, call to the attention of
the management any violation of an agreement previously
concluded. If the management cannot settle this grievance
according to the terms of the original Agreement, then the
COMPANY shall meet with the Bargaining Committee and bear the
expenses thereof if the meeting is prior to 2:45 p.m. If the
meeting is at 2:45 p.m., the COMPANY will not pay.
ARTICLE IV HOURS OF WORK AND PREMIUM PAY
4.01 WORKING HOURS
A. The eight (8) hour day and the forty (40) hour week, Monday to
Friday inclusive, shall be established at the plant.
9
B. Normal first shift schedule will be from 6:15 a.m. to 2:45
p.m.
Normal second shift schedule will be from 2:45 p.m. to 11:15
p.m.
Normal third shift schedule will be from 10:15 p.m. to 6:15
a.m.
Flex (A) Start 5:15 a.m. to 1:45 p.m.
Flex (B) Start 8:15 a.m. to 4:45 p.m.
Flex (C) Start 11:15 a.m. to 7:45 p.m.
Employees may be required to start their normal shift two (2)
hours early.
C. These hours may be changed by mutual Agreement.
4.02 LUNCH PERIODS
A. Lunch periods will be scheduled as follows:
1st Shift 11:00 a.m. to 11:30 a.m.
2nd Shift 7:45 p.m. to 8:15 p.m.
3rd Shift 2:15 a.m. to 2:45 a.m.
Flex (C)Shift 3:15 p.m. to 3:45 p.m.
B. These hours may be changed by mutual agreement between the
parties.
C. Employees working in a period of not more than five hours (5)
will complete the days work. The meal period may be waived by
mutual consent of the COMPANY and the UNION.
4.03 REST PERIODS
A. There shall be a rest period of ten (10) minutes between the
second (2nd) and third (3rd) hours and the sixth (6th) and
seventh (7th) hours in each shift.
10
B. Employees working in excess of eight (8) hours on any given
shift shall be allowed an additional ten (10) minute rest
period.
C. The above rest periods may be changed by mutual agreement.
4.04 OVERTIME
A. 1. All work done on Saturday, up to eight (8) hours or
in excess of eight (8) hours in any one (1) day, and
in excess of forty (40) hours in any one week, shall
be paid at the rate of time- and-one-half (1-1/2).
2. Working hours will be based on an eight (8) hour time
period which is subject to being flexed for starting
times for the first shift will be 6:15 a.m. (normal),
5:15 a.m. (flex), and 8:15 a.m. (flex). The starting
times for the second shift will be 2:45 p.m. (normal)
and 11:15 a.m. (flex). Employee starting at 5:15
a.m., 8:15 a.m. and 11:15 a.m. will receive an hourly
wage premium for the hours worked before normal shift
starting times and ending times.
Employees placed on flexed hours will be determined
by seniority, and will be notified five calendar days
in advance of the Company's intent of their placement
on flex hours. Employees placed on flex hours are not
subject to change of that status without five
calendar days advance notice.
Flex Hours -- employees starting at 5:15 a.m., and
11:15 a.m. will receive an hourly wage premium of
$.10 per hour for the hours worked before normal
shift starting and ending times.
Employees shall be informed, at the time of
scheduling of the length of time they are expected to
start their shift early. Employees required to work
before the normal starting time without advanced
notice shall receive time-and-one-half (1-1/2) for
all hours worked before the normal starting time.
11
3. Double time shall be paid for all hours over eight
(8) hours on Saturday, and for all work performed on
Sunday and Holidays.
B. Employees working in excess of ten (10) hours on one shift
shall be allowed twenty (20) minutes mealtime without
deduction in pay.
C. Employees required to work overtime will be so notified on the
working day before the day of overtime except:
1. In cases of production emergency.
2. Quilt Machine Operators. Quilt Machine Operators
shall be notified before lunch of the day overtime is
to occur. When mutually agreed, the COMPANY and the
UNION can meet to make further revisions to
accommodate the needs. The COMPANY shall first seek
volunteers to work the overtime. If there are not
enough volunteers to provide the necessary amount of
work, employees shall be required to work the
overtime by rotating the mandatory overtime,
beginning with the least senior qualified employees.
3. The Company will notify employees by 11:00 a.m. on
Friday if they are required to work on Saturday. If
asked after 11:00 a.m., it will be on a volunteer
basis.
D. Except for the plant security, continuous shift operations,
emergency, maintenance or impaired customer service, the
COMPANY will not require production employees to work in
excess of ten (10) hours per day on Monday, Tuesday, Wednesday
and Thursday and Friday.
1. If needed, employees will work eight (8) hours the
Friday before Labor Day holiday and eight hours at
double time on the Saturday before Labor Day holiday.
12
2. On all other Saturdays, except other contract holiday
weekends, only eight (8) hours will be mandatory even
if ten (10) hours are scheduled on the previous
Friday. Sunday and holiday work will not be
mandatory.
3. No overtime will be required the day before a
holiday.
4. An employee with a reasonable excuse for not working
on a particular Saturday, may have the Saturday off
with two (2) weeks advance written request to the
COMPANY provided that another employee is available
to perform the necessary work. It is agreed that no
more than two (2) employees per job classification
may exercise such option.
5. Rotation of overtime among qualified employees will
be discussed between the Shop Xxxxxxx and the
appropriate Supervisor prior to giving notice to the
affected employee.
6. Employees shall not be required to work more than
three (3) consecutive Saturdays. Employees may be
required to work all Saturdays during the month of
October.
7. Assignment of hours before the normal starting time
shall be by group. A group is determined by the
manufacturing requirements in accordance with the
production schedule.
If it is necessary to require an individual to start early
he/she will be selected on a voluntary basis. If there are no
volunteers, employees will be assigned by a rotation of
seniority beginning with the least senior employees.
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ARTICLE V WAGES
5.01 HIRING RATE AND PROGRESSION
Regardless of the job classification:
A. The hiring rate for new employees will be:
4/1/02
------
$8.25
B. Upon qualification on job for two (2) consecutive weeks, new
hires will be eligible for Pay Plus Bonus. Under no
circumstances is this section meant to shorten the established
probationary period for new hires.
5.02 WAGE RATES
A. Job levels and pay ranges are as follows:
JOB LEVEL LISTING
PAY PLUS BONUS PLAN
XXXXX 0 XXXXX 0
------- -------
Panel Quilter #120 Bechik Operator #105
Cover Cage #120 Packer/Inspector #130
Closer #130 Frame Builder #165
Coiler #225 HMB Handler/Hogring #225
Coordinator Various Janitor #490
Handler Various
XXXXX 0 XXXXX 0
------- -------
Border Overlock #105 New Hires (see 5.01A)
Border Quilt #105 Light Duty (see 5.11)
Box Spring Sew #115
Flat Cut #115
Panel Overlock #120
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BASE RATE PAY RANGES
Hog Ring #130 --------------------
Box Spring Xxxxxxxxxx #000 Xxxxx 0 $10.00 -- $13.50
Xxx-Xxx #000 Xxxxx 0 $9.00 -- $12.50
HMB Assembly #225 Level 3 $8.50 -- $10.00
Receiving #410* Xxxxx 0 See above
Warehouse/Loader #500
B. Inventory Rate will be:
4/1/02
------
$11.60
C. All employees with an established rate shall receive the
following increases:
4/1/02 4/1/03
------ ------
$0.40 $0.40
D. The COMPANY will use Performance Evaluations for the purpose
of reviewing new employees' progress or an existing employee
who is transferred to a new position, or at any time the
COMPANY or an employee requests a re-evaluation of their
established base rate. Employees receiving a pay rate
adjustment as stated in 5.09 will be evaluated no later than
60 days, or sooner if requested, for any rate increase. The
results of the evaluation may result in a pay increase, but
will in no way replace or reduce the negotiated annual pay
increase. The UNION representative must be present during the
evaluating process.
E. All employees will be assigned a primary job function,
individual position and their corresponding base rate.
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5.03 MECHANICS
A. The COMPANY and the UNION agree to the establishment of four
mechanic job classifications:
1. Master Journeyman -- new mechanic classifications
with a $.50 per hour increase over journeyman's
hourly rate.
2. Journeyman
3. Technical
4. Entry Level
Each job classification will have its own wage rate.
By joint committee the COMPANY and UNION will determine the
mechanic job classification an individual will be placed in.
All employees presently holding a maintenance mechanic job
will receive their current rate of pay or their new job
classification rate which ever is higher.
The COMPANY agrees to provide maintenance mechanics a tuition
reimbursement plan of one hundred percent (100%) for
furthering their skills. The COMPANY will pay the tuition cost
upon successful completion of the studies. The cost of books,
equipment and tools will be the responsibility of the
individual. The COMPANY also agrees to implement the
apprenticeship program of the International Union of
Electronics, Electrical, Salaried Machine and Furniture
Workers, AFL-CIO.
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B. The wage rates for the mechanics job classifications are:
========================================== ===========================================
JOB CLASSIFICATIONS ANNIVERSARY DATES
----------------------- -------------------
4/1/02 4/1/03
========================================== ======================= ===================
Entry Level 16.25 16.65
------------------------------------------ ----------------------- -------------------
After completion of 6 months 16.46 16.86
------------------------------------------ ----------------------- -------------------
After completion of 12 months 16.66 17.06
------------------------------------------ ----------------------- -------------------
After completion of 18 months 16.87 17.27
------------------------------------------ ----------------------- -------------------
After completion of 24 months 17.07 17.47
------------------------------------------ ----------------------- -------------------
After completion of 30 months 17.28 17.68
------------------------------------------ ----------------------- -------------------
After completion of 36 months 17.48 17.88
------------------------------------------ ----------------------- -------------------
After completion of 42 months 17.69 18.09
------------------------------------------ ----------------------- -------------------
After completion of 48 months 17.89 18.29
------------------------------------------ ----------------------- -------------------
Technical 17.91 18.31
------------------------------------------ ----------------------- -------------------
Fifth Year 18.33 18.73
------------------------------------------ ----------------------- -------------------
Journeyman 18.75 19.15
------------------------------------------ ----------------------- -------------------
To be classified under the technical job classification an individual
must possess (one of the following):
* twenty hours of college courses in machine shop technology,
electrician, electronics, welding; or any other trade
applicable to XXXXXXX work environment.
* or a certified job skill applicable to XXXXXXX work
environment.
* or 4 years of approved work experience.
* or be employed by XXXXXXX and classified a MAINTENANCE
MECHANIC as of July 1, 1989.
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Quarterly, the joint COMPANY and UNION committee will meet to review
progress of apprentices and the movement of individuals between job
classification.
Additional explanation of mechanic job classifications establish a
fourth classification for mechanics:
1. Master Journeyman -- possess all the skills and
knowledge of a journeyman, plus additional expertise
in electrical, mechanical, ability to train, lead
others, and communicate with management and outside
sources.
Individual(s): D. Xxx Xxxxxxx
2. Journeyman
Individual(s): H. Xxxxx Xxxx, X. Xxxxxxxx,
X. Xxxx
3. Technical
Individual(s): X. Xxxxxxxxx, X. Xxxxx
4. Entry Level
Individual(s): X. Xxxxxxx and X. Xxxxxxxxx
C. Awarding of Maintenance Mechanic jobs through the Job Bidding
Procedure will be limited to employees with the necessary
aptitudes and skills as determined by the COMPANY.
5.04 INVENTORY
During the annual physical inventory, senior employees have preference, but may
elect not to work provided a less senior employee has the qualifications needed
to perform inventory duties as approved by the COMPANY. See 5.02 for inventory
pay rates.
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5.05 SHIFT PREMIUM
Fifteen cents (15(cents)) per hour shall be paid for second shift work. Fifteen
cents (15(cents)) per hour shall be paid for third shift. The third shift shall
receive a paid one-half (1/2) hour lunch.
5.06 REPORT-IN-PAY
A. Employees who report for work, and who have not been otherwise
instructed, or a reasonable attempt made to contact, on the
previous day, shall be paid for a minimum of four (4) hours
for such day.
B. The COMPANY will not be responsible for wage payments for the
time not worked when production is interrupted because of
unforeseen emergencies arising from conditions outside of the
plant. In the event of such emergency, the COMPANY and the
UNION representatives shall meet immediately to determine any
necessary change of work schedule.
5.07 PAY FOR ADDITIONAL SKILLS
All existing employees receiving pay for additional skills will be paid as
follows: One (1) additional skill, $0.15 cents; two (2) additional skills, $0.20
cents; and three (3) plus skills, $0.25 cents per hour. The COMPANY continues to
retain the right to utilize employees in their skill areas provided they
maintain the minimum established productivity level for the job. If someone
should become disqualified from a skill or sign a self-disqualification waiver,
their salary will be adjusted down according to the same scale.
Going forward, we will post for the jobs listed below. Candidates must agree to
be trained in all skills of the job. They will receive $0.40 cents per hour
additional pay above their base rate. If they currently receive additional pay
for skills, they will receive the difference up to the $0.40 cents.
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Three (3) jobs: Hogring, Closer & Quilter
Three (3) jobs: Hogring, Closer & Coil Operator
Six (6) jobs: Box Spring Upholstery, Top-Off and
HMB Assembly
5.08 COMPUTATION OF QUARTERLY AVERAGE HOURLY EARNINGS RATES
A. Average quarterly hourly earnings rates shall be established
on a calendar quarter basis and shall change and become
effective one month after the close of each calendar quarter.
Such average will apply in all cases where quarterly work
average hourly earnings rates are referred to in this
Agreement. The four calendar quarters of the year shall be as
follows:
1st Quarter January, February, March
2nd Quarter April, May, June
3rd Quarter July, August, September
4th Quarter October, November, December
B. Quarterly work average hourly earnings rates will not be
established for employees who have worked less than eighty
(80) hours in the preceding quarter except that employees
transferred during the last eighty (80) hours of any quarter
shall receive a quarterly average rating. If an employee has
been legitimately away from work because of illness, accident,
or on a leave of absence, and has not been able to establish
an quarterly average hourly earnings rate, it is agreed that
his/her average hourly earnings rate for the quarter preceding
his/her absence will be carried forward until such time as
he/she is able to return to work.
C. Quarterly averages will be computed by using the average bonus
for the previous quarter and applying it to the base rate.
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D. When an employee works without published quarterly average
hourly rate is assigned to a job without a work rate he/she
will be paid at the average of his/her hourly earnings rate
for the preceding four (4) weeks.
5.09 Employees shall not suffer any reduction in such wages or of benefits
specifically identified in this contract during the term of this
contract. The COMPANY will not honor any side agreement on wages or
benefits unless they are signed by the Sr. VP Human Resources and
attached to this contract.
5.10 In no case shall any employee be paid less than their established base
rate except when one or more of the following occur:
1. Employees bidding on or reclassified to another job
within the same level;
2. Employees bidding on or reclassified to a lower level
job;
3. An employee is disqualified or waives their right to
receive additional skill pay.
When making wage rate adjustments the COMPANY will look at previous
experience in the new job, their current base rate, and new job salary
range. All adjustments to salary will be documented and reviewed with
the UNION and the employee before changes are enacted.
5.11 PAYMENT DURING TREATMENT OF WORK RELATED ACCIDENT
A. In the event an employee suffers an industrial injury and is
referred to the medical office, outside clinic, outside
hospital, or outside doctor for treatment during working
hours, the COMPANY shall pay for the time spent in treatment
of such injury at his/her base rate only. If the treating
agency certifies that such injured employee is unable to
continue work because of such injury the COMPANY will pay for
the balance of the eight (8) hours. Wage loss will be reported
to the COMPANY's Workers' Compensation carrier for possible
additional payment. This is done in accordance with laws
covering Workers' Compensation. Light duty will be paid at
base rate only.
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B. If the treating agency requests a subsequent visit for
treatment of this injury during working hours, and provided
the employee has returned to work, the COMPANY will pay for
the time spent in this treatment at his or her base rate only.
1. On the above date of this scheduled visit the
employee must notify the Supervisor at the beginning
of his/her shift as to the time the appointment is
scheduled.
2. The employee will be clocked out in sufficient time
to make the scheduled appointment.
3. When the employee leaves the treating agency's
office, he/she will receive a release form that will
show the completion time of the appointment.
4. Upon returning to his/her department the employee
will present this form to his/her Supervisor and will
be clocked back in for work.
C. None of the sections of this paragraph are to be so construed
that benefits will incur in addition to or pyramid on
disability payments under Workers' Compensation Law.
ARTICLE VI STANDARD ALLOWED HOURS (S.A.H.) SETTING FORMULA
6.01 When it becomes necessary to establish a standard on a new job or
variation of an old operation, the following procedure shall be
followed:
A. If possible, normal production will be determined from
standard task times, if available, or a time study analysis
shall be made of the operation for the purpose of determining
the normal hourly or daily production.
1. A UNION representative may be present when the time
study of an operation is being made.
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2. Prior notice of the time study of an operation shall
be given to the interested parties.
3. A time study shall not be made until such job is
properly set up and functioning.
B. A normal hour or daily production shall be defined as that
amount of production attained by a normal proficient operator
working at a normal pace which may be consistently followed
throughout the working period.
C. A written description of the operation, together with the time
study results and S.A.H., will then be submitted by the
COMPANY to the departmental Shop Xxxxxxx, the Operator or
Operators, and Bargaining Committee.
D. Such Standard Allowed Hours shall become effective immediately
upon submission as provided above in Paragraph (A) and (C) of
this Section.
E. Complaints arising as to the accuracy of any time studies
shall be handled as grievances in accordance with Article II
of this Agreement.
1. Any adjustments made as a result of such grievance
shall be retroactive to the date the Standard Allowed
Hour value was first submitted.
2. Complaints arising from the procedure must be
submitted within sixty (60) days on continuous
operations, or within thirty (30) production days on
broken or short run operations.
3. No grievance on a time study will be recognized until
the operation has been performed for forty (40) hours
on continuous operations or eight (8) hours on short
or intermittent runs.
6.02 PRODUCTIVITY
A. All employees who have completed the training program are
expected to REACH and MAINTAIN efficient productivity levels.
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B. The withholding of productivity shall subject an employee to
the following corrective disciplinary procedures:
1. Verbal Reprimand
2. Written Reprimand
3. Suspension without Pay
4. Discharge
C. Base rate is intended as pay for one hundred percent (100%)
effort. History indicates that incentive employees' plant
average pace is approximately twenty-five percent (25%) over
base; consequently, the parties agree that levels of
production below the plant average will be investigated by the
COMPANY.
1. If after investigation the COMPANY can show, either
through earnings of others or through a demonstration
by supervisors, Xxxxxxx Institute for Technology and
Education (S.I.T.E.) employees, or operators from a
sister plant that adequate incentive opportunity
exits, the COMPANY will have proved its case against
the employee charged with withholding productivity.
2. Prior to the time the demonstration takes place, the
UNION shall be afforded an opportunity to secure the
services of a qualified time study engineer with the
necessary background to check the incentive effort of
the operator to ensure the fairness of his/her
performance evaluation.
3. The COMPANY shall not abuse this clause.
D. Employees who are marginal, i.e., who earn between base rate
and one hundred fifteen percent (115%) may be removed from the
operation at the discretion of the COMPANY.
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1. Such employees may be placed in a job at which they
can perform at an efficient level consistent with
Section 6.03 below.
2. The COMPANY shall not abuse this clause.
6.03
A. Individuals who consistently fail to produce on an incentive
basis, i.e., at one hundred fifteen percent (115%) of base or
more, within the period of time provided by the COMPANY's
Learner's Curves or thereafter, shall be removed from the job
on which they are failing to remain qualified. Such employees
may then be assigned to a job requiring less dexterity or
skill so that they may have an opportunity of being more
successful in the future assignments.
1. In making such assignments, the Bargaining Committee
will select the job to which the employee will be
transferred, but selection shall be limited to those
jobs which are currently open.
a. If no such job is available, the employee
shall be placed on layoff until an opening
exists.
2. Employees with more than one (1) year but less than
five (5) years of service shall be limited to one (1)
such transfer.
3. Employees with more than five (5) but less than ten
(10) years of service shall be limited to two (2)
such transfers.
4. Employees with more than ten (10) years of service
shall be limited to three (3) such transfers.
5. Subsequent disqualifications will subject the
employee involved to termination of employment.
B. Any actions taken under this Section are subject to the
Grievance and Arbitration procedures in Article II of this
Agreement.
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ARTICLE VII SENIORITY
7.01 PURPOSE
This seniority provision has been developed to provide an equitable means of
enhancing the "Make To Order System," providing the COMPANY with trained
employees that are responsive to production schedule variations and to provide
job security for senior employees.
7.02 SENIORITY
A. Definition: An employee's unbroken service with the COMPANY in
years, months, and days, since the employee's most recent date
of hire. Seniority shall be established on a plant basis, and
separately, within Core and Skill Group areas.
B. If two employees have the same amount of unbroken service, the
employee with the earliest hire date, will have the greatest
seniority.
C. Seniority List: The COMPANY will furnish the UNION with a
seniority list on a quarterly basis, and/or on the request of
the Chairperson of the Bargaining Committee.
D. Seniority shall govern in the following areas:
1. Training
2. Vacations
3. Overtime, where the COMPANY has made a reasonable
attempt to contact qualified employees
4. Lay-offs
5. Job Bidding
6. Recall
7. Job Shift
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8. Temporary Transfer
9. Reduction of Hours
10. Furlough
E. As described in various sections of the contract, none of the
language in this section will change the governing of
seniority in other sections of this contract.
If there is a conflict in any of these areas, the COMPANY and
UNION must meet to seek a solution of the conflict.
7.03 ESTABLISHMENT OF NEW CLASSIFICATION
A. In the event it becomes necessary to establish a new
classification, the COMPANY and the UNION shall meet for the
purpose of discussing the rate for such classification.
The COMPANY and the UNION, in an attempt to reach an
understanding shall take into consideration similar
classifications in the plant previously or presently in
existence.
The COMPANY will temporarily assign an employee at their base
rate, plus bonus until such time as a rate is developed. When
the rate of the classification is agreed upon or resolved as
provided above, the job will be filled in accordance with the
contract.
If the parties cannot agree using the above procedure, the
grievance and arbitration procedure in the contract will be
followed.
7.04 COMPANY AND UNION COMMITTEE
A. A four member training committee shall be established
immediately. The Committee shall be made up of two COMPANY
representatives and two UNION representatives.
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B. The Committee shall meet at least once each quarter to
determine which employees need further training to avoid a lay
off.
C. The first COMPANY and UNION Committee Meeting shall be held no
later than three (3) working days after the acceptance of the
Agreement.
7.05 EMPLOYEE TRAINING
A. The parties agree to favor training of senior employees so
that when reduction in manpower is required, the most senior
will be retained because they have the skills needed to
satisfy customer requirements. It is also, in the interest of
the parties to provide opportunity to the most senior
employees who desire to improve their income when and if
customer requirements mandate an increase in the production
schedule.
In the event the most senior candidate or candidates refuse
selection they must sign a formal waiver form, indicating
such, whereby the COMPANY has no further obligation to again
offer the same job opportunity to the refusing candidates.
It is the intent of both the COMPANY and the UNION to train
employees so as not only to provide a bank of substitutes when
needed but also a bank of critical skills when the production
schedule increases. This section is not intended to allow
other sections of this Agreement to be abused.
B. The COMPANY and the UNION Committee shall continuously review
the seniority list to determine training requirements
necessary due to the ever changing work force. Employees
trained shall be by agreement of the COMPANY and the UNION
Committee. Training shall be completed within six (6) moths
after selection. Training on individual jobs will be
consistent with established learning curves.
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C. An employee has the right to refuse training as offered by the
COMPANY and UNION Committee. When an employee refuses
training, he/she shall be subject to layoff in accordance with
his/her seniority as provided by Section 7.06.
D. Once an employee has started training he/she shall not be laid
off due to the incomplete training, if the completion of that
training would allow him/her to displace a less senior
employee.
E. Cross training will be done as needed as time permits during
slow periods.
7.06 LAY OFFS
A. In the event of a reduction in the work force, employees shall
be laid off by classification. Employees with the least
seniority within a classification shall be laid off first
provided that the remaining employees possess the job
knowledge and skills to perform the work required within the
classification. Senior employees not possessing the required
knowledge of the job function shall be subject to lay off.
B. Employees being laid off shall be notified two (2) working
days prior to the lay off.
C. Employees subject to lay off shall have the following rights:
1. a. Displace any employee with less seniority
provided he/she can do the job without
further training.
b. Elect to take a lay off instead of replacing
a less senior employee. The COMPANY will not
contest the employee filing for unemployment
benefits if he/she exercises the lay off
option.
2. If an employee refuses recall to an open position
they are previously qualified for, or is on layoff
for 12 months or more, they will be terminated by the
COMPANY. If an employee is in town they will be
expected to return within 24 hours of notification.
If going out of town the
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employee must leave a number with the COMPANY prior
to leaving so they can be contacted. Employees out of
the area will be expected to return within 72 hours
of notification.
D. In order to eliminate the shifting of more senior employees, a
new employee shall, for one (1) year, according to hiring
date, be available for transfer, to any classification needed
by changes in the production schedules.
E. The COMPANY will not break the continuity of service of any
employee who has been laid off, due to reasons beyond his/her
control, if the employee returns to work within twelve (12)
calendar months (one (1) year). Employees who are absent for
illness or accident shall notify the COMPANY that day, except
under extenuating circumstances.
F. A maximum of ten (10) recognized Shop Stewards with ten (10)
years of seniority, or more, shall have super seniority for
the purposes of this section. The UNION must periodically and
regularly provide the COMPANY with an up-to-date list of Shop
Stewards. Current stewards at the time of signing this
agreement with less than 10 years seniority will receive super
seniority. Current stewards: Xxxx Xxxxx, Xxxx Xxxxxxxx, Xxx
Xxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxx, and Xxxxx Xxxx.
X. Xxx offs shall be conducted in the presence of a UNION
Representative. It is the responsibility of the UNION
Representative to notify the UNION office as to the results of
the meeting.
7.07 FURLOUGH In order to provide a more reasonable work schedule for senior
employees when hours are shortened due to lack of orders, the plant or
operations manager will have the responsibility of placing on furlough by
classification those junior employees who are not needed to fill the daily
production schedule. The furloughed employees will be placed on surplus labor so
as to make them eligible for unemployment benefits during such furlough period,
if otherwise eligible. It is understood that a furlough may be for any length of
time provided such does not exceed four (4) continuous weeks at any given time,
unless the furlough
30
occurs on the first work day of a given month, in which case the furlough cannot
exceed three (3) consecutive weeks. For record keeping purposes, the business
manager for Local 262, AFL-CIO will be notified of such furlough by letter
signed by the involved plant or operations manager.
In the event variation in customer demands requires employees to return from
furlough earlier than announced, such return shall be by seniority unless the
senior employees are unavailable. In such event, the COMPANY liability shall be
limited to notification to the UNION that such employee either could not be
reached by telephone or was unavailable because of other commitments. Because
State Unemployment rules pay reduced benefits for partial unemployment, the
plant or operations manager will project furlough time in multiples of five (5)
working days. Any furlough can be triggered at any day of the week. For example,
if a holiday falls on Tuesday, the COMPANY will declare the furlough to begin
Wednesday and continue through for a continuous minimum of five (5) working
days.
7.08 REDUCTION OF HOURS
A. In order to retain qualified employees, the parties agree that
a reduction of hours may be more equitable rather than to lay
off employees.
B. When a reduction of hours is necessary, the reduction of hours
shall be within a department as outlined in 5.02. Hours within
the department shall be shared as equally as possible. Senior
employees shall have the first choice of either working or
reducing their hours. Should senior employees not volunteer,
the least senior employees shall be required to reduce their
hours first.
C. When further retrenchment necessitates a general reduction in
hours to a level between thirty (30) and forty (40) hours per
week, adjustment shall be made in such a manner that each and
every employee in his/her respective department receive a just
and equal share of work as long as reduction in work per
employee does not fall below a minimum of thirty (30) hours
per week.
1. The COMPANY retains the right at all times to do
necessary maintenance work regardless of the number
of hours worked.
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D. If work falls below thirty (30) hours per week, the COMPANY
shall reduce the plant work force in accordance with Section
7.06, to maintain thirty (30) hours per week for the remaining
force.
E. In the event that there is an increase in work above the level
of thirty (30) hours per week, the COMPANY agrees to recall
additional employees by classification.
F. The parties agree that the above provisions shall not apply
under the following conditions:
1. A temporary reduction in hours to less than forty
(40) but more than thirty (30) may be made provided
that during the third (3rd) week of reduced hours it
is determined that such reduction is to continue and
steps are taken to adjust the number of hours and
employees. This adjustment is to be effective not
later than Monday of the fourth (4th) week.
2. When there is in effect a reduction in hours per week
and it becomes necessary to increase hours in certain
departments in order to provide prompt service to
customers, the hours may be temporarily increased to,
but no more than, forty (40) hours per week for a
period of not longer than three (3) consecutive
weeks.
3. In the event that the general level of hours worked
shall remain less than forty (40) hours per week for
more than two (2) continuous months the parties
hereto agree to renegotiate at the request of either
party the terms of Section 7.07.
4. It is also understood that where mutually agreed upon
between the COMPANY and the Bargaining Committee,
individuals may be laid off without regard to their
seniority rights or rating.
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G. WORK SHARING PROGRAM
Production employees will be assigned to the following six
groups: Mattress, Box Springs, HMB, Mechanics, and General
(shipping, receiving and janitorial).
Administrators for this program will be the Plant Human
Resources Manager and the UNION Chief Xxxxxxx.
H. In the case of a dispute pertaining to who should work on the
night shift or on the third shift, plant seniority shall be
the deciding factor.
I. Any employee assigned to an inspectors' job shall demonstrate
his/her capability to perform the work satisfactorily.
1. Seniority shall govern in the selection of inspectors
where there is equal ability.
2. Any dispute over who shall be assigned the job shall
be mutually resolved between the UNION Committee and
the COMPANY.
7.09 OPEN POSITIONS When a vacancy occurs or a new position is created, the
position shall be filled in the following order:
A. RECALL FROM LAY OFF
1. The most senior employee who can perform the job
without further training shall be recalled from lay
off and placed in the position. The employee should
retain rights to his/her laid off position for one
year from the day of the lay off. This placement
shall not be considered a job bid.
B. JOB BIDDING
1. In the event that there is not an employee on the
recall list who can perform the job without further
training, the COMPANY shall post the position on the
bulletin board for 48 hours.
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2. The COMPANY will accept a bid by a UNION officer for
someone on vacation or lay off.
3. The COMPANY will review the applications from the
employees who have submitted their names for
consideration and fill the job opening by
transferring the applicants, if any, on the basis of
plant seniority (min. 1 yr.) and ability to perform
the job.
Because of the delays inherent in successive job
openings, the COMPANY may elect to fill, without
posting, job vacancies resulting from the assignment
of an applicant to the job originally posted.
4. Any employee transferred pursuant to the above shall,
if qualified, remain on that job for a period of
twelve (12) months before having the right to bid on
another job vacancy. In the event the job is
discontinued before the successful applicant
completes twelve (12) months on the job, he/she may
bid on another vacancy.
5. Any employee transferred pursuant to the above and
who fails to attain a satisfactory level of progress
on his/her new assignment within the normal limits of
the COMPANY's established experience factors, will be
given the opportunity to qualify for an open job
within the plant.
6. Except for the application of the job bidding
procedure, other applications of seniority, such as
new hirings, lay offs, recalls, and job transfers in
one Job Skill Area will not affect or be affected by
those in another Job Skill Area unless otherwise
provided.
7.10 PERSONNEL ACTION
A. The UNION shall receive written notice of all transfers,
disciplinary actions, new hires, terminations and lay offs.
B. The UNION shall be provided with a seniority list upon
request.
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7.11 CLASSIFICATION PHASE OUT It is further agreed that if any of the
classifications are phased out or closed down permanently, the employees
affected by such permanent closing will have the following options:
1. In the event a classification is permanently phased
out, the employee so affected shall have the right to
replace any employee within the department with less
seniority provided he/she is qualified (without
further training) to perform the job.
2. In the event the affected employee cannot or does not
exercise the above options, such employee shall have
the right to choose an open job or exercise his/her
plant seniority over any employees in the plant with
less plant seniority, provided they may perform the
duties without further training.
ARTICLE VIII
8.01 LEAVE OF ABSENCE
A. Personal leaves of absence shall be granted to employees for a
period of 30 days increments on mutual consent of COMPANY and
UNION each thirty (30) days. Leaves of absences as referred to
in this paragraph shall not exceed a total of 12 months.
Employees shall continue to accrue seniority during the
period, but will only be paid for the first (1st) holiday
following the beginning date of leave.
B. Employees shall be granted leave without deductions from pay
for the purpose of voting on election day, in accordance with
the laws of the State of California.
1. A schedule for this leave shall be drawn up by mutual
Agreement.
C. Any employee who has been on the payroll one (1) year or more
will be entitled to receive three (3) days off with pay in the
case of death in his/her immediate family (husband, wife,
natural mother, father, brother, sister, children,
step-mother, step-father, step-children) upon presentation of
evidence of the above.
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D. The COMPANY will grant emergency leave without pay for the
death of other relatives, or for attendance of a relative's
funeral. The employee must provide proof of attendance upon
returning to work. Otherwise, these days will be considered
unexcused.
8.02 JURY DUTY
A. The COMPANY will make up differential in pay at their
quarterly average for those employees called for jury duty, to
their quarterly average; providing the employee was scheduled
for work on that day.
B. In no event will overtime be paid because of jury duty.
C. In order to qualify for jury duty pay the employee must give
advance notice of reporting to jury duty and bring in to the
COMPANY a signed statement from the Court Clerk showing the
amount of time spent on duty and the pay received.
D. Those reporting for jury duty and who are excused in time to
report for their regular work for a minimum of three (3) hours
shall do so or forfeit any pay for those hours.
ARTICLE IX PAID VACATIONS
9.01 The following vacations shall be granted annually during plant vacation
period for the duration of the Agreement to employees who are on the active
COMPANY payroll (active employees are defined as employees who worked at least
1000 hours in the previous calendar year and who are not currently Terminated,
Retired or on Lay Off status) at the time the vacation is granted:
A. Employees who have between one (1) and three (3) years of
service shall be entitled to one (1) week of vacation.
B. Employees who have more than three (3) years but less than
eight (8) years shall receive two (2) weeks of vacation.
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C. Employees who have more than eight (8) but less than eighteen
(18) years shall receive three (3) weeks of vacation.
D. Employees who have more than eighteen (18) shall receive the
seniority bonus.
E. Employee hired on or before December 01, 1983 shall receive
the seniority bonus after 15 years of service.
F. All active employees with twenty-five (25) years of service or
more, employed as of November 30 of that year, will receive in
December pay for a fifth week of vacation.
9.02 The COMPANY retains the right to determine whether vacations will be
staggered on the basis of preference by seniority consistent with operational
needs during the period January 1 through December 31, or on the basis of plant
shutdown. In the event of plant shutdown, the COMPANY has the right to continue
operating the Shipping Department as well as xxxxxxx those functions needed to
maintain satisfactory customer service.
9.03
A. Plant closing for remaining vacation purposes may be
determined by the COMPANY at any time during the calendar
year.
1. In determining crews during a plant closing the
COMPANY will ask for qualified volunteers.
2. Should there be an inadequate number of volunteers
the COMPANY will select its manpower from the least
senior qualified employees.
3. Those who work during a plant closing may select
vacations on a seniority basis.
9.04
A. Vacation schedules for the coming year will be determined
during the preceding November/December.
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1. Vacations will be staggered throughout the year and
selections for specific time will be by job
classification and seniority within department, as
approved by the COMPANY.
2. Employees eligible for vacation will schedule all of
their earned vacation by seniority, as indicated in
Section 9.01 inclusive. Employees may split their
vacation into one (1) week segments.
3. Employees shall indicate, in writing, on a form
provided by the COMPANY, their preference for
vacation during the month of November. Once
finalized, the COMPANY will post the approved
schedule by December 31.
4. Up to five (5) days of vacation may be held and
scheduled one day at a time with two weeks notice and
approval.
5. Due to production needs, the COMPANY shall be able to
set certain restrictions on the number of employees
allowed off at one time.
9.05 An employee eligible for a seniority bonus may take a fourth week of
vacation in lieu of the seniority bonus during the months of December and/or
January provided that production requirements so permit as determined by the
COMPANY.
9.06
A. Employees terminated for any reason, laid off, or out of work
on a personal leave of absence shall receive prorated vacation
based upon number of days worked divided by 260. Employees,
employed less than one (1) year are not eligible for
pro-ration.
B. Vacation hours of pay will be established on the basis of the
employees' average number of hours worked during the preceding
quarter.
38
1. It is understood and agreed that his/her weekly
average will not be less than forty (40) hours nor
more than forty eight (48) hours times his/her
average straight time hourly earnings rate.
2. Employees shall receive the shift premium in
computing vacation pay.
C. Vacation pay shall be payable on the Friday preceding the
vacation period of the individual.
D. UNION officers and delegates to UNION conventions shall not
suffer any reduction in their average hours worked for
purposes of computing vacation pay.
9.07 Employees will not be required to work the Saturday immediately preceding
their vacation unless they volunteer to do so.
9.08 If the COMPANY forces early vacation selection, the employee will receive
full eligibility even though his/her anniversary date falls later in the year.
9.09 The COMPANY agrees to pay all vacations and holidays at the employee's
previous quarter's average rate, even in the event of temporary transfer.
9.10 In the event the COMPANY closes the plant for two (2) consecutive weeks
of vacation, those employees who are not eligible for two (2) weeks vacation
will be considered for work as part of the skeleton crew. If they do not so
work, the COMPANY will not contest their right to file for unemployment.
ARTICLE X PAID HOLIDAYS
10.01
A. It is mutually agreed that twelve regular holidays with pay
shall be observed annually. All employees working shall
receive pay at their respective published average hourly
earning rate for eight (8) hours for the following holidays
when not worked:
39
New Year's Day President's Day
Good Friday Day After Easter
Memorial Day Independence Day
Labor Day Thanksgiving Day
Day After Thanksgiving Day Day Before Christmas
Christmas Day Day Before New Year's Day
* It is agreed that Veterans can take off Veteran's Day
without pay. The COMPANY must be notified by
September 1, if an employee wants that day off. It is
also agreed that an employee each year who worked on
November 11, (Veteran's Day) has earned holiday pay
for the Day before New Year's Day.
Employees who do not have a published rate will be paid the
base rate. Employees required to work on the above holidays
shall be paid double time in addition to the compensation
provided in this Section. Employees will receive the shift
premium in computing holiday pay if otherwise eligible.
B. When a holiday falls on a Saturday, it shall be celebrated on
either the preceding Friday, or the following Monday, or some
other day as mutually agreed upon by the COMPANY and the
UNION.
C. Any of the above holidays that fall on Sunday shall be
observed on Monday, which shall then be considered a holiday
under the terms of this Agreement. All holidays prescribed in
Article X will be observed in conformance with the Federal
Law.
D. If one or part of the above holidays occurs during a vacation
period, the employee shall be compensated in accordance with
Article X Section 10.01, in addition to his/her regular
vacation pay.
E. It is agreed that if an employee is absent from his/her
regular scheduled work day before and/or following a regular
paid holiday, without the COMPANY's
40
permission, he/she shall not receive pay for that holiday. In
cases of illness or accident, they must provide a doctor's
note. Any doubtful cases are to be settled according to
Article II, of this Agreement. It is further agreed that if an
employee is laid off within the preceding five working days
before a regular paid holiday, he/she shall receive pay for
that holiday. In the event of illness or accident causing the
employee to be away from work thirty (30) days or more, the
employee shall receive pay for those paid holidays which fall
within the initial thirty (30) day period, or if there are no
paid holidays within the thirty (30) day period, the employee
shall receive pay for one (1) paid holiday occurring during
illness or accident lasting more than thirty (30) days.
F. To be eligible for holiday pay employees must have been
employed by the COMPANY thirty (30) days.
G. Except for plant security, continuous shift operations,
emergency or maintenance, the COMPANY will not require
production employees to work on Saturday when the following
Monday is a paid holiday as listed under Section 10.01,
Paragraph A.
ARTICLE XI MILITARY CLAUSE
11.01
A. Any employee drafted for military service and/or any employee
who volunteers for military service shall be reemployed with
full seniority rights in accordance with Federal and State
laws at the time the employee requests reemployment.
B. The employee shall have to fulfill all provisions of the law
regarding his/her right to qualify under Federal and State
laws.
41
ARTICLE XII INSURANCE PROGRAM
12.01
A. The COMPANY agrees to the continuance of the insurance program
for the benefit of its employees covered by this Agreement,
such insurance to include group life insurance, group
accidental death and dismemberment, medical reimbursement
benefit, surgical benefit, hospitalization benefits, and
dental care.
1. Such insurance will be purchased through and
administered by the United Furniture Workers
Insurance Fund as established by an Agreement and
Declaration of Trust in the State of New York and
dated May 28, 1944.
2. The COMPANY will remit to the Insurance Fund a sum
equal to 15% of the gross earnings excluding Zero
Waste Bonus effective the first and second years of
this contract (4/1/02 - 4/1/04), for all employees
covered by this Agreement for the purpose of paying
premiums on said insurance. The Employee contribution
shall be $55.85 per month for the first year (4/1/02
- 4/1/03), and $83.20 per month for the second year
(4/1/03 - 4/1/04) of the Agreement. These
contributions reflect ten percent (10%) of the total
premium for the first year and fourteen percent (14%)
of the total premium for the second year.
The COMPANY will contribute the equivalent of ninety
percent (90%) of the monthly premium cost the first
year of the Agreement and eighty-six percent (86%) of
the monthly premium cost the second year of the
Agreement. In no event will the COMPANY contribution
exceed fifteen percent (15%) of gross earnings
excluding the Zero Waste Bonus. Should premiums be
decreased during the life of this Agreement, the
parties will share in such decrease so that the cost
sharing formulas remain ninety percent (90%) COMPANY
/ ten percent (10%) employee the first year of the
Agreement, and eighty-six percent (86%) COMPANY /
fourteen percent (14%) employee the second year of
the Agreement. Employee's
42
contribution will be pre-tax in accordance with
Section 125 of the United States Internal Revenue
Code.
B. It is further agreed that premium payments by the COMPANY for
its employees shall be made for the purpose and administration
of insurance for XXXXXXX employees who are members of
U.F.W.A., Local 262, and in the event that the contributions
are not used for the benefit of said employees, the COMPANY
shall withhold any further payments into the designated
insurance fund and shall immediately negotiate with the
accredited representatives of Local 262 as to the disposition
of contributions of the EMPLOYER and the continuance of
insurance coverage. Any insurance plan effected shall conform
to all applicable State and Federal laws.
C. If an employee is off work for an industrial injury for a
period in excess of one (1) month and no contribution is owed
because of a lack of earned hours, the COMPANY will
nevertheless make one (1) monthly contribution in his/her
behalf based on his/her last working month's earnings.
D. If an employee is out on layoff over thirty one (31) days, the
COMPANY will make one (1) payment to the U.F.W.A. Insurance
Program on his/her behalf based on the employee's previous
month's earnings.
E. Employees may purchase life insurance at the rate of
sixty-five (.65) per thousand ($1,000) up to a maximum of five
thousand ($5,000) for this contract period (4/1/02 to 4/1/04).
ARTICLE XIII PENSION
13.01
A. Effective April 1, 2002 the COMPANY shall contribute to the
United Furniture Workers Pension Plan A, six percent (6%) of
the gross earnings excluding the Zero Waste Bonus of employees
covered by this Agreement for this contract period (4/1/02 to
4/1/04) for the purpose of pension benefits. The parties
agree,
43
however, that the coverage of a newly employed employee should
not begin until the first day of the first calendar month
following the expiration of twelve (12) months from the
commencement of this employment. In calculating the
contribution due for the first twelve (12) months of coverage,
his/her total gross earnings for the entire preceding twelve
(12) months shall be considered. Thereafter, the employer will
make contributions each calendar month.
ARTICLE XIV MANAGEMENT RIGHTS CLAUSE
14.01
A. The UNION agrees that the MANAGEMENT of the COMPANY and the
direction of the work force shall be in the sole discretion
and is the sole responsibility of the COMPANY. It further
agrees that all rights, powers, authority, privileges and
prerogatives not expressly abridged or modified by the
Agreement including, but not limited to, those exercised
unilaterally by the COMPANY in the past, are reserved to
COMPANY to exercise unilaterally in its sole discretion
without regard to any effect upon the working force; however,
such rights shall not be exercised arbitrarily or
capriciously.
B. Prominent among management's rights but by no means wholly
inclusive are the right to decide: the number, location and
relocation of its plants, departments, divisions, or
subdivisions; the closing down of a plant, department,
division, or subdivision; the right to rearrange, exchange,
combine, transfer, assign, or cease any job or service and the
movement and interchange of work as a result of such decision;
the services to be rendered, the work to be contracted out or
purchased; the required machinery and equipment; the methods,
reasonable schedules, and quantities of service; and the
amount of supervision necessary.
C. It is further recognized that the management of the Company
has the sole responsibility for the selection and direction of
the working force, including the right to: hire; lay off;
assign; reassign; transfer; for proper cause discipline,
suspend, and discharge; combine and eliminate positions;
determine the
44
appropriate jobs and the number of employees within a given
job and pay level; set shift schedules; set reasonable
standards for quantity and quality of work; and make and
enforce, after advance notice to the UNION and employees, such
reasonable rules and regulations as COMPANY may from time to
time deem appropriate to maintain order, safety, or effective
operation of its facilities.
D. Management of COMPANY shall also have the sole right to:
determine its suppliers and customers and the prices and terms
upon which its materials, equipment, and supplies will be
purchased and its products and services will be sold;
determine selection, retention, or substitution of any vending
service; establish and administer disability criteria
consistent with the Americans with Disabilities Act of 1990;
and determine need for and administration of physical
examinations, mental tests, or other tests for the safety of
employees and security of the premises or property of the
COMPANY consistent with the Americans with Disabilities Act of
1990.
E. It is agreed that management maintains and retains all of its
above enumerated managerial rights and that they are vested
solely and exclusively in the COMPANY unless expressly and
specifically contracted away in this Agreement and further
that no enumeration of management rights shall not be deemed
to exclude any other managerial rights. It is understood
COMPANY shall not exercise any rights arbitrarily or
capriciously.
F. This clause is not intended to take away any rights guaranteed
in this collective bargaining Agreement.
45
ARTICLE XV NO STRIKE - - NO LOCKOUT
----------
15.01 Neither the UNION nor any of the employees in the bargaining unit covered
by this Agreement will collectively, concertedly or individually encourage,
engage in or participate in, directly or indirectly, any strike, deliberate
slowdown, stoppage or other interference with production of work during the term
of this Agreement; and the COMPANY during the term of this Agreement will not
lockout any of the employees covered by this Agreement.
A. In the event that there be such an occurrence or occurrences
as described in Article XV, Section 15.01, then either the
UNION or the COMPANY may invoke the Expedited Grievance
Procedure provided in this section as distinguished from the
ordinary Grievance -- Arbitration Procedure.
1. This procedure may also be invoked by either party in
the event an employee is discharged, suspended,
disqualified from a job, disciplined for failure to
meet production standards, or in the event there is a
seniority dispute.
a. Such dispute or grievance shall be asserted
by notice in writing by registered mail,
return receipt requested, or Federal
Express, given to the other party.
b. A copy of such notice shall be sent
simultaneously to the person designated as
the permanent Arbitrator, or such other
person designated as Arbitrator, as
hereinbefore set forth.
B. The COMPANY and the UNION shall attempt to have drawn up and
ready for selection a list of mutually acceptable Arbitrators
who may be contacted directly for the Expedited Arbitration.
46
1. Should this not have been done, or should no
Arbitrator on the list be available, and should the
parties within twenty-four (24) hours be unable to
agree upon an Arbitrator, they shall immediately
contact the local office of the American Arbitration
Association to request the first available Arbitrator
who can hear the case within forty-eight (48) hours.
C. In the event of death, disability, or subsequent
unavailability of the selected or designated Arbitrator within
the time limits prescribed in this provision, the parties
shall select another Arbitrator within twenty-four (24) hours,
and failing such mutual selection, either party may request
that the American Arbitration Association make a designation
of an available Arbitrator within forty-eight (48) hours of
the request.
D. The Arbitrator shall hold an arbitration hearing as
expeditiously as possible but in no event later than
twenty-four (24) hours after receipt of said notice.
1. The decision of the Arbitrator shall issue forthwith
and in no event later than three (3) hours after the
conclusion of the hearing unless the grieving party
agrees to waive this time limitation with respect to
all or part of the relief requested.
2. The Arbitrator's WRITTEN opinion will follow within
thirty (30) days.
E. In those situations involving discipline of employees for
other than violation of the No Strike Clause, it is understood
that the Arbitrator will hold an arbitration hearing within
five (5) working days after receipt of said notice.
1. The decision of the Arbitrator shall issue forthwith
and in no event later than forty-eight (48) hours
after the conclusion of the hearing.
2. The Arbitrator's WRITTEN opinion will follow within
thirty (30) days.
F. The arbitration proceedings pursuant heretofore shall be held
in Alameda County, California, but not on the COMPANY's
premises.
47
G. All costs for the hearing and service of the Arbitrator
designated herein, or for any other person selected pursuant
to the aforementioned procedure shall be borne by the parties
jointly.
H. Each party will bear the expense of its representatives and
for the presentation of its own case.
ARTICLE XVI BULLETIN BOARDS
16.01 The COMPANY grants the UNION the right to place bulletin boards in
agreed upon places in the plant for the purpose of posting UNION notices, copies
of this Agreement, and other official papers. The UNION must obtain COMPANY
approval prior to posting anything on the bulletin boards. The request will be
granted unless the material is derogatory or defamatory. All such matters must
be posted only upon the authority of officially designated representatives of
the UNION.
ARTICLE XVII SAFETY AND SANITATION
17.01
A. The COMPANY shall continue to make reasonable provisions for
the safety and health of its employees at the plant during the
hours of their employment.
B. Protective devices and other equipment necessary to protect
its employees properly from injury shall be provided by the
COMPANY.
1. Employees shall cooperate with MANAGEMENT in the
proper maintenance and use of these provisions and
devices.
C. The COMPANY will maintain safety and sanitation at acceptable
health and safety standards in compliance with State and Local
requirements.
D. The COMPANY will carry out disciplinary action in accordance
with the Collective Bargaining Agreement, all Federal and
State OSHA Guidelines, State of California (SB 198)
Guidelines, and Company Safety Rules and Policies.
48
The Employee's safety record, type and nature of violations,
plus endangerment of self and others will be major factors in
the determination of the corrective action to be taken.
ARTICLE XVIII LEGAL CONFORMITY
18.01
A. It is the intention and desire of both the COMPANY and the
UNION to conform to all laws of the State and Federal
government and orders issued by the President of the United
States.
B. It is intended that such laws or regulations which now exist
or may later be enacted or issued shall supersede the
requirements of this Agreement while they are in effect, and
upon expiration of such laws and regulations, provisions of
the Agreement which have been modified shall come into full
force and effect.
18.02 It is agreed by the parties that in the employment practices of the
COMPANY and in the membership and practices of the UNION, there shall be no
discrimination against any person on account of race, creed, color, sex,
handicap or national origin.
ARTICLE XIX MISCELLANEOUS
19.01 SICK DAYS:
A. 1. Effective January 1, 1998 employees shall be eligible
for one (1) day of pay at $80.00 per day, for lost
time, per calendar quarters. Employees cannot receive
payment before the quarter begins.
2. Any days earned but unused shall be paid to the
employee on the last pay period of December of each
year.
B. The COMPANY will sponsor and finance an annual picnic for all
employees and families.
49
C. The COMPANY and the UNION shall establish a Labor/Management
committee of no more than four (4) members each to deal with
common issues, ranging from attitudes to productivity
improvements. Training will be provided by the Federal
Mediation & Conciliation Service and meetings will be held at
least monthly. Participation will be on a voluntary basis and
either party may withdraw from this process with 30 day
notification to the other side.
ARTICLE XX TERMINATION, MODIFICATION AND RENEWAL
20.01
A. This Agreement shall remain in full force and effect until
April 1, 2004, and thereafter annually; provided, however,
that either party may terminate this Agreement or give notice
of a desire to modify any portion thereof on the date of
expiration, or at the end of any subsequent yearly period, by
notifying the other party in writing to that effect no less
than sixty (60) days prior to the date of expiration, or at
the end of any subsequent yearly period.
B. Negotiations upon a new or modified Agreement shall commence
not later than twenty (20) days next following the receipt of
said written notice of termination or modification.
1. Not later than five (5) days after sending such
notice the sending party shall present in writing to
the other party the proposed new Agreement of
modification.
2. Ten (10) days after receipt of said proposals the
recipient party shall present in writing to the other
party its counter or other proposal.
3. Neither party shall be prevented from presenting any
other proposals during negotiations.
C. During negotiations this Agreement shall remain in full force
and effect.
50
1. The provisions of the new or modified Agreement shall
be retroactive to the expiration date of the then
current Agreement.
2. Either party may terminate said negotiations and
Agreement by giving notice in writing to the other
party not later than fifteen (15) days before the
effective date of said desired termination.
20.02 In the event XXXXXXX COMPANY closes the plant and the COMPANY cannot
recognize the U.F.W.A., Local #262 as the bargaining agent in the new location,
the COMPANY will be willing to sit with the UNION to negotiate severance
compensation.
51
SIGNED THIS _______ DAY OF ____________________, 19_______________.
FOR XXXXXXX COMPANY, FOR THE UNITED FURNITURE
WORKERS OF AMERICA,
LOCAL 262, AFL-CIO
_____________________________ ___________________________________
Xxxxxx Xxxxxx Xxxxxx Xxxxxxx
Senior Vice President, Human Resources Secretary / Treasurer
IWE CWA Local #262
_____________________________ ___________________________________
Xxxx Xxxxx
Chief Xxxxxxx
_____________________________ ___________________________________
Xxxx Xxxxxxxx
Assistant Chief Xxxxxxx
_____________________________ ___________________________________
Xxx Xxxxxxx
Xxxxxxx
_____________________________ ___________________________________
Xxxxx Xxxxxx
Xxxxxxx
___________________________________
Xxxxxx Xxxxx
Xxxxxxx
___________________________________
Xxxxx Xxxx
Xxxxxxx
52
APPENDIX A
----------
This agreement is entered into between Xxxxxxx Company and the U.F.W.A. Local
262. This agreement continues the position of Production Coordinator. In regards
to the positions of Production Coordinator, the parties agree to the following:
1. The responsibilities of the position shall consist of, but not
be limited to, the following items:
1. assigning work
2. organizing of the specific area
3. training of employees
4. completing necessary paper and reporting
work
5. Other functions as required.
2. The Production Coordinator shall not:
1. hire
2. fire
3. implement discipline
4. schedule employees.
3. Employees assigned the position of production coordinator
shall be compensated at the present pay plus negotiated
increase.
4. This position of production coordinator and method payment may
be implemented when an employee provides vacation relief for a
supervisor.
5. Selection of production coordinator shall be at the discretion
of management, subject to review by the cross-training
committee.
6. This agreement will become a part of the contract.
A-1
APPENDIX A
----------
7. This agreement in no way negates our right to change, delete
or add classifications as outlined in Section 5.02.
_____________________________________ _______________________________________
Xxxxxxx Company Date U.F.W.A. Date
_____________________________________ _______________________________________
Xxxxxxx Company Date U.F.W.A. Date
A-2
APPENDIX B
----------
LETTER OF AGREEMENT
-------------------
This letter of agreement is entered into between the U.F.W.A. Local 262 and the
Xxxxxxx Company. This agreement effects the implementation of Article VI,
Standard Allowed Hours (S.A.H.) setting formula, Section 6.03.
The parties agree to the following procedure for disqualifying employees from
their position:
1. All employees productivity shall be reviewed on a weekly
basis.
2. Employees who fail to make 115% of the established base rate
shall be given the following corrective measures:
A. First Offense -- Verbal Warning
B. Second Offense -- Written Warning
C. Third Offense -- Final Warning
D. Fourth Offense -- Disqualification from
their current position.
3. The progression steps for disqualification will be limited to
two warnings at Steps A through C. It is understood that
employee cannot go back to the earlier warning level after
receiving the second warning at the present level.
4. Employees who are disqualified from their position shall be
granted their rights as contained in Article 6.03.
This agreement is entered into and becomes effective on the 1998 contract date.
_____________________________________ ______________________________________
Xxxxxxx Company Date U.F.W.A. Date
_____________________________________ ______________________________________
Xxxxxxx Company Date U.F.W.A. Date
B-1
APPENDIX C
----------
[to be inserted]
C-1
APPENDIX D
----------
03/27/02
In the event the COMPANY determines that there is going to be a change or
alteration in the Pay Plus system of pay for employees, the contract shall be
reopened solely for the purpose of bargaining with respect to said pay plan.
During such reopener, all other provisions of the contract remain in full force
and effect until the expiration date set forth in the contract. The COMPANY will
notify the UNION thirty (30) days prior to the reopener.
_____________________________________ ______________________________________
Xxxxxxx Company Date U.F.W.A. Date
_____________________________________ ______________________________________
Xxxxxxx Company Date U.F.W.A. Date
D-1
