AGREEMENT BETWEEN
THE BETHLEHEM CORPORATION
AND
THE BETHLEHEM CORPORATION EMPLOYEES ASSOCIATION
EFFECTIVE DATES:
AUGUST 1, 1998 TO JULY 31, 2001
TABLE OF CONTENTS
-----------------
ARTICLE PAGE
------- ----
I Intent and Purpose 3
II Recognition, Association Membership and Check-off 3
III Management 4
IV Wages 6
V Hours of Work 7
VI Travel Time and Expenses 10
VII Holidays 12
VIII Paid Vacations 14
IX Seniority 17
X Promotion Outside Bargaining Unit 22
XI Adjustments and Grievances 23
XII Suspension and Discharge 25
XIII Safety and Health 26
XIV Funeral Leave 27
XV Miscellaneous 28
XVI Insurance and Pensions 28
2
XVII Association Responsibility 32
XVIII Saving Clause 32
XIX Termination Date 32
XX Supplemental Agreement 34
THIS AGREEMENT executed and effective as of August 1, 1998, by
THE BETHLEHEM CORPORATION, its successors or assigns, hereinafter referred to as
the CORPORATION, and THE BETHLEHEM CORPORATION EMPLOYEE ASSOCIATION, hereinafter
referred to as the ASSOCIATION, as the agent for and acting on behalf of the
Corporation's "employees" as the term is defined in Article I hereof, witnesseth
that the parties have agreed as follows:
ARTICLE I
INTENT AND PURPOSE
SECTION A. It is the intent and purpose of the parties hereto
to promote and improve industrial and economic relationships and to set forth
herein the basic agreement covering rates of pay, hours of work and conditions
of employment to be observed between the parties hereto. It is understood and
agreed that the term "employees" for the purpose of this Agreement shall include
the full time and regular part-time production and maintenance employees of The
Bethlehem Corporation fabrication and machining operations at its Easton,
Pennsylvania facility, including truck drivers, store clerks, shipping and
receiving clerks and inspectors; but excluding dispatchers, timekeepers, office
clerical employees, guards and supervisors as defined in the Act.
SECTION B. It is the continuing policy of the Corporation and
the Association that the provisions of this Agreement shall be applied to all
employees in accordance with its terms without regard to race, sex, color,
religious creed or national origin.
ARTICLE II
RECOGNITION ASSOCIATION MEMBERSHIP AND CHECK-OFF
SECTION A. RECOGNITION. The Corporation recognizes the
Association as the sole collective bargaining agency for all of its employees as
defined in Article I of
3
this Agreement at the Corporation's Easton plant. During work hours, the
Association will not conduct any business which is not specifically identified
with the joint administration of the Labor Agreement.
SECTION B. ASSOCIATION MEMBERSHIP. Each employee who on August
1,1998 is a member of the Association in good standing and each employee who
becomes a member after that date shall, as a condition of employment, maintain
the employee's membership in the Association for the duration of this Agreement.
All applicants for employment who are hired and qualify as "employees" under
Article I, Section A, shall become a member of the Association not later than
thirty working days following the beginning of the employee's employment. The
foregoing provisions shall be effective in accordance and consistent with the
applicable provisions of federal and state law.
(a) At the time of an employee's employment the Corporation
will suggest that each new employee voluntarily execute an authorization for the
check-off of Association dues in the form agreed upon. A copy of such
authorization card for the check-off of Association dues shall be forwarded to
the Treasurer of the Association.
(b) For the purpose of this Section, employees shall not be
deemed to have lost their membership in the Association in good standing until
the Treasurer of the Association shall have determined that the membership of
such employee in the Association is not in good standing as provided for in this
Article, and shall have given the Corporation notice in writing of that fact.
ARTICLE III
MANAGEMENT
SECTION A. The management of the shops and the direction of
the working forces, including the right to hire, suspend, or discharge for
proper cause, or to transfer, classify, assign work to employees, the right to
relieve employees from duty because of lack of work, to maintain order and
efficiency in its plants and operations, to control the use of all equipment and
other property of the Corporation, to determine manufacturing methods, processes
and products, and to contract out work presently being performed by employees,
shall vest exclusively in the Corporation. The Corporation shall meet and
discuss any proposed rules and regulations with the committee of the Association
in advance of adoption. The rules and regulations shall not be inconsistent or
in conflict with the provisions of this agreement.
SECTION B. The Corporation shall have the right to establish,
maintain and enforce reasonable rules and regulations to insure orderly plant
operations, it being understood and agreed that such rules and regulations shall
not be inconsistent or in conflict with the provisions of this Agreement. The
Corporation shall furnish the
4
Association with a copy of all such rules and regulations as well as all changes
therein. The Corporation shall meet and discuss any proposed rules and
regulations with the Committee of the Association in advance of adoption.
Discipline shall be administered without discrimination to all employees subject
to discipline.
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ARTICLE IV
WAGES
SECTION A. The basic hourly rates for the term of this
Agreement shall be as follows:
Hourly Rate Hourly Rate Hourly Rate
Saturday Sunday Tuesday
LABOR GRADE AUGUST 1, 1998 AUGUST 1, 1999 AUGUST 1, 2000
----------- -------------- -------------- --------------
1 $ 9.97 $ 10.27 $ 10.57
2 10.18 10.48 10.78
3 10.71 11.01 11.31
4 11.41 11.71 12.01
5 11.88 12.18 12.48
6 12.41 12.71 13.01
7 13.19 13.49 13.79
8 13.67 13.97 14.27
9 14.64 14.94 15.24
10 15.27 15.57 15.87
11 15.55 15.85 16.15
12 15.83 16.13 16.43
SECTION B. In the event an individual employee's regular wage
rate is changed, the Chief Shop Xxxxxxx and the Recording Secretary must be
notified in writing by the Corporation of such change.
SECTION C. SHIFT DIFFERENTIAL. The shift differential for the
second shift is thirty-five Cents ($.35) per hour and Forty Cents ($.40) per
hour for the third shift.
(a) Any employee regularly scheduled to commence work between
12:00 noon and 9:59 p.m. shall be considered an employee of the second shift.
Any employee regularly scheduled to commence work between 10:00 p.m. and 4:49
a.m. shall be considered an employee of the third shift.
(b) In computing overtime on a daily and weekly basis, the
wage allowances described hereinabove, respectively, shall be used in addition
to the regular hourly basic rate, and such wage allowances shall also be used in
computing the vacation pay of employees.
SECTION D. ALLOWANCE FOR JURY SERVICE. An employee who is
called for jury service shall be excused from work for the days on which he or
she serves, and the employee shall receive, for each such day of jury service on
which the employee otherwise would have worked, the difference between eight (8)
times the employee's
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regular straight-time hourly day-rate (as computed for holiday allowance) and
the payment the employee receives for jury service. The employee will present
proof of service and the amount of pay received therefor.
ARTICLE V
HOURS OF WORK
SECTION A. (a) A normal work day shall consist of eight (8) consecutive hours,
exclusive of lunch period, within a calendar day or twenty-four (24) hour
period. The normal hours of work are:
MANUFACTURING SHOPS LUNCH BREAK COFFEE BREAK
7:00 a.m. - 3:30 p.m. 12:00 - 12:30 p.m. 9:00 - 9:10 a.m.
(30 min. unpaid)
3:30 p.m. - 11:30 p.m. 8:30 - 8:40 p.m. 5:30 - 5:40 p.m.
(10 min. paid)
11:30 p.m. - 7:00 a.m. 3:30 - 3:40 a.m. 2:00 - 2:10 a.m.
(10 min. paid)
(8 hrs. Monday through Friday)
Normal hours of work can be changed by mutual agreement
between the Corporation and the Association. The Corporation reserves the right
to increase the hours on any shift and adjust the starting times of the shifts
to meet production needs. The Association must be notified of these changes.
(b) A normal work week shall consist of five (5) consecutive
work days beginning on Monday and ending on Friday.
(c) The foregoing provisions of this Section A shall not be
construed as guaranteeing to any employee any number of hours of work per day or
per week.
SECTION B. There shall be a recognized and controlled ten (10)
minute coffee break on each shift. The shop whistle will signal the start and
stop of the break period. No other coffee break other than this ten (10) minute
period will be permitted.
SECTION C. The last ten (10) minutes of each shift shall be
designated as wash-up time, and during this period each employee is to
straighten up his or her work area, put tools away and wash up. Additional time
will be granted to those employees,
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only by the direction of their immediate supervisor, where it is necessary for
them to take care of cleaning up work areas and equipment and returning large
quantities of tools either to the tool room or their tool boxes. This additional
time will be completely at the discretion and direction of the employee's
immediate supervisor.
SECTION D. (a) Time and one-half shall be paid for all time
worked by an employee:
(i) in excess of eight (8) hours in any one day,
exclusive of lunch period, commencing when the employee
starts to work.
(ii) in excess of forty (40) hours within any one week.
(iii) for all work performed on shifts starting on
Saturday including the third shift which begins at 11:30
p.m. Friday.
(iv) during scheduled lunch periods. Unscheduled lunch
periods taken by employees who have performed work
during scheduled lunch periods, shall not be paid for by
the Corporation, unless mutually agreed upon.
(b) Double time shall be paid for all time worked by an employee:
(i) on shifts starting on Sunday including the third
shift which begins at 11:30 p.m. Saturday night, but
excluding the third shift which begins at 11:30 p.m.
Sunday night.
(ii) in excess of twelve (12) consecutive hours in any
one day provided the employee is not already on double
time. For the purposes of this subsection (ii), an
employee will be considered as having worked in excess
of twelve (12) consecutive hours even though he or she
has taken a break of two (2) hours or less with the
approval of the employee's xxxxxxx.
SECTION E. REPORTING PAY. (a) In the event an employee is not
notified not to report for work and does report for work and upon reporting
finds there is no work to be performed, he or she shall receive four (4) hours
pay at the employee's regular hourly rate, except where the employee was absent
from work on the previously scheduled working day, unless on that previously
scheduled working day the employee notified the Corporation that he or she would
be available for work on the next scheduled work day. In the event an employee
reports for work and actually begins work and works less than four (4) hours
because of lack of work, he or she shall receive four (4) hours pay at the
employee's regular hourly rate, except in cases of emergency, fire, flood,
strikes, acts of God or other similar causes beyond the control of the
Corporation. This exception applies to this entire paragraph. Such employees,
however, have the option to perform such work as they may be reasonably expected
to perform
8
when offered to them by the Corporation, or they may conclude their shift and be
paid for actual hours worked only.
(b) An employee who is scheduled to work for a specified
number of hours on either a Saturday or Sunday shall be entitled to work for the
number of hours so scheduled. The Corporation reserves the right to assign other
work which the employee is capable of performing in order to provide sufficient
work for the scheduled hours. The employee has the option of performing these
work duties to which assigned or concluding the employee's shift and being paid
for actual hours worked only.
SECTION F. CALL-IN PAY. In cases of emergency, when an
employee has left the plant and is called back to work at times other than the
employee's scheduled shift, he or she shall receive the greater amount of either
four (4) hours at the employee's regular straight time rate, or time and
one-half for hours actually worked. In the event the call-out runs into the
employee's scheduled shift, he or she shall receive the applicable overtime rate
from the time employee begins work until the beginning of employee's scheduled
shift.
SECTION G. (a) Overtime work shall be divided as equally as
practicable among the employees in their respective departments who perform
similar work.
A record of all such weekly overtime worked by the employees
will be kept by the Corporation and shall be available for inspection by the
shop employees. An audit of overtime records may be conducted each quarter by
the Grievance Committee.
An employee who is requested to work overtime in accordance
with the "notice-in-advance" provision outlined in paragraph (b), and who
refuses to work, will be charged with the scheduled amount of overtime worked by
the employee accepting the overtime assignment. An employee requested to work
overtime but not provided with "notice-in-advance", and who refuses to work will
not be charged with any overtime for that particular day.
Overtime worked out of an employee's regular classification
shall be charged against the employee's regular classification.
Employees working on jobs during regular hours shall have
preference for overtime occurring during the normal work day on the same jobs.
(b) The parties recognize that the needs of the operation of
the business and plant of the Corporation from time to time require work in
excess of the scheduled hours; therefore, the parties agree to cooperate in such
instances giving due recognition to the needs of the Corporation, and the
employees agree to perform such overtime work unless the employees so requested
to work overtime would be inconvenienced. The Corporation will, whenever
practicable give employees asked to work beyond the end of their scheduled
hours, two (2) hours' notice in advance of the
9
end of their scheduled hours. An employee not regularly scheduled for Saturday
work will, whenever practicable, when asked to work Saturday, be notified before
the end of the employee's scheduled hours on the preceding Thursday. An employee
not regularly scheduled for Sunday or holiday work will, whenever practicable,
be notified forty-eight (48) hours in advance of any Sunday or holiday to be
worked.
(c) Overtime payments shall not be duplicated, and the
employee shall not be paid twice for the same hours worked.
SECTION H. When an employee has worked in excess of ten (10)
hours on any shift, the Corporation will provide the employee with food at a
cost not in excess of Five Dollars ($5.00) together with any tax imposed thereon
provided the employee has not been given a reasonable opportunity to arrange in
advance for the food. In the event the Corporation does not provide food for the
employee, the Corporation will pay the employee Five Dollars ($5.00).
SECTION I. To insure orderly operation of the plant, the
Association recognizes the responsibility of all employees to report regularly
for work unless prevented by illness or other justifiable reasons. Employees who
are expected to report for work on Saturday and/or Sunday shall also be required
to report off.
Employees are required to notify the shop in which they work
by telephone of their absence and the reason therefor on the first day thereof,
except in case of an emergency when this is not possible. All such notifications
must be made prior to the start of the shift in which the employee is scheduled
to work. Employees should call in to Telephone Number (000) 000-0000.
SECTION J. Any employee who is scheduled to or actually works
twelve (12) hours or more in any day shall receive a thirty (30) minute paid
lunch period.
SECTION K. Pay days will be on alternate Thursdays. Such days
may be changed by the Corporation for reasons beyond its control including, but
not limited to, machine breakdown or one or more holidays occurring during the
week. Pay checks will be distributed no later than 2:30PM on pay days.
ARTICLE VI
TRAVEL TIME AND EXPENSES
SECTION A. Travel on Corporation assignments shall be
compensated for actual time spent on such travel at the employees' regular
straight time rate of pay. Such compensation shall be paid for the hours an
employee is traveling during the period when the employee is normally scheduled
to work. The time and method of travel shall be subject to instructions by the
Corporation.
10
SECTION B. When an employee is required to be away from home
overnight on Corporation assignments, he or she shall be compensated for all
hours worked and travel time subject to the provisions of Section A of this
Article VI. In no event shall such employee receive less pay than if that
employee had worked at the Corporation's plant where he or she is regularly
assigned. Beginning on the third consecutive day that an employee has been away
from the plant the employee shall receive an additional Ten Per Cent (10%) of
his or her regular straight time rate for all hours worked and travel time until
the employee returns to the plant. If an employee is away from the plant on a
Saturday or a Sunday and does not either work or travel on such days, he or she
shall receive eight (8) hours pay at the employee's regular straight time rate
of pay.
SECTION C. The Corporation shall reimburse all pre-approved
living expenses incurred by the employee while away from the plant to which the
employee is regularly assigned, provided that no such reimbursement shall be
made for any particular day unless the employee is required to use a hotel or a
motel because the distance between the employee's work at the end of the day and
the employee's home prohibits the employee's return.
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ARTICLE VII
HOLIDAYS
SECTION A. The following shall be recognized as paid holidays:
1. New Year's Day
2. Good Friday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving Day
7. The day after Thanksgiving
8. December 24th
9. Christmas
10. December 31st
11. One (1) Floating Holiday each Contract Year'
The one (1) additional floating holiday each contract year
shall be chosen by each employee upon at least twenty-four (24) hours advance
notice to the Corporation. It is further agreed that the scheduling of the
holiday is subject to the operating requirements of the Corporation.
SECTION B. When a paid holiday falls on a Sunday, then the
following Monday shall be recognized as the legal paid holiday unless the State
or Nation proclaims another date, in which event that date shall be observed.
When a paid holiday falls on a Saturday, then the previous Friday shall be
recognized as the legal holiday, unless the State or Nation proclaims another
date, in which event that date shall be observed.
SECTION C. PAID HOLIDAYS. (a) Each employee who qualified as
provided in (c) who does not work on the holiday, will be paid eight (8) hours
at the employee's straight time hourly rate for each of the holidays enumerated
in Section A hereof, unless the employee has voluntarily quit or has been
discharged prior to observance of such holiday.
(b) Each employee who qualified as hereinafter provided in (c)
who performs work on a shift starting on any holiday enumerated in Section A,
will be paid double time for work performed on the holiday shift, and in
addition will be paid eight (8) hours' holiday pay at his regular straight time
rate.
(c) In order for an employee to qualify for the holiday pay:
(i) New employees must have no less than seventy (70)
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calendar days seniority to his or her credit as of the
date of the occurrence of the holiday.
(ii) The employee must be actively employed and not in a
state of lay-off, leave of absence, or other condition
which makes his or her service unavailable (except for
compensable injury under Pennsylvania Workmen's
Compensation Law or sickness and accident) to the
Corporation.
(iii) The employee must have worked or have an approved
absence in the pay period in which the holiday is
observed, except those employees who have been recalled
from lay-off after having been laid off more than
twenty-eight (28) days unless recalled to work prior to
the day on which the holiday is observed.
(iv) An employee who has been laid off because of lack
of work shall be eligible for holiday pay provided the
employee worked within twenty-eight (28) days prior to
the date on which the holiday occurred.
(v) Employees who are scheduled to work on a holiday and
who have been notified of such scheduling in accordance
with Article V, Section G, and who agree to work on a
holiday, but who fail to work as scheduled and agreed,
shall not receive holiday pay for said holiday. However,
failure to work as agreed because of an unforeseen
situation beyond the control of the employee, will not
result in loss of holiday pay.
(vi) The Corporation and the Association must mutually
agree to change the date on which a holiday is to be
observed.
(d) A holiday for which the employee receives pay will be
considered as a day worked when computing vacation and pension benefits only.
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ARTICLE VIII
PAID VACATIONS
SECTION A. The Corporation agrees that during each vacation
year June 1 to May 31 of this Agreement such employees as qualify in accordance
with the following requirements shall receive a vacation of either one (1), two
(2), three (3), four (4), or five (5) weeks depending upon length of continuous
service completed prior to June 1st of each calendar year. A week's vacation
shall consist of seven (7) consecutive days.
SECTION B. Effective with the June 1, 1994 vacation period,
all currently active employees as of July 23, 1994 had the option of being
grandfathered into the existing Vacation Schedule which is designated "Schedule
A". All employees hired after July 23, 1994 will be governed by "Schedule B" for
vacation purposes.
SCHEDULE A"
Years of Continuous Service Vacation Time
On Or Before 5/31/94 Off With Pay
-------------------- ------------
Less than 6 months 0
6 mos. but less than 1 yr 3 days
1 yr. but less than 2 yrs 1 week
2 yrs. but less than 3 yrs 1 week & 1 day
3 yrs. but less than 4 yrs 1 week & 2 days
4 yrs. but less than 5 yrs 1 week & 3 days
5 yrs. but less than 6 yrs 2 weeks
6 yrs. but less than 7 yrs 2 weeks & 1 day
7 yrs. but less than 8 yrs 2 weeks & 2 days
8 yrs. but less than 9 yrs 2 weeks & 3 days
9 yrs. but less than 10 yrs 2 weeks & 4 days
10 yrs. but less than 15 yrs 3 weeks
15 yrs. but less than 25 yrs 4 weeks
25 yrs. and over 5 weeks
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"SCHEDULE B"
Years of Continuous Service Vacation Time
On Or Before 5/31/94 Off With Pay
-------------------- ------------
Less than 6 months 0 days
6 mos. but less than 1 yr 1 week
1 yr. but less than 7 yrs 2 weeks
7 yrs. but less than 15 yrs 3 weeks
After 15 years 4 weeks
SECTION C. Vacation pay will be computed once each year for
each employee. The Corporation will use the following two methods to compute
vacation pay, and the employee will be paid the greater amount:
(1) Vacation pay for the entire vacation period June 1 to May
31 shall be a percentage of the individual employee's earnings for the full year
ending with the pay period immediately preceding June 1st of each calendar year,
subject to Section D of Article VIII. This method of calculation will be
eliminated for all employees hired after 8/1/98. For current employees, and any
employees on layoff for two (2) years prior to 8/1/98, the Corporation agrees to
abide by the current contract language.
Vacation Time Percentage Amount
Off With Pay Of Vacation Pay
------------ ---------------
3 days 1.2%
1 week 2.0%
------ ----
1 week & 1 day 2.4%
1 week & 2 days 2.8%
1 week & 3 days 3.2%
2 weeks 4.0%
------- ----
2 weeks & 1 day 4.4%
2 weeks & 2 days 4.8%
2 weeks & 3 days 5.2%
2 weeks & 4 days 5.6%
3 weeks 6.0%
------- ----
4 weeks 8.0%
------- ----
5 weeks 10.0%
or,
(2) Vacation pay shall be based upon the employee's hourly
rate on May 31st. Vacation pay is computed on basis of eight (8) straight time
hours equals one day and forty (40) straight time hours equals one week. To be
eligible for a full vacation in any
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vacation year during the term of this Agreement, an employee must (a) have six
(6) months of continuous service prior to May 31st of any calendar year; (b)
have worked at least 1,500 hours in the twelve (12) month period from June 1st
to May 31st. If an employee works in excess of 1,000 hours but less than 1,500
hours in the twelve (12) month period from June 1st to May 31st, the employee
shall be entitled to a pro rata vacation based upon the ratio that the
employee's hours worked bear to 2,000 multiplied by the applicable vacation
entitlement set forth.
An employee who works less than 1,000 hours from June 1st to
May 31st shall not be entitled to a vacation. For the purpose of determining
hours worked, time lost for sickness or compensable accidents shall be counted
as hours worked up to eight (8) hours per day.
Vacation time for which the employee receives pay will be
considered as time worked when computing vacation and pension benefits only.
Employees may use up to a maximum of five (5) of his or her
vacation days per year as sick days without prior approval, as normally required
for vacation purposes providing reporting-off procedures are followed.
SECTION D. (a) All vacations must be taken between June 1st
and May 31st of the following year, and whenever possible the employee shall
have the privilege of selecting the time within said period which the employee
desires for his or her vacation, but the final selection rests with the
Corporation in order to insure an orderly operation of the plant.
(b) The Corporation will limit vacation shutdown to a one week
period falling between Christmas and New Year's holiday.
SECTION E. (a) Employees who prior to June 1st of any year
quit, take a leave of absence or are discharged and have not worked in excess of
1,000 hours in the twelve (12) month period June 1st to May 31st shall not be
eligible to receive any benefits under this article.
(b) Employees who are otherwise eligible for a vacation but
are laid off shall receive such vacation pay as is due them.
(c) Employees who retire or die prior to June 1st of any year
shall be entitled to vacation pay prorated as of the date of retirement or
death, and paid at the next available pay period.
(d) Retired employees shall be paid at the time of retirement
for any vacation to which they may then be entitled, and paid at the next
available or reasonable pay period.
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Should an employee die at the time the employee has not taken
his or her full vacation or when the employee is otherwise entitled to vacation
pay, the employee's beneficiary shall receive the balance of the vacation pay to
which the deceased employee was entitled.
SECTION F. Paid holidays as listed in Article VII of this
Agreement falling within an employee's vacation period are also to be counted as
vacation days for which the employee shall receive payment in accordance with
the provisions of said Article VII.
ARTICLE IX
SENIORITY
SECTION A. (a) Seniority shall be based upon and defined as
the length of service of the employees employed by the Corporation, beginning
with the last hiring date of the employee involved. The "last hiring date" as
herein provided shall be defined to mean the period of time since such date,
during which any such employee's seniority has not been canceled as provided and
defined in Section 1 of this Article IX or any other applicable collective
bargaining agreement entered into by the Corporation and any collective
bargaining representative. Seniority shall be maintained and applied as to
layoffs, increase of forces, transfer and promotion to non-supervisory jobs on a
plant-wide basis as herein and hereinafter provided.
(b) Employees shall have a preference as to shift assignment
according to their seniority within their job classification. However, nothing
in this section shall limit the right of the Corporation to assign employees to
any shift in order to maintain efficiency through a balance of necessary skills
and experience.
SECTION B. LAYOFFS AND RECALLS. (a) It is understood and
agreed between the parties hereto that in all cases of increases and decreases
of the working forces length of continuous service shall be the determining
factor, providing the employee involved has the ability to perform the work
required.
However, any employee before being laid off may bump back to
any equal or lower rated job within any occupation which the employee had
previously held or to any other equal or lower rated job which the employee is
capable of performing within any occupation providing his or her seniority is
greater than the employee on that particular job.
(b) DIVISION OF WORK. When work becomes unavailable for one or
more employees performing the same type of work, on any calendar day of the
week, the senior employee or employees shall be retained unless they are
reassigned to other duties by the Corporation. If they are not reassigned, and
provided they are competent to do the work, said employees may exercise their
seniority in a bump fashion by bumping junior employees in the same or lower
labor grade.
If an error is made in administering the bumping procedure, or
if there is not
17
sufficient time to contact and assign each employee affected in a one-day bump,
the Corporation and Association will then meet for the purpose of attempting to
provide a solution for any problem which might have arisen.
(c) If, as a result of a decrease in work other than decreases
which may occur from day to day, the average scheduled hours of work of the
employees throughout the plant shall be reduced for a period of one month to
thirty-two (32) hours per week and if, in the judgment of the Management, that
level of work will continue for an extended period of time, the plant manager
will discuss with the appropriate Association officials the question whether a
decrease of the working force shall be effected in accordance with the
provisions of this article or whether the available hours of work shall be
distributed among the employees in such unit so far as shall be practicable with
due regard for the particular skills and abilities required to perform the work
available there. If the plant manager and such Association officials shall fail
to agree, the working force shall be reduced to an extent which shall be
sufficient to enable the remaining employees to average-forty (40) hours of work
per week.
(d) An employee shall not be reassigned to perform the same
type of work on a different shift until at least twenty-four (24) hours have
elapsed since the regularly scheduled starting time of the said employee on the
last shift worked by him; provided, however, that in the interest of maintaining
uninterrupted and economic production, the Corporation may so schedule an
employee. An employee can be reassigned to perform the same type of work on the
same shift on which the employee was regularly scheduled despite the fact that
twenty-four (24) hours have not elapsed since the regularly scheduled starting
time of said employee on the last shift worked by the employee and that by so
doing the Corporation would be obliged to pay overtime under the terms of this
Agreement.
(e) When plant operations resume on a normal or increased
schedule, the employees affected shall be restored to their previous or normal
status or recalled in the reverse order in which they were laid off. An employee
will have the option to refuse recall if the job to which the employee is being
recalled is not his or her regular job.
When reasonably possible; the Corporation will notify the
Chief Shop Xxxxxxx about an employee who is being recalled from lay-off, on the
same day that the Corporation notifies the Employee.
(f) In all cases of increase or decrease of the working forces
the following local Association officers: President, Vice President, Chief Shop
Xxxxxxx, Recording Secretary and Treasurer, the members of the Grievance
Committee and the Shop Stewards, shall be given preference without regard for
seniority, provided there is work available in the plant which they are capable
of doing. Such preferential seniority for Shop Stewards shall be confined to the
departments in which they function as Shop Stewards.
18
(g) TEMPORARY EMERGENCY LAY-OFF. Defined as the relieving of
any employee from duty or the temporary laying off of an employee because of a
temporary emergency brought about by reason of power breakdown, flood, fire, or
other problems beyond the reasonable control of the Corporation which require
temporary cessation of one or more operations.
In the interest of maintaining uninterrupted and economic
production, the Corporation shall not be obligated to lay off the employees in
the strict order of their seniority, but it must make a reasonable effort to lay
off the employees in the strict order of their seniority. A temproray emergency
layoff shall not be more than 3 days, after which normal lay-off procedures will
be followed.
(h) An employee shall be given two (2) work days' notice
before being laid off out of the plant.
(i) An employee who requests an out-of-turn lay-off, and
providing the Corporation grants such request, must sign a statement in which
the employee waives employee's recall rights to all jobs except the employee's
regular job.
SECTION C. INCAPACITATED EMPLOYEES. If employees become
incapable of doing their regular work through no fault of their own, the
employee so affected shall be entitled to other work in the plant in accordance
with their seniority status, provided they have the necessary ability required
to perform such work, and do not displace any other employee.
SECTION D. TRANSFER AND PROMOTIONS. Seniority as it shall be
maintained and applied to promotions, transfer and promotional transfers: (a)(i)
In the event a vacancy occurs on any permanent job, or should a new job be
established within the scope of the bargaining unit, notification of such
vacancy or establishment of such new job shall be posted on the department
bulletin board for a period of three (3) days. Upon request from the
Association, the Corporation will extend the job posting for two (2) additional
days to provide time for the Association to contact an employee who is absent
from work or laid off. A vacancy will not be deemed to exist if there is an
employee either on lay-off or in a lower rated job who formerly held the job now
open and who lost it by reason of a shortage of work. The notification shall
contain the job title, the grading and the shift to which the job is presently
assigned.
Such jobs shall be filled by employees throughout the plant
whenever possible. In all such cases, the length of service (seniority rank)
shall be the determining factor providing the employee is qualified to perform
the work. Transfers under this provision shall represent a promotional
opportunity for the employee involved.
Not withstanding any provision of this Section D (a)(i) to the
contrary, an employee having in excess of ten (10) years' seniority shall be
entitled to bid upon a vacancy that occurs in any permanent job or newly
established job of equal or lower
19
rank in the plant. Such employee shall be awarded the job if (1) the employee's
seniority in the plant is greater than the other employees under consideration
for the job and (2) the employee's fitness and ability are substantially equal
to such other employees. If such employee is awarded the job, the employee shall
not be eligible again for promotion under this Section D and shall remain in the
job for twelve (12) full months before he or she may bid on another job vacancy.
(ii) Eligible employees not claiming such posted jobs
within the agreed upon time shall forfeit their right in
such cases and wait until the next job posting occurs.
(iii) In the event of disputes, the job in question
shall be considered only temporarily filled until the
matter is properly disposed of through the established
grievance procedure. In no case shall this provision
involve back pay beyond the date on which the grievance
was filed.
(b) The Corporation for its convenience may from time to time
make transfers of employees from one job classification to another in accordance
with the rules set forth in paragraph 5 of the Supplemental Agreement of July
23, 1994. The reasons for such transfer may include but are not limited to the
following:
(i) To fill vacancies on a temporary basis pending
permanent filling of such vacancies under the job
posting procedure;
(ii) To replace the employees who are absent or on
vacation or who have failed to-report for work as
scheduled;
(iii) To provide for the remainder of the employee's
shift for an employee who has no work remaining in the
employee's regular job classification. The employee has
the option of performing assigned work duties or
concluding his or her shift and being paid for actual
hours worked only.
(iv) To fill a job pending the recall of an employee
from lay-off;
(v) To provide additional workers needed for particular
work. Such workers shall be selected from among the
employees in equal or lower-rated job classifications
from the job classification usually performing such
work.
(vi) To perform work of an intermittent nature not
requiring an employee for a full shift.
(vii) A temporary transfer is defined as being
forty-five (45) work days. The parties, by mutual
consent, can extend the 45-work day limit.
20
SECTION E. NEW EMPLOYEES. New employees must have accumulated
seventy (70) calendar days of service before they have seniority rights. Upon
completion of such seventy (70) calendar days, their seniority shall date from
the original date of employment. During such seventy (70) calendar day period, a
new employee may be transferred, laid off or discharged as the Corporation may
determine but not in any manner that will deprive any other employee of his or
her rights under this Agreement.
SECTION F. SENIORITY LISTS. (a) Seniority lists showing the
proper seniority dates of the employees must be posted on April 1st and October
1st of each year in the appropriate departments, and shall be changed by the
Corporation semi-annually so as to include the names of new employees who have
attained seniority status, or corrections that have been noted, since the date
of last semiannual posting.
The Corporation will provide the Association's Secretary with
an expanded copy of the Seniority List.
SECTION G. LEAVES OF ABSENCE. Leaves of absence shall be
permitted in cases mutually agreed to be worthy, and in such cases the
employee's seniority shall continue to accumulate.
SECTION H. MILITARY SERVICE. Employees, other than temporary
employees, who enter the armed forces of the United States or who have left or
who subsequent to the date hereof leave their positions for the purpose of being
inducted into, enlisting in, determining their physical fitness to enter or to
perform training duty in said armed forces, shall be reinstated in accordance
with the applicable Federal statutes.
Except as may be otherwise provided in the applicable Federal
statutes, any employee who voluntarily re-enlists for additional service at the
end of the employee's initial term of active service shall not have any
seniority or other rights under this clause.
SECTION I. CANCELLATION OF SENIORITY. The seniority of an
employee shall be canceled under any of the following circumstances: if the
employee
(a) Is justifiably discharged;
(b) Voluntarily quits;
(c) Is absent for any reason, which absence continues for more
than two (2) years. In cases where sickness and accident, or Xxxxxxx'x
Compensation is involved, then the two (2) years shall start after coverage has
been exhausted;
21
(d) Does not return to work within five (5) working days after
written notice by the Corporation to the employee's last address appearing on
the Corporation's records. The Corporation shall notify the Association in
writing at the same time the employee is notified to return to work;
(e) Fails to return to work at the proper time after leave of
absence;
(f) Is absent from work for five (5) consecutive working days
without giving notice to the Corporation;
SECTION J. The Corporation shall give written notification to
the Association of all promotions to non-supervisory jobs, layoffs, transfers,
recalls, discharges or disciplinary actions. If no written protest is received
by the Corporation from the Association or from the individuals involved within
five (5) working days from the date such notification is received by the
Association, no further grievance relative thereto shall be valid. Retroactive
pay in such cases shall not be for a period greater than the day on which the
written grievance was filed.
SECTION K. The seniority provisions of this Article IX shall
be applied to Working Leaders as follows:
(a) For purposes of lay-off and recall, a Working Leader's
seniority shall be based upon and defined as the length of service.
(b) For purposes of lay-off and recall, a Working Leader will
be considered to be an occupant of the job classification which the employee
held immediately prior to the employee's promotion to Working Leader.
(c) Each Working Leader will participate in overtime
opportunities in accordance with the employee's departmental seniority.
(d) Working Leaders are not employed to supervise, but in
addition to working are asked to convey the foremen's instructions to their
group, and to make such reports as to the progress of the job and maintenance as
are required by the xxxxxxx. Working Leaders are not to discipline any employee.
ARTICLE X
PROMOTION OUTSIDE BARGAINING UNIT
Whenever possible, Management will consider bargaining unit
members for promotion to positions outside the bargaining unit.
To allow such employees some measure of seniority security in
accepting promotion outside the bargaining unit, it is agreed that an employee
accepting a
22
promotion will retain his or her seniority which the employee accumulated as a
bargaining unit member for a period of one (1) year from the date of such
promotion.
At the expiration of such one-year period the employee will
lose his or her seniority unless the Corporation and Association mutually agree
to continue the employee's seniority.
Employees who accepted a position outside the bargaining unit
prior to the date of this Agreement shall retain their seniority in accordance
with the provisions of the collective bargaining agreement in effect at the time
of their promotion.
A non-bargaining unit employee who returns to the bargaining
unit cannot upon the employee's return to the unit displace any bargaining unit
employee currently at work. Conditions of the employee's return to the
bargaining unit will be mutually agreed to by the Corporation and Association.
ARTICLE XI
ADJUSTMENTS AND GRIEVANCES
SECTION A. Should any differences arise between the
Corporation and the Association as to the meaning and application of the
provisions of this Agreement or as to any question relating to wages, hours of
work and other conditions of employment of any employee, there shall not be any
suspension of work because of such differences, but an xxxxxxx effort shall be
made to settle them promptly and in accordance with the provisions of this
Agreement in the manner hereinafter set forth.
If an employee shall believe that the employee has a
justifiable request or complaint, the employee must discuss such request or
complaint with his or her xxxxxxx within twenty-four (24) hours after the
incident occurs, with the xxxxxxx of employee's department being present, in an
attempt to satisfactorily settle the request or complaint. Any such request or
complaint which shall not be disposed of within two (2) work days and which
shall be presented in writing, as hereinafter provided, shall constitute a
grievance and shall be handled under the procedure set forth in this Article.
STEP NO. 1. Such grievance shall be stated in writing on a
form to be furnished by the Corporation, which shall be dated and signed by the
employee involved, and two (2) copies of such grievance shall be delivered by
the xxxxxxx of such shop to the xxxxxxx involved. Such xxxxxxx shall note in the
appropriate place on such form the employee's disposition of such grievance and
shall sign and date the notation and return one (1) copy of such grievance to
the xxxxxxx and deliver or send one (1) copy thereof to the Personnel Manager.
Any grievance which shall not be disposed of within one (1) work day after it
shall have been so presented to the xxxxxxx may be appealed to Step No. 2 of the
grievance procedure.
23
STEP NO. 2. Unless such grievance shall be appealed to the
General Xxxxxxx for such shop or other designated Corporation representative
within three (3) work days after such disposition thereof by such xxxxxxx, such
grievance shall be deemed to have been settled in accordance with such
disposition and no appeal therefrom shall thereafter be taken.
If such grievance shall be so appealed, it shall be discussed
by the General Xxxxxxx for such shop and Personnel Manager, or other designated
representative, and the Chief Xxxxxxx and Departmental Xxxxxxx thereof in an
effort to settle such grievance. The discussion shall be held, and such General
Xxxxxxx and Personnel Manager, or other designated representative, shall dispose
of such grievance within not more than five (5) work days after the date on
which such grievance shall have been so appealed. If the General Xxxxxxx and
Personnel Manager, or other designated representative, shall fail to provide an
opportunity for discussion or fail to dispose of such grievance within the five
(5) work days, such grievance may be appealed to Step No. 3 of the grievance
procedure.
STEP NO. 3. Unless such grievance shall be appealed to Step
No. 3 within five (5) work days of such disposition in Step No. 2, such
grievance shall. be deemed to have been settled in accordance with such
disposition and no appeal therefrom shall thereafter be taken.
If such grievance shall be so appealed, a meeting between the
Personnel Manager and Plant Manager, or other designated representative, and the
designated Grievance Committee of the Association shall be held within five (5)
work days of such appeal in an effort to settle such grievance. If such
grievance shall not have been disposed of within eight (8) work days of such
appeal to Step No. 3, such grievance may be appealed to Step No. 4 of this
grievance procedure.
STEP NO. 4. Unless such grievance shall be appealed within
five (5) work days of such disposition in Step No. 3, it shall be deemed to be
settled in accordance with such disposition, and no appeal therefrom shall
thereafter be taken.
If agreement cannot be reached in the manner set forth above
on such grievance, the matter shall then be immediately referred to arbitration
in the following manner:
(a) If the Corporation and the Association cannot agree upon
an impartial arbitrator, on demand of either of the parties to this Agreement,
the American Arbitration Association shall appoint an impartial arbitrator who
shall arbitrate the disputed matter in accordance with its rules and
regulations. Once a disputed matter has been so appealed, such appointment and
the decision of the arbitrator so made shall be final and binding on each of the
parties hereto including the aggrieved employee or employees.
24
The Arbitrator shall have the power to interpret the terms and
provisions of this Agreement and to render decisions on disputes thereunder,
except, however, no Arbitrator shall have the power to render decisions that
would expand or nullify any of the terms and provisions of this Agreement.
(b) The cost of the impartial Arbitrator shall be shared
equally by both parties. All other costs incidental to the arbitration
proceedings shall be borne by the party incurring the cost.
(c) No post hearing brief will be filed by either party.
SECTION B. The time elements in the preceding grievance
procedure shall have meant to exclude Saturdays, Sundays and holidays. Any
extension of time in any step of this procedure must be by mutual agreement. For
purposes of counting days, the day of disposition shall be excluded, but the
last day for filing an appeal shall be included.
SECTION C. An employee who claims to have a grievance shall
present such grievance orally to the xxxxxxx involved within twenty-four (24)
hours after the event has occurred giving rise to the grievance. If the employee
could not reasonably have known of such event due to his or her absence from the
plant, the employee shall file the grievance within twenty-four (24) hours after
his or her return to the plant.
No grievance shall be made retroactive prior to five (5) work
days prior to the date such grievance was first submitted in written form in
Step No. 1.
SECTION D. The Grievance Committee shall consist of the
President of the Association, the Chief Shop Xxxxxxx and three (3) elected
members of the Association who will be elected according to the by-laws of the
Association. The President or the Chief Shop Xxxxxxx shall have the right to go
from one shop to another on grievances without loss of pay upon approval of
their respective foremen. A reasonable effort shall be made to conduct this
business during the normal lunch period.
SECTION E. Members of the Grievance Committee will not be paid
by the Corporation for attending grievance meetings. No grievance meeting will'
be scheduled to begin after 1:00 p.m.
ARTICLE XII
SUSPENSION AND DISCHARGE
In the event an employee is suspended or discharged and the
employee believes he or she has been unjustly dealt with, the employee may file
a grievance and such grievance shall be processed under Article XI of this
Agreement, beginning with the third step thereof.
25
The grievance shall contain the date and nature of the
suspension or discharge, and the employee shall have five (5) work days from the
date of such suspension or discharge to file the grievance. In no case following
the expiration of five (5) work days referred to herein may a grievance
regarding suspension or discharge be presented. The Corporation will meet with
the Grievance Committee before it discharges any employee.
The Corporation will disregard any disciplinary record in an
employee's personnel file after twelve (12) months have elapsed from the date of
the employee's most recent disciplinary infraction.
ARTICLE XIII
SAFETY AND HEALTH
The Corporation shall continue to make such provisions that
are required for the safety and health of its employees during the hours of
employment.
A plant safety team shall be established consisting of two (2)
members of Management and three (3) members appointed by the Association. This
safety team must meet at least once each thirty (30) days for the purpose of
reviewing and resolving the problems and conditions which involve the safety of
the employees. The safety team shall send a report, signed by all of the members
present, to the Plant Manager, the Vice President of Operations, and the
Association's Secretary.
All accidents that result in personal injury and/or property damage, regardless
of how minor, must be reported to a supervisor.
The minutes of each monthly Safety Committee Meeting shall be
posted not later than seven (7) working days after each meeting.
If reasonable action is not taken to an unsafe condition, the
Association has the right to present a grievance starting in Step No. 3 of the
grievance procedure.
No employee shall be required to work on any job which, in the
opinion of the majority of the safety committee, is unsafe, nor shall any
employee be penalized for failure to work under such conditions. Notice of such
unsafe conditions shall be given to the Corporation immediately upon its
discovery by the safety committee.
An employee who uses prescription glasses in the performance
of employee's job duties will be reimbursed Fifty ($50.00) Dollars by the
Corporation once each twelve (12) months upon presenting verification of
purchase of safety prescription glasses
26
which meet or exceed the standard set
forth in Z-87.1-1989 of the American National Standards Institute.
ARTICLE XIV
FUNERAL LEAVE
SECTION A. When a death occurs in the immediate family, the
employee shall be permitted three (3) days' absence without loss of pay.
Reimbursement of pay shall be twenty-four (24) hours at the employee's straight
time hourly rate. The immediate family shall constitute a husband, wife, father,
mother, sister, brother, son, daughter, father-in-law, mother-in-law and
grandparents of the employee. One (1) day's paid absence shall be permitted for
stepmother, step-father for funeral leave.
An employee who attends the funeral of an aunt or uncle (or
spouse's aunt or uncle), brother-in law, sister-in-law, step son/daughter, will
be granted a one (1) day unpaid excused absence.
Saturday and Sunday shall not be considered as working days.
Proof of time of death and burial must be submitted to the Accounting Department
in order to be compensated for the lost time outlined above.
If an employee is on vacation and a death occurs in employee's
immediate family, his or her vacation will be extended by the number of week
days lost, due to the above incident, not to exceed three (3) days.
If during a normal work week as defined in Article V, a paid
holiday is observed not earlier than the date of death nor later than the date
of burial, the employee can extend the employee's funeral leave by eight (8)
working hours for each paid holiday observed, beginning on date of death to and
including date of burial.
27
ARTICLE XV
MISCELLANEOUS
SECTION A. One special bulletin board for the use of the
Association shall be erected in each Department at such places as shall be
agreed upon by the President of the Association and the designated
representative of the Corporation. Said bulletin board may be used only to
notify Association members of official Association business, except that notices
of a non-partisan civic nature may be posted if first submitted to the
designated Corporation representative and approved by him. The decision of the
Corporation shall be final and binding. All notices of official Association
business-shall be signed by the President, Secretary or Chief Shop Xxxxxxx of
the Association.
SECTION B. FOREMEN AND OTHER SUPERVISORS. The primary function
of a xxxxxxx and other supervisors is supervision. Xxxxxxx and other supervisors
shall not perform work customarily assigned to members of the bargaining unit
when their performance of such work will cause members of the bargaining unit to
be sent home or prevent the recall of laid-off members or the hiring of new
employees.
SECTION C. The Corporation will provide, and split the cost
with the Employee Association, for copies of this contract in mini-booklet form
to all existing employees and new hires during the contract period.
ARTICLE XVI
INSURANCE AND PENSIONS
SECTION A. The Corporation agrees to provide life insurance
coverage for each employee as follows:
August 1, 1998 $15,000
Each new employee shall not be eligible for such life
insurance until the first of the month following thirty (30) days' employment
with the Corporation.
Each employee shall be required to pass a pre-employment
physical examination. Employees who are re-hired or laid off for more than a
thirty-day (30) period may also be required to take a physical examination.
Upon death for any cause, whether on or off the job, the
beneficiary named on the employee's policy shall receive the amount of insurance
stated on such employee's policy.
28
An employee who completes at least twenty (20) years of employment and has
attained the age of at least sixty-five (65) years may retire with a paid-up
life insurance policy in the amount of Two Thousand Five Hundred Dollars
($2,500.00).
An hourly employee who has completed at least twenty-five (25)
years of credited service and- has attained the age of at least sixty-two (62)
years may retire with a paid-up life insurance policy in the amount of One
Thousand Two Hundred Fifty Dollars ($1,250.00).
In case of a temporary lay-off of thirty (30) days or less,
the Corporation shall keep the employee's life insurance in effect. All
insurance's shall cease at termination of employment, except for employees under
eligible retirement as defined hereinbefore.
SECTION B. The Corporation agrees to provide insurance for
each employee for accidents or sickness off the job that prevents the employee
from working. Employees shall receive weekly payments for a maximum of
twenty-six (26) weeks beginning on the day of the accident or on the eighth day
of illness. For new cases only, on each one of the three following effective
dates the Corporation will pay:
August 1, 1998 $325 per week for the life of this agreement
In cases of illness or accident off the job, the employee must
report employee's absence from work to the Personnel Manager and request the
proper report form, provided by the insurance company, be mailed to him. The
employee's doctor shall fill out what is required on such form. The form shall
be returned to the Corporation for completion and forwarding to the insurance
company.
Upon release by employee's physician, the employee shall
report to the Dispensary before employee may return to work. The Corporation may
require the employee to be examined by the Corporation's physician. The above
insurance ceases upon termination of employment.
SECTION C. Effective August 1, 1998, the Corporation will
absorb the entire cost of providing U. S. Healthcare or its equivalent for the
duration of this Agreement. An employee may elect to be covered under either of
two (2) U. S. Health Care Plans as follows:
1. Premiere
2. Patriot XV Liberty D
(1) The limitation on the amount of benefits provided under
the Major Medical Plan is One Million Dollars ($1,000,000.00).
(2) For employees who retire at age 62 up to age 65 on or
after August l, 1998, the Corporation agrees to purchase for such retired
employees U. S. Healthcare, or
29
equivalent coverage under one of the Corporation's approved plans where the
Corporation's contribution shall be limited to $115.00 per month if married and
$58.00 per month if single.
(3) The Corporation agrees to purchase for employees age 65 or
older who retire on or after August 1, 1998 coverage U.S. Healthcare Medicare V,
or equivalent. The Corporation's contribution shall not exceed $115.00 per month
if an employee is married and $58.00 per month if single. Any subsequent
increase in the cost of the retiree's medical insurance plan will be paid in
total by the retiree.
(4) In the event an employee is out on leave which is covered
by the Corporation's accident and sickness policy, the Corporation will continue
to provide medical coverage on the following basis:
(a) After one (l) year of service -- 50% of the premium cost
that the Corporation was contributing prior to the leave.
(b) After two (2) years of service or more -- 100% of the
premium cost that the Corporation, under the U.S. Healthcare Premium Plan or its
equivalent, was contributing prior to the leave.
If the employee remains on sickness and accident leave beyond
the twenty-six (26) week maximum coverage period, the Corporation will continue
to provide medical coverage in accordance with the above standards for a period
not to exceed two (2) years provided the employee's seniority has not been
canceled and that the employee elects medical coverage under the U. S. Health
Care "Premier Plan" on the earliest date that such employee may elect to
transfer to the Premier Plan. In the event the employee was already enrolled in
the Premier Plan, the employee must remain in the Premier Plan or lose the right
to the Corporation's contribution.
For those employees and/or their families covered by the Corporation's present
carrier, where the employee co-pay charge is twenty five dollars, the
Corporation will reimburse the employees for every co-pay charge incurred by the
employee and /or his or her family (if family coverage is provided) over ten
such charges over a twelve month period. The employee will be responsible for
providing the Corporation with proof of same.
Durable medical coverage will continue.
SECTION D. The insurance coverage provided for in Section C
above shall be made effective in accordance with the terms and conditions
specified in the Agreements entered into by the Corporation with any insurance
carrier, or with U. S. Health Care.
30
The foregoing program of social insurance benefits provided in
Sections A, B and C shall be in substitution for any and all other plans
providing for insurance benefits to covered employees for sickness and accident
and hospitalization benefits. It is intended that the provisions for sickness
and accident benefits which shall be included in such program of social
insurance benefits shall comply with and be in substitution for provisions for
similar benefits which shall be provided for under such law or laws, the cost to
the Corporation of such benefits under such law or laws, shall be deducted from
the amount which the Corporation is required to contribute to the program of
social insurance benefits as provided for herein and an appropriate readjustment
shall be made in the benefits provided for under such program.
SECTION E. (1) The Corporation and the Association have
entered into two pension Agreements. One pension agreement (The Bethlehem
Corporation Retirement Income Plan, commonly referred to as the Easton Hourly
Pension Plan) dated as of June 8, 1964 and as amended as of June 15, 1967, June
15, 1970, June 22, 1974, November 16, 1975, June 23, 1977, June 15, 1979, July
21, 1980, June 12, 1984, August 12, 1987, July 23, 1991 and July 23, 1994.
and
one pension agreement (The Bethlehem Corporation Employees' Association Pension
Plan, commonly referred to as The Bethlehem Hourly Pension Plan) dated as of
January 2, 1970 and amended as of October 1, 1970, October 1, 1974, June 23,
1977, June 15, 1979, July 21, 1980, June 12, 1984, August 12, 1987, July 23,
1991 and July 23, 1994.
References therein to the "Existing Agreement" shall be taken
as reference to the Agreement dated July 23, 1994. Each pension agreement, as
amended, shall become effective as of that date and remain in effect in
accordance with its terms.
(2) The pension agreements shall be amended so that no further
benefits will accrue after December 31, 1994 and the retirement benefits accrued
as of that date will be fully protected. The Corporation will fully fund the
pension plans in accordance with ERISA guidelines.
(3) Effective January 1, 1995, the Corporation has established
a 401(k) plan which will have provisions in accordance with the Plan Summary
dated July 18, 1994. Payroll deductions will be transferred into the 401 K
accounts within two weeks following payday. All contributions by the Corporation
shall be delivered to the trustee not later than the date fixed by law for the
filing of the Corporation's Federal Income Tax return (including any extensions
of time granted by the Internal Revenue Service for filing such return). The
Federal tax return is due September 15th of each year.
31
ARTICLE XVII
ASSOCIATION RESPONSIBILITY
The parties hereto agree that this Agreement provides an
orderly and expeditious method for the adjustment of differences that might
arise between them during the tenure of this Agreement; therefore, the
Association agrees it will not authorize any strikes of the employees at the
Plants of the Corporation for its duration.
In the event of an unauthorized strike, work stoppage or
interruption or impeding of work on the part of any employee or employees during
the life of this Agreement, the Association agrees that it will immediately
(within twenty-four [24] hours after notification by the Corporation, by
registered mail or personal messenger, that a strike is in progress) disavow
responsibility for the strike and order the striking employee or employees to
return to work promptly. Therefore, consistent with the above, the Corporation
agrees that it will not bring legal action against the Association or any of its
officers, agents, or members to establish responsibility for such unauthorized
strike or any damage resultant therefrom. The sole recourse and exclusive remedy
for the Corporation in such an event shall be to impose disciplinary measures
upon the employees involved, in accordance with the provisions of this
Agreement.
In the event that any employee fails to return to work
promptly after such disavowal and order to return to work, the Corporation will
be free to discharge or otherwise discipline employee without necessarily
discharging or disciplining all employees so involved and such action shall not
be held to be discriminatory. Any arbitration case shall be limited only to the
question of whether the employee did or did not encourage or participate in the
strike and the extent of the disciplinary penalty cannot be questioned.
ARTICLE XVIII
SAVINGS CLAUSE
If any Article, Section or Paragraph of this Agreement shall
be rendered null and void as a result of any Federal, State, County or Municipal
legislation, only that Article, Section or Paragraph so affected shall be
re-negotiated to conform to said State or Federal laws, and the other provisions
of this Agreement shall not be affected.
ARTICLE XIX
TERMINATION DATE
SECTION A. This Agreement and the two Pension Agreements dated
January 2, 1970, as amended, and June 22, 1964, as amended, shall constitute the
entire agreement between the Corporation and the Association. This Agreement
shall remain in full force and effect until 11:59 p.m. July 31, 2001, and shall
thereafter be continued for one (1) year and from year to year thereafter unless
notice of termination in writing via registered mail is given by either party at
least sixty (60) days before the next annual expiration date.
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SECTION B. TO CHANGE, AMEND OR SUPPLEMENT. Should either party
desire to change, amend, or supplement this Agreement of August 1, 1998, or as
of any subsequent date thereto, such party may do so by giving the other party
written notice of at least thirty (30) calendar days prior to the date upon
which it desires to do so, and such party shall state in such notice the
specific Article, Section or Sub-Section thereof it desires to change, amend or
supplement. Within thirty (30) days after the receipt of such notice by either
of the parties hereto, a conference date shall be mutually agreed upon.
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IN WITNESS WHEREOF, the Corporation has caused these presents to be signed by
its duly authorized agents and said Association has caused these presents to be
executed by the signatures of its duly authorized agents this first day of
August 1998.
THE BETHLEHEM CORPORATION THE BETHLEHEM CORPORATION
EMPLOYEES ASSOCIATION
------------------------------ -----------------------------
Xxxxx Xxxxx Xxxx X. Xxxxxxxxx
------------------------------ -----------------------------
Xxxxxx X. Xxxx Xxxxxxx X. Xxxxx, Xx.
------------------------------
Xxxxxx Xxxxxxxx
------------------------------
Xxxx Xxxxxxx
------------------------------
Xxxxx Xxxx, Jr.
------------------------------
Xxxxxxx Xxxxxxx
------------------------------
Xxxxxxx Xxxxxx
------------------------------
Xxxxxx X. Xxxxxxxx
Addendum
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement dated as of July 23, 1994 is entered into between
The Bethlehem Corporation, Easton, PA (hereinafter referred to as the
"Corporation") and The Bethlehem Corporation Employees' Association (hereinafter
referred to as the "Association") on behalf of itself and its members who are
employees of the Corporation.
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NOW, THEREFORE, THIS AGREEMENT WlTNESSETH:
1. Effective as of July 23, 1994 the minimum hiring-in rate for trainees will be
Labor Grade 1 for the first four months. Trainees shall progress in accordance
with the following progression schedule and subject to the following
regulations:
A. The parties recognize the need for a clearly defined Trainee Progression
Schedule under which an inexperienced employee may advance as he increases his
knowledge of the job until he attains the rate of the grade in which his job is
classified. The method of selection of trainees is as follows:
Whenever a TRAINEE opening is available, the Corporation will
not post such opening in the traditional sense, but rather will post a notice
inviting all interested employees to apply for such opening.
The General Xxxxxxx of the department involved and the Plant
Manager, together with the Personnel Manager, will compare the qualifications of
all the interested applicants. The final selection of candidates will be made
based on the capability each candidate is considered to have for eventually
acquiring the skill of the particular job.
TRAINEE PROGRESSION SCHEDULE
Automatic Progression Merit Progression
Hire 4 8 12 18 24 30 36 42 48 54 60 66
Gr. Gr. Mos. Mos. Mos. Mos. Mos. Mos. Mos. Mos. Mos. Mos. Mos. Mos.
LABOR GRADE
1 1
2 1 2
3 1 2 3
4 1 2 3 4
5 1 2 3 4 5
6 1 2 3 4 5 6
7 1 2 3 4 5 6 7
8 1 2 3 4 5 6 7 8
9 1 2 3 4 5 6 7 8 9
10 1 2 3 4 5 6 7 8 9 10
11 1 2 3 4 5 6 7 8 9 10 11
12 1 2 3 4 5 6 7 8 9 10 11 12
13 1 2 3 4 5 6 7 8 9 10 11 12 13
NOTE: Advancement of a Trainee shall be by automatic progression in any grade up
to and including Grade 4. Thereafter, such advancement shall be on a merit
basis.
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If there are no applicants indicating interest in the TRAINEE
opportunity or if no applicants are deemed sufficiently qualified for such
TRAINEE job, the Corporation may fill such opening by assigning or hire new
employees at its discretion.
While in training, all TRAINEES will be considered to hold the
job classification of the job for which they are being trained, and such job
classification will determine a trainee's rights as to transfer and promotion,
layoffs and recalls.
B. Within the limitations of the Trainee Progression Schedule the
Corporation may:
(i) hire a new employee at any rate at or
between the Hire Rate and the Job Rate for
the grade in which the employee's job is
classified according to the employee's
previous experience.
(ii) progress trainees in Grades 2, 3 and 4 on an
automatic basis in accordance with the
intervals and increases specified in the
Trainee Progression Schedule.
(iii) progress trainees in the first four steps of
Grades 5 to 13 that is up to and including a
basic rate of Labor Grade 4 or an automatic
basis in accordance with the intervals and
increases specified in the Trainee
Progression Schedule.
(iv) progress trainees in all steps subsequent to
the fourth step of Grades 5 to 13 that is
after attainment of a basic rate of Labor
Grade 4 on a merit basis in accordance with
the intervals and increases specified in the
Trainee Progression Schedule.
(v) progress a trainee at a faster rate, if such
trainee's performance warrants it.
C. The Corporation may, at its discretion, withhold an automatic progression
increase if, in its judgment, a trainee's progress does not warrant such
increase, provided the Corporation does not require the trainee to continue as a
trainee on the job on which he was previously being trained and in connection
with which he was being considered for a progression increase.
D. Whenever a merit progression increase is withheld under the Trainee
Progression Schedule, the Plant Manager shall submit his reasons therefor in
writing to the Personnel Manager of the Corporation, who shall within ten (10)
days thereafter advise the President of the Association of the name of the
trainee and the reasons why the merit progression increase was withheld. In such
cases, the trainee's progress shall be reviewed three months thereafter to
determine whether he shall be given the merit progression increase previously
withheld.
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E. The determination as to whether a trainee shall receive a merit progression
increase shall not be subject to the Grievance Procedure unless such merit
progression increase has been withheld after being reviewed at the end of two
regular six-month review periods.
F. If a trainee has progressed through the first four steps of any grade and is
receiving a rate of Labor Grade 4 or more on the job for which he is being
trained and he is subsequently taken off such a job because of lack of work and
transferred to another job which carries a basic rate of more than Labor Grade 4
he shall begin work as a trainee on the job to which he is transferred at a rate
of Labor Grade 4. If the basic rate for the job to which he is transferred is
Labor Grade 4 or less, he shall begin work at the basic rate for the job.
2. The Corporation and the Association have agreed on the classification of all
existing jobs in the Corporation into thirteen (13) labor grades.
3. The Corporation and the Association have copies of job descriptions for all
jobs in the Corporation as of July 21, 1980. The job descriptions are not
intended to describe or set out in complete detail all the duties and
responsibilities which go with any job. The job descriptions set forth the
general duties considered necessary to evaluate the job in the factors of skill,
effort, responsibility and job conditions and shall not be construed as a
detailed description or statement of all the work requirements that may be
inherent in the job. No grievance may be filed in connection with approved job
descriptions. Jobs referred to herein as "craft jobs" have been designated as
such on the job description.
(a) The association will submit a list of jobs to the Corporation. These jobs
are to be reviewed and approved by the parties within a mutually agreed time
period.
4. No employee who prior to July 21, 1980 has a personal rate above the basic
rate established for his job will be reduced unless reclassified into a
different job through the operation of the "Seniority" section of the present
Agreement. An employee reclassified in accordance with these provisions upon
being transferred back into the job in which he had a personal rate shall have
it restored. An employee whose connection with the Corporation is terminated
under conditions whereby his seniority is canceled in accordance with the
"Seniority" section of the present Agreement will not have his personal rate
restored on re-hire.
5. Transfers of employees from one job classification to another may be made
from time to time for the convenience of the Corporation. These transfers can be
made during any scheduled shift including Saturdays and Sundays. An employee who
is temporarily transferred for the convenience of the Corporation shall receive
the rate of the job to which he is transferred or the rate of the job on which
he has been working, whichever is higher. An employee who is transferred in lieu
of lay-off shall receive the rate of the job to which he is transferred.
37
6. The Corporation may establish a new job or change the work assignment of an
existing job so as to require a change in grade. In such event, the following
procedure shall apply:
A. As promptly as practicable but not later than sixty (60) days after the new
or changed job goes into operation, the Corporation will prepare a job
description and a proposed classification by grade and submit them to the
Association.
B. Within seven (7) calendar days thereafter, the Association shall return said
description and classification by grade with his approval noted thereon or with
its disapproval noted thereon and accompanied by a request for a conference.
C. If the Association approved said description and classification by grade or
fails to return them in seven (7) calendar days, said description and
classification by grade shall become effective as of the day the new job is
filled or the change made.
D. If after the conference called for in paragraph B above, the Corporation and
the Association are unable to agree, the description and classification by grade
shall be put into effect subject to paragraph E below.
E. Any employee or employees, affected by the establishment of a new job or a
change in the description or an existing job and the classification by grade of
such new or changed job, may file a grievance through a member of the
Association's Grievance Committee as provided in the Third Step procedure
established by the Grievance Section of the present Agreement, unless prior to
its filing said description and classification by grade have been accepted by
the Association.
F. Any revised job description and classification by grade resulting from a
conference between the Corporation and the Association shall be retroactive to
the date the new job is filled or the change made, except that such
retro-activity shall not extend back for more than ninety (90) days prior to the
date of the Corporation's submission of the job description and proposed
classification by grade. Any revised job description and classification by grade
resulting from the filing and processing of a grievance shall be retroactive to
the date the new job is filled or the change made, except that such
retro-actively shall not extend back for more than ninety (90) days prior to the
date of the filing of the grievance.
7. The job description and labor grades established by this Supplemental
Agreement, except as modified pursuant to Section 6 above, shall continue in
full force and effect unless the Corporation terminates any job or such job
remains continuously unfilled for the period of a calendar year.
8. The Corporation shall have the sole right to determine the number of
employees required in each and every job classification throughout the plant.
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9. For the purposes of training employees for higher rated job classifications,
an employee in a lower rated job classification shall accept temporary
assignments of work normally performed by employees in a higher rated job
classification. While performing such work, the employee shall receive the rate
of pay for his regular job classification or a higher rate of pay based upon the
efficiency and ability of the employee to perform the work temporarily assigned.
39
