AGREEMENT BETWEEN WELLS GARDNER electronics corporation AND LOCAL 1031 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO July 3, 2006 to June 29, 2009
AGREEMENT
BETWEEN
XXXXX
XXXXXXX
electronics
corporation
AND
LOCAL
1031
OF
THE
INTERNATIONAL BROTHERHOOD
OF
ELECTRICAL WORKERS,
AFL-CIO
July
3,
2006 to June 29, 2009
TABLE
OF CONTENT'S
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PAGE
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ARTICLE
I
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UNION
AND MANAGEMENT
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Section
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1.
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Parties
and Effective Date
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1
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Section
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2.
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Expiration
Date and Renewal
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1
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Section
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3.
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Recognition
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1
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Section
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4.
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Management
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1-2
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Section
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5.
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Union
Shop
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2
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Section
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6.
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Check-off
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2-3
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Section
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7.
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Non-Discrimination
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3
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Section
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8.
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Trial
Period Employees
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3-4
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ARTICLE
II
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REPRESENTATIVE,
GRIEVANCES AND ARBITRATION
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Section
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1.
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Stewards
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4
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Section
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2.
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Grievance
Procedure
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4-6
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Section
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3.
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Arbitration
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6
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Section
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4.
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No
Strike or Lockouts
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6-7
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ARTICLE
III
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HOURS
OF WORK AND OVERTIME
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Section
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1.
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Regular
Work Week
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7
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Section
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2.
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No
Staggering
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7
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Section
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3.
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Changing
Workweek
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7
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Section
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4.
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Overtime
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8
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Section
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5.
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Shift
Premium
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8
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Section
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6.
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Preference
of Shift and Overtime
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8
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Section
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7.
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Lunch
Periods
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8
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Section
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8.
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Rest
Periods
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9
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Section
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9.
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Reporting
Pay
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9
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Section
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10.
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Call-Back
Pay
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9
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Section
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11.
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No
Pyramiding
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9
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ARTICLE
IV
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SENIORITY
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Section
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1.
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Basis
of Seniority
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9
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Section
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2.
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Effect
of Seniority
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9-10
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Section
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3.
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Seniority
List
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10
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Section
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4.
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Temporary
Layoffs
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10-11
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Section
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5.
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Temporary
Transfers
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11
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Section
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6.
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Options
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11
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Section
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7.
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Demotion
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11-12
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Section
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8.
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Rights
on Recall
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12-13
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Section
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9.
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Skill
& Ability
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13
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Section
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10.
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Vacancies
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13-14
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Section
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11.
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On-the-Job-Training
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14
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Section
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12.
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Leave
of Absence
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15
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Section
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13
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Loss
of Seniority
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15-16
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Section
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14.
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Promotion
to Exempt Positions
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16
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i
TABLE
OF CONTENT'S CONT'D
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PAGE
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ARTICLE
V
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VACATION
AND HOLIDAYS
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Section
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1.
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Eligibility
and Amount of Vacation
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16-17
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Section
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2.
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Minimum
Hours
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17
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Section
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3.
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Computation
of Vacation Pay
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18
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Section
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4.
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Scheduling
of Vacations
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18
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Section
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5.
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Date
Due
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18
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Section
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6.
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Consecutive
Days, etc
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18
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Section
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7.
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Retiree
Pro-Rata Vacation Pay
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19
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Section
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8.
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Holidays
and Holiday pay
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19-20
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Section
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9.
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Floating
Holiday
|
20
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ARTICLE
VI
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WAGES
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Section
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1.
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Rates
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20
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Section
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2.
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Cost
Of Living
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20-21
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Section
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3.
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New
Classifications
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21
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Section
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4.
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Upgrading
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21
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Section
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5.
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New
Experienced Employees
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21
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Section
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6.
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Payday
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22
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Section
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7.
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Piece
Work
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22
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Section
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8.
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Pension
Plan
|
22
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ARTICLE
VII
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INSURANCE
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22-23
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ARTICLE
VIII
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GENERAL
PROVISIONS
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Section
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1.
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Saving
Clause
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23
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Section
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2.
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Bulletin
Board
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23
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Section
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3.
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Election
Day
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23
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Section
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4.
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Supervisors
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24
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Section
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5.
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Right
of Access
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24
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Section
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6.
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Conflict
with State & Federal Laws
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24
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Section
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7.
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Female
Employees
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24
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Section
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8.
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Paid
Leave of Absence
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24-25
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Section
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9.
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Jury
Service
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25
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Section
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10.
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Safety
and Health Provisions
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25
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Section
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11.
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Union
Employee Educational Assistance Program
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26
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Section
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12.
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Call-In
Sick / Personal Day
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27
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Section
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13.
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Inventory
Shutdown Scheduling
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27
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Section
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14.
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Severance
Plan
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27
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Section
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15.
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401K
Savings Plan
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27
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APPENDIX
"A"
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Wage
Scale - Effective 07-03-06
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00-00
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XXXXXXXX
"X"
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Insurance
Coverage for Employees & Dependents
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32-33
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APPENDIX
"C"
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Piece
Work / Incentive System
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34
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ii
ARTICLE
I
UNION
AND MANAGEMENT
Section
1. Parties and Effective Date:
The
parties to this Agreement are: Xxxxx-Xxxxxxx
Electronics Corporation,
its
successors or assigns, hereinafter called the "Company"
and
Local
1031, International Brotherhood of Electrical Workers,
AFL-CIO,
hereinafter called the "Union".
This
Agreement shall become effective July 3, 2006
Section
2. Expiration Date and Renewal:
This
Agreement shall remain in full force and effect until June 29, 2009 and then
shall automatically renew itself from year to year thereafter, unless the
Company or the Union gives written notice to the other party to amend, modify
or
terminate within not less than sixty (60) days prior to any expiration date.
The
parties may by mutual agreement modify or amend this Agreement at any time
hereafter.
Section
3. Recognition:
The
Company recognizes the Union as the sole and exclusive collective bargaining
agent for all of the Company's production and maintenance employees located
at
0000 Xxxx 00xx
Xxxxxx -
Xxxxx X, XxXxxx, Xxxxxxxx 00000-0000 excluding Xxxxx-Xxxxxxx Electronics
Corporation executives and non-working supervisors, office, clerical and sales
employees, engineering and laboratory employees, supervisors, guards, outside
truck drivers, journey & craft persons who are represented for purposes of
collective bargaining by unions affiliated with the AFL-CIO.
Section
4. Management:
The
management of the Company and its operations, the direction of the work force,
including the right to hire, assign, suspend, transfer, promote, discharge
or
discipline for just cause and to maintain discipline and efficiency of its
employees and the right to relieve employees from duty because of lack of work
or for other legitimate reasons not in conflict with the provisions of this
Agreement; the right to determine the extent to which the plant shall be
operated; the right to introduce new or improved production methods, processes
or equipment; the right to decide the number and locations of plants, the nature
of equipment or machinery, the products to be manufactured, the methods and
processes of manufacturing, the scheduling of production, the method of training
employees, the
1
designing
and engineering of products and the control of raw materials; the right to
continue in accordance with past practice to assign work to outside contractors;
and the right to enact Company policies, plant rules and regulations which
are
not in conflict with this Agreement, are vested exclusively in the
Company.
The
Union
recognizes that there are functions, powers, authorities and responsibilities
belonging solely to the Company, prominent among which, but by no means
inclusive, are those enumerated in the preceding paragraph. The management
rights enumerated in said paragraph are not inclusive and shall not be deemed
to
exclude other functions not herein listed.
The
term
"just cause" as used in this Agreement includes but is not limited to any
violations of a published plant rule established pursuant to the provisions
of
Article I.
Section
5. Union Shop:
All
employees covered by the terms of this Agreement shall be required to become
and
remain members of the Union as a condition of employment from and after the
sixty-first (61st) day following the date of their employment or the effective
date of this Agreement, whichever is later.
Section
6. Check-Off:
The
Company agrees that it will make weekly deductions from each weekly pay check
covering any and all amount of dues and initiation fees that may hereafter
become due to the Union for any of its employees covered hereunder, provided
that the Union requests such deductions and accompanies such requests with
properly and legally executed assignments, in accordance with law, authorizing
such deductions. The employer further agrees that once each week, it will remit
promptly to the Union such collected amounts. At the end of each calendar month,
the Company shall forward to the Union an alphabetical list of the names and
the
total amounts deducted during said month from each employee covered. In lieu
of
this monthly alphabetical list, the Company may, at its option, forward to
the
Union such an alphabetical list each week along with the weekly remittance
of
collected amounts.
If
through inadvertence or error, the Company fails or neglects to make a deduction
which is properly due and owing from an employee's weekly pay check, such
deduction shall be made from the next weekly pay check of the employee and
promptly remitted to the Union. It is expressly agreed and
2
understood
that the Union assumes full responsibility for the validity and the legality
of
such employee's deductions as are made by the Company and hereby agrees to
indemnify and save the Company harmless, by virtue of such collections and
payments to the Union.
No
deduction shall be made from any employee for union dues in any week in which
such employee receives a check representing a total of less than eight (8)
hours
at the employees regular rate of pay nor shall any deduction be made from any
employee's pay check prior to the date on which, by the terms of this Agreement,
he/she is required to become a member of the Union as a condition of
employment.
Section
7. Non-Discrimination:
It is
agreed between the parties that in the policies and practices of the Company
and
in the membership policies and practices of the Union there shall continue
to be
no discrimination against any employee on account of race, creed, color,
national origin or sex.
Section
8. Trial Period Employees:
(a)
|
Trial
Period:
New employees shall be on trial until they have been employed for
a period
of sixty (60) calendar days and during such period the Company shall
have
the right to dismiss or retain the employee at its own discretion.
Upon
completion of such sixty (60) calendar days of employment, the employee
shall be deemed to be a regular employee. In all instances where
a trial
period employee is laid off for lack of work or granted a leave of
absence
for illness or other good cause, such reduction from active employment
shall be deemed to be a layoff, unless at the date it occurs, the
employee
is given a written notice stating that he/she is
terminated.
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(b)
|
Return
from Leave or Recall of Laid Off Trial Period
Employee: Trial
period employees who are laid off and by election of the Company
subsequently recalled or who are granted a leave of absence and
subsequently return to work, must complete sixty (60) calendar days
of
trial period active employment within six (6) months of the date
of their
original hire date in order to become a regular employee. Periods
of trial
period active employment, as referred to above, shall include any
week in
which the employee works at least one full day. At such time as the
employee completes sixty (60) calendar day trial period active employment,
his/her "original hiring date", for the purpose of determining his/her
length of service (in accordance with Article IV, Section 3(b)) shall
be
established as that date sixty (60) calendar days prior to the date
of
completion of the trial period employment
requirement.
|
(c)
|
Trial
Period Employee Recalled Before Expiration of Six-Month
Period:
Trial period employees who have not completed sixty (60) calendar
days of
trial period employment within six (6) months from their original
date of
hire, but who are recalled or return from a leave of absence prior
to the
expiration of such six-month period will be permitted to complete
the
trial period requirement, although the six-month period elapses before
such
|
3
trial
period is completed, provided the employee is not laid off before he/she
completes his/her trial period employment. If such a layoff occurs before the
employee bas completed his/her trial period and the six-month period has
expired, said employee will be considered to have been terminated rather than
laid off.
(d)
|
Extension
of Trial Period:
The Company shall have the right to extend the trial period to ninety
(90)
calendar days upon written notice to the Union and the employee prior
to
completion of the normal sixty (60) day trial period and shall retain
the
right to dismiss such employee during this extension period without
being
subject to review. In all instances where the trial period of a new
employee is so extended, such employee's responsibility to become
and
remain a member of the Union in good standing as a condition of employment
after sixty (60) days shall not be affected; and any benefits of
the
contract such as holiday pay and insurance coverage shall accrue
to such-
employee at the end of the initial sixty day
period.
|
ARTICLE
II
REPRESENTATION,
GRIEVANCES AND ARBITRATION
Section
1. Stewards:
The
Company agrees to recognize the Chief Xxxxxxx and Shop Stewards selected by
the
Union in accordance with the Union rules and regulations. Such Chief Xxxxxxx
and
Stewards may act as a grievance committee at the request of, and with, the
Business Manager of the Union, or his/her representative. The Union will notify
the Company as to the identity of such Chief Xxxxxxx or Stewards and the Company
shall not be required to recognize any other employees in the adjustment of
complaints than those whose names are furnished to the Company as aforesaid.
Such Chief Xxxxxxx and Stewards shall be granted a reasonable amount of time
during working hours for the purpose of investigating and adjusting complaints,
provided however, that such Chief Xxxxxxx and Stewards shall not leave their
work without the permission of the immediate supervisor. Such permission,
however, shall not be arbitrarily withheld. The Chief Xxxxxxx and Stewards
shall
be granted top seniority in their respective departments for the purpose of
layoffs and recalls.
Section
2. Grievance Procedure:
Any
grievance arising during the life of this contract pertaining to wages, hours
of
work and working conditions of employees in the bargaining unit shall be subject
to the procedures outlined below:
Either
the Company or the Union or any employee (or Xxxxxxx, Chief Xxxxxxx or Business
Representative in his/her behalf) may file grievances. Grievances of the Company
or Union shall be
4
presented
directly to the other in writing. Grievances of the employees shall be reduced
to writing on grievance forms provided by the Union. All answers by the Company
shall likewise be in writing. Grievances will be handled as
follows:
Step
1.
|
The
employee, his/her Xxxxxxx or both, shall present the matter in dispute
for
settlement to his/her Supervisor. If the Supervisor's decision is
not
satisfactory or is not given within three (3) working days, Step
2 will be
followed.
|
Step
2.
|
Such
grievance shall then be presented by the Chief Xxxxxxx within three
(3)
working days after the Supervisor's unsatisfactory decision or failure
to
give a decision, whichever is applicable, to the Department Head.
If the
Department Head's decision is not satisfactory or is not given within
three (3) working days, Step 3 will be
followed.
|
Step
3.
|
Such
grievance shall then be presented by the Business Representative
of the
Union within five (5) working days from receipt of the Department
Head's
unsatisfactory decision or failure to give a decision, whichever
is
applicable, to the Human Resources Director who shall give his/her
answer
not later than five (5) working days after the presentation of the
grievance to him/her.
|
If
the
decision of the Human Resources Director is not satisfactory, such grievance
will be discussed by the Business Manager of the Union and the Human Resources
Director within five (5) working days after receipt by the Business Manager
of
the unsatisfactory answer by the Human Resources Director. In the event the
Company and the Union are unable to settle any grievance under the procedures
outlined above, the grievance shall be further processed under Section 3 -
Arbitration - of this Article.
A
grievance must be filed no later than five (5) working days after the occurrence
of the event in which it is predicated, except in instances where the employee,
or his/her Xxxxxxx or Chief Xxxxxxx, could not reasonably have been expected
to
be aware of the occurrence of the grievance. A failure to file a grievance
within the period specified shall be deemed a waiver of such matter. In all
cases of grievances relating to time not worked, the Company shall be
responsible only for the actual loss sustained by an employee. Any settlement
of
any grievance between the Company and a Xxxxxxx, Chief Xxxxxxx, or Business
Representative in Steps 1, 2, and 3 above will not be final until reviewed
and
approved by the Business Manager of the Union or his/her designated
representative. The Company may consider the matter closed unless it has been
otherwise notified by the Business Manager of the Union or his/her
5
delegated
representative within ten (10) days after notice bas been given him/her of
the
terms and conditions of the proposed grievance settlement.
An
employee may be discharged or disciplined for cause. However, in case any
employee, or the Union in his/her behalf, claims that he/she has been
unjustifiably discharged or disciplined, a written complaint shall be filed
within five (5) working days from the date of his/her discharge or discipline.
Such complaint or grievance shall start under Step 2 above. Prior to the
discharge or disciplining of an employee (except in cases of an employee under
the influence of alcohol, drugs, etc., or theft or sabotage), the Chief Xxxxxxx
shall be notified and given the opportunity to discuss the discharge or
discipline. In case of discharge or discipline for being under the influence
of
alcohol, drugs, etc., or for theft or sabotage, the Chief Xxxxxxx shall be
notified Immediately after the discharge.
Section
3. Arbitration:
In the
event that the grievance or complaint cannot be adjusted in any of the foregoing
steps, the matter may, at the request of either party, be submitted for final
and binding arbitration by an impartial arbitrator who shall be chosen by mutual
agreement of the Company and the Union. In the event that the Company and the
Union are unable to agree upon an arbitrator, the parties will request the
Federal- Mediation and Conciliation Service to submit a panel of nine (9)
qualified arbitrators. Both the Company and the Union shall have the right
to
strike four (4) names from the panel submitted to the parties. The remaining
name on the panel shall then become the impartial arbitrator. In the
consideration of discipline or discharge cases, the arbitrator shall have
authority and jurisdiction to direct the payment of back pay for lost time
resulting from discharge. The arbitrator's decision shall be final and binding
upon all parties. However, an arbitrator shall have no power or authority to
add
to, alter, or modify the terms of this Agreement or any supplementary agreement
made between the parties hereto. The expenses of arbitration (except those
of
the respective parties) shall be borne equally between the Company and the
Union.
Section
4. No Strikes or Lockouts:
There
shall be no strikes, refusal to work or slowdown by the Union during the life
of
this Agreement, and there shall be no lockout on the part of the Company, unless
either the Company or the Union should refuse to participate in arbitration
proceedings or abide by the decision of an arbitrator, in accordance with
Section 3 of this Article. Should there be such refusal by
6
either
the Company or the Union, this Section, at the option of the other party, shall
be deemed inapplicable. There shall be no liability on the part of the Union
for
unauthorized strikes, stoppages or slowdowns, by any of the employees, but
the
Company shall have the right to discipline or discharge any employee who
initiates, instigates, or participates in such unauthorized strikes, stoppages,
or slowdowns. In consideration of this Agreement, the Union agrees not to xxx
the Company, its officers or representatives, and the Company agrees not to
xxx
the Union, its officers, agents, or members in connection with any labor
relations matters in any court of law or equity. The parties agree that the
sole
procedure for settlement of any disputes concerning labor relations matters
between the Company and the Union shall be the grievance and arbitration
procedure hereof.
ARTICLE
III
HOURS
OF WORK AND OVERTIME
Section
1. Regular Workweek:
The
regular workweek shall consist of forty (40) hours on a schedule of eight (8)
hours per day Monday through Friday.
Section
2. No Staggering:
The
working day shall be continuous and employees shall not be compelled to lay
off
work for any period of time during the day and to resume work thereafter during
the same day except in the case of lunch period or rest period.
Section
3. Changing Workweek:
Any
changes in the regular workweek shall be by mutual agreement between the Company
and the Union. The Company reserves the right to change regularly scheduled
starting and quitting hours under emergency conditions, in which event the
time
worked before normal starting time or after the normal quitting time will not
be
considered overtime work payable at one and one-half (1½) time the employee's
straight-time rate unless more than eight (8) hours of work are performed in
a
day or unless an employee is prevented from performing eight (8) hours of work
for reasons of the Company's convenience rather than for circumstances beyond
the control of the Company.
Section
4. Overtime:
All work
performed in excess of eight (8) hours in any one (1) day, and all work
performed on Saturday, and all work performed prior to the employee's regular
hour for starting or
7
after
the
employee's regular hour for quitting shall be considered overtime and shall
be
compensated for on the basis of one and one-half (11/2) times the employees
straight time rate. All work performed on Sunday shall be compensated for at
two
(2) times the employees straight time rate.
Section
5. Shift Premiums:
Work
performed on the second (or afternoon) shift shall be paid for at the rate
of
ten (10%) percent more than the rate paid for similar work on the first (or
day)
shift. Work performed on the third (or night) shift shall be paid for at the
rate of fifteen (15%) percent more than the rate paid for similar work on the
first (or day) shift. In ascertaining the vacation or holiday benefits to which
an employee may be entitled, the shift premium shall be included in the
computations.
Section
6. Preference of Shifts and Overtime:
When a
preference of shifts is available on account of the occurrence of a vacancy,
preference will be given on the basis of seniority and preference in the
assignment of overtime should be based on the following formula:
(a)
|
Overtime
on a job shall be assigned to those regularly doing that job in their
respective departments pursuant to the principle of "line
intact".
|
(b)
|
If
additional help is required, employees with the greatest seniority
in
their classification in the department concerned and capable of doing
the
job in that department will be
selected.
|
(c)
|
In
the event no qualified employees wish the overtime assignment, it
shall be
assigned to and worked by the junior
employee.
|
(d)
|
If
necessary to go outside of that particular department, plant wide
seniority will prevail if capable of doing the
job.
|
(e)
|
In
the event an employee is requested by the Company to work overtime,
daily
or Saturday, and he/she agrees to perform the overtime work but:
(1) fails
to notify the Company of his/her inability to report to work; or
(ii)
fails to give good cause explaining his/her inability to report for
work;
or (iii) fails to report for work, the employee shall not be permitted
to
work any overtime in any department for a period not to exceed thirty
(30)
days following the time the employee was requested to perform the
overtime
work.
|
Section
7. Lunch Period:
There
shall be an allowance of a lunch period near the middle of a work shift of
thirty (30) consecutive minutes.
8
Section
8. Rest Periods:
On each
shift of the day there shall be a ten (10) minute rest period for each four
(4)
hours worked without deduction in pay.
Section
9. Reporting Pay:
Employees who report for work in person and have not been previously notified
not to report shall receive four (4) hours' work or the equivalent in pay,
based
upon their regular straight time hourly rate of pay, except in case of an
emergency beyond the control of the Company.
Section
10. Call-Back Pay:
An
employee who has left the plant and is called back to work shall work and
receive no less than four (4) hours of overtime pay at his/her regular straight
time rate of pay, or the applicable straight time rate of pay for the job
performed, whichever is greater.
Section
11. No Pyramiding:
In no
event shall overtime or premium pay provided for in this Article be pyramided
or
duplicated. Only the applicable provision yielding the largest amount of pay
shall be applied and such payment shall satisfy the requirements of all other
applicable provisions. This limitation, however, does not apply to shift
premiums.
ARTICLE
IV
SENIORITY
Section
1. Basis of Seniority:
Each
employee will have seniority standing in the plant equal to the employee's
total
length of service with the Company in the bargaining unit, dated from his/her
first day of last continuous employment therein except as provided in Sections
3, 11, and 12 of this Article.
Section
2. Effect of Seniority:
Except
as provided in Section 6 of Article III and Section 7 of this Article, in all
cases of increase or decrease of forces, transfer, promotion, or demotion of
employees and preference in the selection of shifts, plant-wide seniority shall
prevail, provided the employees possess sufficient skill and ability to
satisfactorily perform the work to be done.
9
Where
new
equipment or added responsibilities are added to existing job classifications,
the Company, in the event of a reduction in force, shall go strictly by
seniority, regardless of the lack of experience of the senior employee. The
Company shall train as needed to retain the senior employees.
Section
3. Seniority Lists:
The
Company will furnish to the Union immediately after the signing of this
Agreement, a Seniority List and will post copies of such list on the bulletin
boards in the plant. The list is to be revised at six (6) month
intervals.
The
Company will also furnish to the Union monthly a list of additions to and
deletions from the Seniority List.
(a)
|
Except
as otherwise provided in this Agreement, the Seniority List is to
be used
to determine an employee's seniority as to layoffs, recalls, promotions
and demotions. An employee shall have his/her seniority date computed
from
his/her original date of employment in the bargaining unit, in determining
the employee's seniority in cases of layoffs, recalls, promotions
and
demotions.
|
(b)
|
The
Seniority List is to be used to determine which bracket in the vacation
schedule is applicable. Since an employee's vacation is based on
his/her
length of service with the Company, his/her original hiring date
or date
of rehire will determine the length of his/her vacation. The amount
of
vacation pay for any one (1) year may be adjusted to comply with
the
minimum hours provision in this Agreement, but such adjustment shall
not
affect a succeeding year or years.
|
(c)
|
Employees
having the same seniority (hired on the same date) will, if necessary,
be
rated by the Company based on their attendance and tardiness record.
The
employee with the least number of day absences in the contract year
would
be rated as having the most seniority. If no seniority can be determined
by attendance, then the employee with the least amount of tardiness
in the
contract year will be rated as having the most
seniority.
|
Section
4. Temporary Layoffs:
The
parties recognize the necessity of temporary layoffs caused by shortage of
materials or other reasons. It is, therefore, mutually agreed that such
temporary layoffs may be made from time to time without regard to plant-wide
seniority programs embodied in the contract. It is further agreed, however,
that
the number of hours each such employee may be laid off on such temporary layoff
shall be recorded and no individual employee may be laid off on such temporary
layoff without regard to seniority in excess of sixty (60) hours in each six
month period of a contract year without any carry over from one six-month period
to the next. When an individual employee would exceed that amount, then the
Company is obligated to place him/her on another job in accordance with
plant-wide
10
seniority,
provided such employee possesses sufficient ability, skill and experience to
satisfactorily perform the work available.
Section
5. Temporary Transfers:
For
periods of work not exceeding eighty (80) hours the Company may transfer or
assign employees temporarily, on a voluntary basis, but subject to plant
seniority in the class from which they are being transferred, to work in job
classifications in which they do not hold a regular job assignment, but have
sufficient skill and ability to satisfactorily perform the work. Such employees
shall be paid as follows:
(a)
|
If
temporarily assigned to a job in a higher labor grade, the employee
shall
be paid, for the time involved, the next higher rate above his/her
regular
job rate in the progression scale for the higher
grade.
|
(b)
|
If
temporarily assigned to a job in a lower labor grade, the employee
shall
be paid his/her regular job rate.
|
Section
6. Option:
Any
employee who is subject to demotion or transfer because of material shortage,
curtailment of work or similar reasons, may have the option of accepting such
demotion or taking a layoff until there is sufficient work in his/her regular
classification. An employee who accepts such demotion or transfer may exercise
such option up to four (4) weeks after the transfer or demotion, but he/she
must
give four (4) days' notice to the Company before he/she may exercise the option
to take a voluntary layoff under this provision.
Section
7. Demotion:
(a)
|
In
the event of a reduction in force, or reduction in the work force
of a job
classification, all probationary employees in the classification
shall
first be removed from the classification or laid off. If further
reduction
is required;
|
(b)
|
Employees
below the maximum rate in their respective classification shall be
removed
beginning with the lowest wage group in such classification based
upon
their plant seniority.
|
(c)
|
Employees
effected by a reduction in force of job classifications five (5)
or above
first shall be offered a position which they bad previously held
provided
that they have sufficient seniority to displace an existing employee
in
the particular job classification and they have not previously "signed
off" during the life of this agreement on that job classification.
If an
employee does not have the seniority to be transferred to a previously
held job classification in a higher classification, the employee
shall be
offered a previously held job
|
11
classification
in a lower classification. If the employee does not have sufficient seniority
for any previously held job classification, the employee shall be given an
option to be transferred to a position in classification four (4) or below,
provided that the employee has sufficient seniority to displace an individual
currently working in the particular job classification. Employees not having
sufficient seniority for a previously held job classification or any position
in
job classification four (4) or below shall be laid off in accordance with
contractual requirements.
(d)
|
Employees
working in job classification four (4) or below during a reduction
in
force in those classifications shall first be offered a previously
held
position if they have sufficient seniority to displace an individual
from
the particular job classification. Otherwise, the employee shall
be
transferred to another job classification within classifications
four (4)
or below for which the employee has sufficient seniority to displace
an
employee of lesser plant seniority. If the employee does not have
seniority to displace any individual in job classification four (4)
or
below, the employee shall be laid off in accordance with contractual
requirements.
|
(e)
|
All
employees transferred during a reduction in force to another job
classification which they have not previously performed shall be
subject
to a three (3) day qualifying period. During this time, the employee
may
elect to relinquish the position for any reason and/or "sign-off"
the job
classification. An employee who voluntarily elects to relinquish
a
position by signing off the job classification shall be laid off.
During
this three (3) day qualifying period the Company reserves the right
to
determine in its sole discretion whether an employee can adequately
perform a particular job within the three (3) day qualifying period
and
the Company may then decide to lay off the employee. An employee
who
signed off voluntarily shall not be permitted to transfer to that
job
classification in the event of a future reduction in force for the
life of
this Agreement. An employee laid-off by the Company for being unable
to
adequately perform the job classification shall not be permitted
to
transfer to that job classification in the event of a future reduction
in
force until the employee provides that he/she possesses sufficient
skill
and ability to satisfactorily perform the work to be done.
|
(f)
|
All
recalls during an increase in the work force shall be made in reverse
order of seniority and pursuant to the applicable subsections of
Article
IV, Section 7 and 8. If there are vacancies in job classifications
which
they have previously performed, unless they have sufficient seniority
to
return to the classification from which they were originally removed
as
the need for additional employees in such job classifications presents
itself, they will be given an opportunity to fill such vacancies.
An
employee with seniority may be recalled to Code 4 or lower even though
he/she has not previously performed the work in such
classification.
|
Section
8. Rights on Recall:
Any
employee being recalled after a layoff shall be assured at least two (2)
straight weeks of employment at the regular workweek schedule. In the event
the
Company has recalled an employee with such assurance, and then because of
conditions over which the Company has no control (such as, but not limited
to,
power failure inability to acquire machinery and equipment to replace
12
worn
out
machinery and equipment, bona fide material shortages over which the Company
has
no control), the Company is unable to furnish such two (2) weeks of employment,
the Company shall not be bound by this provision. In the event the Company
does
not assure such two (2) weeks of employment at the normal scheduled number
of
hours per week, the employee may elect to not return until such time as the
Company does assure two (2) such consecutive weeks of employment at the normal
scheduled number of hours per week without loss of seniority status. In the
event the employee does elect not to return, that employee shall notify the
Company by telegraphic message or registered mail or in person to that effect
so
that the Company may keep an accurate record of the employees who still wish
to
retain seniority status. In the event the employee fails to notify the Company
of his/her election not to return as herein provided, and fails to report as
specified under Section 13(h) of this Article IV, the employee shall be regarded
as having resigned.
Section
9. Skill and Ability:
Every
employee who has completed his/her trial period shall, for the purpose of this
Article, be deemed to have sufficient skill and ability to perform any common
labor or common assembly job - Code 4 and below.
Section
10. Vacancies:
In the
event that a permanent job vacancy develops in a classification covered by
this
Agreement, other than common labor or assembly, a notice of such vacancy shall
be bulletined for a period of two (2) working days.
The
bulletin shall contain the job title, the maximum rate to be paid for the job,
and a brief description of the job to be performed. Should additional personnel
be required for a job within thirty (30) days of the time the job was last
posted, the Company shall not be required to bulletin again such job until
expiration of the thirty (30) day period. It is understood that within such
thirty (30) day period the Company may take such steps as are necessary to
fill
such open jobs, provided no qualified employees have bid or are available.
However, if an employee is not currently working on the days the open job is
posted, but returns to work within the thirty (30) day period referred to above,
he/she may apply for such posted job and will be considered for such posted
job
vacancies still remaining open. Employees with seniority who desire promotions
to posted higher rated classifications shall, during the period that such
vacancy is bulletined, file a form provided by their Supervisor for this
purpose. If applicants with
13
qualifications
sufficient to perform the work satisfactorily have made application for the
bulletined job, the qualified applicant with the greatest plant seniority shall
be selected. It is intended that whenever possible promotions shall be made
within the ranks and according to seniority. The Company may fill a posted
vacancy until it has been determined by the Company that there are applicants
who possess the qualifications required. The Company may offer a posted vacancy
to a new employee who did not apply, or may hire a new employee for such vacancy
in the event the applicants for the posted vacancy do not possess sufficient
qualifications to satisfactorily perform the job.
It
is
understood that employees who have bid upon, have been accepted, and are working
on the posted job will not be eligible to bid on an additional posted job for
a
period of three (3) months following the time the job for which they were
accepted was posted.
The
successful bidder for a posted job opening shall have the option to return
to
his/her former job within a period of two (2) weeks following the first day
worked in the posted job opening. The Company shall have the option, within
the
same two (2) week period to return such successful employee to his/her former
job in the event such employee cannot satisfactorily perform the work required
to be done. The successful bidder for a posted job opening shall receive
retroactive pay from the first day worked in the posted job opening who
successfully completes the two (2) week trial period.
Section
11. On-the-Job Training:
Employees who bid on posted jobs, but do not possess sufficient qualifications
to be selected, may be considered for training under the following
procedures:
(a)
|
The
number to be considered for training will be in relation to the number
needed to fill the posting at the time of
posting.
|
(b)
|
Selection
for training will be on the basis of related education, prior employment
experience, current employment experience as related to the training
to be
given. Qualifications being comparable, seniority will
govern.
|
(c)
|
Evaluation
of qualifications for training, as well as the progress of the trainee,
will be determined by the Company.
|
(d)
|
A
trainee who is unable to progress satisfactorily will be returned
to
his/her prior classification without loss of
seniority.
|
14
Section
12. Leaves of Absence:
(a)
|
The
Company may grant leaves of absence without pay to all regular employees
of the Company for good cause, taking into consideration not only
the
personal problems of the employee but also the Company's operational
needs
for production. Such leaves for good cause other than for medical
reasons
shall not exceed ninety (90) days except for Union activity, which
may be
indefinite. Leaves of absence for illness will be granted for such
periods
as have been recommended by competent medical authority but not to
exceed
one (1) year. In the event an employee is hospitalized in excess
of seven
(7) days, an automatic leave of absence shall be granted up to thirty
(30)days, provided that the Human Resources Director of the Company
is
notified of the hospitalization within three (3) working days from
the
last day worked. Any other request for leave of absence for illness
must
be made by an employee on forms provided by the Company and must
be
accompanied by a report from the employee's doctor recommending the
time
required for leave of absence.
|
(b)
|
Because
pregnancy by itself is not a disabling condition for any fixed period
of
time, the Company agrees to grant maternity leaves of absence based
upon
the medical opinion of the employee's physician. The leave of absence
shall begin when it is determined by the employee's physician that
the
employee is no longer able to perform those duties characteristic
of her
position. The leave shall continue until, and only until, the employee,
on
the basis of her physician's opinion, is able to return to work,
not to
exceed one (1) year.
|
(c)
|
Employees
on a bona fide leave of absence, when returning to work, shall return
to
their former classification if such work is being performed. Application
forms of all leaves of absence must be completed and be submitted
to the
Company within five (5) working days from their last day worked or
their
date of recall, and such application for leaves shall be required
for any
period of seven (7) or more consecutive calendar days in which the
employee is out of the service of the
Company.
|
d)
|
Employees
granted a leave of absence will not be asked or required to use their
remaining vacation days left before granting said
leave.
|
Section
13. Loss of Seniority:
An
employee shall lose his/her seniority when any of the following
occur:
(a)
|
Discharge
for cause.
|
(b)
|
Quitting.
|
(c)
|
Absence
from work for three (3) working days without notifying the Human
Resources
Department of the Company.
|
(d)
|
Failure
to apply for a leave of absence as
required.
|
15
(e)
|
Exceeding
leave of absence without notification to the Human Resources Department
presenting good cause.
|
(f)
|
Working
for another employer for wages while on leave of absence (this does
not
apply to leaves of absence for Union activity or
layoffs).
|
(g)
|
Layoff
or sick leave for a continuous period in excess of one (1) year for
purposes of seniority only.
|
(h)
|
Failure
to report for work on recall or to notify the Human Resources Department
of intention to report within three (3) regularly scheduled working
days
following the date notification is sent by mailgram or certified
letter to
the employee's last known address registered with the Human Resources
Department.
|
Section
14. Promotion to Exempt Positions:
Any
employee covered by this Agreement who is transferred to a supervisory position
outside of the bargaining unit, shall retain his/her seniority as of the date
of
transfer. Any employee who is, or has been, employed in a supervisory position
outside of the bargaining unit, shall not accumulate seniority in the bargaining
unit while so employed.
ARTICLE
V
VACATIONS
AND HOLIDAYS
Section
1. Eligibility and Amount of Vacation:
The
Company will grant vacation with pay to each employee in accordance with the
following schedule:
(a)
|
All
employees who on June 1st have been employed by the Company (in or
out of
the bargaining unit) six (6) months or more but less than twelve
(12)
months, shall be granted one-half (1/2) week's vacation with
pay;
|
(b)
|
All
employees who on June 1st have been employed by the Company (in or
out of
the bargaining unit) for a period of twelve (12) or more months,
but less
than two (2) years, shall be granted one (1) week's vacation with
pay;
|
(c)
|
All
employees who on June 1st have been employed by the Company (in or
out of
the bargaining unit) for two (2) years or more, but less than ten
(10)
years, shall be granted two (2) weeks' vacation with
pay;
|
16
(d)
|
All
employees who on June 1st have been employed by the Company (in or
out of
the bargaining unit) ten (10) years or more, but less than fifteen
(15)
years, shall be granted three (3) weeks' vacation with
pay;
|
(e)
|
All
employees who on June 1st have been employed by the Company, (in
or out of
the bargaining unit), fifteen (15) years, but less than twenty-five
(25)
years, shall be granted four (4) weeks vacation with
pay;
|
(f)
|
All
employees who on June 1st have been employed by the Company (in or
out of
the bargaining unit) twenty-five (25) years or more, shall be granted
five
(5) week's vacation with pay;
|
(g)
|
Additional
vacation with pay shall be granted to those employees who as of December
31, have accrued seniority which would entitle them to additional
vacation
benefits over those to which they were entitled on the preceding
June 1.
The same limitations and requirements as prescribed for in Article
V
shall- also apply and the date, June 1, shall be replaced by the
date
December 31, where appropriate.
|
Section
2. Minimum Hours:
(a)
|
Employees
with seniority (in or out of the bargaining unit). One (1) year or
more.
To qualify for full vacation benefits, the employee, as of June 1st
with
seniority, must have worked, or have been available for work eighty
(80%)
percent of the work year prior to June 1st. Time off due to occupational
injury, jury duty or layoff shall be considered as time available
for
work. No vacation benefits shall be paid to an employee who has worked
less than thirty (30%) percent of the work year prior to June 1st.
An
employee who has worked more than thirty (30%) percent of the work
year,
but has worked or been available for work less than eighty (80%)
percent
of the work year prior to June 1st, will be granted a vacation which
will
be equal to his/her vacation bracket multiplied by the percentage
of time
worked and time available for work.
|
If
an
employee is on layoff, in military service, or bona fide leave of absence as
of
June 1st, he/she shall be paid at vacation time, the same portion of his/her
vacation as the time actually worked bears to the work year, When he/she is
recalled he/she must return within three (3) working days and work at least
two
(2) weeks. If he/she does so, he/she shall then receive the unpaid balance
of
his/her vacation benefit to which he/she is entitled.
(b)
|
Employees
with seniority (in or out of the bargaining unit) of at least six
(6)
months, but less than one (1) year. To qualify for full vacation
benefits
the employee, as of June 1st with seniority, must have worked
(availability for work does not apply) eighty (80%) percent of the
time
from date of employment to June 1st. An employee who has worked more
than
thirty (30%) percent but less than eighty (80%) percent of the time
from
date of employment to June 1st, will be granted a vacation equal
to twenty
(20) hours multiplied by the percentage of time actually worked.
No
vacation benefits will be paid to an employee who has worked less
than
thirty (30%) percent of the time from date of employment to June
1st.
|
17
Section
3. Computation of Vacation Pay:
In
computing vacation benefits, one (1) week's vacation with pay shall be
equivalent to five (5) working days, and eight (8) hours' pay shall be
equivalent to one (1) working day. If the employee is paid at a flat hourly
rate, the vacation pay shall be at the highest rate earned for at least thirty
(30) consecutive days during the year prior to June 1st, including shift
premiums, if any.
Section
4. Scheduling of Vacations:
Prior to
May 1st of each calendar year, departmental heads will consult with all
employees entitled to vacations and from such consultations the Company shall
establish a working schedule agreeable to the Union for the vacation period.
In
determining vacation schedules, the Company will respect the seniority and
wishes of the employee to the extent that its needs will permit. (a) The
vacation season for those employees eligible for more than two (2) weeks
vacation with pay, shall be during the twelve (12) month period beginning on
January 1st. (b) The vacation season, for those employees hired between June
2
and prior to December 31, eligible for additional vacation with pay, shall
be
taken between their hire date and December 31. The Company may elect to close
the plant for a specified vacation period.
Section
5. Date Due:
Vacation
pay which bas been earned, in accordance with this Article, shall be paid to
the
employee on the payday immediately preceding the start of each employee's
vacation.
Section
6. Consecutive Days, Etc.:
All
vacations of two (2) weeks or less shall be taken on consecutive days unless
the
Company and the employee agree on a different division of the vacation time.
If
an employee is eligible for a vacation in excess of two (2) weeks, or additional
vacation, his/her vacation schedule for such an additional vacation, if any,
shall be determined pursuant to Section 4 of this Article. Vacations shall
not
be changed without thirty (30) days notice, or the consent of the employee
involved. If any employee voluntarily responds to a Company request to return
from his/her vacation prior to its expiration date, he/she shall be reimbursed
for all out-of-pocket expense in connection with such recall and allotted an
additional vacation period for the untaken vacation time.
18
Section
7. Retiree Pro-rata Vacation Pay:
Any
employee who retires prior to June 1st of any calendar year at the retirement
age prescribed by the Social Security laws of the United States and who has
given to the Company a two (2) month notice in writing in advance of his/her
intention to do so shall be paid the pro-rata vacation pay earned by such
employee, the amount of which is to be determined by provisions of Section
1, 2,
and 3 of Article V.
Section
8. Holidays and Holiday Pay:
Employees who qualify hereunder shall be paid for eight (8) hours straight-time
pay for each of the following holidays or the dates on which they are observed,
though no work shall be performed on such days:
New
Years' Day
|
Fourth
of July
|
Xx.
Xxxxxx Xxxxxx Xxxx'x Birthday
|
Labor
Day
|
Washington's
Birthday
|
Thanksgiving
Day
|
Good
Friday
|
Friday
after Thanksgiving Day
|
Memorial
Day
|
One
Floating Holiday - See Section 9 below
|
Christmas
Eve Day
|
|
Christmas
Day
|
Employees
who work on said holidays shall be paid, in addition to eight (8) hours holiday
pay, double time for all time worked. An employee shall be eligible for holiday
pay who shall have been employed for a period of sixty (60) calendar days before
such holiday and has met one of the following additional
conditions:
(a)
|
Worked
the regularly scheduled workday preceding and the regularly scheduled
workday succeeding the holiday, unless an absence for one of such
days
shall be excused for good cause, substantiated by the employee,
or
|
(b)
|
Been
at work in the two (2) weeks preceding said holiday and laid off
during
such preceding two (2) weeks, or
|
(c)
|
Is
on a bona fide leave of absence starting within the two (2) weeks
immediately preceding such holiday, or on the workday immediately
following such holiday, or
|
(d)
|
If
no work is scheduled between two (2) holidays, to be eligible for
pay for
both holidays, an employee must work his/her preceding scheduled
workday
and his/her scheduled workday succeeding such holidays. To be eligible
for
pay for one (1) of the holidays, an employee must work either his/her
scheduled workday preceding the first holiday or his/her scheduled
workday
succeeding the second holiday.
|
19
(e)
|
An
employee who fails to work any portion of the last hour on the regularly
scheduled workday preceding and the regularly scheduled workday succeeding
a holiday or holidays, shall not lose holiday pay for such holidays
if
excused by the Company for good
cause.
|
Section
9. Floating Holiday:
Subject
to the eligibility requirements for holiday pay, the recognized holidays
hereunder shall include one (1) additional holiday, designated as a "floating
holiday". The Company shall select the day on which such holiday will be
observed and shall give not less than two (2) weeks notice prior to the date
on
which such floating holiday will be celebrated.
ARTICLE
VI
WAGES
Section
1. Rates:
Effective July 3, 2006 each employee shall receive an immediate bonus of one
hundred and fifty dollars ($150). Effective July 2, 2007 each employee shall
receive an additional two percent (2%) increase in his/her straight time hourly
rate of pay plus any cost of living adjustment. Effective June 30, 2008 each
employee shall receive an additional two percent (2%) increase in his/her
straight time hourly rate of pay plus any cost of living adjustment. The wage
rate, to be paid under the terms of this Agreement to employees in each
occupational classification, are those appearing in Appendix "A" which reflect
said wage increase and is attached hereto and made a part hereof. Such rates
are
minimum rates of pay only. The Company may not pay less than those rates, but
nothing in this Agreement shall prevent the payment of rates higher than those
listed in said schedule.
Section
2. Cost of Living: If
for
the month of May 2007, the Revised Consumer Price Index for Urban Wage Earners
and Clerical Workers, all items for Chicago published by the Bureau of Labor
Statistics of the U.S. Department of Labor (or any successor agency thereto)
(1967 = 100) has increased by more than four (4) points above said Index for
the
month of May 2006, then one (1¢) cent shall be added to the hourly wage rates as
set forth in Appendix "A" hereof and which are in effect from July 1, 2007
until
July 1, 2008 for each full four-tenths (.4) of a point which said Index has
risen above said four (4) points up to a maximum of fifteen (15¢)
cents.
If
for
the month of May 2008 said Index has increased by more than four (4) points
above said Index for the month of May 2007, then one (1¢) cent shall be added to
the hourly wage rates as set forth in
20
Appendix
"A" hereof and which are in effect from July 1, 2008 until July 1, 2009 for
each
full four-tenths (.4) of a point which said Index has risen above said four
(4)
points up to a maximum of fifteen (15¢) cents.
Section
3. New Classifications:
Prior to
establishing a new classification, the Union shall be advised of the Company's
intention and the rate which the Company wishes to apply. After thirty (30)
days
of operation but before sixty (60) days, either party may request negotiations
on the rate for the new classification. The rate resulting from these
negotiations shall become the permanent rate. In the event no request is made
to
negotiate a change in the rate as to the new classification, it is understood
that the established rate shall be the effective rate.
Section
4. Upgrading:.
An
employee being upgraded, who has not previously worked in the classification
to
which he/she is upgraded, shall be placed in the next higher rate in the
progression plan of the new classification above the rate being paid to such
employee prior to the upgrading. If the employee has previously worked in the
classification to which he/she is upgraded, he/she shall receive the rate to
which the amount of his/her previous experience entitles him/her. Such changes
in the rate shall be paid retroactive from the first day worked following such
transfer who successfully completes the two (2) week trial period. To be
eligible for a rate change, an employee must have worked at least four hundred
(400) hours and a period of at least thirteen (13) weeks shall have elapsed
since his/her first employment or his/her last classification
change.
Section
5. New Experienced Employees:
New
employees who have worked during the last eighteen (18) months in the type
of
work available and whose previous experience can be verified shall be placed
on
two (2) weeks trial period at the starting rate of pay in their respective
classifications and at the expiration of such trial period, if retained in
the
employ of the Company, shall be given credit in the automatic progression plan,
as outlined in Appendix "A" hereof for their proved experience in similar
work.
Section
6. Payday:
Wages
shall be paid on Friday of each week and shall include all work performed up
until twelve (12) midnight of the previous Sunday.
21
Section
7. Piece Work:
If the
Company utilizes a piece work incentive or bonus plan, the operations of such
a
plan shall be covered by the provisions of Appendix "C" hereof.
Section
8. Pension Plan:
During
the term of this Agreement, the Company shall maintain for each of the employees
covered by this Agreement a Pension Benefits Plan. The Company and the Union
have agreed to a pension benefits plan named the National Integrated Group
Pension Plan.
The
employee pension plan is funded solely by the Company and the contribution
rate
is based on cents per hour paid as follows:
Effective
July 3, 2006
- fifty
cents (50¢) per hour will be contributed for each employee based upon hours paid
of this Agreement.
Effective
July 2, 2007
- an
additional five cents (5¢) per hour will be contributed for a new total of
fifty-five cents (55¢) based upon all hours paid during the second year of this
Agreement.
Effective
June 30, 2008 -
an
additional five cents (5¢) per hour will be contributed for a new total of sixty
cents (60¢) based upon all hours paid during the third year of this
Agreement.
ARTICLE
VII
INSURANCE
During
the term of this Agreement, the Company will maintain for the employees covered
by this Agreement, an insurance policy with a responsible insurance company
with
coverages and provisions set forth in Appendix "B" of this Agreement. The
premium per week per employee, one (1) dependent and family coverage is
guaranteed for the first year of this contract.
Effective
July 31, 2006:
|
|||
HMO
Plan:
|
Employee
|
-
|
$12.48
per week
|
Employee
+ 1 Dependent
|
-
|
$24.68
per week
|
|
Family
|
-
|
$37.17
per week
|
|
PPO
Plan:
|
Employee
|
-
|
$35.33
per week
|
Employee
+ 1 Dependent
|
-
|
$77.54
per week
|
|
Family
|
-
|
$127.91
per week
|
22
For
the
second and third years of the contract, any premium increase over seven percent
(7%) will be shared on a 50/50 basis.
This
article applies only to employees with sixty (60) days or more of seniority
but
does not apply to part-time employees.
ARTICLE
VIII
GENERAL
PROVISIONS
Section
1. Saving Clause:
All
benefits affecting the employees covered by this Agreement presently in effect
and which are not definitely referred to or changed herein, shall remain in
effect during the life of this contract.
Section
2. Bulletin Board:
A
bulletin board will be provided by the Company for the Union's use. The Union
shall have the privilege of posting notices concerning its official business
and
social activities upon such bulletin board. Where the size of the plant requires
it, more than one (1) bulletin board will be furnished by the
Company.
Section
3. Election Day: In conformity with the laws of the State of Illinois, employees
who are legitimate registered voters will be given time off not to exceed two
(2) hours for voting at general elections. At the time of an election in which
a
President of the United States will be selected, employees will be given paid
time off not to exceed two (2) hours.
Section
4. Supervisors:
Departmental production supervisors shall not engage in production work, except
such production work may be undertaken when instructing new employees, breaking
in a new job, correcting faults of production procedures and dealing with
emergencies.
Section
5. Right of Access:
Authorized Union officers or representatives shall have access to the factory
during business hours upon reasonable notification to the Company for
investigation and adjustment of matters covered by or arising under this
Agreement.
23
Section
6. Conflict with State and Federal Law:
Should
any provision of this Agreement be declared illegal by any court of competent
jurisdiction such provision shall immediately become null and void leaving
the
remainder of the Agreement in full force and effect and the parties shall
thereupon seek to negotiate substitute provisions which are in conformity with
the applicable law.
Section
7. Female Employees:
There
shall be equal pay for equal work performed regardless of the sex of the
employee. There shall be no discrimination in wages, hours, or other terms
or
conditions of employment, or in training or upgrading, on account of the sex
or
marital status of the employee.
Section
8. Paid Leave of Absence:
In
instances of the death of a member of the immediate family of a regular
employee, the Company will, where required, grant a paid leave of up to three
(3) regular working days to enable such employee to attend the funeral and
otherwise assist in arrangements pertaining to the burial of such member of
the
family. An employee who travels a long distance to attend a funeral or services
shall be authorized one (1) additional day following the funeral or services,
but not to exceed three (3) days pay. Each day's pay shall consist of the
employee's regular rate of eight (8) hours. The term "immediate family", as
used
herein, is defined as consisting of the following members only: Mother, Father,
Husband, Wife, Children, Brother, Sister, Mother-in-law, Father-in-law,
Grandparents, Grandparents-in-law and Grandchildren. Where a death occurs to
any
such member of the employee's family, he/she shall make application to the
Human
Resources Director for such paid leave. Such paid leave will not be granted
in
instances when the employee, otherwise eligible, does not attend the funeral.
The employee absent on a paid leave shall not be eligible for, or notified
of,
any overtime which is scheduled during the period of such employee's
leave.
This
provision is not applicable if you are on a formal leave of absence, on a
company designated holiday or during periods of vacation.
Section
9. Jury Service:
An
employee who shall have been employed sixty (60) calendar days immediately
prior
to reporting for jury duty and who performs jury service shall be paid an amount
for each day of the regular workweek that such employee performs jury service
as
shall equal eight (8) hours of
24
straight-time
pay at the employee's regular hourly rate less the jury fee legally payable
to
such employee for that day of jury service. An employee shall have performed
jury service on any day that such employee reports to Court for jury service
pursuant to an Order of Court. The payments as provided herein shall be for
the
entire period of service on a jury pursuant to an Order of Court. To be entitled
to receive such jury service pay differential, such employee shall furnish
the
Human Resources Director of the Company a voucher from the Court wherein such
jury service is performed setting forth the number of days of jury service
and
the jury fees paid to such employee for jury service.
In
the
event an employee performs jury service on a day for which such employee
receives a vacation and/or holiday pay, such employee shall not be paid jury
service pay differential for that day. An employee who is on leave of absence,
layoff, paid death leave, or who is accruing Workers' Compensation benefits
shall not be paid jury service pay differential while on such status. An
employee performing jury service shall return to work on his/her first regular
workday after being excused from such jury service.
Section
10. Safety and Health Provisions:
The
Company shall make reasonable provisions for the safety and health of employees
during working hours and shall provide all reasonable protective devices and
other equipment to protect them from injury.
25
Section
11. Union Employee Educational Assistance Program:
(A) Education
Eligibility Requirements:
1.
|
Educational
courses must be related to the classification of work being or to
be
performed by the employee.
|
2.
|
Such
courses and institutions must be approved by the Company prior to
enrollment.
|
3.
|
Courses
are to be taken during non-scheduled working
hours.
|
(B) Amount
of Reimbursement:
1.
|
For
employees who complete specialized courses, the Company will pay
up to
100% of the tuition charges per semester at the satisfactory (grade
"C" or
better) completion of the course material in an approved
school.
|
2.
|
When
education expenses are partially paid by assistant-ships, scholarships,
fellowships, or G.I. Xxxx Benefits, tuition reimbursements is based
on the
net amount actually paid by the employee, excluding amounts paid
through
assistantship, scholarships, fellowships, or G.I. Xxxx
Benefits.
|
(C) Method
of Reimbursement:
1.
|
To
be eligible for tuition refund, the employee must, prior to the time
of
enrollment, fill out an application form per semester, for course(s)
contemplated.
|
2.
|
Obtain
the approval of the employee's supervisor who in turn will get the
Company
approval through Human Resources.
|
3.
|
Upon
completion of course(s), submit to the employees supervisor a written
statement from the school stating that the course(s) have been
satisfactorily completed. This is usually a copy of the grade
statement.
|
4.
|
A
tuition receipt.
|
The
supervisor will forward this information to the Human Resources Director
and within two (2) weeks the employee will receive a check containing
the
proper tuition refund as well as his/her tuition receipt and grade
statement.
|
5.
|
If
for any reason employment is terminated before completion of the
program,
then the Company's obligation
ceases.
|
26
Section
12. Call-in Sick / Personal Day:
Each
regular employee of the Company shall be eligible for a call-in sick/personal
day of one (1) each contract year. Such day is not cumulative from year to
year
but the Company will pay the employee by July 1 of each contract year for the
day not taken. One (1) such day shall equal eight (8) hours pay at the
employee's regular hourly rate of pay.
Section
13. Inventory Shutdown Scheduling:
The
Company will schedule inventory by departmental seniority, and shall, in the
event that additional employees are required in the stock room area, first
ask
former stock room area employees to work.
Section
14. Severance Plan:
The
Company will agree to negotiate a severance plan if the plant operations were
to
move beyond a radius of more than twenty (20) miles from the XxXxxx
plant.
Section
15. 401K Savings Plan:
The
Company agrees to start up and administer a 401K Savings Plan if thirty percent
(30%) or more participation is achieved.
Signed
this 31stday
of
January,
2007.
Local
1031,
|
|
International
Brotherhood
|
|
Xxxxx
Xxxxxxx
|
Of
Electrical Workers,
|
Electronics
Corporation
|
AFL-CIO
|
/s/
Xxxxxxx Xxxxx
|
/s/
Xxxx
X. Xxxx
|
|
Xxxxxxx
Xxxxx
|
Xxxx
X. Xxxx
|
|
President
|
Business
Manager/Financial Sec’y
|
27
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3,2006 UNTIL JUNE 29,2009.
APPENDIX
"A"
WAGE
SCALE EFFECTIVE 07/03/2006 THROUGH 06/29/2009
|
|||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
3MO
|
||||
2-8
|
Sweeper
|
||||||
Effective
07/03/06
|
8.53
|
12.27
|
12.38
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
3-2
|
Assy.,
Wirer-Solderer
|
||||||
3-5
|
Riveter
|
||||||
Effective
07/03/06
|
8.53
|
12.38
|
12.48
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
START
|
2MO
|
12MO
|
24MO
|
36MO
|
|||
Hired
After 7/1/97
|
7.58
|
8.26
|
8.94
|
10.30
|
Top
Rate
|
||
G.L.
Specialist
|
|||||||
Effective
07/03/06
|
13.06
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
3MO
|
||||
4-1
|
Wire
Cutting Machine Operator
|
||||||
4-3
|
Xxxxxx-Sweeper
|
||||||
4-5
|
Packer-Final
Assembly
|
||||||
Effective
07/03/06
|
8.55
|
12.39
|
12.61
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
START
|
2MO
|
12MO
|
24MO
|
36MO
|
|||
Hired
After 7/1/97
|
7.67
|
8.39
|
9.11
|
10.55
|
12.61
|
||
G.L.
Specialist
|
3MO
|
||||||
Effective
07/03/06
|
13.06
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
28
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29, 2009.
APPENDIX
"A" CONT’D
WAGE
SCALE EFFECTIVE 07/03/2006 THROUGH 06/29/2009
|
|||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
||||
5-1
|
Heavy
Packer
|
||||||
5-2
|
Stockkeeper,
Stock Delivery
|
||||||
5-5
|
Rivet/Pems
Set-Up Oper.
|
||||||
5-6
|
Prepare
& Operate Insertion Machine
|
||||||
5-7
|
Automatic
Checking Machine Operator
|
||||||
Effective
07/03/06
|
8.64
|
12.47
|
12.71
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
START
|
2MO
|
12MO
|
24MO
|
36MO
|
|||
Hired
After 7/1/97
|
7.67
|
8.39
|
9.11
|
10.55
|
12.71
|
||
G.L. Specialist
|
6MO
|
||||||
Effective
07/03/06
|
13.12
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
||||
7-2
|
Wire
Cutting Mac, Set-Up & Oper.
|
||||||
7-3
|
Inventory
Expeditor
|
||||||
7-5
|
Riding
Power Vehicle Operator
|
||||||
7-7
|
Assy.
Inspector
|
||||||
7-8
|
Relief
& Repair Operator
|
||||||
Effective
07/03/06
|
8.82
|
12.71
|
13.05
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
29
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29,2009.
APPENDIX
"A" CONT’D
WAGE
SCALE EFFECTIVE 07/03/2006 THROUGH 06/29/2009
|
|||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
||||
7-11
|
Building
Fireperson
|
||||||
Effective
07/03/06
|
8.94
|
12.85
|
13.14
|
||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
G.L. Specialist
|
|||||||
Effective
07/03/06
|
13.48
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
9MO
|
|||
8-2
|
Tester-Phaser
"B" (Printed Boards)
|
||||||
8-3
|
Bonding
Machine Operator
|
||||||
8-4
|
Fine
Patcher
|
||||||
Effective
07/03/06
|
9.06
|
12.90
|
13.06
|
13.31
|
|||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
G.L.
Specialist
|
6MO
|
||||||
Effective
07/03/06
|
13.74
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
9MO
|
12MO
|
||
10-2
|
Tool
Crib Worke r
|
||||||
Effective
07/03/06
|
9.36
|
13.13
|
13.24
|
13.43
|
13.57
|
||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
11-2
|
Tester
|
||||||
11-6
|
Cabinet
Finisher
|
||||||
Effective
07/03/06
|
9.27
|
13.19
|
13.33
|
13.48
|
13.67
|
||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
|||||||
G.L.Specialist
|
12MO
|
||||||
Effective
07/03/06
|
14.17
|
||||||
Effective
07/02/07
|
|||||||
Effective
06/30/08
|
30
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29, 2009.
APPENDIX
"A" CONT’D
|
|||||||||||
WAGE
SCALE EFFECTIVE 07/03/2006 THROUGH 06/29/2009
|
|||||||||||
JOB
CLASSIFICATION
|
START
|
2MO
|
6MO
|
9MO
|
12MO
|
||||||
12-4
Precision Mechanical Assembler
|
|||||||||||
12-9
Final Line Inspector(Xxxx.Xxxx.)
|
|||||||||||
Effective
07/03/06
|
9.42
|
13.43
|
13.51
|
13.68
|
13.88
|
||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
12-10
Master Cabinet Finisher
|
|||||||||||
|
Effective
07/03/06
|
9.50
|
13.48
|
13.61
|
13.73
|
13.95
|
|||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
*12-12
Maintenance "B"
|
|||||||||||
Effective
07/03/06
|
9.89
|
13.73
|
13.93
|
14.17
|
14.69
|
||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
G.L. Specialist
|
|||||||||||
Effective
07/03/06
|
14.42
|
||||||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
13-1 Analyzer
|
|||||||||||
Effective
07/03/06
|
10.31
|
14.25
|
14.35
|
14.50
|
14.69
|
||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
14-1 Master
Analyzer
|
15.36
|
||||||||||
14-2 Maintenance
"A"
|
|||||||||||
Effective
07/03/06
|
10.94
|
15.00
|
15.36
|
||||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
G.L. Specialist
|
|||||||||||
Effective
07/03/06
|
|
|
16.01
|
||||||||
Effective
07/02/07
|
|
|
|
||||||||
Effective
06/30/08
|
|
|
|
||||||||
15-1 Senior
Master Analyzer
|
|||||||||||
Effective
07/03/06
|
18.78
|
||||||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
16.1 Technical
Specialist
|
|||||||||||
Effective
07/03/06
|
|
|
19.64
|
||||||||
Effective
07/02/07
|
|
|
|
||||||||
Effective
06/30/08
|
|||||||||||
16.2 Maintenance
Administrator
|
|||||||||||
Effective
07/03/06
|
20.69
|
||||||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
17.2 Production
Administrator
|
|||||||||||
Effective
07/03/06
|
17.21
|
||||||||||
Effective
07/02/07
|
|||||||||||
Effective
06/30/08
|
|||||||||||
*
Education
Bonus
|
1
Course
|
10¢
per hour
|
|||||||||
(after
maximum rate) 2 or more Courses 10¢ per hour
(additional)
|
31
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29, 2009.
APPENDIX
"B"
THE
INSURANCE COVERAGE FOR EMPLOYEES AND DEPENDENTS
COVERED
BY THIS AGREEMENT
NON-OCCUPATIONAL
- WEEKLY DISABILITY BENEFITS:
(EMPLOYEES
ONLY)
Benefits
are payable for accident from the first (1st) day and for sickness from the
eighth (8th) day for a period up to thirteen (13) weeks for any one (1)
disability.
The
weekly benefits are:
Effective
07/01/2006
|
$230.00
|
Effective
07/01/2007
|
$235.00
|
Effective
07/01/2008
|
$240.00
|
LIFE
INSURANCE: (Employees Only)
Effective
07/01/2006
|
$21,000
(AD&D
|
$21,000)
|
Effective
07/01/2007
|
$22,000
(AD&D
|
$22,000)
|
Effective
07/01/2008
|
$23,000
(AD&D
|
$23,000)
|
DENTAL
INSURANCE PLAN:
Effective
the first year of this Agreement, Olympia Plan 1500. The premium cost of this
plan shall be $10.00 per month for the employee coverage to be paid entirely
by
the Company for the three (3) year term of this Agreement. The premium cost
of
this plan for single plus one coverage shall be $17.00 and family coverage
shall
be $20.00 per month. An employee may elect to secure this coverage for his/her
dependents at a premium cost of $1.79 per week to be paid for by the employee
for the three (3) year term of this Agreement.
OPTICAL
PLAN OFFERED BY MID AMERICA VISION:
Covers
employee and dependents. Entire premium cost to be paid for by the Company
for
the three (3) year term of this Agreement.
CONTINUATION
OF INSURANCE COVERAGE:
Temporary
Lay-off:
An
insured, temporarily laid-off employee will be covered by insurance benefits
at
no cost until the end of the month in which the layoff occurs.
32
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29, 2009.
APPENDIX
"B" (CONT'D)
If
a
temporarily laid-off employee desires to continue the insurance, all coverages,
except weekly disability benefits, may be continued for a period not to exceed
six (6) months, providing the laid-off employee makes the first premium payment
in full for the following month within seven (7) days from the date of the
layoff, or the first of the following month, whichever occurs
first.
Sick
Leave:
The
insurance for an employee on sick leave will be paid by Xxxxx-Xxxxxxx
Electronics Corporation for three (3) months. If the employee wishes to continue
his/her insurance after this period, he/she may do so for an additional three
(3) months, provided the required monthly premium is paid by the employee to
Xxxxx-Xxxxxxx Electronics Corporation before the end of the third month of
sick
leave and monthly thereafter.
All
employees shall be provided together with their dependents all rights under
COBRA.
Total
Disability of Employee:
In
the
event an employee becomes totally disabled, as determined by the provisions
and
regulations of the Social Security laws, the Company will pay the entire premium
cost for the continuation of such employee's medical insurance coverage for
a
period of up to two (2) years or until such employee reaches age sixty-five
(65), whichever occurs first.
Death
of Employee:
In
the
event an employee dies while in the active employ of the Company, the Company
will pay the entire premium cost for the continuation of the medical insurance
coverage for the spouse and dependent children for a period up to
one
(1)
year;
provided however that:
(1)
|
Such
medical insurance coverage shall cease upon the remarriage of the
spouse
and provided also that,
|
(2)
|
The
spouse or dependent children shall not be eligible for coverage under
any
other employer paid insurance plan.
|
33
ATTACHED
TO AND MADE PART OF AGREEMENT BETWEEN XXXXX-XXXXXXX ELECTRONICS CORPORATION
AND
LOCAL 1031, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, FOR PERIOD
JULY 3, 2006 UNTIL JUNE 29, 2009.
APPENDIX
"C"
It
is
understood and agreed by the parties hereto that the Company may continue and/or
install a piece work or incentive system in its plant. Such incentive plan
must
be mutually agreed to between the parties. In the event it does so, piece work
or incentive rates shall be established by the time studies made by the Company
and same may be revised. Employees shall have the right to question the time
study on any job which they believe to be improperly timed. In such event the
Company shall cause an investigation to be made and if it believes that an
error
may have been committed, it shall cause such job to be re-timed. In the event
such re-timing is still questioned or in the event the Company fails to re-time
such job, the matter may be handled according to the grievance procedure
provided for in this Agreement. It is understood and agreed that incentive
rates
will be so adjusted as to compensate employees working on the incentive basis
for the rest periods without additional pay thereafter.
34