EXHIBIT 10.24
A G R E E M E N T
BETWEEN
XXXXXX-XXXXX INDUSTRIES
AND
INTERNATIONAL UNION OF
ELECTRONIC, ELECTRICAL, SALARIED,
MACHINE AND FURNITURE WORKERS
A.F.L. - C.I.O.
LOCAL 1199
OCTOBER 1, l995
INDEX
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PAGE
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ARTICLE I - Recognition. . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II - Union Shop & Checkoff. . . . . . . . . . . . . . . . 2
ARTICLE III - Hours & Overtime. . . . . . . . . . . . . . . . . . . 4
ARTICLE IV - Holidays. . . . . . . . . . . . . . . . . . . . . . . 5
Voting Pay. . . . . . . . . . . . . . . . . . . . . . 6
Funeral Pay. . . . . . . . . . . . . . . . . . . . . . 6
Jury Pay. . . . . . . . . . . . . . . . . . . . . . . 7
ARTICLE V - Vacations. . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE VI - Seniority. . . . . . . . . . . . . . . . . . . . . . . 9
Layoff and Recall. . . . . . . . . . . . . . . . . . . 9
Temporary Transfer. . . . . . . . . . . . . . . . . . . 10
Permanent Transfer. . . . . . . . . . . . . . . . . . . 10
Termination of Seniority. . . . . . . . . . . . . . . . 10
Leave of Absence. . . . . . . . . . . . . . . . . . . . 11
Probationary Employment. . . . . . . . . . . . . . . . 11
ARTICLE VII - Insurance. . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE VIII - Wages. . . . . . . . . . . . . . . . . . . . . . . . . 15
General Increases. . . . . . . . . . . . . . . . . . . 15
(Progression Chart). . . . . . . . . . . . . . . . . . 15
(Second Shift Premium). . . . . . . . . . . . . . . . . 16
ARTICLE IX - Bulletin Board. . . . . . . . . . . . . . . . . . . . . 16
ARTICLE X - Grievance Procedure. . . . . . . . . . . . . . . . . . 16
ARTICLE XI - Safety and Health. . . . . . . . . . . . . . . . . . . 19
ARTICLE XII - Duration of Agreement. . . . . . . . . . . . . . . . . 19
Exhibit A. . . . . . . . . . . . . . . . . . . . . . . 21
XXXXXX-RORFF INDUSTRIES
PREAMBLE
--------
Agreement effective the 1st Day of October, 1995, between Xxxxxx-Xxxxx
Industries, 0000 Xxxxxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxxxx, 00000, hereinafter
called the Company, and the International Union of Electronic, Electrical,
Salaried Machine & Furniture Workers, AFL-CIO), in behalf of, and in conjunction
with Local 1199, hereinafter called the Union.
ARTICLE I - RECOGNITION
-----------------------
SECTION 1.
----------
The Company recognizes the Union as duly authorized and sole collective
bargaining representative for all production and maintenance employees, truck
drivers and production support tool room employees excluding office employees,
model shop employees, engineering department employees, professional employees,
all other employees, guards and supervisors as defined in the Act. The Company
recognizes the Union as the duly authorized and sole collective bargaining agent
at the above address or within a radius of fifty miles from the plant.
SECTION 2.
----------
There shall be no discrimination, interference, restraint or coercion by
the Company or any of its officials against any employee because of membership
in the Union, election or appointment to office or position in the Union, or
activity in behalf of the Union.
SECTION 3.
----------
The Union agrees not to engage in any Union activity on Company time or
property in any way which shall interfere with production except as specifically
provided in this contract. It is understood that the Union shall not hold Union
meetings so as to interfere with scheduled operations of the Company.
SECTION 4.
----------
The products to be manufactured, the schedules of production, the
methods, machine tools and ways of manufacture and the direction of the forces
except as expressly provided in this Agreement are exclusively a function of
Management.
SECTION 5.
----------
The Company may appoint one non-bargaining unit Xxxxxxx or Assistant
Xxxxxxx on each shift to perform bargaining unit work.
In addition, the Company may appoint a Xxxxxxx or Assistant Xxxxxxx to
perform work covered by this Agreement if necessary for the following purposes:
(1) Instruction of employees.
(2) Investigation, or testing of new processes,
equipment or methods and experimental work.
(3) In the event of an emergency (where an emergency
arises, or experimental work is performed), it
shall be discussed with the Union.
SECTION 6.
----------
The Union will assist and cooperate in the attainment and maintenance by
all employees of a fair day's work.
SECTION 7.
----------
The provisions of this contract shall be applied to all employees
without discrimination on account of sex, race, color, creed or national origin.
Wherever the word "he" or any other masculine word form is used in this
Agreement, that provision also shall apply to female employees.
SECTION 8.
----------
The Company shall supply a copy of the checkoff list to the Chief
Xxxxxxx.
ARTICLE II - UNION SHOP AND CHECKOFF
------------------------------------
SECTION 1.
----------
All employees shall, as a continuing condition of employment with the
Company, become members in the Union on the 60th day following the beginning of
their employment, or 60 days after the effective date of this Agreement,
whichever is the later, and shall maintain such membership in the Union during
the life of this Agreement.
SECTION 2.
----------
The Company shall deduct Union dues, including initiation fees, upon
receipt of written authorization for such deductions.
2
Such deductions shall be made from the first full week's pay of each month and
promptly remitted by the Company to the I.U.E. Local 1199. A uniform initiation
fee for new members shall be remitted in the same manner as dues collected.
The Union shall indemnify and save the Company harmless against any and
all claims, demands, suits or other forms of liability that shall arise out of
or by reason of any action taken or not taken by the Company for purpose of
complying with any provision of this Article II.
The written authorization referred to in the previous paragraph shall be a
signed card in the following form:
ASSIGNMENT AND AUTHORIZATION FOR CHECKOFF OF MEMBERSHIP DUES FOR LOCAL
UNION NO. 1199, INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED MACHINE
& FURNITURE WORKERS, AFL - CIO.
TO: XXXXXX-XXXXX INDUSTRIES - DES PLAINES, ILLINOIS
I hereby assign to Local Union No. 1199, International Union of
Electronic, Electrical, Salaried Machine & Furniture Workers (AFL-CIO), from
wages to be earned by me as my membership dues uniform initiation fees and
uniform monthly dues in such amounts of uniform initiation fees or uniform
monthly dues as may be fixed under and pursuant to the constitution of
International Union of Electronic, Electrical, Salaried Machine & Furniture
Workers (AFL-CIO) and certified to the Company in writing by the Secretary-
Treasurer of the Union.
I authorize and direct you to deduct such amounts from my pay for each
month and to remit the same promptly to the Secretary-Treasurer of said Union.
This assignment authorization and direction shall be irrevocable for a
period of one (1) year from the date hereof, or until the termination of the
Agreement between the Company and the Union dated as of September 30, 1995,
whichever occurs sooner, and shall be renewed from year to year thereafter;
provided, however, that it may be revoked by me between September 15 and
September 30 of any contract year by giving written notice to the Company that
it is no longer authorized to make such deductions.
----------------------- ----------------------
Signature of Employee Address of Employee
---------------------- -----------------------
WITNESS Employees Clock No.
3
Unless otherwise specified, this assignment and authorization shall
become effective at the expiration of the employee's probationary period under
the Agreement between the Company and the Union, dated September 30, 1995.
ARTICLE III - HOURS AND OVERTIME
--------------------------------
SECTION 1.
----------
The standard workweek shall be forty (40) hours per week, eight (8)
hours per day, from Monday to Friday, inclusive.
SECTION 2.
----------
Each shift shall have a scheduled starting and quitting time except in
the case of emergency work, maintenance and repairs.
SECTION 3.
----------
All work performed in excess of eight (8) hours in any single day and in
excess of forty (40) hours in any given week shall be paid for at one and a half
times the regular straight-time rate. It is understood that overtime shall not
be paid twice for the same hours worked. Time and one-half shall be paid for all
work performed on Saturdays as such. The Company shall have the right to require
reasonable assignments of overtime work, and such assignments shall be performed
by an employee unless he has good cause for refusal thereof. An employee who has
good cause for refusal thereof shall not be discriminated against or
disciplined. Employees who say they will report for Saturday overtime work and
do not do so will be charged with an unexcused absence unless they can show good
cause for their failure to report.
SECTION 4.
----------
Double time shall be paid for all work done on Sundays and triple time
for the holidays hereinafter listed.
SECTION 5.
----------
Overtime work shall be equalized among employees in the plant performing
similar work provided the employees involved have the skill, ability and
knowledge to perform the required work. If seven (7) or more employees on a
shift are working overtime, a xxxxxxx shall be assigned to perform the required
work provided he has the skill, ability and knowledge to perform the available
work. Part-time students shall not share in overtime unless all other qualified
employees have been offered the opportunity to work overtime and part-time
students shall be subject to ARTICLE II, SECTION 1, hereof, probationary
employees will not work overtime
4
unless all other qualified non-probationary employees have been offered the
opportunity to work said overtime.
SECTION 6.
----------
Any employee who reports to work at his regular starting time and has
not been previously notified by the Company not to report and any employee who
is called in to work outside of his regular shift or schedule shall receive not
less than four (4) hours work or pay for four hours work at his regular rate of
pay unless failure to work is due to the fault of the employee, an act of God,
or any causes beyond the control of the Company, provided, however, the employee
shall perform any work the Company shall give him. The Company shall not be
obligated under this paragraph if it notified the employee not to report to work
either personally or by telephone message or by letter or telegram sent to the
last known address of the employee, not less than twelve (12) hours before the
regular starting time.
ARTICLE IV - HOLIDAYS
---------------------
SECTION 1.
----------
Holidays recognized as commanding under the scope of this Agreement are:
New Year's Day Thanksgiving Day
Good Friday Friday After Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day Birthday or Floating Holiday*
When a holiday falls on a Saturday or Sunday, the Company, in its sole
discretion, shall designate whether the holiday shall be recognized on the
Friday preceding or Monday following the holiday.
* The Company shall notify the employees as of January 1st of each year
whether the tenth Holiday will be a floating Holiday, and when it will be
scheduled, or whether the tenth holiday shall be a Birthday Holiday, in which
case the holiday is to be taken on the employees birthday.
SECTION 2.
----------
Except as otherwise provided in Section 4 below for employees with less
than one year of service, all regular full-time nonprobationary employees
covered by the Agreement shall receive pay for holidays when not worked at eight
(8) times the employee's straight-time hourly rate, provided the employee works
the regularly scheduled workday before and the regularly scheduled workday after
the holiday, unless the employee can show good cause
5
for not working such days. If an eligible employee is excused because of illness
or injury or if the employee is on layoff in any workday of seven calendar days
before a holiday or any day of seven calendar days after a holiday, the employee
will receive holiday pay. If an eligible employee due to illness, injury or
layoff is unavailable for work more than seven calendar days prior to the
holiday, he shall be ineligible for holiday pay.
SECTION 3.
---------
When a holiday falls on Thursday, the employee can upon approval of
written request, be granted the day off following the holiday, without pay,
without forfeiting his holiday pay.
SECTION 4.
---------
During an employee's first twelve calendar months of employment, he will
be credited with eight hours of "holiday pay" for each full calendar month of
service. If at the time a holiday listed in ARTICLE IV, SECTION 1, occurs, an
employee has earned sufficient holiday pay credit (i.e., eight hours credit for
each holiday), and he has met all the eligibility requirements set forth in
ARTICLE IV, SECTION 2, he shall receive pay for the holiday. After the employee
has been employed twelve full calendar months, he shall receive holiday pay in
accordance with ARTICLE IV, SECTION 2.
SECTION 5.
---------
Each employee who is an eligible voter shall be entitled to take up to
two (2) hours off from work at the beginning or end of his shift to vote in one
Federal Election, if such occurs during the term of the contract. The employee
will be paid for his time lost from work at his regular straight-time rate. The
employee must have worked the remaining hours of his shift to be eligible for
such pay.
SECTION 6.
---------
For attending funeral services and rendering comfort and assistance to
his family, up to three days off with eight hours per day straight-time pay
will, when required, be granted when a death occurs in the immediate family.
"Immediate family'' shall be construed to mean parent, spouse, child, legally
adopted child, brother, or sister. Up to one (1) day off with eight hours per
day straight-time pay will be granted in such circumstances in case of death of
the employee's mother-in-law or father-in-law.
SECTION 7.
---------
All employees covered by this Agreement who have a minimum of six (6)
months continuous service with the Company will receive a
6
bonus of four (4) hours of pay at their base rate for their birthday. Such
payment will not constitute hours worked for overtime purposes.
SECTION 8.
---------
Each employee who is called to appear before a Jury Commissioner and who
responds to such call shall be paid two (2) hours' pay at such employee's
occupational hourly rate, in addition to his pay for actual hours worked on that
day.
SECTION 9.
---------
Employees who actually perform jury service shall be paid the difference
between the amounts paid as jurors and their regular occupational hourly rate,
based on eight (8) hours per day and forty (40) hours per week, subject to a
maximum of eighty (80) straight-time hours' pay per calendar year to a maximum
of one hundred sixty (160) straight-time hours for grand jury service.
SECTION 10.
----------
Subject to the provisions of Section 1 of this Article, eligible
employees will receive their Birthday off as a paid Holiday. If an eligible
employee declines times off for the Birthday Holiday and the Company agrees, he
shall receive regular straight-time pay for working his Birthday and shall
receive the equivalent of 8 hours straight-time pay as a bonus in lieu of the
time off. This is aside from any other pre-existing bonus provision.
ARTICLE V - VACATIONS
---------------------
SECTION 1.
----------
All Employees who have worked for the Company one (1) year as of June 30
of any year shall receive a vacation check amounting to forty (40) times their
current hourly rate as of June 30 of that year.
SECTION 2.
---------
All employees who have worked for the Company three (3) years or more as
of June 30 of any year shall receive a vacation check amounting to eighty (80)
times their current hourly rate as of June 30 of that year.
SECTION 3.
---------
All employees who have worked for the Company ten (10) years or more as
of June 30 of any year shall receive a vacation check
7
amounting to one hundred twenty (120) times their current hourly rate as of June
30 of that year.
SECTION 4.
---------
All employees who have worked for the Company seventeen (17) years or
more with a seniority date of August 31, 1976 or before, shall receive a
vacation check amounting to one hundred sixty (160) times their current hourly
rate as of June 30 of that year.
All employees who have worked for the Company twenty (20) years or more
with a seniority date of September 1, 1976 or later, shall receive a vacation
check amounting to one hundred sixty (160) times their current hourly rate as of
June 30 of that year.
SECTION 5.
---------
All employees hired prior to September 1, 1982, who have worked for the
Company twenty-five (25) years or more as of June 30 of any year shall receive a
vacation check amounting to two hundred (200) times their current hourly rate as
of June 30 of that year.
SECTION 6.
---------
All employees who have worked for the Company less than one year and
more than ninety (90) days as of June 30 of any year shall receive one-half
day's pay for each full calendar month of employment based on a forty (40) hour
vacation week at their current hourly rate as of June 30 of that year.
SECTION 7.
---------
To be eligible for a vacation check, an employee must work at least
seventy-five percent (75%) of his scheduled hours during the 12-month period
preceding June 30. Time lost due to illness or accident that is an industrial
case shall be counted as hours worked for the year in which said illness or
accident occurs. If the accident or illness is caused away from the plant and is
not an industrial case, employees with three (3) or more years seniority shall
receive, for one vacation period only, a pro-rata vacation check based on actual
time worked.
SECTION 8.
---------
The Company reserves the right to shut the plant for a vacation period.
Employees entitled to more than two (2) weeks vacation may choose whether they
want to work additional vacation time and be paid therefor, or take their
vacation.
8
SECTION 9.
----------
If an employee leaves the Company before the start of the vacation
period, he shall be entitled to pro-rata vacation pay. In order to receive such
pro-rata vacation pay in a timely manner, the employee is expected to provide
the Company with 2 weeks advance notice of his quitting.
SECTION 10.
-----------
The estate of any employee who dies during the year shall receive a pro-
rata amount of his vacation check based on the actual time worked.
SECTION 11.
----------
Employees entitled to more than two (2) weeks vacation who take part of
their vacation in advance of a vacation period shutdown will be paid for such
vacation when they take it.
ARTICLE VI - SENIORITY
----------------------
SECTION 1.( a)
--------------
Seniority is defined as length of service with the Company. Seniority
shall be applied in all cases of layoff and recall on a plant-wide basis
provided the employee has the skill, ability, knowledge and experience to
perform the required work. In the event of a layoff, the employee who has been
laid off shall replace the least senior person in the plant provided the laid-
off employee has the ability, skill, knowledge and experience to perform the
required work.
SECTION 1.(b)
------------
Section l(a) shall not apply in respect to layoffs of 24 hours or less.
SECTION 2.
---------
All employees shall be rehired in reverse order to that in which they
were laid off before any new employees are hired provided the laid-off employees
have the ability, skill, knowledge and experience to perform the required work.
The Company will carry laid-off employees who are laid off on a reserve
list according to the schedule as follows:
Up to 3 years seniority - A period equal to one-fourth the length of
seniority or 3 most whichever is less
3 years seniority or over - 1 Year
9
SECTION 3.
---------
Employees with greater seniority shall be given preference in filling
vacancies provided they are qualified to fill the job and provided further that
this shall not be applicable to people excluded from the bargaining unit. Such
vacancies shall be posted on Bulletin Boards for a period of 48 hours. All
requests of applicants shall be submitted to the designated management
representative. Final results of the review of qualifications will be made known
to the Chief Xxxxxxx. The Company reserves the right to determine the
qualifications of any applicant and to fill such vacancies with the person or
persons it believes most qualified.
The Company also reserves the right to determine the capability and
performance of the person or persons filling such vacancies during a
probationary period of thirty (30) working days. An employee filling a vacancy
pursuant to this Section wishing to return to the job from which he bid during
such 30-day period may do so, in which case he shall lose his right to bid for
any job for a 6-month period thereafter; it being understood that such employee
will be returned to a job that is available.
SECTION 4.
---------
Employees temporarily transferred from a higher-rated job to one of
lower rate shall receive their regular rates of pay. Employees temporarily
transferred from a lower-rated job to the higher-rated job shall receive their
regular rate of pay. The word "temporary" is used in this Section to mean
employment for four weeks or less.
SECTION 5.
---------
Employees permanently transferred (for a period of more than four weeks)
to a higher-rated job shall receive the rate of pay for the new job. Employees
permanently transferred for a period of more than four weeks to a lower-rated
job in accordance with the seniority provisions of this contract shall receive
the rate of pay for the job from which he was transferred or the maximum of the
range for the lower-rated job, whichever is lower. No employee will suffer a
rate reduction as a result of a job combination in his job. This will not apply
to employees affected by a layoff or job elimination put into effect by the
Company.
SECTION 6.
---------
Continuity of service and relationship between employer and employees
shall be terminated when:
(a) An employee voluntarily leaves the Company's employ.
10
(b) An employee who has been laid off because of lack of work
fails to report when recalled within a period of three (3)
days, unless good cause can be shown for not reporting.
(c) An employee is discharged for cause. (Any rules effectuated
by the Company must be reasonable.) The Union may file
a grievance if it believes the rules are unreasonable.
(d) An employee fails to report to work after a termination of a
leave of absence.
(e) An employee is absent for three (3) working days for any
reason other than sickness, unless good cause can be shown.
(f) An employee is absent for more than three (3) working days
and fails to notify the Company unless good cause can be
shown for not reporting.
(g) An employee is absent from work for any reason for longer
than the periods set forth in Section 2 above based on
the employee's seniority.
SECTION 7.
---------
Written request for a 30 calendar days leave of absence may be granted
to employees for good and sufficient reasons if such leaves will not jeopardize
the effective operations of the plant. Such leaves of absence shall be without
loss of seniority, provided, however, that such employees shall not accept
employment elsewhere. During such leaves of absence, including military leaves
of absence, an employee's progression time will resume upon the day of return to
work. Such leaves of absence may be extended from time to time and, if extended,
sick leave seniority will accumulate a maximum of 6 months only.
SECTION 8.
---------
New employees and those hired after a break in continuity of service
will be regarded as probationary employees for the first sixty (60) days of
employment and will receive no continuous service credit during such period.
Probationary employees may be laid off or discharged as exclusively determined
by the Company, and shall not have recourse to the grievance and arbitration
procedure. This provision will not be used for purposes of discrimination,
because of membership in the Union. Probationary employees continued in the
service of the Company subsequent to sixty (60) days from date of original
hiring shall receive full and continuous service credit from date of original
hiring.
11
SECTION 9.
---------
A member of the Union being elected or appointed to any Union convention
or conference necessitating temporary leave of absence shall upon proper
certification by the Union to the Company be granted a leave of absence by the
Company and such employees or employee shall, at the end of the leave of
absence, be reinstated to former position with full seniority status and all
rights. These leaves of absence shall not be more than twenty-eight (28) days
for any two employees in any one year.
SECTION 10.
----------
The Company will abide by the applicable Federal and State laws
pertaining to employees returning from military service.
SECTION 11.
----------
Upon one (1) month written notice, an employee shall be granted a leave
of absence when assigned to Union duties. Such leave of absence shall be for a
period of not more than one (1) year. The Company shall be given one (1) month
notice prior to the employee's return to work.
SECTION 12.
----------
In the event of a layoff, the Company shall give the Chief Xxxxxxx or
Assistant Chief Xxxxxxx, 24 hours before the layoff, a list of those people
affected.
SECTION 13.
----------
When the work force in any department is to be reduced, the department
xxxxxxx in that department shall, if the reduction in force continues to the
point at which he would otherwise be laid off, be retained at work in the
department in which he is employed provided he can perform the work of the job
available. One (1) Local Union officer or Chief Xxxxxxx shall have top plant-
wide seniority for the purpose of layoffs and recalls only, provided they are
qualified and able to do the work required.
ARTICLE VII - INSURANCE
-----------------------
SECTION 1.
---------
Effective October 1, 1995, employees under this Agreement shall be
covered under the United Furniture Workers Insurance Fund ("Fund") in accordance
with the provisions in this Article VII and attached Exhibit A. New employees
will be eligible for coverage on the 1st day of the month following sixty (60)
calendar days of employment.
12
The Company will contribute the following maximum amount for monthly
single nondependent insurance to the Fund:
Effective 10/1/95 through 9/30/96: $170.60
Effective 10/1/96 through 9/30/97 184.20
Effective 10/1/97 through 9/30/98 198.90
The Company will contribute the following maximum amount for monthly
family coverage of employee and their dependents for eligible employees:
Effective 10/1/95 through 9/30/96: $379.75
Effective 10/1/96 through 9/30/97 410.05
Effective 10/1/97 through 9/30/98 442.75
Employees shall have deducted from their paycheck each week the
following amounts depending on whether the employee is receiving single or
dependent coverage:
Effective On: Employee Weekly Contributions
------------ -----------------------------
Single Dependent
------ ---------
October 1, 1995 $ 4.37 $27.48
October 1, 1996 6.87 29.98
October 1, 1997 9.87 32.98
All bargaining unit employees must be covered by the health insurance
plan and make the appropriate contributions for said coverage. If the employee
terminates his/her employment before making the full monthly contribution, that
amount shall be deducted from his/her last paycheck.
The Company's maximum obligation during the life of the collective
bargaining agreement shall be to pay the following amounts:
Single Family
------ ------
October 1, 1995 $151.67 $260.67
October 1, 1996 154.43 280.14
October 1, 1997 156.13 299.84
The Company shall pay the full insurance premium cost for each month on
or before the 10th day of the month. The contract rate as set forth above shall
remain as indicated for the length of the Contract.
13
The Company and the employees shall begin making contributions and/or
have amounts deducted from their checks for insurance beginning on the 1st day
of the month following sixty (60) calendar days of employment. The employee
shall begin receiving benefits on the 1st calendar day in which a contribution
has been made on his behalf.
The Company's sole liability and obligation shall be for the payment of
the monthly contributions set forth above and the Company in no way guarantees
payment of the benefits established by the Insurance Fund.
The Company shall make contributions only for the month in which the
employee is actively at work as of the first day of the calendar month. If the
employee is on layoff or on occupational injury as of the first of any month, no
contributions shall be made for the employee for that month.
The Company agrees to make available to the Insurance Fund, upon
appropriate written notice, any records which are necessary to verify the amount
owed by the Employer to the Fund.
The agreement shall provide that all monies paid into the Fund will be
vested and remain exclusively in the "Trustee" of the Fund. The Fund or the
Union may take appropriate legal action to collect delinquent payment including
submission of the case to arbitration or instituting any other legal action in
an appropriate court of law.
During the first year of this Agreement the Company shall institute a
125 cafeteria plan program for employees to use for payment of their health
insurance premiums.
During the term of this Agreement, the Company shall pay for a
Prescription Drug Card provided through the UFWA Insurance Program with a $ 5.00
deductible per use. The maximum cost to the Company is fifty cents per month for
single coverage and $ 1.15 per month for family coverage. The costs for the Card
is included in the costs set forth above.
SECTION 2.
---------
The Company will pay up to 13 weeks premium for the group insurance plan
for eligible employees on medical leave for any illness or accident.
14
ARTICLE VIII - WAGES
--------------------
SECTION 1. (a)
--------------
All non-probationary employees who are on the Company's active payroll
as of the first full pay period after October 1, 1995, shall have their
straight-time hourly rate of pay increased by 3.5%.
All non-probationary employees who are on the Company's active payroll
as of the first full pay period after October 1, 1996, shall have their
straight-time hourly rate of pay increased by 3.5%.
All non-probationary employees who are on the Company's active payroll
as of the first full pay period after October 1, 1997, shall have their
straight-time hourly rate of pay increased by 3%.
SECTION 1. (b)
--------------
All of the aforesaid increases shall be rounded to the nearest full
cent.
SECTION 2.
---------
The following labor grades and wage rates will be effective and remain
unchanged throughout the life of this contract.
Effective October 1, 1995
_________________________
LABOR
GRADE START 1 MONTH 6 MONTHS 12 MONTHS 18 MONTHS
----- ----- -------- -------- --------- ---------
1 $6.78 $7.38 $8.18 $8.90 $10.05
2 6.38 6.90 7.51 8.31 9.58
3 6.05 6.51 6.90 7.51 8.83
4 5.30 5.65 6.25 6.90 7.98
5 4.67 4.81 5.09 5.36 5.65
Effective October 1. 1996
-------------------------
LABOR
GRADE START 1 MONTH 6 MONTHS 12 MONTHS 18 MONTHS
------ ----- ------- -------- --------- ---------
1 $7.02 $7.64 $8.47 $9.21 $10.40
2 6.60 7.14 7.77 8.60 9.92
3 6.26 6.79 7.14 7.77 9.14
4 5.49 5.85 6.47 7.14 8.26
5 4.83 4.98 5.27 5.55 5.85
15
Effective October 1. 1997
-------------------------
LABOR
GRADE START 1 MONTH 6 MONTHS 12 MONTHS 18 MONTHS
----- ----- ------- -------- --------- ---------
1 $7.23 $7.87 $8.72 $9.49 $10.71
2 6.80 7.35 8.00 8.86 10.22
3 6.45 6.99 7.35 8.00 9.41
4 5.65 6.03 6.66 7.35 8.51
5 4.97 5.13 5.43 5.72 6.03
SECTION 3.
---------
If after the institution of the above-mentioned wage rates, any
employees have rates that are higher than those provided by the labor grade in
which they are classified, these rates shall be considered as "ringed rates" and
shall not be considered as setting a new maximum for that labor grade.
SECTION 4.
---------
Rates of pay for employees working on the second shift shall be higher
by five percent (5%) than the rates of pay for jobs in the same classification
on the day shift.
ARTICLE IX - BULLETIN BOARD
---------------------------
SECTION 1.
---------
The Company will provide the Union a bulletin board which may be used by
the Union for posting notices approved in advance by the Management. The
bulletin board shall be used by the Union for posting notices of Union elections
and appointments, and of Union social or recreational activities.
ARTICLE X - GRIEVANCE PROCEDURE
-------------------------------
SECTION 1.
---------
Any dispute which may arise between the Company and the Union as to:
A. Whether any employee has been coerced into membership into the Union,
or
B. As to the meaning and application of this Agreement shall be regarded
as a grievance and shall follow the procedure outlined in ARTICLE X
of this Agreement.
16
SECTION 2.
---------
Any employee or group of employees shall be entitled to present
grievances directly or through the Union to the Company as he or she may choose
from time to time.
SECTION 3.
---------
Any and all disputes and differences whatsoever between the Company and
the Union or any of its members or employees of the Company concerning the
meaning or application of this Agreement shall be settled in the following
manner.
STEP 1.
------
The aggrieved employee and the xxxxxxx shall take the matter up with the
Xxxxxxx in the employee's department within five (5) working days after the
occurrence of the event on which the grievance is based, or, if the Union or
employee could not reasonably have known of the occurrence of the event within
such period of time, then within five (5) working days after the Union or
employee first learned of the occurrence of the event on which the grievance is
based.
STEP 2.
------
If no settlement is reached with the xxxxxxx, the grievance shall be
reduced to writing on forms furnished by the Company and shall be dated and
signed by the aggrieved employee and his xxxxxxx. Two (2) copies thereof shall
be presented by the Chief or Assistant Chief Xxxxxxx to the designated
management representative for further attempts to reach a mutually satisfactory
settlement. The designated management representative shall also sign grievance.
Grievances not satisfactorily settled in STEP 2 shall be referred to Third (3rd)
Step procedure. This meeting shall be held within three (3) working days after
notification by either party. Second Step grievances will be presented within
seven (7) calendar days after the First Step answer.
STEP 3.
-------
If the matter is not settled in the foregoing steps, it shall be
referred to a meeting of the grievance committee of the Union and the designated
representatives of the Company. An International Union Representative may be
present in the meetings of STEP 3 of the grievance procedure. Any settlement of
STEPS 2 or 3 shall be binding upon the Company, the Union, and the aggrieved
employee or employees.
17
In the event retroactive pay is agreed upon by the parties at any step
of the grievance or arbitration procedure on the settlement of any grievance, it
shall, as a maximum, be limited to and commence as of the date of the signed
grievance. Third Step grievance will be presented within three (3) working days
after the Second Step answer.
STEP 4.
------
If the matter is not settled in STEP 3, either party, but not an
individual employee or employees, may submit the dispute to arbitration by
serving a written request to arbitrate, setting forth the facts and issues, upon
the other party by Certified Mail, return receipt requested, within ten (10)
working days after the answer is given at STEP 3 hereof. The parties shall then
select an arbitrator. If the parties fail to agree on the selection of an
arbitrator, such arbitrator shall be selected in accordance with the rules of
the American Arbitration Association then in effect. The provisions of this
Agreement shall be the sole source of any rights which either party may assert
in arbitration. The arbitrator shall have no power to amend, add to, subtract
from, or change the terms of this Agreement and shall be authorized only to
interpret the existing provisions of this Agreement, and apply them to the
specific facts of the grievance or dispute. The decision of the arbitrator
within the limits herein prescribed shall be final and binding on all parties to
the dispute, including the employee or employees involved. The fee of the
arbitrator shall be borne equally by the Company and the Union. No other joint
expenses shall be incurred except by mutual written agreement of the parties.
SECTION 4.
---------
The Company agrees to recognize a Union Grievance Committee of not more
than two (2) members.
SECTION 5.
---------
Members of the Grievance Committee shall be compensated at their
straight-time rate of pay for such time lost from work as they are actually
engaged in meetings with the Company's representative or officials. It is
understood that under no circumstances will such employee be compensated at
overtime premium rates for time so spent.
18
SECTION 6.
---------
The Chief Xxxxxxx will be granted reasonable time during regular working
hours, with pay, to investigate or settle grievances. Before negotiating in the
adjustment of a complaint, the xxxxxxx will report to his xxxxxxx, punch out his
daily job card, and report back and punch in on his return to work.
SECTION 7.
---------
Meetings will be held between management and the Union as required, with
both parties showing understanding of either party's request that a particular
meeting be rescheduled.
SECTION 8.
---------
During the term of this Agreement there shall be no lockout by the
Employer, and no strikes, stoppages of work, or slowdowns by the Union unless
(1) the Employer refuses to carry out the grievance procedure as set forth in
this Agreement as certified in writing by an arbitrator or (2) if following an
arbitration award under this contract, the arbitrator certifies in writing to
the parties that the Employer after reasonable opportunity to do so has failed
or refused to comply with said award.
ARTICLE XI - SAFETY AND HEALTH
------------------------------
SECTION 1.
---------
The Company will adhere to Federal and State Laws regarding safety and
health, and shall provide without cost to the employees gloves and
nonprescription safety glasses where the Company requires their use. This
Section shall be subject to the grievance procedure hereof.
SECTION 2.
---------
The Company agrees to maintain an advisory Safety Committee at all
times. The Safety Committee shall consist of Company representatives and two
representatives of the bargaining unit including one (1) union xxxxxxx.
ARTICLE XII - DURATION OF AGREEMENT
-----------------------------------
This Agreement shall remain in full force and effect through Midnight
September 30, 1998, and shall thereafter be continued for successive periods of
one year unless notice of termination, alteration or modification in writing by
Registered Mail is given by either party at least sixty (60) days before the
next annual
19
expiration date of the Agreement. Upon receipt of such notice, a conference
shall be arranged within ten (10) days.
INTERNATIONAL UNION OF ELECTRONIC,
ELECTRICAL, SALARIED MACHINE &
FURNITURE WORKERS, AFL-CIO XXXXXX-XXXXX INDUSTRIES
BY: /s/Xxxxx X. Xxxx BY:/s/ Xxxx X. Xxxxx
----------------------------- ---------------------------
XXXX X. XXXXX
/s/ X. Xxxxxx PRESIDENT C.O.O.
-----------------------------
----------------------------
----------------------------
INTERNATIONAL UNION OF ELECTRONIC,
ELECTRICAL, SALARIED MACHINE & FURNITURE
WORKERS, AFL-CIO
BY:/s/ Xxxxxxxx
_______________________________
20
EXHIBIT A
Effective October 1, 1995, the Company will pay to the United Furniture
Workers Insurance Fund, 0000 Xxx Xxxx Xxxxx, Xxxxxxxxx, XX., 00000, the amount
set forth in Article VII.
Title to all monies paid to the Insurance Fund will be vested and remain
exclusively in the "Trustees" of the Insurance Fund and the parties hereto agree
that either the Union or the Insurance Fund or both shall have the right, and
full discretion, to take any action necessary to collect any contributions or
monies due and owing to the Insurance Fund and to secure delinquent reports with
such action, including but not limited to submitting the matter to arbitration
pursuant to the arbitration provisions of this agreement or instituting legal
action in the courts. In the event of any such arbitration or legal action,
instituted by the Union or the Insurance Fund against the Employer to collect
delinquent contributions or to secure delinquent reports, it is hereby agreed
that the Employer shall be liable for a maximum amount of damages equal to the
existing prime rate at the First National Bank of Chicago plus 2%, plus up to a
maximum of 20% liquidated damages plus reasonable attorneys' fees, provided that
no amount shall be due and owing until the Employer has been given written
notice by certified mail of any delinquencies and the Employer fails to pay the
unpaid balance due fourteen days after receipt of said notice.
Employees will be contributing contributions in accordance with Article
VII of this Collective Bargaining Agreement.
The contributions shall be paid for the purpose of providing to the
employees such death benefit, accident and sickness benefit and various health
insurance benefits as are outlined in the booklet to be distributed to all
eligible employees by the United Furniture Workers Insurance Fund.
The Employer agrees to make available to the Union and/or the United
Furniture Workers Insurance Fund, upon written notice, any and all books and
records of the employer necessary to verify amount owed by Employer.
21
