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AGREEMENT
KOSMOS CEMENT COMPANY
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KOSMOSDALE - BATTLETOWN, KENTUCKY
AGREEMENT
BETWEEN
KOSMOS CEMENT COMPANY
OPERATED BY SOUTHDOWN, INC.
AND
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
CEMENT, LIME, GYPSUM & ALLIED WORKERS DIVISION
LODGE D-595
1996-1999
[GRAPHIC OMITTED]
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TABLE OF CONTENTS
ARTICLE I - RECOGNITION......................................................1
ARTICLE II - UNION AND COMPANY COOPERATION...................................1
ARTICLE III - THE BASE CREW..................................................2
ARTICLE IV - UNION SECURITY..................................................2
ARTICLE V - MANAGEMENT RIGHTS................................................5
ARTICLE VI - WAGES...........................................................5
ARTICLE VII - VACATIONS......................................................6
ARTICLE VIII - JURY DUTY - WITNESS PAY ......................................7
ARTICLE IX - COPIES..........................................................8
ARTICLE X - GRIEVANCE PROCEDURE..............................................8
ARTICLE XI - NON-BARGAINING UNIT EMPLOYEES...................................9
ARTICLE XII - STRIKES AND LOCKOUTS..........................................10
ARTICLE XIII - HOLIDAYS.....................................................10
ARTICLE XIV - SENIORITY.....................................................11
ARTICLE XV - LAYOFF/RECALL..................................................12
ARTICLE XVI - JOB BIDDING...................................................13
ARTICLE XVII - INCAPACITATED EMPLOYEE.......................................14
ARTICLE XVIII - WORKWEEK AND OVERTIME.......................................15
ARTICLE XIX - BEREAVEMENT LEAVE.............................................16
ARTICLE XX - ANNUAL RESERVE TRAINING LEAVE..................................16
ARTICLE XXI - SAFETY AND HEALTH.............................................17
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ARTICLE XXII - BULLETIN BOARD...............................................17
ARTICLE XXIII - FURNISHING OF TOOLS.........................................17
ARTICLE XXIV - TRAINING COMMITTEE...........................................17
ARTICLE XXV - OVERTIME LUNCH ALLOWANCE......................................18
ARTICLE XXVI - BENEFIT PLANS................................................18
ARTICLE XXVII - TERMS OF AGREEMENT..........................................20
SCHEDULE A - PAY PROCEDURES.................................................21
A1 - GAINSHARING.............................................21
A2 - LEADPERSONS.............................................21
A3 - JOB GROUPINGS...........................................21
A4 - PROGRESSION SCHEDULES...................................23
LETTERS OF AGREEMENT........................................................25
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This Agreement, dated May 1, 1996 is made by and between the
KOSMOS CEMENT COMPANY, Louisville, Kentucky, and the INTERNATIONAL BROTHERHOOD
OF BOILERMAKERS, CEMENT, LIME, GYPSUM, AND ALLIED WORKERS DIVISION LOCAL LODGE
NO. D595, referred to respectively as the "Company" and the "Union."
ARTICLE I - RECOGNITION
1.1 The Company recognizes the Union as the sole bargaining agent for its
employees as is defined in paragraph 1.2 who work at the Company's operations at
Louisville and Battletown, Kentucky, for the purpose of collective bargaining
with respect to rates of pay, hours, and other conditions of employment.
1.2 The term "employee" as used in this Agreement shall include all permanent
production and maintenance employees including lead men, but excluding all
clerical employees, guards and supervisors as defined in the Act and all other
employees.
1.3 Union officers and members shall refrain from any union solicitation on
company time.
1.4 All provisions of this Agreement shall be applied to all employees without
regard to race, color, sex, religious creed, age, national origin, or veteran
status. The Company and the Union will comply with all Federal and State laws
concerning the rights of employees, including the Americans with Disability Act
and the Family and Medical Leave Act.
ARTICLE II - UNION AND COMPANY COOPERATION
2.1 The Union agrees that it will cooperate with the Company in all matters of
industrial relations including carrying out Equal Employment Opportunity
obligations and will support the Company's efforts to assure a fair day's work
on the part of its members and that it will actively strive to eliminate
absenteeism and other practices which restrict production. It further agrees
that its members will abide by the rules of the Company in its effort to prevent
accidents, to eliminate waste in production, conserve materials and supplies,
improve the quality of workmanship, and strengthen goodwill between the Company
and its employees.
2.2 The Union agrees that it will use its best efforts to
assist the Company in enhancing the competitiveness of the Company, and
augmenting or increasing revenue generation. For example, the
Union will support, through community involvement and pro-active measures, the
efforts of the Company to obtain permits and/or other necessary certifications
to utilize alternative fuels.
2.3 The parties hereto intend by this Agreement to provide a stabilized and
mutually beneficial relationship between them and to insure the production of
quality products on schedule and at competitive costs during the life of this
Agreement. The Company and the Union will also
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establish an active Employee Participation Program to facilitate ideas and
develop and implement programs to improve the overall operations and enhance
employee involvement.
ARTICLE III - THE BASE CREW
3.1 The parties agree that due to business conditions and the need for effective
plant operations, it is necessary to utilize outside contract labor to perform
work in the operation. Base Crew employees will perform most of the work to be
done at the plant with the remainder to be performed by various numbers and
types of outside contractors. The parties recognize that the Company is in the
primary business of manufacturing cement and other products requiring
similar process (utilizing hazardous waste as fuel). The
parties further recognize that the business is limited in scope and that the
Company should avoid, to the extent possible, getting into other businesses such
as special projects, special maintenance other than routine preventive
maintenance, laborer work, janitorial work, trucking and the like, where other
business concerns may have more expertise, competence, economies of scale or
other advantages. Therefore, the Union agrees that the Company has the right to
subcontract these and other types of work when in the Company's judgement it is
in the economic best interest of the Company and its employees to do so. The
base crew concept is intended to enhance the job security of our permanent
employees.
3.2 In an effort to provide the employees of Kosmos Cement Company with positive
labor relations and maximum job security, it is not the intention of the Company
to permanently displace members of the bargaining unit through the use of
contract employees without substantial economic justification.
ARTICLE IV - UNION SECURITY
4.1 All employees covered by this Agreement, who as of
May 1, 1991, are members of the Union in good standing, and all employees who
thereafter become members, shall, as a condition of continued employment, remain
members of the Union in good standing for the duration of the Agreement. All new
employees covered by the Agreement shall, as a condition of employment, become
members of the Union on or immediately after successful completion of their
probationary period. The Company will notify the Union of all permanent new
hires' addresses, telephone numbers, and Social Security numbers.
4.2 The Company agrees that during all reasonable times when the plant is
operating a duly accredited representative of the Union shall be entitled access
to the premises during the regular working hours for the purpose of assisting in
the adjustment of pending grievances, provided that the designated
representative of the Company is properly notified in advance and the Union
representative establishes proper identification. If it is necessary to go into
the work area of the plant (for example, to view a particular operation relative
to a pending grievance), then the appropriate Company official shall accompany
the Union representative so that both parties see the same thing so as to aid in
resolving the grievance.
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4.3 The Union Grievance Committee representing the employees in matters other
than negotiations shall consist of not more than three (3) employees.
4.4 Any employee elected or appointed to a full time position with the
International Brotherhood of Boilermakers, Cement, Lime, Gypsum and Allied
Workers Division may be granted a leave of absence up to one (1) year provided
thirty (30) days written notice is given to the Company prior to the beginning
of such leave. During such leave, seniority shall accumulate. Insurance benefits
shall be suspended upon the commencement of such leave and will be in effect the
first day of returning to work with the Company. Upon returning to work such
employee shall be reinstated to his or her former job within the bargaining unit
by means of the then-existing bidding procedure. The Company agrees to consent
to the absence of no more than one (1) employee at any time under this
paragraph.
4.5 Up to two (2) employees may be excused from work for up to two (2) weeks in
a calendar year for the purpose of attending an International Union meeting or
convention. The leave shall be granted provided the Company receives fifteen
(15) days advance written notice.
4.6 Check-off: During the term of this Agreement, the Company will continue to
check off monthly dues, and initiation fees, each as designated by the Treasurer
of the Local Union, as membership dues in the Union on the basis of and for the
term of individually signed check-off authorization cards, a copy of which is
reproduced below, or hereafter submitted to the Company. The Company shall
promptly remit any and all amounts so deducted to the Treasurer of the Local
Union with a list of the employees from whom the deduction was checked off. On
or before the last Friday of each calendar month the Union shall submit to the
Company a summary list of cards transmitted in each month. Dues for a given
month shall be deducted weekly; deductions on the basis of authorization cards
submitted to the Company shall commence with respect to dues for the month in
which the Company receives such authorization cards. Unless the Company is
otherwise notified, the only Union membership dues to be deducted for payment to
the Union from the pay of the employee who has furnished an authorization shall
be the monthly Union dues. The Company will deduct initiation fees when notified
as designated by the Treasurer of the Local Union. The Union shall indemnify the
Company and hold it harmless against any and all suits, claims, demands and
liabilities that shall arise out of or by reason of any action that shall be
taken or not taken by the Company for the purpose of complying with the
foregoing provisions of this Article, or in reliance on any list or certificate
which shall have been furnished to the Company by the Union under any such
provisions.
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CHECK-OFF AUTHORIZATION
FOR INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, CEMENT DIVISION
I hereby authorize _____________________ (Name of Employer) to deduct
from any wages earned or to be earned by me, as your employee, and assign
to Local Lodge No. , of the International Brotherhood of Boilermakers, Iron
Ship Builders, Blacksmiths, Forgers and Helpers, the sum of money
determined by the Union in succeeding calendar weeks, beginning with the
week next following thereof, until such weekly deductions shall total the
sum of my Initiation or Reinstatement Fees, and thereafter the sum of money
set by the Union per month in payment of my Membership Dues, in accordance
with its Constitution and Bylaws, and became due to it as my Membership
Dues in said Union.
This assignment, authorization and description shall be irrevocable for the
period of one (1) year, or until the termination of the current Agreement
between the Employer and the Union, whichever occurs sooner; and I agree and
direct that this assignment, authorization and direction shall be automatically
renewed and shall be irrevocable for successive periods of one (1) year each, or
for the period each succeeding applicable Agreement between the Employer and the
Union, whichever is shorter, unless written notice is given by me to the
Employer and the Union not more than twenty (20) days and not less than ten (10)
days prior to the expiration of each period of one (1) year, or of each
applicable collective agreement between the Employer and the Union, whichever
occurs sooner.
Executed as _____________________ this ______ day of __________, 1991.
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ARTICLE V - MANAGEMENT RIGHTS
5.1 The Union recognizes that the management of the plant, river, and quarry
operations, the direction of the working forces, including the right to hire,
discipline for just cause, the right to make and change and enforce (after
posting) rules for the maintenance of discipline and safety; the exclusive
rights to determine partial or permanent discontinuance or shutdown of
operations (the Company's only obligation when exercising this right is to
bargain with the Union over the effects of that decision); the right to promote,
or transfer employees; the right to transfer and relieve employees from duty
because of lack of work or other legitimate reason, and the right to establish
and change the working schedules and duties of employees are vested in the
Company, except as otherwise provided in the Agreement. The listing of specific
rights in this Agreement is not intended to be nor shall be considered
restrictive of or a waiver of any of the rights of management not listed and not
specifically surrendered herein, whether or not such rights have been exercised
by the Company in the past.
ARTICLE VI - WAGES
6.1 It is agreed that for the duration of this Agreement,
the wage groups and the rates of pay shall be those set in
Schedule "A".
6.2 (1) All scheduled work beginning between 5:00
A.M. and 12:59 P.M. inclusive, shall be considered 1st
shift work.
(2) All scheduled work beginning between 1:00 P.M.
and 8:59 P.M. inclusive, shall be considered 2nd shift
work.
(3) All scheduled work beginning between 9:00 P.M.
and 4:59 A.M. inclusive, shall be considered 3rd shift
work.
6.3 Each employee regularly scheduled to work on the 2nd shift shall be paid a
premium of fifty cents ($.50) for all hours worked by him or her on that shift.
Each employee regularly scheduled to work on the 3rd shift shall be paid
sixty-five ($.65) for all hours worked by him or her on that shift. These
premium rates do not apply to day workers even though they may work over into a
premium pay shift. If, however, the day worker is scheduled to take the place of
a regular scheduled shift worker, then the premium rate applies. Employees
called out will receive the appropriate shift premium for hours worked prior to
their normal shift.
6.4 All consecutive hours (exclusive of meal periods) worked by an employee who
normally begins work at a time specified in the preceding paragraphs, shall be
deemed to be worked by him or her on the shift on which he or she begins work.
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ARTICLE VII - VACATIONS
7.1 Each employee meeting all the requirements of paragraph 7.2 of this Article
shall be eligible for vacation in accordance with the following schedule:
Continuous Service Vacation Weeks
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1 Year of Service 2 Weeks
5 Years of Service 3 Weeks
10 or more Years of Service 4 Weeks
7.2 An employee must have been actively employed at some time during the
calendar year to be eligible for vacation with pay during that calendar
year. An employee shall receive a full vacation provided that such employee
has actually worked at least one thousand two hundred (1,200) hours during
the year preceding his or her most recent anniversary date. Employees who
work less than one thousand two hundred (1,200) hours in the preceding year
will receive their vacation pay prorata with one/twelfth of their vacation
entitlement paid for every one hundred of hours of actual work performed.
An employee shall be considered as having worked for the purpose of
vacation eligibility on the basis of an eight (8) hour day and forty (40)
hour week during absence from work because of a work related illness or
injury for a period not to exceed four hundred (400) hours.
7.3 Vacations will not be cumulative, and the final right to allotment of
vacation period is exclusively reserved to the Company in order to ensure the
orderly operation of the plant. When requested vacation periods conflict,
preference shall be given to the employee with the most plant seniority. In the
event a paid holiday falls during an employee's vacation period, the employee
shall receive holiday pay in addition to vacation pay.
7.4 The Company determines the number of employees by classification allowed on
vacation on any given week. Management will schedule vacation in a fair and
equitable manner. Vacation scheduling will begin on November 15th of the
previous year and be concluded by December 15th. The final schedule will be
posted by the Company no later than January 1st.
7.5 Vacation must be scheduled by week or weeks (a week is seven (7)
calendar days). Employees may request vacation pay in lieu of the time off
provided they produce a good and sufficient reason to the Company and it is
mutually agreed by the Company and the Union.
7.6 Vacation pay will based on forty (40) hours for each week of entitlement at
the employee's highest rate held for at least thirty (30) weeks in the previous
calendar year.
7.7 Prime Months Vacation Scheduling.
(1) Prime months for vacation scheduling are June,
July, and August.
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(2) Employees may request a vacation of up to two
(2) consecutive weeks during prime months in
their classification based on plant seniority. The
Company will approve a vacation request
provided there are openings in the schedule and
it does not adversely affect the efficient
operations of the plant or quarry.
(3) Once all employees in a job classification have
had an opportunity to request a prime month
vacation provided there are openings and it does
not adversely impact operations, the Company
will consider second requests.
7.8 One (1) week of vacation can be taken one day at a time provided:
(1) The employee makes a request at least seventy-
two (72) hours in advance, and,
(2) The request is granted by the Company.
(3) Employee may use the above to cover a day of
sickness provided the Company is notified as
soon as possible but no later than 30 minutes
before the start of the shift.
It is the intent to arrange absences so that the Company will not
incur penalties, and, as such, the Company reserves the right to
disallow any request for a one day vacation.
ARTICLE VIII - JURY DUTY - WITNESS PAY
8.1 It is agreed that the Company shall make up the wage loss incurred by a
regular employee (as distinguished from a probationary employee) because of jury
service by payment of the difference between the amount received
for such jury service on the day such employee would have been regularly
scheduled to work and his or her regular rate of pay computed on the same basis
as vacation pay. Any employee reporting for jury duty will not be required to
work his or her regular shift that calendar day. The employee will be excused
for the entire day without loss of pay. Hours spent on jury duty service and
paid for hereunder shall be considered as time actually worked for the 40 hour
overtime requirements. Further as outlined above, the Company shall make up the
wage loss incurred by an employee when subpoenaed as a witness in an action when
the employee or the Union or the Company are neither the plaintiff nor the
defendant.
8.2 To receive pay from the Company under this provision, the employee must
provide the Company with a statement signed by an official of the court
certifying as to the employee's service as a juror or court witness or
appearance in court for such purposes, the date or dates of attendance, and the
compensation paid him or her exclusive of any transportation and/or subsistence
allowance.
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ARTICLE IX - COPIES
9.1 The Labor Agreement and Summary Plan Descriptions for the Pension Plan,
401K, and Insurance Plan will be printed at Company expense. The Company will
provide each member with a copy of the booklet.
ARTICLE X - GRIEVANCE PROCEDURE
10.1 Should differences arise during the term of this Agreement between the
Company and the Union, or an individual employed by the Company, as to the
meaning and application of the provisions of this Agreement, an xxxxxxx effort
shall be made by the parties to settle such differences promptly and in the
following manner:
(1) STEP I. The complaint, within three (3) days
of its occurrence, or the occurrence of the matter out of
which the complaint arises, may be taken up by the employee involved, with or
without Union representation, with his or her supervisor. The employee shall
state the specific article(s) and paragraph(s) of the Contract that is alleged
to have been violated in order for the grievance to be considered and processed.
(2) STEP II. If no satisfactory settlement is
reached in Step I, the matter shall be reduced to writing and presented to the
Plant Manager within five (5) days from the date of the meeting with the
supervisor. The employee shall state the specific article(s) and paragraph(s) of
the Contract that is alleged to have been violated in order for the grievance to
be considered and processed. At the time of presentation, or within five (5)
days, the Plant Manager or his designee will meet with the grievance committee
to hear and discuss the grievance. The Company shall answer the grievance in
writing within five (5) days after said meeting.
(3) STEP III. If no agreement is reached in Step
II, the Committee may, within five (5) days of the receipt of the above answer,
refer the matter to higher officials of the Company and the Union, who may
attend a meeting to be held at a time mutually agreed to by the parties.
(4) STEP IV. Any grievance not settled in Step III
above may be referred to the Dispute Resolution Panel. This panel will consist
of one (1) official of the International Union, one (1) official of the
Corporate Human Resources Department, and one (1) individual mutually agreed
upon by these two (2) officials. Notice to refer a grievance to the Dispute
Resolution Panel shall be given in writing within fifteen (15) days after being
notified of the decision rendered in Step III or the matter will be considered
closed. Only one (1) grievance may be submitted to or be under review by the
Dispute Resolution Panel at any one (1) time unless by prior mutual written
consent of the parties. The Dispute Resolution Panel shall have no power to add
to or subtract from or change, modify or amend any of the provisions of this
Agreement. The decision rendered by the Dispute Resolution Panel will be final
and binding upon the Union,
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the Company, the grievant, and all the employees covered by this Agreement. The
Dispute Resolution Panel shall interpret and apply the terms of this Agreement;
they shall not substitute their discretion and judgement for that of the
Company. Disputes shall be settled by majority vote. The actual vote cast by
each party shall not be revealed. It is expressly agreed that the Dispute
Resolution Panel shall not have the authority to decide any matter involving the
exercise of a right reserved to management under this Agreement. The expenses
incident to the services of the third party, including the cost of the meeting
room, etc. shall be shared equally by the Company and the Union.
10.2 Any grievance growing out of a discharge or suspension must be submitted in
writing by the aggrieved employee directly to the Union and from the Union to
the Director of Human Resources or Plant Manager within forty-eight (48) hours
from the time the Union is notified in writing of the discharge or suspension or
it will not be recognized and action taken shall be final.
10.3 The time limits referred to in the foregoing paragraphs exclude
Saturdays, Sundays and holidays.
10.4 Any grievance not presented or appealed within the time limits provided,
unless mutually agreed in writing to extend the time, shall be considered
settled on the basis of the decision which was not appealed and shall be final
and binding on the parties involved.
10.5 Grievances presented in any of the regular steps set forth and not answered
within the specified time shall be considered as having been appealed to the
next step of the grievance procedure.
10.6 The Company will schedule grievance meetings at mutually convenient times
and the Union Grievance Committee as defined in Article 4.3 will not lose
regularly scheduled pay for time spent in grievance meetings.
ARTICLE XI - NON-BARGAINING UNIT
EMPLOYEES
11.1 It is understood and agreed that during the normal course of operations it
may be necessary for non-bargaining unit employees to perform some bargaining
unit work from time to time. Such work will be incidental to the normal duties
of said non-bargaining unit employees, as long as such work does not permanently
displace or replace a bargaining unit employee. Such work shall include work
involving corrective action which must be performed expeditiously; instruction
or training of employees; demonstration; inspection or testing of equipment;
work of an emergency nature; and development work for new processes and/or
procedures.
11.2 Temporary employees will be used to perform work that is incidental to the
manufacturing of cement. This will include but not be limited to clean-up,
janitorial duties, lawn and ground maintenance and short-term projects, etc. In
addition, the parties recognize that temporary
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employees may be used for other assignments such as to address temporary surges
in business, to facilitate the scheduling of permanent employees for training
and development opportunities, to enhance the job security of permanent
employees, etc. Temporary employees will not be permitted to work for the plant
or the quarry more than 180 consecutive calendar days.
11.3 The Company will not expand beyond three (3) temporary employees without
first notifying the Union committee in writing. Any new temporary employees
added cannot be utilized for longer than 180 calendar days without mutual
agreement between the parties.
ARTICLE XII - STRIKES AND LOCKOUTS
12.1 The Union agrees that there shall be no picketing or strikes by the Union
or by its members, of any kind or degree whatsoever, or walkout, suspension of
work, slowdowns, limiting of production, or any other interference or stoppage,
total or partial, of the Company's operations for any reason whatsoever, such
reasons including, but not limited to, unfair labor practices by the Company or
any other Employer. It is further agreed that neither the Union or its members
shall engage in the above prohibited conduct in support of picketing, strikes or
any labor dispute actions engaged in by any other organization or person. In
addition to any other recourse or remedy available to the Company for violation
of the terms of this Article by the Union and/or any Union member, the Company
may discharge or otherwise discipline any employee who authorizes, causes,
engages in, sanctions, recognizes, or assists in any violation of this Article.
The Company will not engage in any lockouts during the term of this Agreement.
ARTICLE XIII - HOLIDAYS
13.1 The Company recognizes the following nine (9) paid holidays per year: New
Year's Day, Good Friday, Memorial Day, 4th of July, Labor Day, Thanksgiving, Day
after Thanksgiving, Christmas Eve, and Christmas Day.
13.2 Holiday pay will be equal to eight (8) hours pay at the employee's straight
time hourly rate. Such holiday pay will not be paid if the employee is absent
from work on the holiday if scheduled to work on the holiday or if the employee
is absent on the scheduled day preceding or following the holiday unless such
absences are excused by Management. In no event shall a holiday be paid for
unless an employee has also actually worked at least one (1) day during the
fifteen (15) day period immediately preceding or immediately following the
holiday. If a ten (10) hour shift employee is scheduled off for a holiday
falling during his or her regular four (4) days of work, he or she will receive
ten (10) hours of holiday pay.
13.3 If an employee is required to work on a holiday, he or she will receive
eight (8) hours pay for the holiday (holiday pay) plus one and one-half (1-1/2)
times the employee's regular hourly rate for the first eight (8) hours actually
worked on the holiday. The employee will receive two
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(2) times the employee's
regular hourly rate for hours worked in excess of eight (8) on the holiday.
13.4 The eight (8) hours holiday pay shall be counted toward the calculation of
overtime pay paid for working in excess of forty (40) hours per week.
13.5 Since the employee is receiving one and one-half (1-1/2) times the
employee's regular hourly rate for hours actually worked on the holiday, such
hours actually worked on the holiday shall not be counted toward the calculation
of overtime pay received for working in excess of forty (40) hours per week.
13.6 When a holiday falls on Sunday, it will normally
be observed on the following Monday.
ARTICLE XIV - SENIORITY
14.1 Seniority shall consist of an employee's length of continuous service with
the Company since the employee's last day of hire at its facility located at
Louisville and/or
Battletown, Kentucky.
14.2 Each new employee shall be considered as a probationary employee for the
first ninety (90) calendar days of full time employment after which the
employee's seniority shall date back to his or her date of hire. There shall be
no seniority among probationary employees. Such employees shall not have
recourse to the grievance procedure of this Agreement and may be laid off or
discharged as exclusively determined by the Company.
14.3 Seniority and the employment relationship shall
be automatically terminated when an employee:
1. is discharged;
2. is terminated upon permanent shutdown of the
Company's facilities;
3. is laid off for a period of twenty-four (24)
months or the length of his or her seniority as of
his or her last day of work, whichever period is
shorter;
4. voluntarily quits which shall be deemed to
include:
a) failure to notify the Company of the employee's
intention to return to work after layoff within
three (3) working days, and to actually report to
work within seven (7) working days (unless this
latter period is extended in writing by the
Company) after he or she has
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been notified by certified mail (either by delivery
or attempted delivery) at his or her last address
appearing on the Company's records to report to
work;
b) an absence for two (2) consecutive scheduled
work days without notifying the Company or
reporting to work unless excused by
Management in advance;
c) the employee fails to return to work on the
first regularly scheduled work day following the
termination of any leave of absence or any other
leave approved by the Company unless excused
by Management.
5. retires.
14.4 When a vacancy occurs for which a laid off employee is qualified, he or she
will be given notice of recall at his or her last address as shown on Company
records. The employee must notify the Company of the employee's intention to
return to work after layoff within three (3) working days and must actually
report to work within seven (7) working days after he or she has been notified.
This may be extended for an additional seven (7) days if the employee has
another job which requires a two (2) week resignation notice.
14.5 An employee on continuous absence due to disability shall accrue seniority
and retain recall rights for a period not to exceed twenty-four (24) months. An
employee absent because of disability shall only be returned to work after he or
she is physically able to perform the job. However, should such an employee be
declared totally and permanently disabled prior to twenty-four (24) months, such
employee's name shall be removed from the payroll and a notice to this effect
will be sent to his or her last address as shown on Company records.
14.6 Seniority lists agreed to by and between the Company and the Union shall be
posted on the bulletin board as of May 1 and November 1 of each year.
Corrections shall be made in the seniority lists when it is proved an employee
is placed in the wrong position on said list, but all requests for corrections
must be made within thirty (30) days from date of posting or the list shall be
valid as posted. The Union will be given a copy of the seniority list.
14.7 All employees have the obligation to notify the Company of their current
address and telephone number and immediately advise the Company of any changes.
ARTICLE XV - LAYOFF/RECALL
15.1 The Company recognizes that all employees shall retain the right to
seniority preference in cases of layoffs and recall. The last employee hired
shall be the first laid off and the last laid off the first rehired. Such
preferences in the cases of layoffs and recall shall take into consideration the
employee's ability to perform the available work and the efficient operations of
the operation. It is recognized that, in periods where business conditions
necessitate that the level of production be reduced to a point where only a
minimum of employees is required, it shall be
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necessary, in some cases, to deviate from strict plant seniority in order that
some positions be available to service and adjust the equipment when production
requirements increase. In the event of a layoff which is scheduled to last
ninety (90) or more days, the Company will layoff employees in Job Groups one
(1) through four (4) by plant seniority. Any such employee who displaces the
least senior person in a position must be qualified to perform in that position
within a reasonable period of time not to exceed thirty (30) days of being
placed on the job. If the Company does not layoff in accordance with seniority,
the Company will meet with the Union to explain the reasons prior to the layoff.
15.2 In the event that an employee is displaced by the installation of
mechanical equipment, change in production methods, the installation of new or
larger equipment, the combining of jobs, the elimination of jobs, or by a more
senior person, the employee may elect to exercise his or her plant seniority to
displace the least senior person in a position the employee is qualified to
perform within a reasonable period of time not to exceed thirty (30) days of
being placed on the job.
15.3 In the event the Company determines it is necessary to permanently change
the shift schedule or off days of an employee, the affected employee may
exercise seniority to displace a less senior employee within the same
classification.
ARTICLE XVI - JOB BIDDING
16.1 When the Company determines a permanent vacancy exists, other than a
minimum pay job and it cannot be filled from senior employees within the same
job classification, the Company will post a notice of such fact, such notice to
remain posted for a period of five (5) days, not including Saturdays, Sundays,
or holidays. Any employee on vacation during the posting period (not to exceed
two (2) weeks) will have forty-eight (48) hours from the time the employee was
scheduled to return from vacation to determine if any bids were posted during
the vacation and to submit a job bid for consideration. This notice shall state
rates of pay, hours, current shifts and off days, and job requirements.
Employees who wish the job shall be considered in the manner provided herein in
paragraph 16.2 and the successful applicant's name should the job be awarded,
will be posted within fourteen (14) days after the bid is removed from the
bulletin board, no more than thirty (30) days where testing is required. The
successful bidder will be placed on the job as needed. If a successful bidder is
not assigned to the job within ninety (90) days following the awarding of the
bid, and the Company still intends to fill the job, the employee shall receive
the applicable rate of the new job. If there are no qualified bidders, the
Company may assign the least senior qualified employee who does not hold a bid
job to the vacancy.
16.2 The following factors shall apply in the awarding of all jobs:
(1) Qualifications of the Applicant (which shall
include: ability to perform the work, aptitude,
skills, experience, training for the job, score on
the mechanical aptitude examination published by
The Psychological Corporation, and attendance);
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(2) Physical ability to perform the essential functions
of the job;
(3) Experience gained through holding jobs under
the bid system, outside schooling, as well as
skills, knowledge, training and ability acquired
by an employee prior to employment with the
Company, will be given consideration in
awarding jobs. Experience gained through
temporary reassignments will not be given
consideration in awarding jobs.
(4) In the event that the three previous criterion are
equal the position will be filled by the most
senior applicant.
If the employee selected shall fail to qualify after a fair trial
period, in the exclusive judgement of the Company he or she shall be returned to
his or her former position and the next bidder shall be given consideration. No
employee with a formal disciplinary action in the record within the last 12
months may be considered for promotion. Employees may only bid for promotional
job opportunities except by mutual agreement between the parties an employee may
bid on a job which would not result in a promotion when there is a good and
sufficient reason.
16.3 Temporary Reassignment. An employee who is temporarily assigned by his or
her supervisor to perform work of a higher paid job classification will be paid
the rate of such higher job classification for time actually worked. An employee
temporarily assigned by his or her supervisor to perform work in an equal or
lower paid classification will be paid the base hourly wage rate of his or her
permanent classification.
16.4 In no event shall the Company be requested or required to post any job
temporarily vacated by reason of vacations, illness, or injury. The Company, at
its discretion, may create temporary jobs not to exceed one hundred twenty (120)
work days, which may be extended by mutual agreement between the Company and the
Union. Should the Company determine that any temporary job become permanent, the
Company shall post the job as provided in this Article.
16.5 In the event that two (2) or more existing positions are combined, the
affected employees in the classification will be assigned, if needed, in the new
combined job by seniority and ability to perform the work. Any vacancies created
by this action will be bid in accordance with Article 16.1.
ARTICLE XVII - INCAPACITATED EMPLOYEE
17.1 Any employee who becomes incapacitated and, on the basis of competent
medical opinion, cannot perform the duties of his or her regular job may be
placed in a vacant or other job by mutual agreement between the Local Management
and the Local Union Committee providing the employee can perform the job within
a reasonable training program. In placing an incapacitated employee under this
provision, the Parties will take into consideration the fair placement of any
employee who may be displaced by such assignment.
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ARTICLE XVIII - WORKWEEK AND OVERTIME
18.1 During the life of this Agreement it is understood that the work day shall
be twenty-four (24) hours commencing with the beginning of the employee's
morning shift and the work week shall be seven (7) days beginning with the
beginning of the morning shift on Monday. One and one-half (1-1/2) times the
employee's regular hourly rate shall be paid for all hours worked in excess of
forty (40) hours per week.
18.2 One and one-half (1-1/2) times the employee's regular hourly
rate shall be paid for all hours worked in excess of eight (8) in
a day and two (2) times the employees regular hourly rate
shall be paid for all hours worked in excess of twelve (12) in a work day for
employees scheduled to work a normal eight (8) hour day. One and one-half
(1-1/2) times the employee's regular hourly rate shall be paid for all hours
worked in excess of ten (10) in a day and two (2) times the employee's regular
hourly rate shall be paid for all hours worked in excess of fourteen (14) in a
work day for employees scheduled to work a normal ten (10) hour day. Daily
overtime shall not be counted toward the calculation of overtime pay received
for working in excess of forty (40) hours per week.
18.3 Callouts.
(1) If an employee is called out after his or her regular shift
and after leaving the plant, or on off days, he or she shall be paid a minimum
of four (4) hours pay at one and one-half (1-1/2) times the employee's regular
rate. However, such hours shall not be counted toward the calculation of
overtime pay paid for working in excess of forty (40) hours per week.
(2) If such employee is notified twelve (12) hours or more in
advance of his or her shift, the four (4) hour minimum will not apply.
(3) If an employee is called out within four (4) hours of his or
her scheduled shift start, he or she shall receive the applicable call out rate
for the first four (4) hours worked.
18.4 Weekly xxxxxxx schedule shall be posted no
later than 10:00 A.M. on Fridays barring unforeseen
circumstances outside the Company's control.
18.5 Employees who have not been notified of a schedule change after the Friday
posting and who report to work shall be guaranteed a minimum of four (4) hours
pay if no work is available. If an employee is assigned to work, he or she shall
be scheduled a minimum of eight (8) hours of work during the work day. This
provision shall not apply if failure to provide work is due to circumstances
outside the Company's control such as but not limited to fire, flood, storm,
major equipment failure, or utility failure. Every reasonable effort shall be
made to notify employees in advance of their reporting to work.
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18.6 Report Pay.
If an employee shows up for work at his or her scheduled time and is not put to
work (sent home for lack of available work) he or she shall receive four (4)
hours pay.An employee who works will be paid for hours worked but not less
than four (4) hours pay if sent home by the Company. This provision shall not
apply if failure to provide work is due to circumstances outside the Company's
control such as, but not limited to, fire, flood, storm, major equipment
failure or utility failure.
18.7 The current Overtime Distribution Policy will be posted by the Company.
This policy may be amended by a mutual agreement between the parties.
ARTICLE XIX - BEREAVEMENT LEAVE
19.1 When an employee who has completed the probationary period is absent from
work to arrange for and/or attend the funeral of his or her parent, stepfather,
stepmother, wife or husband, son or daughter, or stepchildren, brother, sister,
grandfather, grandmother, grandchildren, father-in-law, mother-in-law, spouse's
grandparents, spouse's brother, spouse's sister, the Company will pay up to the
next three (3) scheduled work days (up to the next four (4) scheduled days off
with pay if the employee is required to travel beyond a radius of five hundred
(500) miles), for eight (8) hours at the employee's regular hourly rate for each
scheduled workday the employee is absent.
19.2 Funeral leave will be granted within seven (7) days of the death or service
only for absences occurring on the employee's regularly scheduled workdays and
will not apply to employees on layoff or other non-working status. Hours paid
under this Article will be counted as hours worked for the purpose of computing
overtime. To be eligible for benefit under the Article, the employee must supply
reasonable documentary evidence of covered death, family relationship, and
attendance at the funeral or service.
19.3 Employees who normally work a ten (10) hour, four (4) day work week will be
compensated in accordance with paragraph 19.1 for up to ten (10) hours at the
employee's regular hourly rate for each scheduled workday absent provided the
employee would have worked ten (10) hours on those days of absence. The maximum
funeral leave allowance for ten (10) hour shift employees will be thirty (30)
hours of pay per bereavement.
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ARTICLE XX - ANNUAL RESERVE TRAINING
LEAVE
20.1 Employees who are members of organized reserve components of the Armed
Forces, including the National Guard, will be allowed leave of absence annually
for the purpose of attending required military training encampments or cruises.
The Company will pay any employee who goes on such leave of absence the
difference between the employee's straight time pay for up to (2) two weeks and
the employee's military pay including longevity pay but excluding all allowances
such as rent, subsistence, uniform and travel. Payment will be made when the
employee returns from reserve training on presentation of satisfactory proof of
the amount of pay received.
ARTICLE XXI - SAFETY AND HEALTH
21.1 A joint Safety and Health Committee shall be established consisting of
members, appointed by the Company and the Union. The committee will consist of
not more than four (4) members from the Union and four (4) members from the
Company plus the Plant Manager or his representative. Meetings will be held
regularly to address safety and health concerns and make recommendations to the
Plant Manager.
ARTICLE XXII - BULLETIN BOARD
22.1 The Union agrees to post only notices concerning elections, meetings,
reports and other official Union business and notices of social and recreational
activities on the Company bulletin board. A copy of each notice will be supplied
to the Plant Manager at the time of its posting. The Union agrees further that
it will post no matter which is in the disinterest of the Company. However,
notwithstanding the above, it is understood that the Company's decision
concerning the use of the bulletin board shall be final.
ARTICLE XXIII - FURNISHING OF TOOLS
23.1 The Company shall furnish all special tools and equipment. Maintenance
employees shall furnish their own tools; in case of breakage, loss, or worn out
tools, the Company will replace or repair such tools. All breakage or loss shall
be reported immediately to the Company.
ARTICLE XXIV - TRAINING COMMITTEE
24.1 A joint Union Management Training Committee will be established consisting
of an equal number of representatives from the Union and the Management.
Other representatives may be invited to participate in the meetings from time to
time by mutual agreement as needed.
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24.2 The purpose of the Committee will be to assist management by making
recommendations as to the selections, evaluations and progression of employees
in training and the overall successful administration of the plant training
program. The Committee shall meet quarterly or otherwise as necessary to
accomplish this objective.
24.3 A trainee will not be disqualified from the program without first being
advised of and placed in a probationary status unless the trainee's conduct
requires immediate removal. The Parties recognize it may be necessary to rotate
shift assignments to enable employees to obtain the necessary work experience.
Employees placed on probationary status shall not advance in pay.
ARTICLE XXV - OVERTIME LUNCH ALLOWANCE
25.1 Any employee who works more than ten (10) consecutive hours or twelve (12)
consecutive hours for employees on ten (10) hour shifts where such overtime
hours are unscheduled, shall be given a lunch allowance. Any employee called out
who works more than four (4) consecutive hours outside his or her normal shift
will receive a lunch allowance. No lunch allowance will be provided if such
overtime hours are scheduled with twelve (12) hours advance notice. The lunch
allowance will not exceed $6.
ARTICLE XXVI - BENEFIT PLANS
26.1 During the term of this Agreement the Company will provide employees with
participation in the Southdown, Inc. Medical Plan, the Southdown, Inc. Group
Dental Benefit Plan, the Southdown, Inc. Life Insurance and Accidental Death and
Dismemberment Plan, the Southdown, Inc. Long Term Disability Plan, the
Southdown, Inc. Pension Plan, the Southdown, Inc. Retirement Savings Plan, and
the Southdown, Inc. Voluntary Life Insurance Plan, and continue said plans for
the life of this Agreement unless the parties agree mutually to modify the
provisions of these plans.
26.2 During the life of and for the term of this Agreement dated May 1, 1996,
the Company will provide post retirement medical insurance coverage to all
eligible employees covered under this bargaining unit who retire
after having achieved age 62 with at least 15 years of company service. The
provisions of this coverage will be the same as the benefits and eligibility
requirements provided for in the Southdown Inc. Retiree Medical Insurance Plan
which are subject to modification.
26.3 SICKNESS AND ACCIDENT BENEFITS
If an employee with at least one (1) year of service is absent from work due to
disability, sickness and accident benefits are payable. The disability must
prevent the employee from performing the duties of the job because of a
non-occupational sickness or injury. This benefit is payable if confined to a
hospital or home.
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After a waiting period of three (3) work days, disability benefits are payable
at a rate of twenty five dollars ($25) per day for the fourth and fifth work day
of absence, then at a rate of fifty dollars ($50) per day for a maximum of five
days per week. The waiting period will be waived if the employee is hospitalized
as an in-patient and the daily benefits will be paid immediately at the fifty
dollar ($50) rate. A disabled employee may receive weekly sickness and accident
benefits during the period of disability not to exceed five (5) months. It is
the employee's responsibility to make application for this benefit and the
attending physician must document the nature of the disability and expected
date of return to work.
No benefits shall be payable for the following:
1. disability which you are not under the direct care
of a licensed physician.
2. sickness or injury which is purposefully self-
inflicted while sane or insane.
3. disability due to an injury arising out of the
course of employment.
4. disability due to disease which benefits are
payable under Worker's Compensation,
Occupational Disease or similar law.
This benefit terminates upon retirement or upon termination of employment.
Any employee currently not participating in the long term disability (LTD) plan
and who applies for LTD coverage no later than July 1, 1996 and is rejected or
shows evidence of prior rejection, will be eligible for up to fifty two (52)
weeks of sickness and accident benefits.
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ARTICLE XXVII - TERMS OF AGREEMENT
27.1 After ratification by the members of the Local Union, this Agreement shall
become effective and remain in force and effect and be binding upon the parties
hereto from May 1, 1996, to and including April 30, 1999, and it shall continue
to be in full force and effect thereafter from year to year until either party
on or before February 28 of any year, beginning February 28,1999, gives written
notice to the other party of its desire or intention either to alter and modify
or terminate the same. If such notice is given, the parties hereto shall begin
negotiations not later than April 1 in such year.
IN WITNESS WHEREOF, the Union has caused this Agreement to be
executed in its name, after due authorization by a vote of a majority of its
members, and the Company has caused it to be executed in its name, by its duly
authorized representatives.
INTERNATIONAL BROTHERHOOD OF
KOSMOS CEMENT COMPANY
BOILERMAKERS, CEMENT, LIME,
GYPSUM AND ALLIED WORKERS,
DIVISION XXXXX XXXXX XX. X000
__________________________ _________________________
By: X. X. Xxxx By: Xxxxxxx X. Xxxxxxx
__________________________ _________________________
By: Xxxxxxx X. By: Xxxxx X. Xxxxx
__________________________ _________________________
By: Xxxxx X. Sw By: Xxxxx X. Xxxxxx
__________________________ _________________________
By: Xxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx
__________________________ _________________________
By: Xxxxxxx X. Xxxxxxx By: Xxxx X. Xxxxxxxx
__________________________
By: Xxxxxxx X. Xxxxxxx
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__________________________
By: Xxxxxx X. Xxxxx
Signed this 1st day of May, 1996. Signed this 1st day of May, 1996.
22 `
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SCHEDULE A - PAY PROCEDURES
A1 - GAINSHARING: The employees will participate in a gainsharing program
developed by the Company.
A2 - LEADPERSONS: Leadpersons may only be appointed at the sole discretion of
management. They shall be paid $1.25 per hour in addition to their normal rate
of pay while they are designated as leadpersons to perform certain
quasi-supervisory tasks incidental to their normal hands-on work.
A3 - JOB GROUPINGS: The following positions shall be grouped together for pay
purposes:
JOB GROUP ONE - GENERAL PLANT WORKER
Town Pick-Up Truck Driver
Sweeper
Bobcat Operator
Quarry Pick-up Truck Driver
Laborer
JOB GROUP TWO - UTILITY WORKER
River Watchman
Storeroom Attendant
Maintenance Lift Truck Driver
Shipping Lift Truck Driver
Shipper/Packer*/Loader
Root Catcher
Utility Person
*The Company will continue the current practice of providing an incentive to
packhouse employees of $3/1,000 bags of product packed per day.
JOB GROUP THREE - MATERIAL HANDLERS
Quarry Lube Serviceman
Crusher Operator
Clay Feeder
Clay Dryer Operator
Drill Operator
Quarry Driver
Quarry Barge Loader
Quarry Front-end Loader
Material Handler
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JOB GROUP FOUR - PROCESS/HEAVY EQUIPMENT
Process Attendant
Quarry Mobile Equipment Operator
Xxxxxxx Operator
Resource Recovery Specialist
JOB GROUP FIVE - LABORATORY
Laboratory Technicians
JOB GROUP SIX - SKILLED REPAIRMAN
Mechanical Repairman*
Electrical Repairman*
Garage Mechanic
Machinist
*Requires Department of Labor Journeyman's Certificate
to achieve Journeyman's rate.
JOB GROUP SEVEN - INSTRUMENTS & CONTROL
Instrument Technician**
Control Room Operator
**Must be Journeyman Electrical Repairman.
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A4 - PROGRESSION SCHEDULES: The following wage schedules reflect a forty-five
cent ($.45) increase effective 5/1/96, a forty-five cent ($.45) increase
effective 5/1/97, and a forty-five cent ($.45) increase effective 5/1/98.
5/1/96 5/1/97 5/1/98
JOB GROUP ONE
Starting Rate $ 9.80 $10.25 $10.70
End of 6 Months Worked $10.45 $10.90 $11.35
JOB GROUP TWO
Starting Rate $10.45 $10.90 $11.35
End of 6 Months Worked $11.35 $11.80 $12.25
End of 12 Months Worked $12.30 $12.75 $13.20
End of 18 Months Worked $12.60 $13.05 $13.50
JOB GROUP THREE
Starting Rate $12.15 $12.60 $13.05
End of 6 Months Worked $13.00 $13.45 $13.90
End of 12 Months Worked $13.50 $13.95 $14.40
End of 18 Months Worked $14.00 $14.45 $14.90
JOB GROUP FOUR
Starting Rate $12.70 $13.15 $13.60
End of 6 Months Worked $13.05 $13.50 $13.95
End of 12 Months Worked $13.45 $13.90 $14.35
End of 18 Months Worked $13.85 $14.30 $14.75
End of 24 Months Worked $14.25 $14.70 $15.15
End of 30 Months Worked $14.65 $15.10 $15.55
End of 36 Months Worked $15.15 $15.60 $16.05
JOB GROUP FIVE
Starting Rate $12.95 $13.40 $13.85
End of 6 Months Worked $13.35 $13.80 $14.25
End of 12 Months Worked $13.85 $14.30 $14.75
End of 18 Months Worked $14.35 $14.80 $15.25
End of 24 Months Worked $14.80 $15.25 $15.70
End of 30 Months Worked $15.10 $15.55 $16.00
End of 36 Months Worked $15.45 $15.90 $16.35
End of 42 Months Worked $15.80 $16.25 $16.70
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JOB GROUP SIX
Starting Rate $13.25 $13.70 $14.15
End of 6 Months Worked $13.55 $14.00 $14.45
End of 12 Months Worked $13.85 $14.30 $14.75
End of 18 Months Worked $14.15 $14.60 $15.05
End of 24 Months Worked $14.45 $14.90 $15.35
End of 30 Months Worked $14.75 $15.20 $15.65
End of 36 Months Worked $15.05 $15.50 $15.95
End of 42 Months Worked $15.35 $15.80 $16.25
End of 48 Months Worked $16.00 $16.45 $16.90
JOB GROUP SEVEN
Starting Rate $16.00 $16.45 $16.90
End of 6 Months Worked $16.20 $16.65 $17.10
End of 12 Months Worked $16.35 $16.80 $17.25
End of 18 Months Worked $16.50 $16.95 $17.40
End of 24 Months Worked $16.70 $17.15 $17.60
End of 30 Months Worked $16.85 $17.30 $17.75
End of 36 Months Worked $17.05 $17.50 $17.95
End of 42 Months Worked $17.20 $17.65 $18.10
End of 48 Months Worked $17.40 $17.85 $18.30
Requires satisfactory progress in each 6 month period worked in above designated
classifications.
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LETTERS OF AGREEMENT
May 1, 1996
Xx. X. X. Xxxx
International Representative
International Brotherhood of Boilermakers
Cement, Lime, Gypsum and Allied Workers Division
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Dear X.X.:
When bargaining unit employees are working side-by-side with
outside contractors and there is a need to work overtime to continue or complete
the job, the bargaining unit employees will be offered the overtime to work with
the outside contractors provided they are qualified to perform the work.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
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May 1, 1996
Xx. X. X. Xxxx
International Representative
International Brotherhood of Boilermakers
Cement, Lime, Gypsum and Allied Workers Division
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Subject: Letter of Understanding
Current Practices
Dear X. X.:
This will confirm our discussions during 1996 contract
negotiations. The Company will continue our current policies regarding safety
procedures, uniforms, and employee travel expenses at our Louisville and Quarry
operations during the life of this Agreement for the following:
o Supply to employees personal protective safety
equipment required by the Company such as
hard hats, safety shoes not to exceed two (2) pairs
per year up to $110 per pair, hearing protection,
safety glasses, and respirators.
o License fee reimbursement for blasting and
welding certification as required by the
Company.
o Current uniform arrangements.
o Reasonable reimbursement for meals and other
expenses while traveling on Company business.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
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May 1, 1996
Xx. X. X. Xxxx
International Representative
International Brotherhood of Boilermakers
Cement, Lime, Gypsum and Allied Workers Division
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Subject: Seniority Provisions for Same Date
Hire and Prospective Employees
Dear X.X.:
Confirming our Agreement reached during the KOSMOS negotiations
in Louisville, Kentucky, the initial plant seniority roster as referenced in
Article 14.6 of the Labor Agreement will be ranked in seniority order by the
lottery system for current employees hired on the same date. This seniority
roster will be used for prospective application of provisions in the Labor
Agreement.
Prospective same date hires will be placed on the seniority list
according to the date and time of their initial employment application.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
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May 1, 1996
Xx. X. X. Xxxx
International Representative
International Brotherhood of Boilermakers
Cement, Lime, Gypsum and Allied Workers Division
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Subject: Letter of Understanding - Dispute Resolution Panel
Dear X.X.:
This will confirm our discussion during 1996 negotiations
covering Louisville Operations regarding the Dispute Resolution Panel.
The Parties agree to select by mutual agreement three (3)
impartial representatives who will be available to serve for the term of this
Agreement for a reasonable fee when called upon to serve on the Panel. When
necessary for the Panel to meet to resolve a grievance in accordance with
Article 10.1(4), the Parties will mutually select one of these impartial
representatives to serve on the Panel.
It is understood that following the discussions and hearing of
the grievance, the Panel will determine the outcome of the grievance. The
outcome of the grievance will be determined by majority vote of the Panel and
communicated by a brief written description of the disposition of the grievance
by the impartial representative. The individual vote of the Panel will not be
disclosed, only the fact that a majority was reached. If additional information
is needed prior to making a determination on the result of the grievance, it
must be gathered and the decision will be made within three (3) working days.
The Company or Union representatives may call upon various witnesses to be
present at the hearing and the cost incurred or lost-time pay involved for the
witness will be the responsibility of the Party calling the witness.
The Company or Union Representative may cancel the use of any
third party representative with thirty (30) days notice to the other Party and
another impartial representative will be selected in accordance with the above.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
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May 1, 1996
Xx. X. X. Xxxx
International Representative
Cement, Lime, Gypsum, and Allied Workers Division
International Brotherhood of Boilermakers
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Re: Letter of Understanding
Dear X. X.:
Pursuant to our discussions during the 1996 Kosmosdale labor contract
negotiations, the Company agrees to establish a joint committee for the purpose
of developing an incentive plan for employees assigned to the
Shipper/Packer/Loader position. This incentive plan would be subject to mutual
agreement. If mutual agreement is not reached, the current packhouse incentive
will remain as in the Agreement.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
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May 1, 1996
Xx. X. X. Xxxx
International Representative
Cement, Lime, Gypsum, and Allied Workers Division
International Brotherhood of Boilermakers
00 Xxxxxxxxxx Xxxxx
Xxxxxxxxxxxx, XX 00000
Re: Letter of Understanding - Working Spouse
Dear X. X.:
Pursuant to our discussions during the 1996 Kosmosdale Labor Contract
negotiations, if an employee's spouse is eligible for health care coverage under
another employer's group health plan, that spouse will not be eligible to
participate in the Southdown Medical Plan. If the premium which the spouse is
required to pay exceeds $30.00 per month for individual coverage under that
plan, the Company will offset the cost in excess of $30.00 per month by reducing
the employee's monthly contribution to the Southdown Plan. The offset will not
be greater than the total monthly premium the employee is required to pay for
the Southdown Plan. Affected employees will provide reasonable documentation to
substantiate the cost of spousal coverage.
Sincerely,
Xxxxxxx X. Xxxxxxx
Director, Employee Relations
BMR:mjb
cc: X. X. Xxxxx
X. X. Xxxxxx
X. X. XxXxx
