EXHIBIT 10.3
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AGREEMENT BETWEEN XXXXXXX STRONG - TIE CO., INC. AND
SHEET METAL WORKERS' LOCAL NO. #371
FOR THE PERIOD JULY 18, 1997 TO JULY 17, 2000
TABLE OF CONTENTS
ARTICLE I PURPOSE .............................. Page 3
ARTICLE II JURISDICTION ......................... 3
ARTICLE III UNION SECURITY ....................... 3
ARTICLE IV CHECK-OFF ............................ 4
ARTICLE V HOURS AND OVERTIME ................... 4
ARTICLE VI WAGES ................................ 5
ARTICLE VII FUNERAL LEAVE ........................ 6
ARTICLE VIII HOLIDAYS ............................. 7
ARTICLE IX JURY SERVICE ......................... 8
ARTICLE X VACATIONS ............................ 8
ARTICLE XI SHIFTS ............................... 9
ARTICLE XII GRIEVANCE PROCEDURE .................. 10
ARTICLE XIII ACCESS TO EMPLOYER ESTABLISHMENT ..... 11
ARTICLE XIV HEALTH CARE PLAN ..................... 11
ARTICLE XV PENSION PLAN ......................... 12
ARTICLE XVI INDUSTRIAL INJURIES .................. 12
ARTICLE XVII SENIORITY ............................ 13
ARTICLE XVIII SAFETY ............................... 14
ARTICLE XIX LEAVE OF ABSENCE ..................... 15
ARTICLE XX GENERAL .............................. 15
ARTICLE XXI DURATION OF AGREEMENT ................ 17
XXXXXXX STRONG-TIE CO., INC., San Xxxxxxx Xxxxxx, 0000 Xxxxxxxxx Xx,
Xxx Xxxxxxx, Xxxxxxxxxx, party of the first part, hereinafter sometimes
called the "COMPANY", and SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION,
LOCAL XXXXX XX. 000 XX XXXXXXXX XXXXXXXXXX, 00 Xxxxxxxxxxx Xxxxx, Xxxxxxx,
Xxxxxxxxxx, party of the second part, hereinafter sometimes called the
"UNION".
ARTICLE I
PURPOSE
Section 1. This agreement, made and entered into by and between
parties specified above, established by mutual consent of both parties
specific rules and regulations to govern employment, wage scale, and
working conditions of sheet metal production workers and helpers, shop
cleaners and maintenance men, parties to and recognized under this
Agreement. Office, clerical, professional, supervisors, guards, watchmen,
as defined in the National Labor Relations Act are excluded from the terms
of this Agreement.
Section 2. It is understood that maintenance men and shop cleaners
hired after July 13, 1985, will be required to join the Union. Further, it
is agreed that in the event of a work stoppage all people in this
classification may enter the plant at his/her option to only accomplish
work within their normal jobs. If such employees are subsequently put to
production work, the Union has the right to call all maintenance and
cleaning employees under Union affiliation to leave the plant, regardless
of whether they are in violation or not.
ARTICLE II
JURISDICTION
Section 1. The terms of the Agreement are hereby recognized and
accepted as binding on both parties hereto and shall apply in a manner and
under conditions specified herein to manufacture, fabrication, and assembly
of all types of louver and vent products and to all types of variations of
timber connectors and any and all new products not now manufactured at the
above location and all associated production work included in the
jurisdictional claims of the Sheet Metal Workers' International Association
and none but sheet metal workers and welders and recognized by the Union
shall be employed on said work by the Company.
ARTICLE III
UNION SECURITY
Section 1. The Company recognizes the Union as the sole
representative of employees in classifications of work set forth in Article
II of the Agreement.
Section 2. Membership in the Union, as a condition of employment, is
required after thirty (30) days following the beginning of employment or
the execution date of the Agreement, whichever is later in the case of
particular employee. The Company is free to hire irrespective of Union or
non-Union affiliation. Membership in the Union shall be available to new
employees on the same terms and conditions applicable to other employees.
If the Company has reasonable grounds for believing that Union membership
was denied or terminated for any reason other than the employee's failure
to pay regular initiation fees or dues, it is not required to discharge any
such employee.
Section 3. The Company will notify the Union of anticipated openings.
Applicants referred by the Union will be given consideration with all other
applicants.
ARTICLE IV
CHECK - OFF
Section 1. The Company shall, during the life of this Agreement, upon
writtten authorization by the employee on a form approved by the Company
and the Union, in conformance with the Labor Management Relations Act of
1947, as amended, deduct from the first pay period of each month, Union
dues in the amount as authorized by the Union, such Union dues shall be for
the following month.
Section 2. Initiation Fee: The Company shall deduct initiation fees,
upon written authorization by the employee for twenty (20) weeks starting
with the second pay period from the date of hire in the amount as
authorized by the Union.
Section 3. New Hires: The Employer shall direct all newly-hired
employees to the office of the Union. The Union will then dispatch the
employees with two (2) copies of a clearance form, one (1) copy going to
the Company, and the other to the Shop Xxxxxxx.
Section 4. No later than ten (10) days after such deduction, on a
form provided by the Union, the Company shall remit to the Union a check in
the total amount of dues and initiation fees which have been deducted,
together with a list of names of the employees from whose pay said dues and
initiation fees have been deducted and the amount deducted from each.
Initiation fees and Union dues can be included in the same check mailed ten
(10) days after deduction for union dues.
Section 5. All bargining unit employees shall receive once each
calendar month a supplemental payment as follows: Effective January 1,
1997, ten cents ($.10) per hour for each hour paid. The Company shall
forward the supplemental payment to the Local Union once each calendar
month for the preceeding month hours paid as a supplemental dues payment.
ARTICLE V
HOURS AND OVERTIME
Section 1. The regular shift for Day and Swing shifts will consist of
eight (8) hours, with a one-half (1/2) unpaid meal period. (The regular
shift for Midnight will consist of eight (8) hours, with a one-half (1/2)
hour paid meal period.) A shift starting time will be established for each
shift in each department. The starting time for day shift shall be at 7:00
a.m., plus or minus one (1) hour. The starting time for swing shift will
3:00 p.m., plus or minus one (1) hour. The start time for the midnight
shift will be 11:00 p.m., plus or minus one (1) hour. The fixed starting
time for any shift may only be changed by mutual consent of the employees
involved and the Company. In the event of a change in starting time,
special needs may be accommodated, if possible, by agreement between the
affected employee and the Company. Personal emergencies will be
accommodated by the Company, if possible. It will not be the intent of
this section to offset overtime.
Section 2. The first eight (8) hours of work on a given day shall be
compensated at regular pay. All hours worked over eight (8) but less than
twelve (12) on a given work day shall be compensated at time and one-half
(1.5 rate). All hours worked over twelve (12) on a given work day shall be
compensated at double time (2.0 rate). Any employee who starts work before
the regular starting time on any shift shall be compensated at time and
one-half (1.5 rate) after eight (8) hours. If sent home by the company
before eight (8) hours worked, then any hours worked before his starting
time shall be at time and one-half (1.5 rate).
Section 3. For all hours worked on Saturday, time and one-half (1.5
rate) shall be paid and no employee shall be required to work in excess of
eight (8) hours. Saturday hours in excess of eight (8) shall be by mutual
consent of the Company and the employee involved and shall be compensated
at double time (2.0 rate). All work performed on Sunday up to eight (8)
hours will be compensated at double time (2.0 rate). All work performed on
Sunday in excess of eight (8) will be by mutual consent of the employee
involved and the Company, and shall be compensated at double time and one-
half (2.5 rate).
Section 4. All work in excess of eight (8) hours, Monday through
Friday, shall be by mutual consent of the employee and the Company.
Required overtime will be distributed among employees with preference given
to those normally performing the work. The Company shall provide
reasonable advance notice of required overtime.
Section 5. There shall be no pyramiding of overtime. Nothing
contained in this Agreement shall be interpreted as requiring a duplication
or pyramiding of holiday, weekend, daily or weekly overtime payments
involving the same hours of labor.
ARTICLE VI
WAGES
Section 1. The following wage rates are established as the basic
hourly rate for each department.
Effective Effective Effective
07/18/97 07/18/98 07/18/99
--------- --------- ---------
Warehouse/Production $ 15.40 $ 15.75 $ 16.10
Maintenance/Welding 15.85 16.20 16.55
Section 2. A. Entry level wages and progression to basic rates for
employees hired between 07/14/91 to 07/13/94 are as follows:
1st four months: $ 7.00 5th four months: $ 9.00
2nd four months: 7.50 6th four months: 9.50
3rd four months: 8.00 7th four months: 10.00
4th four months: 8.50 8th four months: 10.50
Thereafter Base
Section 2. B. Entry level wages and progression to basic rates for
employees hired after 07/18/94 are as follows:
1st six months: $ 7.00 6th six months: $ 9.50
2nd six months: 7.50 7th six months: 10.00
3rd six months: 8.00 8th six months: 10.50
4th six months: 8.50 After 60 months: 12.50
5th six months: 9.00 After 72 months: Base
Entry level wages apply only to new hires with no previous employment
history as a Sheet Metal Union production worker at Xxxxxxx Strong - Tie,
San Xxxxxxx Xxxxxx.
Section 3. A. Shift premiums for employees on the Swing shift will be
eighty (80) cents per hour. Shift premiums for employees on the Midnight
shift will be one (1) dollar per hour.
Section 3. B. The Company reserves the right to pay any or all
employees above the basic rate at the Company's discretion. Employees
currently above the basic rate will continue to receive their current
differential. Differentials based on specific jobs such as leads and
setups can be removed when the person(s) are no longer performing these
jobs.
Section 4. Employees covered by this Agreement who report for work by
the direction of the Company and are not placed to work, shall be entitled
to two (2) hours' pay at the established rate. This provision, however,
shall not apply under conditions over which the Company has no control.
Section 5. The welder classification is recognized by the $.45 cents
per hour premium over and above the normal scale for production workers.
If an employee is classified as a welder, he/she will receive welder pay
regardless of job assignment. If an employee's job is changed and is
permanently reassigned to other work, his/her classification will be
changed. In the event that an employee who is not classified as welder
temporarily does welding work he/she will receive welder pay for the hours
he/she welds. Such temporary assignment must be by mutual consent of the
Company and employee.
Section 6. Xxxxxxx must approve all overtime.
ARTICLE VII
FUNERAL LEAVE
Section 1. In the event of a death in the immediate family for any
employee who has attained senority, he/she will, upon request, be granted a
leave of three (3) working days immediately following such a death. The
employee on such leave will receive eight (8) hours' pay for those days at
his/her normal rate of pay. This provision does not apply if the employee
is on leave of absence or layoff.
A. For purposes of this provision, the immediate family shall be
restricted to father, mother, spouse, child, father-in-law, mother-in-law,
stepson, stepdaughter, brother, sister, grandmother, grandfather, brother-
in-law, and sister-in-law.
Section 2. In the event that additional time is needed, a leave of
absence may be applied for.
ARTICLE VIII
HOLIDAYS
Section 1. The following legal holidays shall be recognized and
observed within the territory covered by this Agreement on the date
established by the Federal or State law.
New Year's Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving Day
Day before Christmas Day
Christmas Day
Day before New Year's Day
Section 2. When a holiday falls on a Saturday, it will be observed on
the preceeding Friday. When a holiday falls on a Sunday, it will be
observed on the following Monday.
Section 3. Whenever a regular legal paid holiday falls on a Tuesday,
Wednesday, or Thursday, employees shall have the option, with the Company's
approval, of taking the Friday or Monday as the paid holiday, with the
understanding that work performed on the regular holiday shall be paid at
straight time.
Section 4. An employee after completing thirty (30) calendar days of
employment shall be paid for the above holidays at his normal rate of pay
including shift differential and any other premiums, for a full shift,
provided, however, that the employee shall have worked the full regularly
scheduled work day before and after the holiday; except that if an employee
is absent due to a medically certified illness, Company authorized absence,
or is detained due to justifiable circumstances beyond his control, he
shall not lose holiday pay as outlined above.
Section 5. Work performed on holidays will be paid at double time (2)
rate PLUS the regular straight-time holiday pay (1) for a total of triple
time (3).
ARTICLE IX
JURY SERVICE
Section 1. When a member of the Union working under the jurisdiction
of the Agreement necessarily loses time from work because of jury service
on a day on which he would normally have worked, he will be reimbursed by
the Company for the difference between the pay received for jury service
and his regular straight-time rate of pay for his regular scheduled hours
of work. It is understood that such reimbursement shall exclude travel
allowances and shall not be in excess or eight (8) hours per day of forty
(40) hours per week, less pay received for jury service.
Section 2. In order to qualify for the benefits herein described,
employees shall be required to provide the Company with a statement or
certification from the clerk of the court attesting to the time rendered.
Section 3. An employee called for jury service on any regular work
day shall report to his employer for work for such time as may be available
prior to the hour he is required to be in Court, and shall report back to
his employer upon being excused for Court. An employee who fails to so
report waives his right to reimbursement for time lost as herein provided.
Section 4. Any Swing or Midnight shift employee who is on jury duty
will be moved to day shift while he is on jury duty. He will continue to
receive shift premium.
ARTICLE X
VACATIONS
Section 1. Vacation and severance pay are hereby established under
the following schedule, based on straight-time hourly rate of pay. Swing
or Midnight shift time hourly rate of pay.
Section 2. Any production employee who has worked for the Company for
a period of one (1) year, and during that year worked a total of 1040
hours, shall be entitled to one (1) week's vacation, with pay. Any
employee who either has not been employed continuously by the Company for
one (1) year, or has not worked a total of 1,040 hours during that year
shall not be entitled to two (2) weeks' vacation with pay. Any employee
who either has not been employed continuously by the Company for one (1)
year, or has not worked a total of 1,040 hours during that year shall not
be entitled to any vacation.
Section 3. Any production employee who has worked for the Company for
a period of two (2) years or more and during that last year worked 1,040
hours or more, shall be entitled to two (2) weeks' vacation with pay.
Section 4. Any employee who has completed at least six (6) years
shall be entitled to the number of days of vacation shown in the following
table. Partial weeks of vacation must be taken in conjunction with
regularly scheduled weeks of vacation.
Full Years of Service Days of Vacation
--------------------- ----------------
6 Years 15
10 Years 16
12 Years 17
14 Years 18
16 Years 20
20 Years 21
22 Years 22
24 Years 23
26 Years 24
28 Years 25
All Years thereafter 25
Section 5. Any employee who is discharged for cause, or who has less
than 1,040 hours of employment and quits, will not be eligible for vacation
or severance pay.
Section 6. Vacation pay shall be paid on the payday preceeding the
employee's vacation provided the employee has notified the Company of
his/her request for such a payment by cutoff date for the payroll prior to
his/her vacation.
Section 7. Employees returning from layoff have a right to schedule
time off without pay for up to the accrued vacaton which was paid at the
time of layoff.
Section 8. Individual vacation days may be used as sick days provided
the employee calls before the start of the shift and has a verified signed
doctor's certicate.
ARTICLE XI
SHIFTS
Section 1. Shift work will be allowed in all classifications without
restrictions on the following basis:
Section 2. Employees on the day shift shall be compenstated at the
rate specified in Article VI. Pay for a full day shift shall be a sum
equivalent to eight (8) times the regular hourly rate.
Section 3. Employees on the swing shift shall be compensated at the
rate specified in Article VI plus the swing shift premium. Pay for a full
swing shift shall be a sum equivalent to eight (8) times the regular hourly
rate plus the swing shift premium.
Section 4. Employees on the midnight shift shall be compensated at
the rate specified in Article VI plus the midnight shift premium. Pay for
a full midnight shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus the midnight shift premium.
Section 5. IN THE EVENT THERE IS A THIRD SHIFT, THE COMPANY SHALL USE
THE LEAST SENIOR QUALIFIED EMPLOYEES.
ARTICLE XII
GRIEVANCE PROCEDURE
Section 1. The Company and the Union agree in the case of any and all
grievances concerning rate of pay, hours, or working conditions, or the
interpretation or application of this Agreement, the following procedure
shall be followed:
Section 2. Definitions for use in ARTICLE XII only:
Day Zero = The day of the occurrence, meeting, response, or
other action which starts a process with a time limit.
Day = A day ends at the end of the shift on which an employee
normally works.
Example: Day 1 for a day shift employee is the end of
the day shift on the day after the incident
occurs. All days are working days.
Pay for Grievance Time = A single shop xxxxxxx and the
aggrieved employee may be paid for up to one (1) hour for
handling a grievance at Step 1 and up to one (1) hour for Step
2. The pay will be for actual time in meeting with xxxxxxx.
Pay at Step 3 and beyond will be determined by the Union
Business Representative and the appropriate manager.
Step 1: When a grievable action occurs, the aggrieved employee must
meet with the xxxxxxx to discuss the problem. This meeting must take place
at least one (1) day after the incident and not more than five (5) days
after the incident. The employee must clearly request a grievance meeting
in a quiet place where communications can take place. Following this
meeting, the xxxxxxx must provide a verbal response to the employee within
one (1) day of the meeting.
Step 2: If the aggrevieved employee is not satisfied with the response
in Step 1, he/she may file a written greivance with the Shop Xxxxxxx at
least one (1) day after the reply is given in Step 1 and not more than five
(5) days after. The Shop Xxxxxxx will IMMEDIATELY take the written
grievance to the xxxxxxx and request a meeting. The xxxxxxx must hold such
a meeting as soon as possible. The meeting may not be delayed more than 24
hours. The xxxxxxx must accommodate this request by meeting in a quiet
place where communications can take place. The Shop Xxxxxxx must be
present and partcipate. Following this meeting, the foremen must provide a
written response to the employee within four (4) days of the meeting.
Step 3: If the aggrieved employee is not satisfied with the response
in Step 2, he/she may request the matter be referred to the Business
Representative of the local union. Such a request must be made at least
one (1) day and not more that five (5) days after the receipt of the
response given in Step 2. If the Business Representative agrees to handle
the grievance, he will schedule a meeting with the Plant Manager within
five (5) days of the receipt of the request. The meeting should be held as
soon as the schedules of the people involved will permit. At this step,
the plant manager and the Business Representative will determine who needs
to attend the meeting. It is generally understood the aggrieved employee
and the xxxxxxx will be involved. Following the meeting, the Plant Manager
and the Business Represenative are jointly responsible for responding to
the aggrieved employee in writing within ten (10) days of the 3rd Step
meeting. NOTE: Time limits in Step 3 may be extended by mutual agreement
of the Plant Manager and the Business Representative.
Step 4: If the aggrieved employee is not satisfied with the response
in Step 3, he/she may request the matter be referred to the Business
Representative and the Branch Manager. Such a request must be made at
least one (1) day and not more than five (5) days after the receipt of the
response given in Step 3. The Business Representative and the Branch
Manager shall attempt to reach a settlement before any other action is
taken. There are no restrictions on the actions that can be taken at this
step. However, if a meeting is needed, it shall be scheduled within five
(5) days of the receipt of the request by the Business Representative.
Following the meeting or other resolution of the grievance at this step,
the Branch Manager and the Business Representative are jointly responsible
for responding to the aggrieved employee within ten (10) days of the
meeting or other resolution. NOTE: Time limits in Step 4 may be extended
by mutual agreement of the Branch Manager and the Business Representative.
Step 5: Where settlement cannot be reached between the Company and
the Union in a prior step, an effort will be made to have the grievance
settled by use of the State Conciliation Service, or submitted to a single
arbitrator for settlement. The decision of the impartial arbitrator shall
be final and binding on both parties. All arbitration and/or conciliation
expenses shall be shared equally by the Union and the Company. Pending
such final settlement of the grievance, there shall be no lockout or strike
by either party to this Agreement.
Section 3. Shop stewards shall not solicit grievances.
ARTICLE XIII
ACCESS TO EMPLOYER ESTABLISHMENT
Section 1. It is hereby understood and agreed that a duly authorized
representative of the Union shall have access to the shops and opportunity
to discuss with employees, parties to this Agreement, matters of common
interest in performance of their duties. Said privilege is to be so
exercised that no unncecessary time be lost to the Company.
Section 2. It is further understood and agreed that there shall be no
discrimination against any member of the Union for union affiliation.
ARTICLE XIV
HEALTH CARE PLAN
Section 1. The Company agrees to contribute an amount specified in
Article XIV, Section 3, to the Sheet Metal Workers' of Northern California
Benefit Trust Fund. Payments will be made on all straight-time hours
worked. Holidays and Vacation Time will be considered time worked for the
purpose of determining hours worked in this Article.
Section 2. It is understood that the operation of the Sheet Metal
Workers' Local 371 Benefit Trust Fund shall be under the supervision of a
joint trusteeship of an equal number of employer and Union trustees.
Section 3. The Company's only obligation will be to pay the following
amounts in the Trust Fund. It is agreed that the maximum amount to be paid
will be the amount to maintain the existing benefits of the below amount,
whichever is less.
01/18/97 to 07/17/98 $ 2.55
07/18/98 to 07/17/99 2.67
07/18/99 to 07/17/00 2.79
ARTICLE XV
PENSION PLAN
Section 1. The Company agrees to make contributions into the Northern
California Sheet Metal Workers' Pension Trust as outlined below. It is
understood and agreed that such contributions are the Company's only
obligation.
07/18/97 to 17/17/98 $ 1.40/hour worked
07/18/98 to 07/17/99 1.45/hour worked
07/18/99 to 07/17/00 1.50/hour worked
Section 2. The payments and contributions outlined in Section 1 of
this Article shall be made in accordance with the applicable trust
agreement and regulations adopted by the Board of Trustees of the
applicable trust.
Section 3. The payments provided for herein shall be made in
accordance with the applicable Pension Trust Agreement and regulations
adopted by the Board of Trustees of the Trust. The payments provided for
herein are due on or before the tenth (10) day of the month following the
month in which the work was performed, and each monthly payment shall
included payments for all hours worked during the previous month. Payments
are delinquent if not paid by the twentieth (20) day of the month following
the month in which the work was performed.
Section 4. All new employees hired after 07/18/94 will be limited to
a hour $.50/hour worked pension. All new employees will receive full
pension monies after 72 months of service.
ARTICLE XVI
INDUSTRIAL INJURIES
Section 1. All industrial injuries, no matter how slight, must be
reported to the xxxxxxx at the time that the injury occurs. Any employee
sent home by the Company or Company physician because of an industrial
injury or industrial disease shall be paid for the remainder of his shift.
Section 2. The Company shall pay employees for reasonable appointment
and travel time lost during regular working hours in visits to the doctor
in the case of industrial injury or industrial disease only in cases when
such appointments cannot be scheduled outside normal working hours. It is
the employee's responsiblility to provide written verification from the
doctor's office in such cases. Failure to provide such verification will
result in the loss of pay until it is provided.
Section 3. Any employee who is off work due to an industrial injury
or an industrial disease shall be paid by the employer, commencing with the
first day he is off work due to such injury or disease, an amount when
added to Xxxxxxx'x Compensation which will equal 100% of the workers
regular take-home pay. These payments will be based on a regular 40 hour
week. Payments will be made for a period of three (3) weeks from the date
of injury or whenever the employee returns to work whichever is sooner.
However, this in only payable three (3) weeks per contract year with no
carryover from year to year.
Section 4. If the employee is admitted to a hospital within 24 hours
for industrial injury or industrial disease, the payments will commence the
day following the injury and will continue for a period of three (3) weeks
from the date of injury or whenever the employee returns to work, whichever
is sooner.
Section 5. If the employee with industrial injury is released for
light duty the Company agrees to place him in a light duty job consistent
with his condition if such work can be found.
Section 6. If an employee with an industrial injury or disease is
released to light duty, the Company agrees to place him in a light duty job
if one can be found. An employee refusing such light duty will be
considered to have abandoned their job as of the date of the injury.
Section 7. An employee failing for return to work from an industrial
injury as scheduled, or who fails to communicate within twenty-four (24)
hours with the Original, Signed Doctor's Certification on their condition
and progress on a regular basis, shall be considered to have abandoned
their job as of the date of the injury.
ARTICLE XVII
SENIORITY
Section 1. The Company agrees to handle layoffs on the basis of
senority provided that demonstrated ability and qualifications of the
individual involved are consistent with the requirements of the position
involved. In this section, departments are defined as Welding, Production
and Warehouse. The Company agrees to initiate a cross-training program by
department within six (6) months that will be available to all people who
want to participate in it.
Section 2. New employees shall be considered to be in training for
three months from date of hire. During this period the Company may
transfer, layoff or discharge such a training employee as it finds
advisable, and such action shall not constitute a greivance against the
Company.
Section 3. Employees who are laid off due to lack of work, or other
economic conditions, shall retain their senority and have recall rights for
twelve (12) months provided they have worked for the Company for more than
twelve (12) months.
Employees who have less than twelve (12) months of work time with the
Company shall retain seniority and have recall rights for three (3) months.
The original hire date will be the seniority date for any employee who is
"recalled" by the Company after his recall rights have expired, but shall
not be extended for more than 12 months after recall rights have expired (3
months and 12 months). The seniority for employees who are "rehired" will
be the new hire date.
Section 4. Failure of any employee to report to work within five (5)
days when called shall automatically cancel his seniority.
Section 5. Seniority is defined as your hire date unless you quit,
terminate, or are rehired.
Section 6. Union Shop Xxxxxxx: Shop Stewards will be recognized by
the Company and will have super seniority when it comes to layoff. Union
will provide the names to the Company.
ARTICLE XVIII
SAFETY
Section 1. Safety is one of the highest objectives of Xxxxxxx Strong
- Tie Company. It is agreed that the Union and the Company will establish
and maintain an effective, dynamic safety program which will require active
participation by all employees regardless of position. Program definition
and administration will be a joint responsibility of the Union and the
Company. Both the Company and the Union representative will have equal
reponsibility and authority. Such programs will include all aspects of
health and safety (including cleanliness of restrooms and lunch rooms) as
well as plant safety, training, etc.
Section 2. The Company agrees to continue to require pre-employment
drug and alcohol screening of new employees and those recalled from layoff.
Section 3. Employees may be requested to submit to drug and alcohol
screening (subject to Article XII, Grievance Procedures) when there is a
justifiable reason to believe an employee is working under the influence of
drugs or alcohol. Justifiable reasons will be limited to industrial injury
and to cases in which a person's behavior places him/her in danger of
harming him/herself, a fellow employee, or the equipment. If the employee
refuses to submit to screening, he/she can be sent home without pay. The
shop xxxxxxx must be present before any action is taken.
Section 4. Employees who are determined to be under the influence of,
or using drugs or alcohol while on company property may be terminated
immediately. For purposes of this agreement, "under the influence" is
defined as levels of alcohol or drugs in the employee's blood or urine that
are detectable by standard tests.
Section 5. An employee who is offered and accepts professional
assistance in lieu of being fired, will be granted a leave of absence of up
to thirty (30) days of treatment. Extensions may be granted upon
application and with the recommendation of treating professionals. The
total leave may not exceed ninety (90) days. Each employee may exercise
this provision one (1) time only.
ARTICLE XIX
LEAVE OF ABSENCE
Section 1. Leaves of absence shall be granted in cases of extreme
emergency and such other times as the work load may permit. Leaves of up
to three (3) months may be granted. Such leaves must be requested and
approved in writing. The Company will notify the Union via a copy of the
approval letter. Failure to return at the end of the leave period will be
considered as a resignation as of the first day of the leave. While on
leave the employee may not engage in or seek other employment, or be self-
employed. Employees who misrepresent facts to obtain or secure a leave of
absence may be discharged.
Section 2. In the event of a serious medical problem, as determined
by the Company, the Company will automatically place the employee on a
sixty (60) day leave of absence, with the understanding that the employee
is to return to work as soon as he/she is medically able. If the employee
is unable to return within sixty (60) days, an evalutaion will be made. If
appropriate, the leave will be extended for up to sixty (60) days more.
This process will continue until the employee has returned to work, or it
has been determined that he/she will not be able to return to work, or a
total twelve (12) months has been granted. If the employee is unable to
return to work within (12) months, he/she will be administratively dropped
from the payroll unless the Company and Union agree to a six (6) month
extension.
ARTICLE XX
GENERAL
Section 1. It is hereby understood and agreed that nothing included
in this Agreement shall be interpreted, construed or applied in any way
that will conflict with the provisions, requirements, purpose and intent of
the Constitiution of the Sheet Metal Workers' International Association or
with the obligations of its members in connection therewith. If the
Constitution is revised which causes any section to be in violation of the
constitiution, Article XX, Section 5, will apply.
Section 2. All parties hereto mutually agree to cooperate fully, in
every legal and proper way to establish and maintain, within the territory
in which they shall operate a code of ethics and fair practices which will
insure compliance with the specific terms of this Agreement, and to direct
their efforts, individually and collectively, as circumstances may warrant
and justify, to the elimination of unfair competition and destructive
practices.
Section 3. Except to the extent expressly abridged by a specific
provsion of the Agreement, the Company reserves and retains, solely and
exclusively, all of its common law rights to manage the business as such
rights existed prior to the execution of this or any other previous
agreement with the Union or any other union.
The sole and exclusive rights of management shall include, but are not
limited to, its rights to determine the existance or non-existance of facts
which are the basis of a management decision, to determine prices of
products, volume of production and methods of financing, to drop a product
line, to establish or continue policies, practices, and procedures for the
conduct of the business, and from time to time redetermine, the number,
location, relation and types of its operations, and the methods, processed
and materials to be employed, to discontinue processed or operations, or to
discontinue their performance by employees of the Company, to determine the
number of hours per day, or per week operation shall be carried on, to
select and to determine the number of types of employees required; to
assign work to such employees in accordance with the requirements
determined by management; establish and change work schedules and
assignments; to transfer, promote, or demote employees or to layoff,
terminate, or otherwise relieve employees from duty for lack of work, other
legitmate reasons, to determine the facts of lack of work, to make and
enforce reasonable rules for the maintenance of discipline; to suspend,
discharge, or otherwise discipline employees for just cause and otherwise
to take such measures as management may determine to be necessary for the
orderly, efficient, and profitable operation of the business all to the
best regard of its employees.
Section 4. The Company agrees that it is to the Company's advantage
to perform as much of the work with its own employees as possible, and to
that end the Company will make every effort to maintain maximum utilization
of its plant and equipment. It is understood and agreed that there shall
be no discrimination against any member of this Union for Union
affiliation.
Section 5. Should any part hereof, of any provisions contained herein
be rendered or declared illegal, or any unfair labor practice by reason of
any existing or subsequently enacted legislation or by any decree of a
Court of competent jurisdiction or by the decision of any authorized
governmental agency, including the National Labor Relations Board, such
invalidation of such part of portions of this Agreement shall not
invalidate the remaining proptions hereto, provided that upon such
invalidation the parties immediately meet and negotiate substitute
provisions for such parts or provision rendered or declared illegal or an
unfair labor practice. The remaining parts or provisions shall remain in
full force and effect.
Section 6. The Company agrees that in the event the Company decides
to suspend operations or move to another location which is more than fifty
(50) straight-line miles from the present location, the Company will notify
the Union not less than thirty (30) days before such action takes place.
In this, the Company agrees to gain with the Union concerning severance pay
for affected employees.
Section 7. Swing shift shop stewards will be allowed to take 2 hours
with pay in order to attend one monthly stewards' meeting.
Section 8. A. During the life of this Agreement, the Union will not
cause a strike or production stoppage of any kind, nor will any employee or
emplyees take part in a strke, intentionally slow down in the rate of
production, or in any manner cause interference with or stoppage of the
employer's work, PROVIDED the employer follows the grievance procedure in
Article XII.
B. Likewise, the Company agrees that there shall be no lockouts
during the life of this Agreement, provided the Union follows the grievance
procedure in Article XII.
C. It shall be considered a violation of this Agreement if employees
fail to report for work by reason of a legitimate, authorized picket line
established by another union which has a collective bargaining agreement
with the Company, except as provided for in Article I, Section 2. Except
for the above, the Union shall not observe a picket line placed for
organizational or any other purpose.
ARTICLE XXI
DURATION OF AGREEMENT
Section 1. All provisions of this Agreement shall go into effect on
July 18, 1997, and shall remain in effect until Midnight on July 17, 2000,
and shall continue in force and effect from year to year thereafter, unless
either party shall desire a change and shall file a notice in writing of
changes desired at least sixty (60) days prior to subsequent year ending
July 17, and the established wage scales and conditions specified herein
shall continue in force and effect pending negotiations and settlement of
any proposed changes desired by either party.
Section 2. In Witness and testimony of the provisions and terms
mutually agreed upon and specified herein, the duly authorized officers
and/or representatives of both parties hereby affix their signatures this
30th day of December 1996.
XXXXXXX STRONG - TIE SHEET METAL WORKERS'
SAN XXXXXXX XXXXXX INTERNATIONAL ASSOCIATION
LOCAL UNION NO. #371
By: /s/Xxxxxx Xxxxxxx By: /s/Xxxxxxxxxxx Xxxxxxx
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/s/Xxxxxx Xxxxx /s/Xxxxxx Xxxxxxx
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ADDENDUM TO THE PRESENT COLLECTIVE BARGAINING AGREEMENT BETWEEN
XXXXXXX STRONG-TIE AND SHEET METAL WORKERS' LOCAL #371
Article IV. Check-Off
Section 5. All bargaining unit employees shall receive once each
calender month a supplemental payment as follows: Effective January 1,
1997, ten cents ($.10) per hour for each hour paid. The Company shall
forward the supplemental payment to the Local Union once each calendar
month for the preceding month hours paid as a supplemental dues payment.
Article VI. Wages
All employees shall receive a fifty-cent ($.50) pay increase across
the board effective January 1, 1997
Article XI. Shifts
Section 5. In the event there is a third shift, the Company shall use
the least senior qualified employees.
Article XV. Pension
The pension shall be increased for all employees effective January 1,
1997, ten cents ($.10) per hour.
All employees shall receive a $500.00 signing bonus effective January
1, 1997.
XXXXXXX STRONG - TIE SHEET METAL WORKERS'
SAN XXXXXXX XXXXXX INTERNATIONAL ASSOCIATION
LOCAL UNION NO. #371
By: /s/Xxxxxx Xxxxxxx By: /s/Xxxxxxxxxxx Xxxxxxx
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