BETWEEN
[GRAPHIC LOGO OMITTED]
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, AFL-CIO
DISTRICT LODGE #190
AND
BEPEX CORPORATION
EFFECTIVE: OCTOBER 1, 1995
TERMINATES: APRIL 30, 1999
TABLE OF CONTENTS
I UNION RECOGNITION 1
II GENERAL PURPOSE AND SCOPE OF AGREEMENT 2
III MANAGEMENT RIGHTS 3
IV UNION SECURITY AND DUES 4
V NO STRIKE, NO LOCK OUT 6
VI NON DISCRIMINATION 6
VII RATES OF PAY AND JOB CLASSIFICATION 7
VIII HOURS AND SHIFTS 10
IX SENIORITY 14
X APPRENTICES 17
XI PAY FOR JURY DUTY 19
XII FUNERAL PAY 20
XIII HOLIDAYS 20
XIV VACATIONS 24
XV WORKING CONDITIONS AND SAFETY 27
XVI GRIEVANCE PROCEDURE 29
XVII UNION REPRESENTATION 33
XVIII HEALTH, MEDICAL AND DENTAL BENEFITS 33
XIX PENSION 35
XX SICK LEAVE SUPPLEMENTING U.C.D. OR WORKER'S
COMPENSATION INSURANCE 38
XXI PLANT RELOCATION AND SEVERANCE PAY 38
XXII BEPEX CORPORATION 401(K) SAVINGS 39
XXIII MISCELLANEOUS SUBJECTS 40
XXIV DURATION OF AGREEMENT 42
APPENDIX A WAGES 44
APPENDIX B DEFINITION OF JOB CLASSIFICON 45
APPENDIX C GROUP INSURANCE, HOSPITALIZATION, MEDICAL & DENTAL 48
APPENDIX D SICK LEAVE PLAN 49
APPENDIX E TRUST FUND OBLIGATIONS 53
XIX PENSION CONTRACT LANGUAGE 55
APPENDIX F COMPANY WORK RULES 56
APPENDIX G SAFETY RULES 61
APPENDIX H SUBSTANCE ABUSE POLICY 63
AGREEMENT
BETWEEN
BEPEX CORPORATION
AND
PETALUMA LODGE NO. 1596, DISTRICT NO. 190
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
AFL-CIO
EFFECTIVE: 10/1/95 TERMINATION: 4/30/99
--------------------------------------------------------------------------------
By and between BEPEX CORPORATION, located in Santa Rosa, California, party of
the first part, hereinafter referred to as "the Company"; and PETALUMA lodge no.
1596, district no. 190, OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, AFL-CIO, party of the second part, hereinafter referred to as
"the Union".
WITNESSETH: It is hereby mutually agreed as follows --
ARTICLE I
UNION RECOGNITION
SECTION 1. COVERAGE
This AGREEMENT shall cover all employees of the Company coming under the
jurisdiction of the UNION.
SECTION 2. RECOGNITION AND JURISDICTION
The COMPANY recognizes the UNION as the sole bargaining agent for employees
engaged in the making, manufacturing, repairing, dismantling, building,
maintaining, constructing, erecting, assembling of all tools and dies,
machinery, engines, motors, pumps and all other metal and plastic devices,
either driven by hand or power that comes under the jurisdiction of the
International Association of Machinists, as defined in its Constitution as of
this date, and the operation of all tools, machines, and mechanical devices, and
all welding used in connection with such work and such other classifications
that may be required to properly perform and complete the work or jobs of
employees performing work within the jurisdiction of the UNION. The above
jurisdictional claims are to specifically include the experimental and
development work on all tools, dies, jigs, fixtures and all heat treating used
in connection with such work.
SECTION 3. SPECIFICALLY EXCLUDED ARE
a) Supervisors and/or foremen who do not use tools of the trade except in a
supervisory capacity, and who by working, do not displace any employees
covered under this AGREEMENT, and who also are exempt from the wage and
hour provisions of the Fair Labor Standards Act of 1938 as amended. It is
not intended that the foregoing apply to leadermen, supervisors, ____- as
___ to use the tools of the trade.
b) Clerical and office employees engineering, professional, technical and
laboratory personnel, watchmen or guards, gardeners, office janitors and
all other employees unless they are covered by an addendum to AGREEMENT.
Also students hired for three (3) months or less who do not replace
employees covered by this AGREEMENT.
ARTICLE II
GENERAL PURPOSE AND SCOPE OF THE AGREEMENT
SECTION 1.
The general purpose of this AGREEMENT is to set forth the hours of work, rates
of pay and conditions of work to be observed by the COMPANY and the UNION; and
to provide orderly and harmonious procedures between the COMPANY and the UNION;
and to secure a prompt and fair disposition of grievances. It is the further
purpose of the AGREEMENT to prevent interruption of work and to promote the
efficient operation of the business.
SECTION 2.
In recognition of its responsibility as collective bargaining representative of
production and maintenance employees employed at its Santa Xxxx plant location
in the defined unit, the UNION agrees that it will cooperate fully in
discouraging absenteeism and tardiness and that it will support COMPANY efforts
to: raise the level of employee performance, eliminate waste and inefficiency of
working time, material or equipment, or work practices which limit production or
quality; improve the quality and productivity in all work, strengthen good will
between the COMPANY, the UNION, the employees, the customers and the public, to
prevent accidents and promote safety, and to preserve energy. It shall be the
responsibility of each employee to apply him/herself diligently and in a manner
which provides work which meets acceptable levels of quality and quantity.
SECTION 3.
The parties intend that the provisions of this AGREEMENT shall constitute the
entire AGREEMENT between the COMPANY and the UNION. No AGREEMENT, alteration,
understanding, variation, waiver or modification of any of the terms, conditions
or covenants contained herein shall be binding upon the parties hereto, unless
made and executed in writing between the parties and made part of this
AGREEMENT. This AGREEMENT supersedes all previous AGREEMENTS including all
verbal or written supplemental AGREEMENTS and past AGREEMENTS or practices.
SECTION 4.
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Memorandums of Agreement agreed to between the COMPANY and the UNION prior to
the effective date of this AGREEMENT, shall be reviewed by both the COMPANY and
the UNION prior to the effective date of this AGREEMENT. Only those Memorandums
mutually agreed to be included within this AGREEMENT and again signed by the
appropriate representatives of the COMPANY and the UNION, shall be part of this
AGREEMENT. Such Memorandums of Agreement shall be contained in the Appendix of
the AGREEMENT. Should a Memorandum of Agreement be reached between the COMPANY
and the UNION during the term of this AGREEMENT, it should be signed to become
part of this AGREEMENT. Nothing within this Article II is intended to conflict
with Article II, Sections 3 and 4 or to restrict the rights of the parties as
stated within this AGREEMENT.
ARTICLE III
MANAGEMENT RIGHTS
SECTION 1.
The UNION agrees that, except as expressly and specifically provided to the
contrary by the written provisions of this AGREEMENT, the COMPANY shall continue
to have and retain the sole and exclusive rights and authority to administer
and/or manage its business, operations and affairs, to exclusively direct the
working force and the employees covered hereby and, in addition to other
functions and responsibilities not specifically mentioned in this AGREEMENT and,
therefore, without attempting to list herein all these Management Rights, but
prominent among such rights, the right and authority of the COMPANY shall
include: The right to lease or sublease; the right to expand, sell, move,
establish new operations, transfer and/or terminate all or part of its
operations; the right to establish and/or change hours of work including number
of hours worked and/or work schedules in accordance with this AGREEMENT; the
right to select, hire and layoff employees and/or to determine the size and
composition of the COMPANY's work force; the establishment and determination of
the required jobs within the plant, eliminate or create new jobs; the
determination of the levels of productivity, quality and efficiency; the right
to discipline, suspend or discharge employees for cause; the right to change or
introduce any new or improved methods, materials, equipment or facilities; the
right to schedule the volume or schedule of manufacturing or work; the right to
determine the methods, techniques and types of work or service to be performed,
not performed, or work or service to be subcontracted; the determination of the
products to be made or subcontracted as limited only by the AGREEMENT between
the parties; and the right to make and enforce such reasonable rules and
regulations as the COMPANY may consider necessary or desirable for the operation
of this business. These Management Rights are not all inclusive, but indicate
the type of matters which belong to and are inherent to the COMPANY. The COMPANY
not exercising rights reserved to it or exercising them in a particular way
shall not be deemed a waiver of its rights or of its right to exercise them in
some other way.
SECTION 2.
It is expressly understood and agreed that all rights which the COMPANY had
prior to the execution of this AGREEMENT, are hereby expressly reserved and
retained by the COMPANY and shall continue to be vested solely in the COMPANY.
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SECTION 3.
Management recognizes and the UNION agrees that every good organization must
have standards of conduct in order to promote efficiency, harmony and safety.
Rules and regulations of the COMPANY are based on the thought that each and
every one of such rules are necessary and reasonable for the benefit of all of
the COMPANY's employees. All employees must comply with the COMPANY's General
Rules and Regulations as agreed to between the parties, including safety rules
and rules of conduct as published and/or posted as a condition of continued
employment.
ARTICLE IV
UNION SECURITY AND DUES
SECTION 1. HIRING OF EMPLOYEES
a) All employees covered by this Agreement shall become and remain members of
the UNION as a condition of employment on one of the following dates,
whichever is later.
The 31st calendar day following the beginning of their employment;
The 31st calendar day following the effective date of this AGREEMENT; or
The 61st calendar day following the date of signing this AGREEMENT.
b) The COMPANY shall notify the UNION of all job openings within the
bargaining unit covered by this AGREEMENT. The UNION may refer applicants
for such openings. In interviewing and hiring for such job openings, the
COMPANY will not discriminate against any applicant referred by the UNION.
The COMPANY will notify the UNION office and Shop Xxxxxxx of the name,
address, classification and the date of hire for each employee hired for a
job covered by this BARGAINING AGREEMENT immediately following hiring of
such employee.
c) In the application of paragraph (a) above, when the COMPANY is notified by
the UNION in writing that an employee has failed to make application and
tender the UNION initiation fee or reinstatement fee, or is not a member
in good standing by failing to tender the UNION dues, the COMPANY shall,
within two (2) working days terminate such employee. Such employee shall
not be re-employed by the COMPANY during the life of this AGREEMENT unless
the employee becomes a member in good standing in the UNION as defined by
law.
d) In exception to the above, the COMPANY may place employees in the factory
for future sales, office or engineering force training for a period of
three (3) months; however the ratio of one (1) for the shop or two (2) for
fifty (50) employees within the bargaining unit, shall not be exceeded
except by mutual consent between the COMPANY and the UNION, and these
employees shall not replace the employees regularly employed and working.
The UNION and the Xxxxxxx shall be notified in writing a week prior to
placing such persons in the shop.
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SECTION 2.
The COMPANY agrees to deduct UNION dues from any employee member of the UNION,
under conditions conforming to law, upon the employee providing and maintaining
a valid written and signed authorization for such deduction. Such authorization
shall remain in full force and effect and shall be honored for the duration of
this AGREEMENT and thereafter, unless canceled in writing beforehand by the
individual. Deductions shall be made and forwarded to the person designated by
the UNION as authorized to receive such dues deductions. The UNION will provide
the COMPANY written notification of the person to receive dues deductions, the
address to which such dues are to be sent, and the amount of such periodic
deductions.
SECTION 3. DEDUCTIONS FROM PAY
a) There shall be no deduction from employees' pay covered by this AGREEMENT
except as provided in this AGREEMENT or as required and in the manner
prescribed by law, or as mutually agreed to by the COMPANY and the UNION
and as authorized in writing by an employee.
b) The UNION shall indemnify and save the COMPANY harmless from all claims,
suits, judgments, expenses (including attorney's fees and court costs),
attachments, and from all other forms of liability as a result of making
any deductions in accordance with the foregoing authorization and
assignment, and other provisions of this Article IV.
c) The COMPANY obligation to make such deductions as specified in this
Article IV shall terminate automatically on the termination of the
employee who signed the authorization or upon the transfer of such
employee to another job of the COMPANY not covered by this AGREEMENT.
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ARTICLE V
NO STRIKE. NO LOCK OUT
SECTION 1. NO STRIKE - NO LOCKOUT
a) During the term of this AGREEMENT the UNION will not cause a strike or
production stoppage of any kind, nor will any employee or employees take
part in a strike, in an intentional slow down in the rate of production or
in any manner cause interference with or stoppage of the COMPANY's work at
or around the COMPANY's premises, provided the COMPANY follows the
grievance procedure for which provision is made herein. Likewise, the
COMPANY agrees that there shall be no lockouts during the life of this
AGREEMENT provided the UNION follows the grievance procedure for which
provision is made herein.
b) There shall be no refusal to work on, handle or produce any materials or
equipment, or to perform services duly assigned to an employee, because of
a labor dispute affecting the vendor or purchaser of said materials or
equipment.
c) In the event an employee or group of employees violate the provisions of
this Article, he or they shall be deemed to have quit their employment. If
such an employee or group of employees are re-employed by the COMPANY, any
restoration of benefits shall be by mutual agreement with the UNION.
d) In the event of such a work stoppage, the International Union and the
Local Union agree that they will implement the procedure set forth
hereafter:
1) Publicly declare the strike is unauthorized
2) Order its members to return to work notwithstanding the existence of
a picket line.
3) In good faith use every reasonable effort to terminate such
unauthorized strike.
4) Refrain from interfering with or challenging in any way,
legal-contractual-or otherwise, any disciplinary action which the
COMPANY may take against any employee(s) provided that, if any issue
of fact exists as to whether or not such employee(s) has engaged in
any such prescribed action, such issue can be subject to the
grievance and arbitration procedure.
SECTION 2. MAINTENANCE OF COMPANY'S CONDITIONS
The UNION members agree to exert every reasonable effort to advance the business
of their COMPANY.
ARTICLE VI
NON-DISCRIMINATION
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SECTION 1.
There shall be no discrimination against any member of the UNION by the COMPANY
or against the COMPANY signatory to this AGREEMENT by the UNION.
SECTION 2.
The COMPANY and the UNION shall comply with all applicable laws respecting equal
employment opportunity. The UNION agrees to cooperate fully with the COMPANY in
its efforts to comply with Executive Orders as well as federal, state or local
legislation affecting equal employment opportunity.
SECTION 3.
The term(s) "employee" or "employees" or references to male gender whenever used
in this AGREEMENT shall include only those employees included in the defined
unit, regardless of whether each employee(s) is male or female.
ARTICLE VII
RATES OF PAY AND JOB CLASSIFICATIONS
SECTION 1. WAGES
a) Minimum wages for classifications of employees covered by this AGREEMENT
are set forth in "Appendix A" which is a part of this AGREEMENT. Premium
wage rates over and above the minimum wage rates may or may not be paid by
the COMPANY.
b) The COMPANY and the UNION agree that the COMPANY's employees shall perform
any and all assigned work within their classification. Should an employee
be unable to perform such work due to matters of skill, ability or health,
he/she may be transferred to a classification that encompasses such
employee's level of competence (skill or ability) or other measures may be
taken. Such employee shall receive the rate of pay for such a
classification to which he/she is transferred. Should the UNION or
employee disagree with such transfer, rate of pay, or measures, the UNION
or employee may file a grievance beginning at Step 2 in the Grievance
Procedure.
c) Notwithstanding any other provisions of the AGREEMENT, the COMPANY shall
retain the sole right to temporarily transfer an employee to perform
duties that are within his/her level of competence (skill and ability).
When an employee in any of the classifications in the AGREEMENT is
temporarily assigned to a higher classification of work, for one (1) hour
or less in any one (1) day, he/she shall receive a maximum of one (1)
hour's pay at the higher rate. A temporary assignment is defined as an
assignment of
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thirty (30) calendar days or less. Exception will be made for a
replacement of an employee on an extended illness or vacation by mutual
agreement between the COMPANY and the UNION.
d) An employee who is regularly classified in a higher classification shall
not be reduced in rate when temporarily assigned to a lower classification
of work, which means thirty (30) calendar days or less. Exceptions to the
above general policy occur under both plant-wide and classification
seniority where transfer to a lower classification is caused by conditions
which could cause a lay-off due to lack of work.
SECTION 2. DEFINITIONS OF JOB CLASSIFICATIONS
Definitions for Job Classification contained in the wage structure "Appendix A"
are set forth in "Appendix B" which is a part of this AGREEMENT.
SECTION 3. WEEKLY PAY PERIODS
Except where otherwise agreed to between the COMPANY and the UNION, wages shall
be paid as follows --
Employees shall be paid weekly. There shall be no unreasonable delay in the
payment of wages on pay day.
When pay day falls on a recognized holiday, the day preceding the holiday shall
be considered as pay day.
Where pay day is on Friday, employees on second or third shift shall be paid not
later than the termination of their shift preceding the Friday day shift.
SECTION 4. METHOD OF COMPUTING PAY
Employees' pay shall be computed by multiplying the number of hours worked by
the applicable rate.
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SECTION 5. NEW CLASSIFICATIONS
The COMPANY retains the sole right to establish new classifications and to
assign rates of pay to such new classifications. The UNION may confer with the
COMPANY regarding the rate of pay assigned by the COMPANY to such
classifications, but such conference shall not delay the implemenentation of the
job or the assignment of pay. Should the UNION disagree with the rate of pay
assigned such new classification, the UNION may grieve such rate of pay
beginning at Step 3 of the Grievance Procedure. Pending final settlement of the
dispute concerning the rate of pay for the new classification, the work shall be
performed at the rate of pay established by the COMPANY. When a permanent rate
of pay is established, it shall become effective on the date the work was first
performed in the plant.
SECTION 6. PAY FOR LEADPERSONS, SET-UP EMPLOYEES, INSTRUCTORS
EXISTING LEADPERSONS (those assigned prior to the ratification of 8/16/78
AGREEMENT):
a) When an employee is specifically assigned to instruct other employees, he
shall receive not less than ten percent (10%) above the rate of pay for
the highest classification instructed.
b) When an employee is specifically assigned as Leadperson, he shall receive
not less than ten percent (10%) above the rate of pay for the highest
classification led, or five percent (5%) above his/her own classification
rate, whichever is greater. A Leadperson may have the responsibility for
direction of personnel, including instruction and assignment of work, and
for the set up, adjustment and proper functioning of equipment. This
paragraph includes Die Setters and Machine Adjusters if assigned
Leadperson responsibilities.
NEW LEADPERSONS (Those assigned subsequent to the ratification of 8/16/78
AGREEMENT).
When an employee is assigned as Leadperson, he shall receive a premium above
his/her regular rate of
$0.50 per hour if assigned on a shift where supervision is present.
l.00 per hour if assigned on a shift where supervision is not present.
SECTION 7. PAY FOR RECALL AND PROMOTION
A employee shall be recalled from layoff in accordance with his/her seniority
and qualifications (skill and ability) to perform the work of the job to which
he/she is recalled. Such employee shall receive the rate of pay for such job
classification as prescribed in Appendix "A" of the AGREEMENT. An employee
promoted to a higher classification shall receive the rate of pay for such job
classification.
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SECTION 8. PAY FOR BUMPING
When a decrease of forces occurs for any reason requiring layoff of employees in
any job classification, the least senior employee, in the job classification
affected will be the first to be displaced, provided all the remaining employees
can perform the available work at the acceptable level. An employee displaced as
a result of such decrease in forces, in lieu of layoff, will be entitled, on the
basis of plant wide seniority, and provided he/she has the qualifications, skill
and ability to perform the work of the classification, to displace the least
senior employee in a lower classification. Once transferred, such employee will
receive the rate of pay provided for such lower job classification, as provided
in Appendix "A" of this Agreement.
ARTICLE VIII
HOURS AND SHIFTS
SECTION 1. STANDARD STRAIGHT TIME HOURS OF WORK
a) Except as provided in Section 5, Call-in Pay, this Article defines the
hours of work and shall not be construed as a guarantee of hours of work
per day or per week, or of days of work per week.
b) Except as provided in Section 2, Shifts and Shift Differentials, eight (8)
hours shall constitute a normal day's work starting at 7:30 a.m. and
ending not later than 4:30 p.m., with a lunch period of the employee's
time. Forty (40) hours shall constitute a normal week's work, from 7:30
a.m. Monday to 4:30 p.m. Friday. A differential of up to one (1) hour in
the starting and ending time may be put into effect by the COMPANY where
mutually agreed to between the COMPANY and the majority of the employees.
The UNION agrees to make exception of one (1) hour in the starting time,
set forth above, for a limited number (one to a shop of 2% of total
employees) of service employees necessary to prepare for production on a
regular shift basis. This is not to include emergency work, and such
employees shall not perform production work.
c) In exception to the above at the request of either party, the COMPANY and
the UNION shall meet and confer on an addendum covering a work week or
work hours that may be required by special conditions by the company. This
paragraph (c) shall not be subject to the Grievance Procedure.
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SECTION 2. SHIFTS SHIFT DIFFERENTIALS
a) FIRST OR REGULAR DAY SHIFT
A consecutive eight (8) hour period between the hours of 7:30 a.m. and
4:30 p.m., exclusive of lunch period on the employee's time.
b) WHERE TWO SHIFTS ARE WORKED
The second shift shall start no later than thirty (30) minutes after the
first shirt terminates, and shall consist of eight (8) consecutive hours
of work, exclusive of a thirty (30) minute lunch period on the employee's
time.
c) WHERE THREE SHIFTS ARE WORKED
1) The first shift consist of eight (8) hours worked between 7:30 a.m.
and 4:00 p.m. with a thirty (30) minute lunch period on the
employee's time.
2) The second shift will start immediately after the end of the first
shift at 4:00 p.m. and end at 12:30 a.m. including a thirty (30)
minute lunch period on the employee's time.
3) The third shift will overlap the second shift and will begin at
11:00 pm. and end at 7:30 am. including a thirty (30) minute lunch
period on the employee's time.
4) By mutual agreement the start and stop time for these three shifts
may be revised, but each shift will include eight (8) hours worked
with a thirty (30) minute lunch period on the employee's time.
d) Employees assigned to a second shift operation shall be paid the second
shift hourly rate for time worked (see Appendix "A")
Employees on second or third shift shall receive eight (8) hours pay
provided they work a full shift.
SECTION 3. TRANSFER TO ANOTHER SHIFT
a) Employees transferred from one shift to another shall be given twenty-four
(24) hours notice or shall be paid overtime for the first shift so worked.
Change of shift shall not result in any loss of time to an employee, and
when an employee is transferred from one shift to another with the
requisite twenty-four (24) hours notice and where the transfer is for more
than one shift, no overtime pay shall be required.
When an employee is transferred from one shift to another, for one shift
only, he shall be compensated at overtime rate. in all cases of transfer,
the employee affected shall have a minimum rest period of seven (7) hours
between shifts or as prescribed by law.
b) Shop Stewards or Acting Shop Stewards shall not be transferred from the
shift to which they are assigned while work which they are capable of
performing is available.
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c) Seniority shall be considered in determining which shift an employee will
work. The consideration will be given to each employee once a year.
SECTION 4. OVERTIME
a) Overtime be paid as follows:
DAILY OVERTIME will be paid at the rate of time and one-half for the first
two (2) hours. All subsequent hours will be paid at the rate of double
time. Saturday overtime will be paid at the rate of time and one half for
the first eight (8) hours. All subsequent hours be paid at double time.
SUNDAY AND HOLIDAY OVERTIME will be paid at the rate of double time.
b) The employee performing the job shall have the first refusal of overtime.
For the machine shop, the last person that operates the machine shall have
first refusal rights for overtime work.
c) Employees will be notified on Thursday if they are to be assigned Saturday
overtime whenever possible.
d) There shall be no pyramiding of overtime hours or rates of pay.
SECTION 5. CALL-IN PAY
a) Any employee called and/or reporting for work at the beginning of the
shift shall receive either four (4) hours work or four (4) hours pay at
the applicable rate, provided he does not leave sooner of his own accord.
This includes Saturdays, Sundays and Holidays.
b) Except on Saturdays, Sundays and Holidays, any employee who works more
than four (4) hours shall receive either eight (8) hours work or eight (8)
hours pay provided he does not leave sooner of his own accord.
c) An Employee shall be deemed as requested to report on his regular shift
unless notified by an authorized COMPANY representative prior to his
leaving his residence for work on that shift. In the event an employee has
been absent for any reason, this section shall not apply unless he has
first contacted his Supervisor and is notified when to report for work.
d) The provisions of this Section shall not apply if work is unavailable as a
result of causes beyond the control of the COMPANY.
SECTION 6. CALL-BACK PAY
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a) All employee who has left the COMPANY's premises and who is called back to
work after the termination of his regular shift shall receive either four
(4) hours work or four (4) hours pay at the overtime rate
b) An employee shall not be required to stand by for a call back to work
after the termination of his regular shift.
c) Any employee called back to perform emergency repair work on machinery or
equipment shall be required to perform only the specific emergency repair
work on that machinery or equipment for which he was called back, and
shall receive a minimum of four (4) hours pay at the applicable overtime
rate.
SECTION 7. TRAVEL TIME
All travel taken up in traveling to and from outside work, not to exceed eight
(8) hours per day computed from 7:30 a.m. to 7:30 a.m., shall be paid for at
straight time, plus actual and necessary expenses, until destination is reached
and the employees are required to travel on overtime days, they shall be paid
travel time at overtime rates. Appropriate transportation shall be provided or
allowed. In the case of air travel, Coach shall be considered first class
transportation and shall be provided wherever it is available, Air travel
accident insurance shall be provided by the employer.
In no event shall an employee be paid under this provision less than the amount
required by the applicable provision or interpretations of the Fair Labor
Standards.
SECTION 8. REST PERIODS
There shall be two (2) ten (10) minute paid rest periods on each shift of eight
(8) or more hours. The exact time of such rest periods shall be scheduled by the
COMPANY. Employees are expected to adhere to the allotted time off for such rest
periods.
SECTION 9. INVENTORY
Whenever possible, inventory will be done on weekends.
SECTION 10. WAGE RATES FOR COMPUTING HOLIDAYS AND VACACTIONS
Employees assigned to second or third shift operations shall receive Holiday pay
and vacation pay at their shift rate.
SECTION 11. COMPUTATION OF OVERTIME
Overtime rates shall be computed on the straight-time hourly shift rate of pay.
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ARTICLE IX
SENIORITY
SECTION 1. SENIORITY RULE5
In the absence of written seniority rules agreed to by the COMPANY and the
UNION, the following provisions shall apply:
a) An employee shall not attain seniority until he has completed a
probationary period of sixty (60) calendar days (plus an added thirty (30)
days if there is an attendance or attitude problem) in the employ of the
COMPANY, after which time his seniority shall date from his date of hire.
b) All active employees as of March 31, 1977 will maintain seniority over
employees on layoff regardless of date of hire.
c) In event of a reduction in workforce:
EXISTING EMPLOYEES (those hired prior to the ratification of this 8/l6/78
AGREEMENT)
(1) Employees called back after March 31,1977 will be laid off first.
(2) It is understood that the employee may bump into one of the six (6)
classifications established in the AGREEMENT dated May 5, 1977.
Further, it is agreed such employees will be paid at wage rates (as
adjusted) set forth in "Appendix A -Wages" of the above stipulated
AGREEMENT.
NEW EMPLOYEES (those hired subsequent to the ratification of this
8/16/78 AGREEMENT)
(1) When a reduction is necessary by job classification, the person with
the least classification seniority in the job classification being
reduced may exercise his total plant seniority in bumping into a
lower job classification which he is able to perform. It is
understood that the employee may bump into one of the seven
classifications established in this contract dated February 18,
1982. Further, it is agreed such employees will be paid at wage
rates (as adjusted) set forth in "Appendix A - Wages" of this
AGREEMENT.
d) An employee so reduced in classification due to curtailment of employment
shall have the first opportunity to resume his higher classification when
his former job is available in line with his seniority.
e) Employees who exercise their option to bump an employee in a lower
classification because of seniority must be willing, competent and
qualified to perform the work remaining to be done in the classification
and willing to take the rate of pay (as provided in Paragraph C (2) above)
of the classification to which they are assigned.
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f) For reasons other than requirements of the job, the COMPANY may retain an
employee without regard to seniority by special arrangement with the UNION
prior to layoff.
g) New jobs will be posted on plant bulletin boards for five (5) working days
and may be claimed by qualified employees in accordance with the following
procedures:
If such employees successfully bid new jobs they will receive the
classification and wage rate (as adjusted) as set forth in "Appendix A -
Wages."
h) Shop Stewards or Acting Shop Stewards shall have top seniority while
acting in the capacity of Shop Stewards.
SECTION 2. LOSS OF SENIORITY
Continuous service shall be broken and recall right forfeited by --
a) Failure to notify the COMPANY and the UNION of intent to return to work
within two (2) working days after the date recall notice is sent to the
employee's last address on record with the COMPANY and failure to report
to work within five (5) working days after the date recall notice is sent
to the employee's last address on record with the COMPANY. (Copy of recall
notice to be sent to the Union at the same time it is sent to the
employee.)
b) Absence from work for a period equal to an employee's length of continuous
service with the COMPANY up to a maximum of eighteen (18) consecutive
months, except for substantiated medical leave.
c) Voluntary quit.
d) Discharge for cause.
e) Any employee whose total absence or absence for medical leaves accumulates
to a period of time in excess of the employee's seniority recall rights,
shall lose seniority provided that such seniority right may be extended by
mutual agreement between the COMPANY and the UNION and, further that any
period of ninety (90) days of active full time employment shall restore
full medical leave rights equal to the employee's seniority.
SECTION 3. NOTICE OF LAYOFF
a) The UNION and the Shop Xxxxxxx shall be notified as far in advance as
possible, but in no event less than one (1) day prior to any layoff.
b) On the date that employees are laid off or terminated, the UNION shall be
notified in writing of the names and classifications of all employees laid
off or terminated and the date such layoff or termination occurred.
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SECTION 4. LEAVES OF ABSENCE
a) In cases of established emergency such as death in the immediate family,
the company will grant a leave of absence for a reasonable period of time.
b) In all cases where leaves of absence are granted by the COMPANY to
employees covered by this AGREEMENT, the UNION shall be notified in
writing of the name of the employee, the effective date and the
termination date of the leave of absence. In the event a leave of absence
is extended, such extension shall be made in writing to the employee with
a copy to the UNION. Any employee who does not return or overstays a leave
of absence will be considered to have quit his employment and, if rehired,
shall be considered a new employee.
c) Provided it will not interfere with the efficient operation of the plant,
the COMPANY, upon written request of the UNION, will grant a leave of
absence to an employee for official UNION business, such leave not to
exceed six (6) months.
SECTION 5. RETRENCHMENT IN OPERATIONS
The COMPANY agrees to cooperate as practicable in retaining regular working
forces. When business conditions of the COMPANY necessitate, the COMPANY will
consider the distribution of the remaining work among the work force up to a
period of two (2) weeks. If the work reduction will continue for a period longer
than two (2) weeks, then the COMPANY will consider the reduction of the work
force according to the seniority provisions of this AGREEMENT. Either
consideration will be undertaken consistent with efficient operation of the
business, and final determination regarding the retrenchment program will rest
solely with the COMPANY. The COMPANY will, prior to any retrenchment, however,
meet with the UNION to discuss the proposed retrenchment.
SECTION 6. INFORMATION FURNISHED THE UNION
Within ninety (90) days subsequent to the signing of this AGREEMENT, the
COMPANY shall furnish the UNION with a seniority list covering all employees
within the bargaining unit listing their names, classifications, and status
(Active, Leave of Absence, Layoff, etc.)
When the COMPANY is requested in writing by the UNION, he shall furnish a
revised up-to-date seniority list. Such request shall not be made more often
than once in any calendar year.
SECTION 7. PROMOTION OUTSIDE THE BARGAINING UNIT
Except in the case of an employee who becomes a member of another union within
the plant, any employee transferred or promoted to a position in the plant which
is outside the bargaining unit shall be credited for seniority purposes with his
seniority at the time of his promotion out of the bargaining unit, such credit
to remain
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in effect for a period not to exceed two (2) years. However, the employee shall
not accrue seniority credit while outside bargaining the unit.
ARTICLE X
APPRENTICES
SECTION 1. ACCEPTANCE OF STANDARDS
The UNION and the COMPANY agree to follow the Standards established by the Joint
Apprenticeship Committee covered by this AGREEMENT. Selection of apprentices
shall conform to the principles of Equal Employment Opportunities and
Affirmative Action.
SECTION 2. GRIEVANCE PROCEDURE AVAILABLE
In case a question arises regarding the interpretation or application of the
provisions of the standards, it shall first be taken up by the Shop Xxxxxxx or
Shop Stewards with the authorized representative of the COMPANY. If no decision
is rendered within five (5) working days, the question shall be referred
immediately to the appropriate Joint Apprenticeship Committee through the UNION
in writing.
The Joint Apprenticeship Committee shall review the facts and render a decision
which shall be nal and binding on both parties.
SECTION 3. LENGTH OF APPRENTICESHIP
The apprenticeship training period shall conform to the appropriate Joint
Apprenticeship Standards.
SECTION 4. TERMINATION OF APPRENTICES
Following the probationary period set forth in the appropriate Joint
Apprenticeship Standards, no apprentice shall be laid off or be permitted to
leave his employment without the approval of the Joint Apprenticeship Committee
provided, however, that nothing in this Section shall prevent a COMPANY form
discharging an apprentice for just cause. Any discharge shall be reported
immediately to the appropriate Joint Apprenticeship Committee. Should the Joint
Apprenticeship Committee or the UNION desire to appeal this discharge, it shall
be appealed to Step 3 of Article XVI - Grievance Procedure, within three (3)
working days following the date the secretary of the appropriate Joint
Apprenticeship Committee receives the report of the discharge.
SECTION 5. PAY FOR APPRENTICES
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The apprentice rate shall be computed on a percentage basis on the
Journeyman's rate for the craft to which the apprentice is indentured, as
follows:
Machinists: Welders:
----------- --------
1st period - - - - - - 68% Probationary Period - - - - - - - 500 hrs, 68%
2nd period - - - - - - 71% 1st period - - - - - - - - - - - - 1000 hrs, 71%
3rd period - - - - - - 74% 2nd period - - - - - - - - - - - - 1000 hrs, 75%
4th period - - - - - - 77% 3rd period - - - - - - - - - - - - 1000 hrs, 79%
5th period - - - - - - 80% 4th period - - - - - - - - - - - - 1000 hrs, 83%
6th period - - - - - - 83% 5th period - - - - - - - - - - - - 1000 hrs, 87%
7th period - - - - - - 87% 6th period - - - - - - - - - - - - l000 hrs, 91%
8th period - - - - - - 91% Thereafter, Journeyman Rate - - 100%
For Machinists and Welders a Period is defined as one-thousand (1000) hours of
employment, including school time.
SECTION 6. RATIO AND RULES
a) There shall be one (1) apprentice allowed for each approved shop, and
additional apprentices shall be allowed upon application to and approval
from the appropriate Joint Apprenticeship Committee, provided, however,
that the total ratio of apprentices to Journeymen shall not exceed one (1)
apprentice for each five (5) employed Journeymen members of the UNION
involved, except where this requirement may be waived by mutual agreement
of the parties.
b) No person shall be employed as an apprentice unless he is properly
indentured under California Law.
c) Apprentices shall not be required to work on the third shift. Apprentices
may work on the second shift provided that such work shall not interfere
with their related instruction.
SECTION 7. JOURNEYMAN TRAINING
In order to meet the average increased demand for Journeymen, it is recognized
that a training program for upgrading semi-skilled people must be developed.
Therefore, it is agreed that Specialist employees of the COMPANY may be trained
for a period of twenty-four (24) months to become Journeymen. Trainees are
defined as those Specialists who have had at least two (2) years experience in
shop work within the scope of their classification of work. As performance
indicates, training may be extended by mutual agreement of both parties. The
COMPANY shall consider the following in selecting employees as trainees or
indentured apprentices.
Performance shall be of first consideration, and when equal, seniority
will then be of first consideration.
Persons selected must be willing, competent and qualified to progress to
Journeymen classification.
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There all be at least one (1) trainee or indentured apprentice trained when the
COMPANY has ten (10) or more Journeymen in any single Journeyman classification.
Additional trainees or indentured apprentices may be trained but in no event
shall the ratio of trainees or indentured apprentices exceed one (1) trainee or
apprentice to five (5) Journeymen actively at work in the classification for
which the trainee (or indentured apprentice) is being trained. All trainees (or
indentured apprentices) shall serve a probationary period of five hundred (500)
hours. Where training is for Machine Shop proper, trainees shall spend the same
time in related classrooms as required for apprentices.
The COMPANY shall participate in both of the above training programs as
applicable.
The starting rate for a trainee shall be his present classification rate of pay
as provided for in the collective bargaining agreement, with subsequent increase
as follows:
1/4 of the wage differential between Present classification and Journeyman
classification base rate each six (6) months worked and Journeyman rate after
twenty-four months worked as a trainee.
In exception to the above, no one shall be placed in an apprentice or training
program while Journeymen employees are on layoff and subject to recall in their
plant.
SENIORITY FOR TRAINED EMPLOYEES
An indentured apprentice or a graduate of an equivalent journeymen training
program (including Maintenance classifications), shall be granted seniority as a
Journeymen equal to his length of continuous service IN A TRAINING PROGRAM with
the COMPANY after completing training up to a maximum of four (4) years.
ARTICLE XI
PAY FOR JURY DUTY
SECTION 1.
Where an employee is unable to report for work on his regular shift by reason of
Jury Service, (called for examination for Jury Duty or serving on Jury Duty by
being impaneled in a jury box and actively serving as a juror) he will, upon
furnishing written proof of such service, be paid the difference between the
jury pay and the amount he would have been paid on his regular shift pay lost
under the qualifications set forth below:
a) When employee is called for Jury Duty for 1st time, he must review with
Xxxxxxx and COMPANY may request employee to request extension based on
production load.
b) Day shift employees called for Jury Duty or examination and excused by the
court prior to 12:00 noon shall return to work for the balance of their
day shift and shall be paid the difference between the jury pay or
examination pay, if any, and their straight-time pay lost.
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c) Night or swing shift employees called for Jury Duty or examination and
excused by the court prior to noon shall report for their regular night
shift or swing shift work and shall not be eligible for any jury pay under
this Section.
d) Night shift or swing shift employees (except as provided in Paragraph b)
above) shall not be required to work on Jury Duty in the daytime and work
night shift or swing shift on the same calendar day, but shall receive the
difference between their jury pay and their regular shift pay lost.
e) Employees will present proof of service, including the time served and
amount of pay received.
f) Article XI, Section 1, Pay for Jury Duty, shall not apply in any case
where an employee voluntarily seeks Jury Duty.
ARTICLE XII
FUNERAL PAY
SECTION 1. FUNERAL LEAVE OF ABSENCE
There shall be three (3) days allowed off for a death in the employee's
immediate family, consisting of the following relationships: spouse, child,
mother, father, brother, sister, mother-in-law and father-in-law. At the request
of the COMPANY, the employee shall furnish a death certificate and proof of
relationship. This provision would not apply if death occurs during employee's
paid vacation or while employee is on leave of absence, layoff or sick leave.
Such time off shall be paid for by the COMPANY at the employee's shift rate of
pay for eight (8) hours per day. Time paid for funeral leave will not be
considered as time worked.
ARTICLE XIII
HOLIDAYS
SECTION 1. RECOGNIZED HOLIDAYS
There shall be ten (10) paid holidays during the contract year.
MEMORIAL DAY
INDEPENDENCE DAY
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*Floating Holiday
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Day after Christmas
New Year's Day
Washington's Birthday
* The Floating Holiday may be taken by individual employees at a time
scheduled and approved by the COMPANY at least thirty (30) days in advance. The
scheduling of such holiday will be approved only at times that do not impair the
efficient operations of the Company. New employees must be employed for 3 months
prior to qualify for Floating Holiday.
Holidays may be rearranged by mutual agreement between the COMPANY and a
majority of its employees.
SECTION 2. QUALIFYING CONDITIONS
Each employee shall receive eight (8) times the shift rate of pay for the above
holidays provided:
a) The employee has been in the employ of the COMPANY for twenty-one (21)
days worked preceding the day on which the holiday is observed.
b) The employee worked the last regularly-scheduled work day prior to and the
next regularly-scheduled work day immediately following the holiday. If
the employee worked some time during the two (2) calendar weeks preceding
the week in which the holiday occurred, he will receive pay
notwithstanding absence on the last full work day prior to or the next
full work day following where such absence was due to:
1) Industrial accident; (on-duty injury while at work for Bepex
Corporation occurring within two calendar weeks prior to the date
the holiday is to be observed).
2) Bona fide illness substantiated by a doctors certificate that
proves the employee's illness.
3) A temporary layoff which extends ten (10) working days or less
after the day on which the holiday occurred; or
4) Absence approved by the COMPANY.
c) Where an employee works at two or more classifications during a week in
which a paid holiday occurs, he shall be paid for such holiday, provided
he qualifies under the provisions of this Article, at the rate for the
classification in which he worked fifty percent (50%) or more of his time
during the work week in which the holiday occurs.
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d) Should an employee be tardy the day before or the day after a paid
holiday, for a period of up to the first (2) hours of the scheduled start
of his/her shift, such employee shall receive holiday pay as prescribed.
This is not to say that the COMPANY automatically allows or excuses a two
(2) hour tardiness during the holiday period or at any other time.
tardiness becomes part of the employee's attendance record and thus
disciplinary action may result from the tardiness.
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SECTION 3. HOLIDAY ON SATURDAY AND SUNDAY
If a holiday set forth above falls on Saturday, the preceding Friday shall be
observed as the holiday; if a holiday set forth above falls on a Sunday and is
observed by the Nation on the following Monday, said holiday will be paid for
under the conditions contained in this Article, except as previously agreed in
Section 1.
SECTION 4. HOLIDAY DURING VACATION
When one of the paid holiday occurs within an employee's vacation period, he
shall be required to take an additional day's vacation and he shall receive
holiday pay as provided in this Section, in addition to his vacation pay,
provided he works the last scheduled work day prior to and the regularly
scheduled work day following his vacation period as required in Section 2 of
this Article. The exceptions in Section 2(b) above, shall also apply to this
Section.
SECTION 5. PAY FOR WORK ON A HOLIDAY
Employees who qualify for holiday pay in accordance with Section 2, above, shall
receive double time in addition to the holiday pay for work performed on any of
the recognized holidays.
SECTION 6. THE DAY BEFORE CHRISTMAS AND NEW YEAR'S
The following shall apply only to the day preceding Christmas and the day
preceding New Year's Day:
When more than one (1) shift is regularly scheduled, the shift hours may be
rearranged to permit second and third shift employees to celebrate Christmas Eve
and New Year's Eve. Such rearrangements shall not constitute a transfer of
shift.
SECTION 7. OTHER COMPENSATION
Holiday pay shall not be provided when an employee is receiving other forms of
compensation as may be provided in the AGREEMENT, or provided by law, except as
stipulated within this AGREEMENT.
SECTION 8. PERFECT ATTENDANCE AWARD
An award equal to one (1) day's pay or one day paid absence, will be given to
everyone who achieves perfect attendance during the contract year. Perfect
attendance is defined as missing one (1) day's work.
Absences NOT counted against employees:
1) Absence from work up to two hours.
2) Vacation and holidays.
3) Lay-off or retrenchment (people laid off and return to work by end
of contract year).
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4) Call-in vacation can be used per Article XII, Section 4.
5) Time off is by mutual agreement (company initiated).
6) The day an industrial accident takes place.
7) Funeral leave.
ARTICLE XIV
VACATIONS
SECTION 1. QUALIFYING PERIOD
The COMPANY shall adhere to the principle of paid vacations each year as
follows:
Employees who have completed thirty (30) calendar days with the COMPANY as of
April 30th shall be granted a vacation in the period from Memorial Day to April
30th of the following year provided, however, that where production problems
necessitate shutting down the entire plant or part thereof at one time, the
vacation period for such plant shutdowns shall be limited to school vacation
period, namely, Memorial Day through Labor Day.
SECTION 2. LENGTH OF VACATION AND VACATION PAY
The length of vacation and the corresponding amount of vacation pay for each
employee shall be determined as follows --
a) Total all hours worked during the preceding year ending April 30th,
including the following --
1) Employees who work a full shift on second or third shift shall be
credited with eight (8) hours worked in computing vacation hours.
Where they work less than a full shift, they shall be credited only
with hours worked.
2) Vacation time paid for, holidays paid for and jury duty paid for
shall be computed as time worked.
3) Where either U.C.D. or Industrial Compensation payments are made for
working days lost due to Sickness, Non-Industrial Accident or
Industrial Accident, such days lost shall be considered as days
worked for purposes of computing length of vacation and vacation pay
up to the following amounts: Sickness or Non-Industrial Accident 65
work days (520 hours); Industrial Accident 130 working days (1040
hours). The employee must provide the required information to the
COMPANY on or before May 15 of the vacation year in order to receive
vacation credit for the time accumulated under the provisions of
this paragraph.
The COMPANY shall have available for the employee the proper forms
for filing the required information sixty (60) days prior to May 15.
Where the employee is unable to file due to disability, he shall
have the opportunity to file after his return to work.
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b) Effective February 18, 1982, determine proper percentage figures for
computing vacations from employee length of service as follows --
Less than one (1) year 2%
One (1) year but less than eight (8) years 4%
Eight (8) years but less than fifteen (15) years 6%
Fifteen (15) years and over 8%
c) Determine Vacation hours by multiplying proper vacation percentage figure
obtained in Paragraph (b) above, by total hours worked as figured in
Paragraph (a) above.
d) Employees whose 8th and 15th years fall after 4/30, but prior to October
31, will have hours calculated by 5% and 7% respectively. Vacation pay
will be calculated at rate employee is making at time of vacation.
e) Determine number of vacation days off by dividing eight (8) into hours
earned as figured in Paragraph (c) above. When an employees credit for
vacation time off results in a fractional day of four (4) hours or less,
the employee shall be paid vacation pay in lieu of time off. When the
fractional day is over four (4) hours, the employee shall be required to
take the day off. Should the length of vacation corresponding with the
amount of vacation pay be computed to a fractional week of three (3) days
or more, upon prior arrangement with the COMPANY, the employee shall have
the option of rounding out his time off to an even number of weeks. Such
additional time off shall be at the employee's own expense.
f) As of April 30th each year, determine vacation pay by multiplying vacation
hours earned as determined in Paragraph (c) above, by the shift rate of
pay in effect in the payroll period immediately preceding April 30th,
provided, however, that employees shall be paid their vacation pay at the
time they take heir vacations. Where an employee works two or more
classifications during the payroll period immediately preceding April
30th, the rate to be used in determining vacation pay shall be the rate of
the classification for which the employee was paid fifty percent (50%) or
more of his time during the payroll period immediateLy preceding April
30th. From any vacation payment there must be deducted federal or state
taxes as required by law.
g) Employees temporarily assigned to another shift (a temporary assignment is
defined as thirty (30) working days or less) immediately prior to April
30th shall receive their normal shift rate of pay for the purpose of
computing vacation pay.
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SECTION 3. VACATION NOT ACCUMULATIVE
Neither vacations nor vacation pay will be accumulative from year to year, and
no employee shall accept vacation payment in lieu of time off, except as
provided in Section (d) above, or as mutually agreed upon between the COMPANY,
employee and the UNION.
SECTION 4. SCHEDULING OF VACATIONS
Where it does not interfere with the efficient operation of the COMPANY's
business, the COMPANY will cooperate with the individual preference of senior
employees in scheduling vacations.
When production problems necessitate shutting down the entire plant or a part
thereof at one time, the COMPANY, where possible, will provide work for
employees who desire to work and who have not earned a full vacation.
The COMPANY shall notify the employees as far in advance as possible, but in no
event less than thirty (30) days prior to said closing.
Employees may use up to one week of vacation each year to be applied to
unexpected, unpaid absences, to be taken in increments of one full day not to
exceed more than one (1) absence of three (3) days in any thirty (30) day
period, provided they notify the COMPANY no later than the first day of the
absence.
Vacations shall be taken at times approved and scheduled in advance. The COMPANY
will use reasonable efforts to permit employees to select the vacation on the
basis of their length of service with the COMPANY, insofar as operating
conditions permit and provided that the orderly and efficient operations of the
COMPANY are not impaired. First priority will be given to employees who request
vacation prior to May 15 each year. By May 15 each year, each employee shall
notify the COMPANY in writing of the vacation times requested during the
following "VACATION" year (April 30 to April 30). In any event, employees are
encouraged to provide the COMPANY a minimum of four (4) weeks advance notice of
their request for vacation. Insofar as protocol, such requested vacation will be
granted at times requested by the employee, provided it does not impair
operating efficiency and the COMPANY's needs.
SECTION 5. VACATION PAY AS SEVERANCE PAY
a) Except as provided below, each employee upon termination shall receive any
vacation earned but not received since date of hire including pay based on
hours worked after April 30th. If employment is terminated for any reason
within two (2) months from date of hire, no vacation or termination pay
will be due.
b) In the case of layoff or discharge, where the number of days for severance
pay due an employee would extend to or through any of the paid holidays
set forth in Article XIII, such paid holiday shall be added to the pay due
the employee laid off or discharged. The provisions of this paragraph
shall not apply in case of voluntary quit or in any case where the
employee who is off the payroll by reason of sickness, injury or leave of
absence requests payment of vacations pay.
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SECTION 6. EMPLOYEES' VACATION OPTION
Employees with two (2) years seniority or more who have a scheduled vacation
period agreed to by COMPANY who become subject to layoff prior to said vacation
period may take the option of taking earned vacation pay at time of layoff or
leaving it with the COMPANY to be paid to them at the time of scheduled
vacations.
In all other cases employees shall be paid all earned vacations at time of
layoff.
ARTICLE XV
WORKING CONDITIONS AND SAFETY
SECTION 1. INDUSTRIAL ACCIDENTS
When an employee is injured so seriously as to require that he be excused from
work by an authorized representative of management, he shall be paid for the
balance of the shift on which the industrial injury occurred.
When, after the employee returns to work, there is a bona fide recurrence of the
injury on the job and an authorized representative of management, acting on the
recommendation of a doctor, excuses the employee from work, he shall be paid for
the balance of the shift.
Employees who are working after having compensable injury or illness and who are
required to take time off during a regular working day to receive medical
treatment for such compensable injury or illness shall be paid their regular
hourly rate of pay for such time off.
SECTION 2. SAFETY RULES
In the interest of maintaining high standards of safety, and to minimize
industrial accidents and illness, the following is agreed --
a) The COMPANY will comply with all State and Federal safety and sanitary
laws. Suitable washrooms shall be maintained and kept in clean and
sanitary condition. Employees shall maintain lockers in a clean and
sanitary condition. The UNION shall cooperate with the COMPANY to promote
safe and sanitary work conditions and to eliminate any real safety
hazards. Employees shall be responsible for knowing and observing all the
COMPANY's published/posted safety rules.
b) Adequate safety devices shall be provided by the COMPANY, and when such
devices are furnished, it shall be mandatory for employees to use them.
c) No employee shall be discharged or disciplined for refusing to work on a
job if his refusal is based upon the valid claim that said job is not
safe, or might unduly endanger his health, until it has been determined
that the job is, or has been, made safe or will not unduly endanger
his/her health.
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d) No employee shall be permitted to work alone in any shop, or in any
isolated spots in any shop, which are beyond the call and observation of
other persons.
e) To satisfy the safety program which requires employees to wear safety
g1asses, the COMPANY shall provide standard safety frames and
non-prescription lenses, and it is mandatory that the employee wear them
provided that the condition of his eyes is such that he does not require
prescription glasses.
When an employee requires prescription glasses, he/she shall provide the
prescription that the COMPANY will pay one-half the cost of the standard safety
frames and the safety lenses ground to his prescription up to 535 per year.
Replacement of safety lenses shall not exceed one pair per calendar year. The
full cost of replacement of frames and lenses due to work accidents shall be
borne by the COMPANY. All lenses shall comply with the American National
Standard requirements stipulated by the Occupational Safety and Health Act
(OSHA) requirements. No phototropic (photogrey) lens shall be approved for use
as a COMPANY-approved safety lens for reimbursement or on-the-job use.
f) Employees who operate cranes shall be fully instructed in the safe
operation of the equipment.
g) Heat and ventilation shall be provided where practical.
h) Employees required to perform welding shall be furnished colored glasses
for welders' hoods and goggles by the COMPANY.
SECTION 3. MEDICAL EXAMINATION
Prospective employees may be required to take a physical examination before
being employed and placed on the payroll.
At any time following the hiring of any employee, the COMPANY may require the
employee to take a physical examination. The intention here is to avoid having
employees on jobs which might jeopardize their health or the safety and health
of others. Should the physical examination disclose such conditions, the COMPANY
will make every effort to assign the employee to other work in his
classification and within his capability. When such other work is not available,
the employee may be removed from the payroll and the cases taken up with the
Business Representative of the UNION. If no agreement is reached within five (5)
working days, the matter may be referred to the Grievance Procedure.
When available to the COMPANY, a copy of the physical report will immediately be
furnished to the employee.
Cost of physical examinations shall be paid by the COMPANY.
SECTION 4.
The COMPANY and UNION will encourage employees to work in a safe mariner and to
use or wear safety equipment or apparel as required and will cooperate to see
that employees properly use and care for such equipment or apparel. Each
employee shall exercise proper care of the equipment or apparel to be used
during working hours, including storing and maintenance and shall be held
strictly accountable for them.
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SECTION 5.
No employee may leave COMPANY property during his/her scheduled work hours
(exclusive of the unpaid lunch period) without the express permission of an
appropriate COMPANY representative.
SECTION 6.
Each employee is expected to maintain an acceptable attendance record and to
report to work on time.
SECTION 7.
Each employee, while actually employed or while on layoff or leave of absence,
shall be obligated to keep the COMPANY advised of his/her most current address
and telephone number and other information as may legally be required for
confidential COMPANY personnel records. An employee's failure to provide such
information or to keep it current, absolves the COMPANY of any of its
obligations under this AGREEMENT which may be affected by the lack of such
information.
ARTICLE XVI
GRIEVANCE PROCEDURE
SECTION 1. GRIEVANCE DEFINED
a) A grievance is defined as a condition that exists as a result of an
unsatisfactory adjustment or failure to adjust a claim or dispute by an
employee or employees, the Xxxxxxx or Stewards or the UNION concerning
rates of pay, hours or working conditions set forth herein, or the
interpretation or application of the AGREEMENT arising during the term of
this AGREEMENT. All grievances shall be processed in accordance with the
following procedure and without resorting to a strike, slowdown, lockout
or any other action or conduct that prevents normal continuation of work,
a violation of Article V, NO STRIKE, NO LOCKOUTS.
SECTION 2. GRIEVANCE PROCEDURE
STEP 1. ORAL PROCEDURE - No matter shall be considered a grievance until it is
first taken up orally by the employee and/or Shop Xxxxxxx with the immediate
xxxxxxx or supervisor who will attempt to settle the matter. If the alleged
grievance is not settled it shall be reduced to writing and processed directly
into Step 2 at which time it is considered an official grievance and subject to
the time limits set forth herein.
STEP 2. XXXXXXX AND XXXXXX - (Written Grievance) The Shop Xxxxxxx shall take up
the grievance with the immediate xxxxxxx or supervisor who will attempt to
adjust the grievance and the
29
COMPANY will render a decision in writing within two (2) working days from the
time of its presentation to him. When an unsatisfactory answer is received, the
grievance may be referred to Step 3 in writing.
STEP 3. BUSINESS REPRESENTATIVE AND MANAGEMENT - The Business Representative or
authorized UNION Representative(s) (not a Shop Xxxxxxx) and an authorized
representative(s) of the COMPANY shall meet within three (3) working days. The
COMPANY shall render an answer in writing within five (5) working days after
such meetings. When an unsatisfactory answer is received or if the grievance is
unanswered within the above time limit, the grievance may be referred by the
UNION either directly to Arbitration, Step 5, or by mutual agreement between the
parties to a Grievance Review Committee as set forth in Step 4. The decision for
either arbitration or submission to the Grievance Review Committee must be made
in writing within five (5) working days.
STEP 4. GRIEVANCE REVIEW COMMITTEE - There shall be a committee known as the
Grievance Review Committee composed of two (2) COMPANY representatives and two
(2) UNION representatives. It is understood that no UNION representative or
COMPANY representative shall have been directly or indirectly participants in
the previous steps.
The Committee shall meet at a mutually agreeable time and place. The Grievance
Committee shall review the cases presented to it, investigate the circumstances
and facts, hear testimony and question witnesses. The decision of the majority
of the Grievance Review Committee shall be final and binding on the COMPANY and
the UNION, such decision shall be within the scope and terms of this AGREEMENT
but shall not add to, subtract from, alter, or change the scope and terms. The
decision shall be rendered in writing within ten (10) days from the time of
presentation to the Grievance Review Committee and shall specify the effective
date of the decision.
In the event the Grievance Review Committee cannot reach a majority decision or
fails to render a written decision within the above set time limit, the
plaintiff may appeal to Step 5, Arbitration. Such appeal shall be made in
writing within five (5) working days.
STEP 5. ARBITRATION
a) In the event a grievance is not settled at Step 3 or by the Grievance
Review Committee using the outlined grievance procedure, such grievance
may be submitted to arbitration upon written notice by the UNION to the
COMPANY within five (5) working days after the COMPANY's Step 3 answer or
after the Grievance Review Committee has communicated its decision to the
parties. Any submission to arbitration shall specify the issue(s) raised
by the grievance including the Article(s) and Section(s) of the AGREEMENT
allegedly violated under the provision of Article XI together with the
specific award requested to resolve the matter.
b) Within (10) days of the receipt of the written notice of the intent to
arbitrate, the COMPANY will meet with the UNION to select a mutually
agreeable arbitrator. If the parties are unable to select a mutually
agreeable arbitrator, he shall be selected by and under the procedures of
the American Arbitration Association, i.e., the Association will submit a
list of five arbitrators qualified in the subject at dispute between the
parties. The parties will then alternately strike names from the lists.
After four (4) names are thus eliminated from the list, the last name
remaining will be the duly selected arbitrator.
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c) In no event shall more than one grievance be subject to arbitration before
the same arbitrator at the same time except by a mutual agreement in
writing between the parties. In any instance where the question of
arbitrability is raised, the arbitrator shall be directed to review and
reply to that issue before any hearing or discussion, review or reply may
be directed to the subject grievance by a subsequent arbitrator. No more
than one (1) grievance shall be heard by a single arbitrator at one (1)
time and/or hearing except by mutual agreement in writing between the
parties, except where more than one (1) grievance with identical issued
and/or circumstances may be heard by one (1) arbitrator at the same time
or hearing. The arbitrator shall be empowered only to interpret the
expressed provision(s) of the AGREEMENT as they apply to the particular
case at issue and the arbitrator shall have no power or authority to
subtract from, alter, amend, or change any term and/or provision of this
AGREEMENT including the present wage rates in any way, or impose on any
party hereto a limitation or obligation not provided for in this
AGREEMENT, including the interpretation of federal or state statues or
local ordinance that may be involved in the consideration of the
grievance. Further, the arbitrator shall not be empowered, and shall have
no authority to base his award on any alleged practice or oral
understanding which is not incorporated in writing. The arbitrator may
rule on a challenged wage rate of a new, revised or combined job using
only those rates already established for comparison.
d) The decision or award of the arbitrator, in writing, on the merits of any
grievance within his jurisdiction and authority shall be final and binding
upon all the parties of the AGREEMENT.
SECTION 3. GENERAL RULES
a) The arbitrator's charge shall be borne equally by the COMPANY and the
UNION. Each party shall pay the expense of its own representatives and
witnesses.
b) Time limits may be extended by mutual agreement.
c) In the event the UNION, as such, has a grievance, the grievance shall be
processed directly into Step 3.
d) Any grievance shall be considered settled in accordance with the last
position communicated by the COMPANY or the Grievance Review Committee
unless it is referred in writing to the next succeeding step within five
(5) working days from the date a written decision is given on the
grievance.
e) Grievances regarding alleged improper discharge or layoff must be filed
within three (3) working days after such discharge or layoff. Other
grievances shall be without effect and void unless presented in writing to
the lowest applicable step within fifteen (15) days from the date of
occurrence or within fifteen (15) days from the date the employee,
employees or the UNION first acquire, or by ordinary observation should
have acquired, knowledge of the fact or facts upon which the grievance is
based. Retroactive pay shall be limited to a maximum of thirty (30)
working days except in cases of willful violation of contract the
Arbitrator may waive the thirty (30) working day limitation on
retroactivity.
f) All awards of back wages shall be limited to the amount of wages the
employee would otherwise have earned from his employment with the COMPANY
less any unemployment or other compensation for personal services rendered
from any source during the period involved in the dispute.
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g) At Step 2 and Step 3 and referral to the Grievance Review Committee, the
Union's written submission shall specify and identify the specific issue
raised by the grievance, including the article(s) and Section(s) of the
AGREEMENT allegedly violated, known facts surrounding the matter and the
specific remedy sought.
h) All the time limits specified in the grievance (including Grievance
Review) and the arbitration procedure shall be jurisdictional and shall be
conditions precedent upon which the grievance shall be recognized and
processed further. If any and/or all the time limits are not complied
with, the COMPANY may rightfully and lawfully refuse to process the
grievance further and the grievance shall be considered null and void and
end then and there without either the UNION or any allegedly aggrieved
employee being entitled to process the matter to a subsequent step or to
arbitration, or otherwise. However, by written mutual agreement of both
the COMPANY and the UNION, the parties may agree to modify or extend any
of the jurisdictional time limitations specified within the Article for
any particular grievance.
i) It is understood and agreed that matters relating to Medical, Life,
Pensions, Disability Benefits matters other than reasons of non-payment of
premiums or other items not expressly covered in this AGREEMENT, shall not
be subject to the grievance and/or arbitration procedures provided herein.
32
ARTICLE XVII
UNION REPRESENTATION
SECTION 1. UNION REPRESENTATION
a) XXXXXXX PROVIDED FOR - for the purpose of representation within a plant
the UNION shall be entitled to a reasonable and adequate number of
Stewards, who shall restrict their activities to the handling of
grievances and other legitimate UNION business, and in this connection
shall be allowed a reasonable amount of time for this purpose.
b) BUSINESS REPRESENTATIVE TO ACT FOR XXXXXXX - Where for any reason a plant
does not have a Xxxxxxx, UNION members may be represented by a Business
Representative of the UNION who may process a grievance in place of a
Xxxxxxx. The UNION will make every reasonable effort to maintain an active
Xxxxxxx with credentials and authority to act as such.
c) ACCESS TO ESTABLISHMENT - Business Representatives of the UNION, for
performance of official UNION duties, upon application to the offices of
the COMPANY, shall be permitted to enter the premises of the COMPANY
during working hours.
The Business Representative shall not unreasonably interfere with the
normal work duties of employees or the operation of the plant.
d) UNION MAY USE BULLETIN BOARD - The UNION shall have the privilege of
suitable space on bulletin boards, for posting notices of official UNION
business, provided that copies of such notices are delivered to the
COMPANY prior to posting.
SECTION 2.
The UNION will supply the COMPANY with a list of Stewards showing the area of
their jurisdiction and shift they represent, and the names of Lodge officers.
ARTICLE XVIII
HEALTH MEDICAL AND DENTAL BENEFITS
1) The present Group Insurance, Hospitalization, Surgical, Medical and Dental
Program (see Appendix "C") shall remain in full force and effect and will
continue to be administered by the C.M.T.A. -I.A.M. Joint Health and
Welfare Trust, subject to the following conditions:
a) The three COMPANY Trustees shall be appointed by the California
Metal Trade Association.
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b) The three UNION Trustees shall be appointed by the Administrative
Assistant of District 190 Machine and Manufacturing Division, I.A.M. &
A.W.
c) Expenses in connection with the operation of the Trust shall be paid from
the regular monthly contributions paid by the COMPANIES who are
subscribers to the Trust.
d) The sole obligation of the COMPANY to the Trust shall be to pay a monthly
premium necessary to maintain the benefits described in Appendix "C".
2) Any or all of the benefits provided under this Article XVIII may be
provided directly from the Trust Funds, or through an insurance
company, or a service organization, or any combination thereof.
3) The California -IAM Dental Benefit Trust shall be merged into the
C.M.T.A. - I.A.M. Joint Health and Welfare Trust effective September
1, 1974 (or earlier if the Trustees of both Trusts so agree), with
the latter being the continuing Trust. Eligibility for dental
coverage shall be determined in accordance with rules in effect on
March 31, 1974, until the merger and thereafter until such time as
the Trustees of the continuing Trust deem it advisable to conform
such rules (or more closely conform them) to the provisions of
paragraph C-6 of Appendix "C".
4) In the interest of reducing costs, the COMPANY reserves the right to
terminate its participation in the C.M.T.A. - I.A.M. Joint Health
and Welfare and/or the Cal/I.A.M. Dental Benefit Trust providing it
is able to obtain equal or better coverage from another carrier and
that it notifies the UNION at least thirty (30) days in advance of
the change.
5) The group Insurance, Hospitalization, Surgical, Medical and Dental
Program for employees covered by this AGREEMENT and their dependents
is set forth in Appendix "C".
6) The Company and the UNION agree that the COMPANY's sole
responsibility will be to make monthly premium payments to the
C.M.T.A.-I.A.M. H&W Trust for benefits provided by the
D.M.T.A.-I.A.M. Group Insurance, Hospitalization, Surgical, Medical,
Life and Dental plans. The monthly maximum premium amounts are as
follows:
Effective 9/1/95 $435.00 per month maximum premium
Effective 9/1/96 $529.00 permonth maximum premium
Effective 9/1/97 $559.00 per month maximum premium
Effective 9/1/98 $589.00 per month maximum premium
In the event the insurance premiums exceed $589.00 per month between 9/1/98
through 4/30/99, (fourth year of the AGREEMENT) the COMPANY will pay up to the
monthly premium amount paid in behalf of Bepex (Santa Xxxx) salary-paid
employees. Should that amount not meet C.M.T.A. - I.A.M. Group Insurance monthly
premium needs, the remaining portion will be deducted from employee's pay in a
manner to be agreed to by the COMPANY and the UNION.
Should changes in the Plan design, claims experience, etc. or other action
result in a decrease in premiums below the amount provided for each contract
period stipulated above, the COMPANY's sole obligation will be to pay the
decreased monthly premium amount.
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ARTICLE XLX
PENSION PROGRAM
The Pension Program for employees covered by this AGREEMENT is set forth in a
separate AGREEMENT between the parties entitled "Standard Participation
Agreement."
SECTION 1. PENSION PLAN
a) Commencing with the 1st day of August, 1978, and for the duration of the
Collective Bargaining Agreement, the COMPANY agrees to make payments to
the C.M.T.A. - I.A.M. Pension Fund or its successor, I.A.M. National
Pension Fund, (the "Pension Fund") for each employee employed in a job
classification covered by the Collective Bargaining Agreement.
The COMPANY shall make a contribution of one dollar and fifteen cents
($1.15) effective 5/1/96 and a contribution of one dollar and twenty cents
($1.20) effective 5/1/97 to the Pension Fund for up to forty (40) hours
per week for which pay is required, except jury pay, pay for apprentice
school time which is outside the employee's regular working hours, payment
for sickness and injury time, and bereavement pay.
Contributions for a new, temporary, probationary, part-time or full-time
employee are payable after a maximum of 60 calendar days from the first
day of employment.
b) The COMPANY and I.A.M. Xxxxx further agree as follows:
1) The payments to the Pension Fund required by paragraph a) above
shall be made to the Pension Fund, which was established under the
Agreement and Declaration of Trust dated May 1, 1960, as amended,
which has been signed by the COMPANY and I.A.M. Lodge in the place
provided at the end of such Trust Agreement.
2) They shall sign the standard participation agreement required by
the Trustees of the Pension Fund.
3) The Pension Plan adopted by the Trustees of the Pension Fund shall
at all times conform with the requirements of the Internal Revenue
Code, so as to enable the COMPNAY at all times to treat
contributions to the Pension Fund as a deduction for Federal Income
Tax purposes.
4) All Contributions shall be made at such time and in such manner as
the Trustees require; and the trustees shall have the authority to
have an independent Certified Public Accountant audit the payroll
and wage records of the COMPANY for the purpose of determining the
accuracy of contributions to the Pension Fund.
a) Any changes in the Pension Plan by the CMTA/IAM will be
integrated into this AGREEMENT, except that COMPANY
contributions shall remain as provided with Section 1 (a) of
this Article XIX.
35
5) Failure of a COMPANY to make contributions when due shall not
relieve any other COMPANY of its obligation to make payments to the
Pension Fund. If a COMPANY shall fail to make its contributions
within thirty (30) days after the date required by the Trustees,
the COMPANY shall be liable for all expenses incurred by the
Trustees in enforcing payment of the contribution for each full
calendar month the contribution remains unpaid. The Trustees may
take any action necessary or appropriate to enforce payment of the
contributions, expenses and liquidated damages due from a COMPANY,
including, but not limited to, proceedings at law and in equity.
6) The COMPANY's liability for payment hereunder shall not be subject
to the grievance procedure or arbitration provided under this
AGREEMENT, and in addition to the remedies of the Trustees, the
I.A.M. Lodge shall have the right to take whatever steps are
necessary to secure compliance with the provisions of this
AGREEMENT set forth in Section 1 above, any provision of this
AGREEMENT to the contrary notwithstanding.
c) The COMPANY shall have no liabilities with respect to the
Pension Fund except to make contributions to such Plan as
required under this AGREEMENT, to execute any standard form
of Subscription Agreement required by the Pension Fund, and
such other liabilities as may be imposed by law.
SECTION 2. AUTOMATIC RETIREMENT - 70
a) Effective January 1, 1979, all employees covered by this AGREEMENT who are
seventy (70) years of age or older will be retired, provided, however that
they are then qualified for benefits under the IAM National Pension Plan.
b) Employees not covered in a) above who are classified as original members
of the Pension Plan shall retire on the last day of the month in which--
1) they have attained age seventy (70) and
2) qualify for benefits under the IAM National Pension Plan.
c) Any employee not covered in (a) or (b) above shall retire on the effective
date of this contract, or when they attain age seventy (70), whichever
occurs later.
SECTION 3. MEDICAL BENEFITS - RETIREES
Effective September 1, 1996, a Joint Trust was established for the purpose of
providing medical benefits for retired employees and their spouses under the
following conditions:
a) Three COMPANY trustees shall be appointed by the California Metal Trades
Association.
b) Three UNION Trustees shall be appointed by the Administrative Assistant of
District 190 Machine and Manufacturing Division, I.A.M. & A.W.
36
c) The sole obligation of the COMPANY covered by this Trust during the life
of this AGREEMENT shall be to pay the rate of $0.30 per hour.
d) Expenses in connection with the operation of the Trust shall be paid from
the contributions described in paragraph (C) above.
e) The COMPANY, while not covered by the Master Agreement, has an Agreement
with the International Association of Machinists and Aerospace Workers and
its affiliated District and/or Local Lodge signatory to this AGREEMENT,
and is a subscriber to this Trust to qualify their CMTA-IAM Trust
pensioners for this benefit.
f) The COMPANY covered by this AGREEMENT shall continue to subscribe to this
Trust, except for merger provided below.
g) Determination and payment of claims shall not be subject to the grievance
procedure.
h) The right to determine the amount of benefits, the eligibility of
employees and their dependents to draw benefits, and such like functions
shall be vested solely in the Trustees.
i) The intent of this program is to provide benefits separate from and in
addition to the Federal Government's Medicare Program.
j) The CMTA-IAM Retiree Medical Plan and Trust shall be merged into the
CMTA-IAM Joint Health and Welfare Trust effective September 1, 1977 (or
earlier if the Trustees agree and can accomplish it) with the latter being
the continuing Trust. All companies that subscribe to the CMTA-IAM Retiree
Medical Plan and Trust, prior tot he merger, will make the contractual
cents per hour (limited to a maximum of 40 hours per week) contribution to
the CMTA-IAM Joint Health and Welfare trust after the merger, and become
subscribers to the latter Trust for the Retiree Medical contributions and
benefits. The benefits for retirees and spouses will be provided solely
from the cents per hour contribution established for that purpose.
37
SECTION 4.
The COMPANY and the UNION agree that for the duration of this AGREEMENT, the
COMPANY's premium cost obligations for the DMTA-IAM Retiree Medical Plan will
not exceed $0.30 per hour.
Should the retiree medical plan be dissolved by the CMTA-IAM H&W Trust, the
COMPANY reserves the right to take such steps as it deems in its best interest
to provide or not provide a medical benefit for bargaining unit employees.
ARTICLE XX
SICK LEAVE PLAN SUPPLEMENTING U.C.D. OR
WORKER'S COMPENSATION INSURANCE
The Sick Leave Plan Supplementing U.C.D. or Worker's Compensation Insurance for
employees covered by this AGREEMENT is set forth in Appendix "D" which is part
of this AGREEMENT. All supplemental benefits paid by the company will remain at
the level effective 10/1/95 for the duration of the AGREEMENT.
ARTICLE XXI
PLANT RELOCATION AND SEVERANCE PAY
1) The purpose of the Severance Pay Program is to alleviate economic distress
resulting from permanent termination of employment due to abandonment of
operations, or permanent discontinuance of a department of the Plant or a
substantial portion thereof.
2) When the COMPANY decides to abandon operations and/or to close permanently
a plant or discontinue permanently a department of a plant or a
substantial portion thereof, and to terminate the employment of
individuals, an employee whose employment is so terminated shall be
entitled to a severance allowance in accordance with, and subject to, the
following provisions:
a) the employee must remain at work until he is released and terminated by
the COMPANY.
38
3) The COMPANY shall pay severance pay to terniinated employees as follows:
Less than one ( 1) year of continuous service - no severance pay.
One (1) full week's pay (forty (40) hours straight time at the
classification rate of pay) - for every year of service.
4) The COMPANY will pay up to three (3) months premiums for the benefits set
forth in Article XIX of this AGREEMENT for employees who receive severance
pay provided those employees are not covered by another employer-paid plan
providing these benefits. In order to receive these benefits, the employee
must furnish proof (such as his slip for unemployment compensation) within
ten (10) days after the first of the month of termination to the Trust
that he is not covered for these benefits for each of the three (3) months
following his termination.
5) The COMPANY shall notify the UNION in writing at least thirty (30) days
prior to the closing or moving of his plant and the consequent termination
of employees. Should the above plant movement or closing be the result of
causes beyond the control of the COMPANY, the thirty (30) days notice
shall not apply.
6) When any employee with seven (7) years continuous service or ten (10)
years accumulative service is laid off, employee will be paid severance
when and if their call back rights expire. Call back rights will be
extending to three years, with employee having the option to take
severance at end of 2 years. Paid per Article XVII of Contract. If the
laid off employee(s) does not take severance pay at the end of his/her
second year, the severance moneys will be paid automatically at the end of
the third year. Election of severance at the end of the second year will
forfeit all call back rights.
ARTICLE XXII
BEPEX CORPORATION 401(K) INCENTIVE SAVINGS PLAN FOR UNION EMPLOYEES
Section 1. Intent of the Parties
The COMPANY and the UNION agree that a defined contribution, incentive savings
plan, guided by the regulations of the Section 401(k) of the Internal Revenue
Tax Code, is available to employees to help them accumulate funds for
retirement. Such Plan shall be known as the Bepex Corporation 401(k) Incentive
Savings Plan for Union Employees, ("Plan"). Definitive documents will be
available to each participant in the Plan. The Plan documents are on file with
the COMPANY and will govern the operation of the Plan.
39
SECTION 2. OPERATION OF THE PLAN
The COMPANY reserves the sole right to change Plan Administrators and/or to make
operative changes in the Plan's administration and procedures, or change that
the COMPANY to operate the Plan. Any change in the Plan, as a result of
legislation will be implemented requirements of the law.
SECTION 3.
This Article contains the entire AGREEMENT between the COMPANY and the UNION
regarding this benefit Plan. The Plan is not subject to the provisions of the
Grievance and/or Arbitration procedure, Article XVI.
ARTICLE XXIII
MISCELLANEOUS SUBJECTS
SECTION 1. STUDY OF JOB EVALUATION FOR MANUFACTURING CONCERNS
It is agreed that the parties hereto will meet at the request of either party to
discuss a job evaluation system to meet the requirements of the manufacturing
operations of the COMPANY. It is further Agreed that no job evaluation program
shall be installed except by express agreement in writing between the COMPANY
and the UNION.
SECTION 2. NEW TECHNOLOGY
Prior to introduction of New Technology, the COMPANY shall provide the UNION
with full information regarding the proposed technology changes. Current
employees shall be trained before new employees. Training is at expense of
employer.
SECTION 3. MAINTENANCE
Subcontracting maintenance work or in-house modifications will be done by
Maintenance Department employees and cannot be subcontracted when maintenance
unit employees are on lay-off.
SECTION 4. SUBCONTRACTING
The COMPANY agrees not to subcontract historically designated Santa Xxxx
products (those made in Santa Xxxx, Bepex, prior to 2-28-86) while employees
qualified to do the work at an acceptable level are on layoff.
Exceptions to the above:
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1) Xxxxxx Xxxxx Blender
2) Fluid Beds
3) Products which, for economic reasons, cannot be manufactured at Bepex,
Santa Rosa, California due to Bepex, Santa Xxxx costs exceeding
subcontract costs by more than 10%. At such time,if employees qualified
to do the job/work are on layoff, the COMPANY will meet with the UNION
to review information listed below:
o Subcontract cost - 'quote'
o History of Bepex, Santa Xxxx Labor Hours projected.
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ARTICLE XXIV
DURATION OF AGREEMENT
SECTION 1. TERMINATION
a) This Agreement entered into this 1st day of October, 1995 shall remain
in effect until April 30, 1999 and shall be considered as renewed from
year to year thereafter unless either party shall give written notice
to the other of its desire to amend the AGREEMENT This written
notification must be received by the other party at least sixty (60)
days prior to the expiration date of this AGREEMENT. If one party
provides written notice of its intent to negotiate a new AGREEMENT,
then the parties shall meet not later than forty-five (45) day prior to
the expiration date for the purpose of negotiating the desired
amendments or modifications.
b) Both parties acknowledge that this contract constitutes the entire
AGREEMENT between the parties and concludes collective bargaining for
its term, subject only to a desire by both parties to agree mutually to
amend or supplement it at any time. Any past agreements not made a
specific part of this AGREEMENT shall be deemed null and void.
SECTION 2. VALIDITY AND GOVERNMENT REGULATIONS
1) Should any provision and/or provisions of this AGREEMENT be in
conflict, be rendered or declared invalid by reason of any existing or
subsequently enacted federal, state or local legislation, Executive
Order of the President of the United States, or by reason of any decree
of a court of competent jurisdiction, such invalidation of such part
and/or parts of this AGREEMENT shall not invalidate the remaining
portions hereof and the same remaining portions shall remain in full
force and effect. The appropriate mandatory provisions or such
presidential Executive Order or such court order shall prevail.
42
2) If, during the period of the AGREEMENT, the United States government or
the State of California enacts a law providing for any previously
negotiated benefits, including pension, hospitalization, life
insurance, medical, etc., the amount of such benefits under the present
program shall be credited against the requirements of any law requiring
the same in whole or in part.
FOR THE EMPLOYER: FOR THE UNION:
BEPEX CORPORATION PETALUMA LODGE NO. 1596
DISTRICT NO. 190
International Association of
Machinists & Aerospace Workers,
AFL-CIO
/s/ [illegible] /s/ [illegible]
------------------------------- ------------------------------------
/s/ [illegible] /s/ [illegible]
------------------------------- ------------------------------------
/s/ [illegible] /s/ [illegible]
------------------------------- ------------------------------------
------------------------------- ------------------------------------
------------------------------- ------------------------------------
43
APPENDIX A - WAGES
(Reference - Article VII, Section 1)
SECTION 1. CLASSIFICATIONS AND RATES OF PAY
EFFECTIVE OCTOBER 1 1995 THROUGH APRIL 30.1999
1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR
-------- -------- -------- --------
(effective 10/1/95) (effective 5/1/96) (effective 5/1/97) (effective 5/1/98)
GRADE 1 19.18 19.38 19.58 19.93
GRADE 2 18.45 18.65 18.85 19.20
GRADE 3 14.20 14.40 14.60 14.90
GRADE 4 13.43 13.63 13.83 14.13
GRADE 5 12.54 12.74 12.94 13.19
GRADE 6 11.79 11.99 12.19 12.44
GRADE 7 11.10 11.30 11.50 11.75
Specialist A 16.32 16.52 16.72 17.02
Specialist B 15.08 15.28 15.48 15.78
Inflation Adjustment suspended for life of agreement.
Journeymen hired after March 23, 1992 will be paid the following:
a) $1.00 per hour less than Journeyman rate for 1st six months.
b) $.50 per hour less than Journeyman rate for 2nd six months.
Grade 3 employees will be paid $.50 below Grade 3 rate for 1st six months.
SHIFT PREMIUM
Employees assigned to 2nd shift will receive a shift premium of twenty-two cents
($0.22) per hour in addition to the above classification rate.
Employees assigned to 3rd shift will receive a shift premium of thirty-three
($0.33) per hour in addition to the above classification rate.
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APPENDIX "B"
DEFINITION OF JOB CLASSIFICATIONS
The following job descriptions are intended to serve as a guide to the proper
classification of employees in the various work operations covered by this
contract.
1. MAINTENANCE MACHINIST - GRADE 1
A qualified machinist who is regularly assigned to repair, overhaul and maintain
existing machinery and/or equipment used in the operation of the COMPANY's plant
and make such parts therefore as are within the employee's capacity and ability
and who, in the course of the employee's employment works with the aid of hand
or machine tools, with or without drawings, laying out his work when necessary,
setting up machine and working to specified tolerances. He may perform other
related duties.
a) Any employee doing the following work will be paid the Maintenance
Machinist Rate of pay:
1) Design jigs and fixtures, or redesign same from original print.
2) Make special form tools (bushings and special boring bars).
3) Perform machining repairs for maintenance.
2. JOURNEYMAN INSPECTOR - GRADE 2
Must have ability to read and interpret complex blueprints and schematics. Must
have thorough knowledge and experience in using and reading all standard
inspection tools and devices. Must have knowledge and experience in the
following areas: (1) sheet metal burning and forming, (2) welding and
fabrication of various materials, (3) machining, (4) assembly, (5) receiving
purchased components, and (6) general knowledge of good manufacturing practices.
Must be able to read and interpret all types of written specifications.
3. JOURNEYMAN MACHINIST - GRADE 2
A person who has served a Machinist's apprenticeship of four (4) years or who
has equivalent knowledge and experience, is capable of operating machine tools,
doing precession bench and floor work, using precision measuring instruments,
reading blueprints, making standard shop computations relating to dimensions of
work and determination of machining feeds, speeds, laying out work, making
setups and carrying complete mechanical projects through assembly and testing in
the manner of a craftsman.
4. JOURNEYMAN WELDER - GRADE 2
A person having the knowledge, training, experience and skill to weld or cut
metal, as required by the employer, utilizing Shielded Metal-Arc Welding (SMAW),
Gas Metal-Arc Welding (GMAW), Gas Tungsten-Arch Welding (GTAW), Submerged Arc
Metal (SAW) and Oxy-fuel gas processes. He shall be able to read blueprints. He
shall also be capable of selecting the proper size and type of welding
electrodes, rods, bluxes and the proper size welding and cutting tips. He shall
also be capable of the layout and fit up of component parts and carrying
complete mechanical projects through assembly and testing in the manner of
craftsmen.
45
5. PRESSBRAKE OPERATOR - GRADE 2
The grade also includes personnel who set up, operate, adjust and maintain
pressbrake equipment. Person performs duties such as setting dies, positioning
stop gauges, adjusting ram stroke, sequencing of multiple pass operations and
reading blueprints.
All of the above personnel maintain equipment and perform clean-up of work area.
6. GENERAL MACHINE OPERATOR - GRADE 3
This includes all personnel expected to perform duties in a specialized area of
metal fabrication or machine shop operations. Once assigned to a specific
machine line such as a lathe or a mill, this person along with supervision
assistance will set up, adjust, operate and maintain the following.
Lathes (both horizontal and vertical) NC and CNC lathes
- or -
Xxxxx, NC and CNC xxxxx (both horizontal and vertical)
This person will also be required to operate the drill press, key setter,
profiler, xxxxxxxxx grinders (both horizontal and vertical), ECM, and the saw.
As a general worker in the machine shop this person will work from drawings,
specifications, written instructions and operation sheets and will maintain the
machines in good working condition and also maintain a clean and organized work
area. It is agreed that Grade 3 classified employees will not operate horizontal
boring xxxxx or vertical-turrent lathes. Employees within this classification
will not perform machine maintenance.
7. WELDER - GRADE 3
This also includes all personnel expected to perform duties in a specialized
area of metal fabrication or machine shop operation. Person sets up, operates,
adjusts and maintains welding equipment used in Shielded Metal-Arc Welding
(SMAW), Gas Metal-Arc Welding (GMAW), Gas Tungsten-Arc Welding (GTAW), Submerged
Arc Metal (SAW), and Oxy-fuel gas processes. Performs welding and hardfacing
operations and screen fabrication. Requires knowledge of and ability to read
welding symbols. Maintains machines in working condition and performs cleanup of
work area.
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8. BURNING MACHINE, FLIGHT PRESS SAW AND SHEAR - GRADE 4
Sets up and operates burning machine to perform cutting operations. Sets up and
operates the Flight Press. Sets up and operates he Shear. Sets up and operates
the Saw. Makes necessary adjustments incidental to the machine operations.
Maintains machines in working condition and performs clean-up of work area.
9. PAINTER - GRADE 4
Applies paint, lacquer or protective finishes with a spray gun, automatic spray
gun, or by brush to surfaces of manufactured products. Person is required to
maintain spraying equipment in working condition. Performs clean-up of work
area.
10. PRODUCTION WORKER I - GRADE 5
Included in this classification are the shipping, receiving and packaging of
units, parts, etc., and any related clerk functions required.
11. PRODUCTION WORKER II - GRADE 6
This includes general workers in Machine Shops. Metal Fabrication or industrial
operations who operate equipment such as Pullmax, blasting equipment, and
grinders. Duties may also include routine maintenance, oiling, greasing, and
cleaning of machinery. Other duties include parts handling, such as the
coordination department parts room and tool cribs. Also included are general
carpentry, routine machine operations and assembly functions. May also help
press brake operator maintain equipment and perform cleanup of work area.
12. JANITOR - GRADE 7
Sweeps floors and removes waste materials in manufacturing areas. Scrubs, mops
and polishes floors, sweeps and dusts manufacturing offices and stairways.
Removes scrap paper. Cleans washrooms, drinking fountains and replenishes
supplies performs various duties as assigned.
13. LABORER - GRADE 7
Moves and handles materials and unloads trucks using various material handling
equipment such as forklift, hand truck, etc. Performs various duties as
directed. Maintains equipment and helps perform cleanup of work areas.
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APPENDIX C
GROUP INSURANCE, HOSPITALIZATIONS, SURGICAL, MEDICAL, & DENTAL PROGRAM
Bepex Corporation agrees to follow the CMTA/IAM Joint Health & Welfare and
Dental Trust according to the current summary plan description, or any future
plan.
Effective September 1, 1995, if an employee left work prior to 9/12/95 because
of a disability as provided in this section, the employer will be responsible
for making the six months or twelve months premium payment even if the payment
period extends after 9/11/95.
Effective September 1, 1995, the life insurance in the standard benefit package
will be at the level of $2O,OOO.
Please refer to your booklets for any questions.
48
APPENDIX D
SICK LEAVE PLAN SUPPLEMENTING U.C.D. OR WORKER'S COMPENSATION INSURANCE
SECTION 1. GENERAL PURPOSE
The general objective of this plan, which shall become effective October 1, 1995
is to provide employees with wage stability during long-term illness or injury.
This protection shall cover only that number of days, weeks, or months (as set
forth in section 2) below) during which the employee would have been working had
the employee not be disabled. Excluded from the coverage of this Appendix are
all maternity benefits. This program will provide weekly benefit levels on a
seven day basis in accordance with the formula set forth below. These weekly
benefits are integrated with benefits received from the State Unemployment
Disability Fund or Worker's Compensation benefits. The daily benefit will be
one-seventh of the weekly benefit.
Company-Paid Supplemental
Bepex Classification 10/1/95 thru 4/30/99
-------------------- -------------------------
Grade 1 Maintenance Machinist $156.00
Grade 2 Journeyman $133.00
(Closed Class)
Specialist "A" $ 79.00
Specialist "B" $ 62.00
Grade 3 Welder, Machine Operator $ 77.00
Grade 4 Painter $ 47.00
Flight Press Operator
Burning Machine
Grade 5 Production Worker I $ 30.00
Grade 6 Production Worker II $ 16.00
Grade 7 Janitor, Laborer -------
SECTION 2. ELIGIBILITY AND DURATION OF BENEFITS
All employees must complete one full year of service from last date of hire to
be eligible for any benefits under this Plan. Eligibility and duration of
benefits will be determined as follows:
a) Employees with LESS than one year of service as of April 30 will start
accruing benefits on the first of the month following the month in which
they complete one full year of service as outlined below.
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NUMBER OF OF DAYS
LENGTH OF SERVICE IN MONTHS SUPPLEMENTAL SICK LEAVE BENEFITS
--------------------------- --------------------------------
12 MONTHS OR LESS NONE
----------------- ----
13 months 1 calendar days
14 months 2 calendar days
15 months 3 calendar days
16 months 5 calendar days
17 months 6 calendar days
18 months 7 calendar days
19 months 8 calendar days
20 months 9 calendar days
21 months 11 calendar days
22 months 12 calendar days
23 months 13 calendar days
b) Employees with MORE than one year of service as of April 30 of any year
will have the duration of their benefits for the entire sick leave year
computed as of April 30 at the same time that vacation benefits are
determined. Duration of benefits shall be as follows --
NUMBER OF DAYS SUPPLEMENTAL
LENGTH OF SERVICE SICK LEAVE BENEFIT
----------------- ------------------
1 year but less than 2 years 14 calendar days
2 years but less than 3 years 28 calendar days
3 years but less than 5 years 56 calendar days
5 years but less than 10 years 91 calendar days
10 years and over 182 calendar days
c) The benefits of this plan shall not be paid to any employee who ceases
active full-time work for any reason other than an illness or accident
for which he is paid benefits under the State U.C.D. Program or
Worker's Compensation Insurance Program.
In exception to this paragraph, where an employee is on layoff and is
recalled to work but is unable to work by reason of a disability which
qualifies under this plan, he shall be eligible for benefits starting
on the date he would have returned to work as a result of the recall.
d) Each eligible employee shall be entitled to receive supplemental sick
leave pay in any sick leave year, May l through April 30, up to the
number of days as determined in Section 2, and in accordance with the
schedule of benefits set forth in Section 1, provided that, to qualify
for any benefit in the new sick leave year beginning May 1, an employee
must work for the COMPANY in the new sick leave year a number of days
equal to the total number of days in the preceding sick leave year for
which sick leave benefits were paid.
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e) Employees who are on disability on the anniversary date, April 30,
shall be entitled only to the number of days as determined in Section 2
to which they were entitled on the day they ceased active full-time
work for the COMPANY by reason of disability.
Such employees must return to active full-time work for the company in
the new sick leave year and requalify for benefits in accordance with
(a) above.
f) The total benefits to which an employee is entitled under this plan can
be applied only once during the sick leave year; i.e., from May 1
through April 30. If qualified sick leave absence occurs more than once
during a sick leave year, the maximum benefits to which any employee is
entitled will be reduced by the amount of benefits already paid during
the sick leave year.
g) To be paid supplemental sick leave pay under this plan, the employee
must be eligible for, be paid, and present to the COMPANY no later than
thirty (30) calendar days after his return to work, a copy of the State
U.C.D. or Worker's Compensation Insurance benefits paid to him. Upon
presentation of this evidence to the COMPANY, he shall receive
supplemental sick leave pay as expeditiously as possible.
SECTION 3. GENERAL PROVISIONS
a) THE COMPANY'S SOLE OBLIGATION UNDER THIS CONTRACT IS TO PROVIDE THE
BENEFITS OUTLINED HEREIN AND THERE SHALL BE NO DUPLICATE OR OVERLAPPING
BENEFITS PAID UNDER THIS CONTRACT: i.e., no supplemental sick leave pay
shall be paid for any day for which the employee is also entitled to
pay for any reason under this contract.
b) Only fill day sick leave payments will be made. No supplemental pay
shall be paid for partial work days lost.
c) Working days lost for which supplemental sick leave benefits are paid
and supplemental sick leave payments made under this plan shall not be
considered as time worked for any purpose in this contract except as
otherwise provided in paragraph (a) 3 of Section 2 of article VII -
Vacations.
d) The benefits of this plan shall not apply to any disability not covered
by U.C.D. or Worker's Compensation Insurance. In any case, the waiting
period provided under U.C.D. Worker's Compensation Insurance shall
apply before benefits shall be paid.
e) Satisfactory evidence of disability is a prerequisite to participation
in the benefits provided by this plan. Qualification for U.C.D. or
Worker's Compensation benefits is not necessarily in and of itself
considered satisfactory evidence of disability for purposes of this
plan. Further, the COMPANY, at its discretion and at its expense,
reserves the right to have its own physician examine an employee
participating or seeking to participate. If such examination reveals
that there is not satisfactory evidence of disability, the benefits
under this plan shall cease until the matter is resolved. If the matter
is not resolved, it may be referred to the Grievance Procedure.
f) In order to qualify for benefits, the employee has the responsibility
for taking all proper steps to insure early recovery. Such steps may
include the attendance of a qualified physician and the purchase of
drugs, medicines, medical supplies and hospitalization service as
necessary.
51
g) Upon request of the COMPANY the employee shall furnish to the COMPANY
the doctor's estimate of the date that the disability will terminate
and the employee will resume his regular or customary work. This
information is recorded in Question #24 of the current State U.C.D.
Claim Form.
52
APPENDIX "E"
TRUST FUND OBLIGATIONS
In addition to the obligations set forth above in Articles XV, XVI and Appendix
"C", with respect to the following pension and Welfare Plans, the parties agree
to be bound by all the terms and provisions of the Trust Indentures establishing
said Plans, as said Trust Indentures are presently in effect and as they may
hereafter be amended in accordance with their provisions relative to amendment:
1. CMTA-IAM Pension Plan or its successor, the IAM National Pension Fund.
2 CMTA-IAM Retiree Medical Plan.
3. CMTA-IAM Joint Health & Welfare Plan.
PENSION AND RETIREE MEDICAL CONTRIBUTIONS:
Contributions to the Pension Plan and to the Retiree Medical Plan shall be based
on all hours for which pay is required -- up to 40 hours per week -- under this
AGREEMENT, except jury pay, pay for apprentice school time which is outside the
employee's regular working hours, payment for sickness and injury time,
bereavement pay, and payments made in accordance with sick leave plans
supplementing U.C.D.
HEALTH & WELFARE AND DENTAL CONTRIBUTIONS:
Monthly contributions to the Health & Welfare and Dental Plans shall be in such
amounts as the Joint Union-Management Boards administering said plans from time
to time determine to be necessary to pay their costs of administration and to
provide the benefits required hereunder. The monthly contribution shall be paid
for all employees who are carried on the payroll as of the first business day of
any calendar month. Contributions to the Health and Welfare Plan shall also be
required for employees employed prior to the sixteenth day of the month who are
entitled to immediate coverage under Appendix "C".
PAYMENT OF CONTRIBUTIONS:
Reports and contributions to the Pension and Retiree Medical Plans are due and
payable on the tenth day of the month following the month for which the hours
are being reported. Reports and contributions to the Dental and Health & Welfare
Plans shall be payable on the tenth day of the current month. For any period of
time for which no required report form has been filed, the Company's obligation
-- until the proper report form is filed -- shall not be less than the amount
which would be owing based on the facts reported on the report form covering the
most recent month reported. Performance of these obligations shall be made at
such address as may be specified from time to time on the report forms.
53
LIQUIDATED DAMAGES:
It is understood that the contribution rates to the above Trusts are based upon
timely payments from the employers. If the employers do not make timely
payments, the Trust Funds lose interest on money which should have been
received, incur additional administrative expense in the form of letters,
telephone calls, changes in computer xxxxxxxx and other collection expenses, all
of which constitute damages arising from the Company's failure to make timely
payment of contributions. From the nature of the case, it is impractical or
extremely difficult to fix the actual damages resulting from each default.
Therefore, in any case where the required monthly payment is delinquent for
longer than any grace period the joint board may allow, liquidated damages shall
be imposed equal to ten percent (10%) of the delinquent contribution, with
minimum liquidated damages of $25,000 to any Trust to which payment is
delinquent. Furthermore, if payment is not made within two months of the
original due date, interest shall accrue at the rate of ten percent (10%) per
annum from the original due date, and the delinquent Company shall be
responsible for any reasonable legal fees incurred in connection with the
delinquency, whether or not legal action has been brought, and for court costs
if legal proceedings are instituted.
MISCELLANEOUS
If any joint board determines that the Company is consistently delinquent in
paying its contributions, then it may require and the Company shall promptly
provide such cash deposit or other security as it may deem necessary to protect
the Trust against any further delinquencies, and may reduce or eliminate any
grace period otherwise available to the Company.
None of the Trusts shall be responsible for paying benefits for any employee if
the required contributions on his behalf have not been received, except as
specifically provided under any of the Trust Indentures or rules and regulations
adopted thereunder. Furthermore payment of benefits directly by any Trust Fund,
or payment of premiums in insurance companies or service organizations by any
Trust Fund, is conditioned upon the existence of sufficient money in that Trust
Fund to make payments.
The right to modify or to amend this Appendix is specifically reserved to the
parties.
54
I.A.M. NATIONAL PENSION FUND
STANDARD CONTRACT LANGUAGE
BENEFIT PLAN C
"ARTICLE XIX - PENSIONS"
A. The COMPANY shall contribute to the I.A.M. National Pension Fund,
Benefit Plan C., for each hour for which employees in all job
classifications covered by this AGREEMENT are entitled to receive pay
under this AGREEMENT at $1.15 per hour effective 5/1/95 and $1.20 per
hour effective 5/1/97.
B. The COMPANY shall continue contributions based on a forty (40) hour
work week while an employee is off work due to paid vacations or paid
holidays.
C. Contributions for a new, temporary, probationary, part-time or
full-time employee are payable after a maximum of 60 calendar days from
the first day of employment.
D. The I.A.M. Lodge and the COMPANY adopt and agree to be bound by, and
hereby assent to the Trust Agreement, dated May 1, 1960, as amended,
creating the 1.A.M. National Pension Fund and the Plan rules adopted by
the Trustees of I.A.M. National Pension Fund in establishing and
administering the foregoing Benefit Plan pursuant to the said Trust
Agreement, as currently in effect and as the Trust and Plan may be
amended from time to time.
E. The parties acknowledge that the Trustees of the I.A.M. National
Pension Fund may terminate the participation of the employees and the
COMPANY in the Plan if the successor collective bargaining agreement
fails to renew the provisions of this pension Article, other than to
increase the Contribution Rate or to add job classifications or
categories of hours for which contributions are payable
F. This Article contains the entire agreement between the parties
regarding pensions and retirement under this Benefit Plan and any
contrary provision in the AGREEMENT shall be void. No oral or written
modification of this AGREEMENT shall be binding upon the Trustees of
the I.A.M. National Pension Fund. No grievance procedure, settlement or
arbitration decision with respect to the obligation to contribute shall
be binding upon the Trustees of the said Pension Fund.
55
APPENDIX F
COMPANY WORKING RULES FOR EMPLOYEES COVERED BY THE LABOR-MANAGEMENT
AGREEMENT
These rules are published for your information and to minimize the likelihood of
an employee, through misunderstanding or otherwise, becoming subject to any
disciplinary action. Violation of any COMPANY rule cannot be ignored by
management. These rules and regulations are fully enforceable under Article III,
Section 3 of the AGREEMENT. It is only fair that you should be familiar with
these rules. The COMPANY considers all to be of importance.
SECTION 1
RULES SUBJECT TO DISCIPLINARY ACTION IF VIOLATED
1. Avoid tardiness or absenteeism. Day shift hours are 7:30 a.m. to 4:00
p.m. with 30 minutes (unpaid) for lunch between 12:00 noon and 12:30
p.m. Swing shift hours are 4:00 p.m. to 1:00 a.m. with 30 minutes
(unpaid) for lunch between 8:00 p.m. and 8:30 p.m.
2. Work exclusively through your xxxxxxx. This includes request for
maintenance.
3. Obtain permission from respective xxxxxxx before leaving assigned work
area. (Except for reasonable use of laboratory or to obtain needed
equipment or tools for his work).
4. Perform satisfactory work. Avoid repeated mistakes and rework.
5. If unable to come to work, advise xxxxxxx or COMPANY within 2 hours
after start of shift on first day of absence. This does not
automatically excuse the absence.
6. No loitering, visiting or other abuses of time during assigned work
hours.
7. Adhere to safety rules published and POSTED for your protection.
8. Do not operate any tools unless skilled or instructed in proper use.
Ask xxxxxxx for instructions.
9. Do not knowingly damage or abuse COMPANY tools or property.
10. Keep work area and equipment reasonably clean. This applies also to the
use of equipment outside of assigned work area.
11. Use pay phones to make outgoing phone calls during lunch or coffee
breaks. Incoming emergency phone calls will be processed as fast as
possible through regular switchboard and through respective foremen.
12. Report accurate time and shop numbers according to established
procedure. (These are used to establish correct selling prices which
aid sales).
56
13. Obtain approval of production manager before soliciting or collecting
contributions, or distributing written or printed matter on the COMPANY
property during regular work hours.
14. Arrange for visitors to see you outside of factory buildings at lunch
time or after assigned work hours.
15. Do not discredit or otherwise abuse the credibility of a xxxxxxx or
supervisor through any act or action willful1y designed.
16. Do not leave COMPANY premises during assigned work hours without
permission of respective xxxxxxx.
17. Excessive Absenteeism (See Section III).
NOTE: THESE RULES ARE NOT INTENDED TO BE ALL INCLUSIVE.
DISCIPLINARY ACTION which will be administered for violation of any of the above
rules:
1. First offense - verbal warning
2. Second offense - written warning
3. Third offense - disciplinary suspension up to fifteen (15)
working days depending on the seriousness or
nature of the violation
4. Fourth offense - discharge
Since the aim of this program is to be helpful and constructive, discipline will
be progressive. However, any employee who had no violations for six (6)
consecutive calendar months, shall clear his record by one step. For each
additional six (6) consecutive months period thereafter, his record would
improve by one step. Thus, an employee who had reached step 3 above could wipe
the slate clean with no violations for eighteen (18) consecutive calendar
months.
SECTION II
ACTIONS SUBJECT TO IMMEDIATE DISCHARGE
1. Deliberately endangering the safety or life of others.
2. Deliberately delaying or restricting production or making others to do
so.
3. Refusal to perform work properly assigned by a xxxxxxx or supervisor.
4. Disclosure of any COMPANY information such as drawings, specifications,
customer lists, to unauthorized persons.
5. Willingly falsifying any COMPANY records, including time records.
6. Bringing liquor or narcotics into the plant, or consuming liquor or
using narcotic on COMPANY premises, or reporting for work under the
influence of liquor or narcotics after having been warned once in
writing for this offense.
7. Deliberately abusing, destroying, damaging or defacing COMPANY
property, tools, equipment or the property of others on COMPANY
premises.
8. Fighting on COMPANY property.
9. Theft.
57
10. Fourth violation of any rule under Section I.
NOTE: THE PRECEDING LIST IS NOT INTENDED TO BE ALL INCLUSIVE.
SECTION III - ABSENTEE AND TARDINESS CONTROL PROGRAM
OBLIGATIONS
The following program reflects but one of the efforts to limit absenteeism and
tardiness and to enunciate responsibilities as prescribed within Article II,
Section 2, and Article XV, Section 6 of the AGREEMENT.
The control of absenteeism and tardiness is a serious matter. The solution to
preventing or controlling either from becoming a problem rests in the mutual
acceptance by the employee, the UNION and the COMPANY of their respective
responsibilities. The costs of absenteeism or tardiness are obvious in that they
often promote the need for otherwise unnecessary overtime, temporary transfers
or other temporary measures that may affect the timeliness, quality and quantity
of production. Bepex Corporation has the responsibility to its customers and to
its management and employees to provide quality work, at the lowest possible
cost and on time. Thus, each employee must accept their responsibility of
reporting to work promptly at the times scheduled. The well-being of the COMPANY
and each employee's job is ultimately affected by absenteeism and tardiness.
ABSENTEE RATE
There is no amount of lost time or number of absences or tardiness per month or
per year which will neatly divide a satisfactory from an unsatisfactory
attendance or tardiness record for individual employees. There is no specific
gauge available that can be used to measure the limits of satisfactory vs.
unsatisfactory attendance or tardiness. Even to provide such a figure may only
serve to give absentee offenders a false sense of a maximum allowable amount. An
employee is obligated to report to work regularly and on time. That is what
he/she was hired to do. If he/she never has to be absent, he/she shouldn't be.
It is fully recognized, however, that unexpected illnesses, accidents or other
living requirements may require an employee's absence from work or even a late
arrival. It is expected that these be kept to a minimum.
It is quite evident that both intermittent short-term absences and tardiness and
long-term absences present cost-related problems. However, the unexpected
intermittent short-term absence and tardiness or leave early is the situation
that presents the greatest cost-related problem to the COMPANY with unexpected
changes in scheduling; in producing quality work often with substitute
employees; in productivity, due to employee unfamiliarity with work; and
ultimately in costs, due to the interruptions and changes. It is found that the
majority of intermittent, short-term absenteeism is attributable to a minority
number of employees. Although Bepex will consider an employee's employability
for both short- and long-term absences, the intermittent, short-term absence or
tardiness is the type addressed by this particular program.
RANKING OF ABSENTEE OFFENDERS
Periodically (quarterly, monthly, weekly), employees will be ranked in order of
the number of TIMES they are absent over the prior 12 month period. The number
of DAYS absent will be the secondary factor in the ranking.
58
Any single, continuous absence, even though over a weekend or holiday, will
constitute a single TIME. Those employees at the top of such list will be
considered first for counseling and/or disciplinary action. Employees who are
moving upwards on the list, those whose absentee rate shows no improvement or
those whose absentee rate is worsening, will also be considered for counseling
and/or disciplinary measures, as the COMPANY deems necessary. The COMPANY will,
therefore, attempt to address the worst offenders and those who have had prior
disciplinary action first. The same approach will be used for tardiness.
TARDINESS
A single lateness from the starting time, or a single leave early, will be
listed as a single time tardy for this program. A tardiness of over two (2)
hours will count as an absence. Should an employee continue his/her rate of
absenteeism or tardiness, disciplinary action, including discharge may be
required.
DISCIPLINARY MEASURES
Disciplinary measures will be taken to confirm counseling or lack of improvement
in attendance or tardiness. Disciplinary action l normally begin with counseling
and a written, confirming warning. The employee's record, level of prior
discipline, rate of absenteeism, etc., will be among the factors considered to
determine the level of discipline meted out. Disciplinary action will proceed in
accordance with Section I, above. The final step will result in the employee's
discharge and loss of all seniority. Disciplinary action will result if the
employee's rate of absenteeism is not improving or has not improved to an
acceptable level.
INTENTION
The full intention of this approach is to force a reduction in the number of
times absent or tardy by the top-ranked absentee offenders until the absentee
rate for such top-ranked offenders is at an "acceptable" level. Ideally,
counseling and/or the lowest levels of discipline will bring desired results.
The COMPANY will share the information on the lists of the top absentee and
tardiness offenders, with the UNION, and in accordance with the intentions of
Article II, Section 2 of the AGREEMENT will cooperate with the bargaining
representatives in their obligation to cooperate in reducing absenteeism and
tardiness. Should there be disagreement as to the disciplinary action(s) taken
by the COMPANY, the provision of Article XVI, Grievance Procedure, may be
applied.
EXCEPTIONS
Absenteeism for the following reasons will not be considered in the Bepex
intermittent, short-term absentee control program:
Time off due to a bona fide industrial accident at Bepex, where the employee can
show proof of the injury and accident and time off for subsequent medical
treatment for the same compensable injury. The COMPANY reserves the right to
make or change appointments for subsequent medical treatment.
59
Time off for holidays, paid vacation, jury duty, and funeral pay as prescribed
within the Labor-Management AGREEMENT or for service with the U.S. Armed Forces
or National Guard.
Note #1: Any employee who is absent for three (3) consecutive working days or
more and who has reported his/her absence and is known to be ill,
will not be permitted to return to work without a full, unrestricted
medical clearance (physician's statement). The COMPANY reserves the
right to have employees who return to work be examined by a
physician.
Note #2: Any three (3) consecutive working-day period of unreported absence
will be considered as a quit.
Note #3: Employees are to report off work no later than two (2) hours after
the beginning of an absence relating the reason for the absence and
anticipated day they will return to work. Reporting off work does
NOT constitute an excused absence.
SECTION IV - TARDINESS
Any company, in order to plan and assure its production, must depend on its
employees starting work on time. Tardiness is inexcusable and should not occur.
DEFINITION OF TARDY
Reporting to work after the regular starting time of the shift and before two
(2) hours into the shift is considered a tardy. (Anything after 2 hours is
considered an absence.)
Two (2) tardies in any one calendar month are equal to one (1) absence for
purposes of disciplinary action.
LOSS OF PAY
An employee reporting to work late will have his pay reduced in six (6) minute
increments (1/10 hour) rounded out to the net higher increment.
SECTION V - ATTENDANCE
1. Time cards should not be punched in before 10 minutes before the
start of the shift.
2. Time cards must be punched out immediately after the end of the
employee's assigned work hours, but within 10 minutes after the end
of the shift, or upon leaving before the end of shift.
3. Note rules regarding time cards in Section I, No.1 and 12. Section
II, No.5.
4. Off premises work will be manually reported on time card and
approved by xxxxxxx.
60
APPENDIX G
SAFETY RULES
1. All injuries, even slight, must be reported immediately to your xxxxxxx.
2. Report any unsafe practices, equipment or conditions to your xxxxxxx.
3. Horseplay is NOT allowed anytime or anywhere on plant site.
4. Employees MUST NOT work in the plant alone.
5. Reporting to work under the influence or the consumption of intoxicating
liquor or drugs on the job is cause for immediate dismissal. (See
COMPANY working rules, Section II, No.6)
6. Avoid heavy lifting. Get help if needed. USE mechanical lifting devices.
7. Use correct lifting positions to avoid back strain.
8. Safety glasses with side xxxxxxx or goggles MUST ALWAYS be worn in shop
areas. Prescription safety glasses can be obtained from the purchasing
department when the prescription is furnished by the employees up to one
pair a year and $35.00 a pair.
9. Use appropriate eye protective gear when grinding or polishing.
10. Use dust mask when grinding in enclosed area.
11. Steel-toed safety shoes MUST be worn by all shop employees. The COMPANY
reimburses two-thirds or a maximum of $30.00 for safety shoes.
12. Observe good housekeeping. Keep your working area clean and orderly.
13. Stack materials safely. Avoid lopsided or leaning stacks.
14. Keep aisles clear and clean.
15. Only qualified and approved personnel are allowed to operate machinery
and equipment.
16. Before starting any machinery, assure that all personnel are properly
positioned so as to avoid any potential injury. BE SURE when overhauling
or repairing any equipment that a warning tag is installed on main
lockout switch. This will prevent accidental closing of the switch.
NEVER remove danger tags from a main lockout until ALL work has been
completed.
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17. Close all valves on oxygen, acetylene, argon, COU2 Dor, any other
pressure gas tanks after each use or at end of each shift.
18. Place all waste material in receptacles provided for that purpose.
19. Secure all ladders.
20. All protruding nails must either be removed or bent over.
21. Forklifts are to be operated by authorized personnel ONLY. More than one
person on a forklift is prohibited.
22. Maximum speed for forklifts outside the building is 5 MPH; inside the
building is 3 M.P.H.
23. When driving forklifts or other vehicles in the buildings, always yield
right of way to pedestrians.
24. Wear hearing protection devices in all designated areas. Excessive
noise is a health hazard to you and those around you.
The above SAFETY RULES are for YOUR protection and for the safety of
YOUR fellow workers. PLEASE COOPERATE! Ask your fellow employees to do likewise.
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APPENDIX H
(SUBSTANCE ABUSE POLICY
It is understood and agreed between Bepex Corporation, Santa Rosa, California
(hereafter "COMPANY") and Redwood Lode No. 1178, District 115 of the
international Association of Machinists and Aerospace Workers, AFL-CIO
(hereafter, "UNION") that: this understanding and agreement in no ways alters or
supersedes any provisions of the current AGREEMENT or the one to be effective
between the COMPANY and the UNION effective May 1, 1989 through April 30, 1992,
except as provided in such agreement. This Memorandum of Agreement shall be one
part of the Agreement between the COMPANY and the UNION effective May 1, 1991
through April 30, 1992.
Section 1. Addiction Recovery Program (ARP)
A. BEPEX and the UNION are committed to providing a safe and productive
work environment for Employees. BEPEX and the UNION recognize the
valuable resource we have in our Employees and recognize that the state
of an Employee's health affects attitude, effort, and job performance.
Substance abuse causes decreased efficiency and greatly increased risk
of injury to Employees. BEPEX and the UNION therefore adopt this policy
on behalf of each of its' Employees. The intent of the policy is
threefold:
1. To maintain a safe, drug and alcohol free work place.
2. To maintain our work force at its maximum effectiveness.
3. To provide confidential, Addiction Recovery Program (ARP)
referral and treatment to those Employees who recognize they
have a substance abuse problem and voluntarily seek treatment
for it.
B. In order to achieve these purposes, it is our primary goal to identify
those Employees and refer them to professional counsel, before job
performance has become a disciplinary problem. Employees are urged to
use the services available through the Addiction Recovery Program
(ARP). Employees who voluntarily seek help through the ARP will not
jeopardize their job security by such self-identification.
1. Employees who have a substance abuse problem shall directly
contact the ARP Program. All information will be kept
confidential and the individual referred to professional
counselors and advised how to utilize your Addiction Recovery
Program for appropriate treatment.
2. Treatment for alcoholism or drug dependency is provided under
applicable Health and Welfare plans, up to the limits
described in the plans.
3. An Employee shall be granted necessary leave of absence for
treatment of drug/alcohol problems contingent upon signing a
"Referral Agreement" requiring completion of an approved
treatment program.
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SECTION 2. WORK RULES
A. All Employees must report to work in a physical condition that will
enable them to perform their jobs in a safe and efficient manner.
Employees shall not:
1. Use, possess, dispense or receive alcohol, intoxicants or
controlled substances (drugs) on or at the job site.
2. Report to work with any measurable amount of a controlled
substance, intoxicant or illegal drug in their system.
B. Medication prescribed by a physician is an exception when the physician
prescribing medication has released the Employee to work while taking
the prescribed medication. However, abuse of prescribed drugs is a
violation of this policy.
C. Employees who violate the above work rules shall be subject to
appropriate discipline up to and including discharge. It is the intent
to encourage and assist Employees in treatment and rehabilitation
through the Addiction Recovery Program, as is outlined in this policy.
Section 3. Testing
A. Substance abuse is a disease which is treatable and the object of this
policy is rehabilitation and not termination although termination may
at times be necessary as otherwise provided in this policy.
B. An Employee whose work performance and/or behavioral conduct indicates
that he/she is not in a physical condition that would permit the
Employee to perform a job safely and efficiently will be subject to
submitting to a urine, blood or breathalyzer test to determine the
presence of alcohol or drugs in the body. Provided:
1. BEPEX has reasonable grounds to believe that the Employee is
under the influence of or impaired by alcohol or drugs.
Reasonable grounds include abnormal coordination, appearance,
behavior, speech or odor. It can also include work performance,
safety and attendance problems.
2. The supervisor's reasonable grounds must be confirmed by another
management representative in conjunction with a representative of
the Union, which may be the Business Representative or Shop
Xxxxxxx if immediately available.
3. The Employee will be provided with an opportunity to explain
his/her conduct at the time of confirmation to the
Representatives, including the Union Representative, set forth in
2, above.
C. Employees who are directly or indirectly involved in an accident
involving property damage or injury which requires medical care are
subject to submitting to a blood, urine or breatholyzer test, if
reasonable cause exists. The innocent victims of an accident will not
be subject to a test unless reasonable cause exists.
D. Employees required to take a test will be placed on an unpaid leave of
absence pending receipt of the test results.
1. If test results are negative, absent time will be paid by the
COMPANY.
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E. Failure to submit to a test as required above will be grounds for
termination. Employees who feel that they have a legitimate grievance
must still submit to the test and then file a grievance in accordance
with Article XVI Section 2 Grievance Procedure of this Agreement. If
the Employee voluntarily consents to obtaining assistance through the
Addiction Recovery Program and immediately enters into a written
Referral Agreement the test may be waived upon agreement by the
COMPANY.
F. The COMPANY shall select reputable facilities for base testing and
confirmatory testing at the COMPANY'S expense. The facility for
confirmatory testing must meet all standards required by law and/or set
by State or Federal Health Agencies for laboratory performance and they
must employ certified Medical Toxicologists and technicians. The UNION
will be provided with the testing facilities' names, addresses and
credentials if requested. The UNION retains the right to demand a
change in the test procedure, or test facility based on reliable
information which disproves the accuracy or quality of either. The
UNION also retains the right to request a change in test procedure or
test facility when a reasonable and superior alternative to either is
available.
G. The UNION will have the opportunity to review the testing procedure.
H. All samples which test positive will be confirmed using a gas
chromatography/mass spectrometry test or a superior or equally reliable
test if same becomes reasonably available.
I. None of the testing procedures are intended to be in violation of the
law, and if they are, they shall be eliminated without voiding
other parts of this policy.
Section 4. Referral Agreement
A. It is the intent of the COMPANY and the UNION, to prevent and correct
problems associated with drug and alcohol through the ARP in order to
avoid situations which could occur which may result in disciplinary
action. Therefore, an Employee who voluntarily enters the ARP or has a
positive result on a test may have disciplinary action withheld pending
satisfactory completion of the Referral Agreement requirements.
B. The terms of the disciplinary action will be set forth in a written
Referral Agreement entered into between the Employee, the UNION, ARP
and the COMPANY. When reviewing the written agreement, the disciplinary
action will be abated for an Employee who satisfactorily completes the
treatment program prescribed by the ARP counselor and who meets the
terms and conditions of the written Referral Agreement.
C. An Employee who fails to cooperate, abandons or does not complete the
treatment program prescribed by ARP counseling or who fails to live up
to the terms and conditions of the Referral Agreement will receive the
previously withheld discipline. However, before the disciplinary action
is imposed, the COMPANY and the UNION will attempt to counsel the
Employee into completing the treatment program.
D. Whether an Employee volunteers to participate in the ARP or is required
to participate as a condition of continued employment, that Employee
shall continue to be subject to the same rules, working conditions
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and disciplinary procedures in effect for other Employees, i.e.,
Employees cannot escape discipline for future infractions by being
enrolled in the ARP.
E. In order to ensure confidentiality in the ARP program, the COMPANY
shall designate a Management Employee as the Employee Assistance
Representative for the COMPANY. This individual shall be the sole
representative of the COMPANY in possession of the Employee ARP
information.
F. Whenever Owner or Awarding Agency specifications require the COMPANY to
provide a drug-free work place, such additional requirements may be
incorporated herein upon mutual agreement of the UNION and the COMPANY.
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