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EXHIBIT 10.28
AGREEMENT
between
MEDUSA CEMENT COMPANY
(Division of Medusa Corporation)
and
Cement, Lime, Gypsum
and Allied Workers Division,
International Brotherhood of Boilermakers,
Iron Ship Builders, Blacksmiths,
Forgers, and Helpers,
AFL-CIO
LOCAL LODGE NO. D-79
DEMOPOLIS PLANT
1996- 2000
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AGREEMENT
Preamble
This AGREEMENT, covering WAGES, HOURS OF WORK, and WORKING CONDITIONS,
is made and entered into by and between the management of MEDUSA CEMENT COMPANY
(Division of Medusa Corporation), hereinafter called the Company or the
Management and employees of the Company's cement plant located in Demopolis,
Alabama who are members of the CEMENT, LIME, GYPSUM AND ALLIED WORKERS
DIVISION, INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS,
BLACKSMITHS, FORGERS AND HELPERS, Local Lodge No D-79, affiliated with the
American Federation of Labor and Congress of Industrial Organizations, to be
referred hereinafter as the Union. WITNESS
WHEREAS, the parties hereto desire to cooperate in establishing just
and equitable terms and conditions of employment, and to provide methods for
fair and peaceful adjustment of differences that may arise between them.
NOW THEREFORE, THE PARTIES HERETO HAVE AGREED THAT employment by the
Company shall be under the following terms and conditions of employment.
ARTICLE I
RECOGNITION
Section 1. The Company recognizes the Union as the sole collective
bargaining agency for the employees of the Demopolis Plant. The Company
recognizes and will not interfere with the right of its employees to become
members of a Union. There shall be no discrimination, interference, restraint,
or coercion by the Company or any of its agents against any member because of
membership in the Union. The Union agrees not to solicit membership on Company
time, plant or property, except within the confines of the service room and
during rest hours.
Section 2. It is mutually agreed that the term "employee" shall not
include Foremen or Supervisors in charge of any class of labor, Timekeepers,
Clerks, and other Office employees or any technical employees in the plant or
laboratory who are employed on a salary basis.
Section 3.
(a) Except to the extent expressly abridged by an express and specific
provision of this Agreement, the Company reserves and retains all of its Common
Law or other rights to manage its business as such rights existed prior to the
execution or this or any other previous Agreement with the Union.
The rights of management which are not abridged by this Agreement
shall include but are not limited to:
- the right to determine the price of its product and methods
of financing;
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- to determine the volume of production, methods of operations
and to drop or to add a product;
- to determine and, from time to time, to redetermine the
number, location, relocation and types of its operations, and
the methods, processes, and materials to be employed, to
discontinue processes in whole or in part, to discontinue
operations in whole or in part, or to discontinue their
performance by employees of the Company.
- to determine the number of hours per day or per week that
operations shall be carried on.
- to select and determine the number and types of employees
required.
- to assign work to such employees in accordance with the
requirements determined by management.
- to establish and change work schedules, work shifts and
assignments.
- to transfer, to promote, or to lay off, terminate or
otherwise relieve employees from duty for lack of work or for
any other legitimate reason.
- to make and enforce rules for the maintenance of discipline
and safety.
- to suspend, discharge, or otherwise discipline employees for
just cause.
- to determine the source and purchase of raw materials,
semi-finished and finished goods.
- to contract out, subcontract or exchange work in accordance
with the provisions of Article XX, Section 1.
The listing of specific rights in this Agreement is not intended to
be, nor shall it be, restrictive of, or a waiver of, any of the rights of
management not listed and specifically surrendered herein, whether or not such
rights have been exercised by the Company in the past.
(b) This Agreement constitutes the sole and entire existing Agreement
between the parties hereto, supersedes all prior agreements, oral or written,
between the Company and the Union and expresses all obligations of, and
restrictions imposed on the Company during its term.
Notwithstanding any privileges or benefits currently being received by
employees, no privileges or benefits in excess of those specifically set forth
in this Agreement are required to be continued or to be granted to employees.
However, the Company may voluntarily extend or continue such privileges or
benefits at its sole discretion as it deems proper.
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(c) This Agreement can be altered or amended only by a written Agreement
between the parties hereto.
(d) If any part of this Agreement is rendered or declared invalid by
reason of any existing or subsequently enacted legislation, government
regulation or order, or decree of court, the invalidation of such part of this
Agreement shall not render invalid the remaining parts hereof.
Section 4. A leave of absence may be granted to an employee who is a
delegate or official of the Union to attend a Union convention or other similar
Union meetings. A maximum of two (2) employees from the plant may be granted
such leave for up to thirty (30) days without pay and loss of seniority. The
leave may be extended for an additional thirty (30) day period upon proper
written request from the Union.
Section 5. In case an employee enters the Military Service in the
Armed Forces of the United States, his re-employment shall be in conformity
with the provisions of the Selective Service Law.
Section 6. The parties hereto agree that the provisions of the
Agreement shall be applied to all employees without regard to race, religious
creed, or national origin, handicap, disabled veteran or Vietnam era veteran
status.
Section 7. The masculine pronoun wherever used herein shall include
the feminine pronoun unless a different meaning is plainly required by the
context.
ARTICLE II
MEETINGS
Section 1. Subject to the provisions of the Agreement, the Company is,
at all times, willing to meet any of its employees or their chosen
representatives, not connected with competing companies. in order to
intelligently discuss any matters arising out of this agreement and for the
purpose of discussing wages, hours, and working conditions with the object of
reaching a satisfactory agreement.
ARTICLE III
REPRESENTATION
Section 1. For the purpose of representation within the plant, the
Union shall be entitled to a reasonable and adequate number of Committeemen 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. The Union shall be entitled to have
a maximum of three (3) Committeemen.
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ARTICLE IV
BULLETIN BOARDS
Section 1. The Company agrees to allow the proper officers of the
Union to use designated bulletin boards of the plant for posting notices in the
interest of the Company and the Union, such notices to bear the seal of the
Union and the signature of its proper officials.
ARTICLE V
SENIORITY RIGHTS
Section 1. The Management and the Union recognize the principle of
seniority based upon the length of continuous service in the plant. Seniority
records shall be posted on the Bulletin Board by the Management. The Company
will furnish to the Local Lodge annually on the first day of June, a complete
seniority list which will include hiring date, birth date, and complete
address.
Section 2. An employee shall be considered in a probationary status
until he has been continuously employed for a period of one-hundred (100) days
of work. No probationary employee shall be subject to any of the terms and
provisions of this Agreement, and the Company shall have the right to discharge
or layoff a probationary employee during the probationary period, and such
employee shall not have recourse to the grievance procedure of this Agreement.
At the completion of the probationary period, the employee will have seniority
and such seniority shall be effective as of the employees most recent date of
hire.
Section 3. Seniority is defined as an employee's length of service
starting with his date of hire or most recent date of rehire when he has
experienced a loss of seniority as defined herein. Seniority shall be lost and
an employee shall be considered as having terminated his employment with the
Company if:
(a) the employee quits for any reason.
(b) the employee is discharged and not reinstated through the
grievance - arbitration process.
(c) the employee does not return to work within seven (7) days
after receiving notice of recall either by Certified Mail or
telephone.
(d) the employee is absent for three (3) consecutive working days
without notifying the Company and providing a satisfactory
reason for such absence.
(e) the employee fails to return to work within three (3) days
after the termination of any leave of absence. 5
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(f) the employee is on layoff or disability leave for a period of
three (3) years or 50% of his seniority attained at the start
of such layoff or leave, whichever is less.
(g) the employee is retired under the terms of the parties'
Pension Plan, subject to the provisions of Section 5 (c) of
the Pension Plan, pertaining to disability pensions.
(h) the employee accepts Termination Benefits.
ARTICLE VI
REDUCTION OR INCREASE IN FORCE
Section 1. When it becomes necessary to reduce the working force,
selection of those retained shall be based on:
(a) Requirements of the job.
(b) Experience, individual skill, efficient service, and physical
fitness.
(c) Seniority.
Where qualifications (a) and (b) are relatively equal, in the opinion
of Management, seniority shall govern; however, if the senior employee is not
retained or recalled, the Union Committee shall have the privilege of
presenting its views to the Plant Manager on the qualifications of the
employees to be retained or recalled, for his consideration in making his
decision.
Section 2. Whenever a layoff is planned because of a change or
reduction in plant production requirements of the Company will, not less than
seven (7) calendar days prior to the effective date of the layoff, post a
bulletin stating the expected extent of such layoff, and the expected effect on
the work force. In the event the required notice is not given in accordance
with the above, the Company will pay the laid off employee(s) the scheduled
time lost at the applicable straight-time shift rate. The seven (7) calendar
day period shall commence on the completion of the third shift following the
day in which the notice was posted. The foregoing does not apply to
disciplinary layoffs and layoffs because of curtailment made necessary by
disaster or emergency conditions affecting the ability of the Company to
physically operate the plant.
Section 3. When it becomes necessary to increase the working force,
those laid off shall again be recalled in accordance with the procedure set out
in Section 1 hereof.
Section 4.
(a) Whenever the installation of mechanical equipment, change in
production methods, the installation of new or larger equipment, the combining
of jobs, or the elimination of jobs, will have an effect on the job status of
one or more employees, the Company will give the Union reasonable advance
notice of same, and upon request by the Union, will promptly meet with the
Union to review and explore the effects of such installation or installations
or change or changes upon the working force.
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(b) Employees will not be terminated by the Company as the result of
mechanization, automation, change in production methods, the installation of
new or larger equipment, the combining of jobs or the elimination of jobs.
(c) When an employee is no longer needed on his regular job as a
result of conditions described in paragraph (a) above, the Company may
permanently assign such employee to either an available job opening in the
bargaining unit, irrespective of whether or not such job opening is available
for bidding or to a job on which the incumbent has less plant-wide seniority.
Such placement will be to a job in which the employee is reasonably able to
perform within a thirty (30) day on-the-job training period. The rate of pay
for such employee shall not be less than ninety-five percent (95%) of the job
from which the employee was displaced irrespective of the rate of the job in
which he is placed. The 95% rate protection shall apply for a minimum period of
one (1) year, or a period equal to 1/3 of the employee's seniority up to a
maximum of five (5) years. If an employee on 95% rate protection subsequently
bids off the job in which he was placed by the Company during the foregoing
rate protection period, he shall lose his protected rate.
(d) The provisions of paragraph (c) of this Article do not apply to
displacement or layoffs resulting from production curtailments, except that
employees laid off and not recalled when production is resumed following
curtailment will be entitled to the same rights as employees affected by the
preceding paragraph (c).
(e) Should the Company permanently shut down the present facilities
affording employment to the employees comprising the bargaining unit (the
present facilities shall be deemed to have been permanently shut down if all
productive facilities are abandoned even though the shipping facilities
continue to operate) the Company shall mail a notice informing each affected
employee that his employment with the Company has been terminated because of
the permanent shutdown. The notice shall be mailed at least ninety (90) days
prior to the shutdown to the employee's last address on the company's records.
Each employee who is mailed said notice shall have the following options:
(1) An employee who is not eligible for a normal (excluding 30-year
retirement pension) or late retirement pension may elect to transfer to another
operation of the Company covered by a collective bargaining agreement with the
Union in accordance with Paragraph (f) or Paragraph (g). Any transfer pursuant
to Paragraph (f) or Paragraph (g) will occur not later than three years after
the last day the employee worked. An employee awaiting transfer shall be placed
on layoff and shall receive SUB layoff or reduced layoff benefits provided the
eligibility and other requirements of the SUB Plan are met.* An employee may
void his election to transfer at any time during the three-year period. If the
employee is eligible for an immediate pension at the time he voids his election
to transfer, he shall retire, effective the date he voids his election, under
the Pension Plan in effect at the time of the permanent shutdown. An employee
may also void his election in order to apply for SUB termination benefits.*
(2) An employee who is eligible for an immediate pension at the
date of the permanent shutdown shall retire as of the effective
date of the permanent shutdown, except:
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a. An employee whose combined age and years of service equal
62 or more but less than 65 may elect layoff until his
combined age and years of service equal 65 at which time
the employee shall retire and receive a permanent
shutdown pension. The Pension Plan in effect at the time
of the permanent shutdown shall determine the retirement
benefits payable to the employee. An employee who elects
layoff under these conditions shall receive SUB layoff or
reduced layoff benefits provided the eligibility and
other requirements of the SUB Plan are met.*
b. An employee who is eligible for an immediate pension
other than a normal or late retirement pension and who
elects to transfer to another operation of the Company
shall not retire unless the transfer is not accomplished.
c. An employee shall not be required to retire under a
disability retirement pension earlier than he would
otherwise be required to retire if the Company had not
permanently shut down the facilities.
d. An employee who retires under the Pension Plan may also
be entitled to receive SUB Termination Benefits in
accordance with the terms of the SUB Plan.*
(3) The employee may elect SUB Termination Benefits in accordance
with the terms of the SUB Plan at any time within one year
after notice of termination has been mailed to him.
An employee other than an employee who is eligible for an
immediate pension may elect layoff prior to submitting his
application for SUB Termination Benefits and shall receive SUB
layoff or reduced layoff benefits provided the eligibility and
other requirements of the SUB Plan are met.*
(4) If the facilities which have been permanently shutdown are
reopened by the Company within three years of the date of the
permanent shutdown, an employee who has retired under the
Pension Plan shall be eligible for recall in accordance with
his seniority status at the time of the permanent shutdown. An
employee who has elected SUB Termination benefits shall also be
eligible for recall in accordance with his seniority status at
the time of the permanent shutdown. Any pensioner who has
received SUB Termination Benefits* and accepts recall and any
former employee who has received SUB Termination Benefits* and
accepts recall shall repay said Termination Benefits to the SUB
Trust Fund or the Company, whichever was the source of the
Termination Benefits, in accordance with the SUB Plan
Agreement.* Any employee who accepts recall shall have his
previously accumulated seniority rights, pension, SUB,
insurance and vacation credits as of the last day the employee
worked or at the date of the permanent shutdown, whichever
occurs later, reinstated on the date he returns to work.
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(5) An employee who is not eligible for an immediate pension may
elect layoff and shall receive SUB layoff or reduced layoff
benefits provided the eligibility and other requirements of the
SUB Plan are met.* The employment rights of any employee on
layoff shall terminate three years after the last day the
employee worked and the employee's seniority shall be broken.
(6) An employee's participation in the group insurance program
shall terminate effective the day following the last day the
employee worked and pending claims shall be processed in
accordance with the terms of the existing group insurance
program. No employee shall be eligible for holiday pay or
vacation pay other than vacation pay due after the last day the
employee worked or the date of the permanent shutdown,
whichever occurs later. No employee shall accumulate credited
service under the Pension Plan after the last day the employee
worked or the date of the permanent shutdown, whichever occurs
later.
*The Supplemental Unemployment Benefit (SUB) Plan was terminated
effective July 1. 1990. The funds currently in the Trust Fund of this
plan will be used to pay Layoff Benefits, Workmen's Compensation
Supplemental Benefits and/or Termination Benefits until such funds are
exhausted. At that time, Layoff Benefits will be provided by Article
XX, Section 1 (d) and Termination Benefits provided by Article XVII,
Section 1 of this Agreement.
(f) In the event the Company constructs a new plant that will affect
the employment status of employees in the Company's plant or plants comprising
this bargaining unit, such employees shall be given an opportunity to make
application for employment in the new plant before it starts operation, and
such employees shall be given preferential employment rights for the highest
rated job the employee is capable of performing. Such an employee shall
transfer with him all of his previously accumulated pension, SUB, insurance and
vacation credits. His seniority rights at the former plant shall terminate upon
his establishment of seniority rights in the new plant.
(g) When an employee has been laid off or displaced because of
permanent changes in the working force or because of a plant closing, he may
make written application within fifteen (15) days of layoff or displacement for
employment in another plant of the Company and he shall be given preferential
employment rights of job openings at such other plant, providing such employee
is capable of performing the job that may be available at such other plant of
the Company.
Any employee so transferring from one plant to another of the Company
shall retain his previously accumulated pension,SUB, insurance and vacation
credits. His seniority rights at the former plant shall terminate upon his
establishment of seniority rights in the plant to which he transferred.
(h) Employees transferring from one plant to another as provided in
this Article will receive a moving expense allowance. The Company will
reimburse each employee for actual moving expenses incurred to move furniture
and other household goods up to a maximum of $1,500 per employee.
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ARTICLE VII
PROMOTION
Section 1. It is understood that all vacancies will be filled
immediately by the Management in accordance with the most practical arrangement
at the time of occurrence until applicants have been considered in accordance
with this Agreement.
Section 2.
(a) All new jobs and job vacancies offering permanent promotion,
paying more per hour than the plant base rate, shall be posted promptly and
remain posted for five (5) days to allow any employee to make application in
writing for such jobs. The applications shall be considered in the order of the
seniority of the applicants. If the senior applicant is not selected, the
Company, in consultation with the Union Committee, shall give consideration to
the applications and choose an applicant on the basis of seniority, ability,
experience, and qualifications to fill the requirements of the job. If no
applications are received with necessary qualifications, Management reserves
the right to hire a qualified person.
(b) An employee awarded a job in conjunction with the job bidding
procedures shall be placed on the new job consistent with reasonable
replacement criteria. After being placed on the new job, the employee will be
given a period not to exceed thirty (30) working days within which to qualify
for the job. During the qualifying period, he will receive no less than the
rate of pay for the job he held permanently immediately prior to such
qualifying period. At the conclusion of the qualifying period, and if the
employee is found to be qualified by the Company, the employee will be paid the
rate of pay for the new job. If the employee fails to qualify within the thirty
(30) working day qualifying period, he shall be returned to his former job
without prejudice.
(c) Subject to the foregoing, when transfers into a Classification
result in the classification operating 50% of the time (during a normal 8 hour
work shift) in any seventy-five (75) day period, the classification will be
posted.
Section 3. The Company will furnish the Local Lodge with a copy of the
notice of job vacancy at the time it is posted and copies of the applications
received for such job after the job is awarded to the successful applicant.
Section 4. It is agreed that experience gained through temporary
upgrading will not be used in filling permanent vacancies except that
experience gained through temporary upgrading may be used in qualifying the
most senior bidder in filling permanent vacancies.
Section 5. An employee who has successfully bid on, been awarded a new
job, and has completed his probationary period in the new job shall not be
eligible to bid on another new job for a period of six (6) months from the date
that he was awarded the job. In no event shall an employee be awarded more than
two (2) jobs in any calendar year. No temporary or probationary employee shall
be eligible to bid on any job vacancy. Downward bidding will be permitted one
time every twelve months when a vacancy exists. A person cannot bid on any
other job for one year after bidding down.
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ARTICLE VIII
WORKING CONDITIONS AND HOURS
Section 1.
(a) For the purpose of this Agreement, it is understood that the "Work
Week" constitutes seven (7) consecutive days, beginning each Monday and that
the "Work Day" shall commence with the beginning of the morning shift. The
regular hours of labor shall consist of eight (8) hours within a consecutive
nine (9) hour period in one day and forty (40) hours in one week.
(b) Work schedules for each work week will be posted on Thursday of
the previous week prior to the end of the first shift. If an employee's work
schedule is changed without at least seventy-two (72) hours notice prior to the
beginning of the new shift, the employee shall be compensated by multiplying
the regular straight-time hourly rate by one-half (0.5) for the first eight (8)
hours worked in the new schedule and the premium shall be paid in addition to
whatever compensation the employee is entitled to receive. Notice required for
shift change shall be twenty-four (24) hours when the kiln goes down (when the
fire goes out in the kiln) in the maintenance, electrical and service
departments. If the work schedule is otherwise changed after Thursday,
employees will be paid as provided in this agreement.
(c) It is agreed that all employees will be scheduled to work five (5)
consecutive days in a work week, insofar as practicable and consistent with
efficient operation.
Section 2.
(a) For the purpose of determining overtime, eight (8) hours shall
constitute a day's work, and forty (40) hours a week's work. Time and one-half
shall be paid for all overtime in excess of eight (8) hours in any one day or
for all overtime in excess of forty (40) hours in any one week, provided,
however, that hours paid for at the overtime rate on the daily basis will not
be included or duplicated in figuring the weekly hours on which overtime is
paid. Employees who are called upon to work in excess of their scheduled hours
in any one day shall not be laid off during their regular scheduled working
time to equalize this overtime.
(b) There will be no pyramiding or duplication of overtime or
premiums. Time worked by an employee shall be paid on one basis only. If two or
more premium rates or overtime rates apply to the same hours, the one rate
resulting in the highest pay to the employee shall be used.
Section 3.
(a) Work performed on Sundays shall be paid for at the following rates
times the employee's regular straight time hourly rate:
(1) When the first eight (8) hours are scheduled straight-time
hours:
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Under 8 hours Over 8 hours
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Time and one-half Double time
(exclusive of shift
differential)
(2) When the first eight (8) hours are overtime:
Under 8 hours Over 8 hours
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Double time Double time
Section 4. In the event an employee works more than sixteen (16) hours
in the work day, he shall be paid for all hours worked in excess of such
sixteen (16) hours at double his regular straight-time hourly rate.
After an employee has been engaged in work for sixteen (16)
consecutive hours, he shall be paid for all consecutive hours worked
immediately succeeding and in excess of such sixteen (16) hours at double his
regular straight-time hourly rate.
If an employee is being paid the rate of double time under the
foregoing paragraphs, his rate of pay shall not be reduced when his work
continues into or overlaps his regular shift. However, the Company may exercise
either of the following options:
(a) The Company may instruct the employee to continue to the end of
the shift at the double time rate, or,
(b) The Company may send the employee home at any time during the
shift, provided the remainder of the shift is paid for at straight time. Such
employee cannot be called back to work until he has been off duty for eight (8)
consecutive hours.
In no event shall the first two provisions of this section be applied
to the same hours of work. The provision which creates the highest earnings
shall be applied.
Section 5. When an employee is scheduled and reports for work and is
not permitted to start work, he shall receive four (4) hours pay at his regular
straight-time hourly rate. In the event an employee commences work on his
scheduled shift and work ceases during his shift for any reason and there is no
other available work for him, he shall be paid a minimum of eight (8) hours at
his regular straight-time hourly rate.
Section 6. An employee who has left the plant and who is called in by
the Company to work outside his regular schedule shall be paid at time and
one-half (1.5) for all hours worked. If the job for which he was called to
perform does not provide at least four (4) hours work, he may be assigned other
work, related to an emergency or production difficulty, for which he is
qualified. If no such assignment of work is made, he shall be paid a minimum of
four (4) hours. If such assignment is made and the employee refuses it, he
shall be paid only for the time actually worked.
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Section 7. When an employee is required to work in excess of his
scheduled hours in any one day, he shall be paid a minimum of one-half (.50)
hour at the applicable overtime rate; provided, however, that at least eight
(8) minutes of work is performed. For each additional one-half (.50) hour
segment during which at least eight (8) minutes of work is performed, the
employee shall be paid the applicable overtime rate for that segment. An
employee will be required to work the full one-half hour if requested. If an
employee declines to work the full one-half hour as requested, the employee
will be paid for time worked.
Section 8. Any employee required to work any part of his scheduled
lunch period by direction of a Xxxxxxx, shall receive time and one-half for the
scheduled 1/2 hour lunch period and be allowed necessary time later to eat his
lunch without loss of pay.
Section 9. Overtime shall be equally distributed among employees
within a classification in each department, insofar as it is practicable to do
so over the period of a calendar year. Overtime records will be posted in each
department and updated weekly.
Section 10. It is not the desire or intent of the Company to have
Company personnel excluded from the bargaining unit routinely perform
bargaining unit work. The Company and the Union recognize that in certain
situations it may be necessary for Company personnel to perform work regularly
assigned to bargaining unit employees in order to maintain and/or safeguard the
operation of the facility. The Company supervisory personnel will determine the
necessity for the performance of such work. The Company is willing to meet with
the Union at reasonable times to discuss the reasons for the performance of
such work, if requested.
*Such work shall include:
(a) Work involving corrective action which must be performed
expeditiously or the continuity of operation would be
impaired.
(b) Instruction or training of employees.
(c) Inspection or testing of equipment.
(d) Work of an emergency nature.
(e) Development work for new processes and/or procedures.
(f) Demonstration of equipment.
(g) Relief of regular employees for lunch or break periods.
Section 11. Any regular employee (as distinguished from a probationary
employee) required to perform jury duty on a day he is scheduled to work, shall
be excused from work on that day. The Company shall pay the employee the
difference between the amount received for such jury duty and eight hours at
his regular rate of pay plus shift differential if involved.
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The day or days paid for such jury service shall be counted as eight
(8) hours worked for the purpose of computing weekly overtime.
Section 12.
(a) Employees, upon the notification of the death of his or her
father, mother, spouse, son, daughter, brother, sister, stepfather, stepmother,
stepson, stepdaughter, half brother, half sister, mother-in-law, father-in-law,
brother-in-law, sister-in-law, grandparent, spouse's grandparent, and
grandchild, shall be granted his or her next three (3) scheduled working days
off with pay (four (4) days off with pay if the employee is required to travel
beyond a radius of 500 miles), which will be either the day of the funeral or
days immediately preceding or following the day of the funeral. Payment by the
Company for such time lost shall be on the basis of eight (8) hours per day at
the employee's regular straight-time hourly rate, including shift differential.
(b) The above clause shall not apply to employees on a layoff except
that when an employee is notified to return to work effective on or before the
date of the funeral, he shall be granted full funeral leave with pay.
(c) As used herein, brother-in-law is defined to mean:
(1) the brother of one's husband or wife,
(2) the husband of one's sister,
(3) the husband of the sister of one's spouse.
The sister-in-law is defined to mean:
(1) the sister of one's husband or wife,
(2) the wife of one's brother,
(3) the wife of the brother of one's spouse.
Section 13. Every reasonable effort will be made by the Employer to
avoid requesting any employee to work overtime and employees will not be
penalized for refusing to work overtime if a reasonable excuse is given to the
supervisor. Whenever an employee is on layoff due to lack of work or because of
curtailment of operations, no overtime work will be scheduled on any work which
the laid-off employee is capable of doing and is able to perform, except in
cases of emergency callouts for emergency repair or unscheduled absences of
other employees. The foregoing to the contrary notwithstanding, a laid-off
employee will not be called back to work unless there is at least thirty-two
(32) hours' work within the payroll week for such employee.
Section 14.
(a) Active employees with one year seniority and who are in the
Reserve of any branch of the military service, including the National Guard,
who are required to attend a summer encampment as part of their Reserve
obligation shall receive from the Company the difference between the amount of
pay received for such summer encampment and his regular straight-time hourly
rate of pay for up to a maximum of two (2) weeks per calendar year.
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(b) If a National Guard or Reserve member is required to attend a
National Guard or Reserve Meeting on one of his regular scheduled work shifts,
the Company will try to reschedule the employee as long as the employee gives
the Company sufficient notice (before the next schedule is posted) and there is
no penalty to the Company.
Section 15.
(a) Any employee who becomes incapacitated and, on the basis of
competent medical opinion, cannot perform the duties of his regular job, may
exercise his plant seniority through the bumping procedure to move to another
position within the bargaining unit at the plant for which he could qualify
within a reasonable period of time, but not to exceed ninety (90) days. This in
no way attests the bidding rights of the employee. (The 95% rate protection is
not applicable to bumping under this provision.)
(b) Any employee who is displaced by an incapacitated employee
pursuant to paragraph (a) of this Section may exercise his plant seniority to
bump into another position within the bargaining unit at the plant for which he
is qualified in the same manner as provided for in the job bidding procedures.
Section 16.
(a) When an employee works more than two (2) hours overtime,
consecutive and in addition to his regularly scheduled shift hours, and every
six (6) hours thereafter, the Company will provide a hot meal or payment in
lieu of the meal in the amount of $7.50.
(b) When an employee is called out and reports to work more than two
(2) hours prior to the start of his regularly scheduled shift and continues to
work into his scheduled shift or does not receive at least one (1) hour off
between the start of his regularly scheduled shift and the end of the call-out
work (two (2) hours minimum), the Company shall provide a hot meal or payment
in lieu of the meal in the amount of $7.50 and will provide an additional hot
meal, or payment in lieu of the meal, in the amount of $7.50 every six hours
thereafter.
(c) The above provisions shall not apply if the overtime or call-out
hours worked are scheduled or arranged four (4) or more hours prior to the
start of the employees regularly scheduled shift or if the hours are required
to fill the unscheduled absence of another employee. On non-scheduled days, a
meal will be provided after ten (10) hours of work and every six (6) hours
thereafter.
(d) There shall be no duplication of lunches or payments under (a) and
(b) above.
ARTICLE IX
CHANGE IN RATING
Section 1. An employee normally performs work in both higher and lower
rated jobs when required. When employees are assigned to temporarily perform
work a higher rated job, they
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will receive the higher rate of pay for hours worked in such higher rated jobs.
If an employee is temporarily assigned to such job for four (4) or more hours
in the workday, he will receive the higher rate of pay for the entire workday.
If he is scheduled on the weekly work schedule on a higher rated job in another
classification, he shall receive the higher rate of pay for the entire workday.
An employee's pay rate will not be reduced when the temporarily assigned to
work in a lower rated job. This provision shall not apply to employees
displaced during periods of temporary production curtailments.
Section 2. During periods of plant shutdown when employees are needed
for maintenance, repairs, or work on plant alterations, the rate paid to
employees who are retained for work during the first forty-five (45) days of
the shutdown shall not be less than the regular straight-time hourly rate
normally paid when the plant is on production. After forty-five (45) days, and
subject to paragraphs (a) and (b) of this Section, the regular straight-time
hourly rate paid for all classes of work shall govern for such employees whose
regular straight-time hourly rates are higher or lower.
A plant shutdown, as referred to herein, is defined as a period during
which none of the clinker burning units are in production.
During periods of plant shutdowns, employees retained to perform
necessary work shall be selected on the following basis:
(a) Senior employees, whose regular jobs are not required, shall have
the option of accepting available work for which they are qualified, or
accepting layoff, except that,
(b) The Company has the right to require that senior employees work
during the shutdown if there are no junior employees with the necessary
qualifications to perform the required work.
The foregoing in no way alters the procedure which has been followed
in handling of reductions brought about by production curtailment.
Section 3.
(a) In the event that an employee is required to clean and/or repair
roofs, scale a quarry face, or work inside a silo, the hours worked shall be
compensated for by multiplying the classified hourly wage rate by one-half
(0.5) for each and every hour worked, and this premium shall be paid in
addition to whatever compensation the employee is otherwise entitled to receive
under any other section of this Agreement. Employees will not be required to
work in coolers and/or other equipment until such equipment has been reasonably
cooled so as not to endanger the employee's safety.
(b) In the event an employee is required to work inside the raw mix
tanks (raw silos). coal tanks, sand tanks, chalk tanks, hard rock tanks, scale
house (truck loading) tanks, or when spudding out gypsum tanks, or when a
passenger is in the crane cage, or when working with an asbestos suit, the
hours worked shall be compensated for by multiplying the classified hourly wage
rate by one-half (0.5) for each and every hour worked, this premium shall be
paid in addition to whatever compensation the employee is otherwise entitled to
receive under any other section of this Agreement.
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(c) When unplugging a choked cyclone (including waste cyclone) from the cone
area (and meal valves), mixing box (if door is open) or going inside the
cyclones and duct work, pay as in 4 (a) (b) is applicable.
ARTICLE X
HOLIDAY PAY
Section 1. The following days will be considered holidays for the
purpose of this article:
New Year's Day
Xxxxxx Xxxxxx Xxxx'x Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
If any of the foregoing holidays fall on Sunday, the following Monday
shall be observed as the holiday. If the Monday involved is also a holiday, the
following Tuesday will be observed as the holiday.
For the purpose of this Section, a holiday is defined as a twenty-four
(24) hour period commencing with the beginning on the morning shift of the
holiday.
Section 2. Employees who do not work on the holidays specified herein
shall receive holiday pay computed as follows:
(a) Hourly employees shall receive eight (8) hours' pay at their
straight-time hourly wage rate, exclusive of shift differential.
Section 3. In order to qualify for holiday pay under Section 2, an
employee must meet all of the following conditions:
(a) The employee shall have one-hundred (100) or more days of work
with the Company immediately prior to the holiday.
(b) The employee shall have worked his last scheduled working day
prior to and his next scheduled working day after such holiday unless excused
therefrom by the Plant Manager on account of sickness, accident, death in the
family, or other excused absence. In no event shall a holiday be paid for
unless an employee has also worked during the thirty (30) day period
immediately preceding or immediately following the holiday except that the
thirty day limitation shall not apply if the employee was temporarily absent
from work because of sickness, accident, or layoff. In any event, the employee
must work at least one day in the calendar year in which the holiday is
granted.
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Section 4. If a holiday occurs during an employee's vacation period,
such employee will receive an additional eight (8) hours pay, provided he meets
the following conditions:
(a) The employee performs his scheduled hours of work on his last
scheduled workday preceding his vacation, and also on his first scheduled
workday following his vacation, except that absence from all or a part of his
scheduled hours on such days shall not disqualify an employee from receiving
holiday pay, if such absence is due to proven personal illness or other proven
unavoidable cause satisfactory to the Plant Manager.
Section 5.
(a) Employees reporting for work on holidays will be guaranteed eight
(8) hours pay at two and one-half (2 1/2) times the regular straight-time
hourly rate.
(b) Callout hours worked outside of an employee's regular holiday
scheduled shift and overtime hours worked on a holiday shall be compensated at
a rate of two (2) times an employee's regular straight-time hourly rate.
(c) Employees scheduled to work on a holiday but failing to report for
and perform such work shall not be entitled to any holiday pay.
Section 6. When a holiday falls on a day on which an employee would
otherwise have been scheduled to work, such time paid for but not worked - not
in excess of eight hours - shall be considered as hours worked for the purpose
of computing weekly overtime.
ARTICLE XI
WAGES
Section 1. The wage scales attached hereto (Appendix A) and made a
part hereof shall be effective for the periods indicated thereon, except in
case of new jobs and job changes made necessary by the installation of new and
different equipment, or changes made necessary in the process of manufacturing.
The Management, at its discretion, may voluntarily increase wages in any class
or to any individual or class without necessitating a change in the wage of any
other individual or class.
Section 2.
(a) In the event the permanent job content of any job classification
is substantially changed, or a new job created, the Company shall set a rate
for same and put it into effect, at the same time notifying the Union of its
action.
(b) The Union shall have the right to file a grievance on this rate,
provided they do so within thirty (30) days after notice was given by the
Company, on the question of whether the rate bears fair relationship to the
rates of other jobs in the plant based on comparable requirements of skill and
effort.
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(c) If, after full consideration and such conferences between the
parties as may be mutually agreed upon, the grievance is not settled, it may,
if application is made within fifteen (15) days after decision of the Company,
be submitted to arbitration in the manner set forth in Article XV, Section 3 of
this Agreement.
Section 3.
(a) No shift differential will be paid to an employee who works on the
first shift and continues to work into the second or third shift unless he
takes the place of an employee regularly assigned to work these shifts, or he
is assigned to a new shift job.
(b) Employees regularly scheduled to work on the second shift shall be
paid in addition to their regular straight-time hourly job rate, $.043 per hour
for all hours worked during their regular schedule.
(c) Employees regularly scheduled to work on the third shift shall be
paid in addition to their regular straight-time hourly job rate, $0.65 per hour
for all hours worked during their regular schedule.
(d) Shift differentials shall be included as part of the employees
"regular straight-time hourly job rate" in the calculation of daily or weekly
overtime.
ARTICLE XII
FIRST AID AND MEDICAL SERVICE
Section 1. The Company agrees to continue furnishing First Aid and
Medical Service to its employees, according to the employee's compensation laws
of the State of Alabama. It is agreed that a complete medical examination be
required before an applicant is employed, also that complete medical
examination of any employee may be made at any time at the discretion of the
Company. Copies of reports of such examinations shall be kept on file by the
Company and shall at all times be available for reference or use by the
physician of the employee examined.
Section 2. If the Company requires an employee to take a physical
examination, the Company agrees to pay for the physical examination and also
agrees to pay the employee at his straight-time hourly rate for all time spent
in the doctor's office taking the physical examination; provided, however,
employees receiving A&S and/or Workmen's Compensation benefits are not entitled
to any compensation under this Section. (Doctor releases for returning to work
are not considered physical examinations and will not be paid under this
Section.)
ARTICLE XIII
SAFETY AND WELFARE
Section 1. The Company, for many years in the past having pursued the
policy of installing safety devices for the protection of the lives and health
of its employees, agrees to make
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no changes in such policy and to continue plant improvements in this respect as
may be mutually agreed upon from time to time by its representatives and Plant
Safety Committee. The Company also agrees to continue maintaining the wash
house with heat, light and plenty of hot water, and keep the toilets and other
fixtures and floors in sanitary condition.
Section 2. It is mutually agreed that the efforts of both the Company
and its employees will be directed to maintain all equipment and tools in a
safe and efficient working order.
Section 3. The wearing of safety shoes is a mandatory condition of
employment and the Company will provide such safety shoes without cost to
regular employees on the following basis:
Safety shoe catalogs will be available in the Storeroom detailing the
selections available to the employees and all safety shoes will be ordered
through these catalogs at the Plant.
Each January during the term of this Agreement, all regular employees
(as distinguished from probationary and/or temporary summer employees) will be
provided two (2) pairs of safety shoes.
Section 4.
(a) The wearing of safety glasses is a mandatory condition of
employment and the Company will provide safety glasses to each employee. Those
employees requiring prescription glasses must obtain the necessary prescription
and present such prescription to the Storekeeper where orders for glasses will
be placed with optional firm selected by the Company. A standard type of safety
glasses and frames will be provided.
(b) The Company will replace all broken or damaged glasses returned to
the storeroom. The employee will be allowed four (4) pairs if no exchange, but
with a reasonable excuse. An amount equal to the Company's cost will be paid by
the employee for pairs in excess of four (4) unexchanged pairs.
Section 5. A Joint Safety and Health Committee shall be established
consisting of four (4) members, two (2) appointed by the Local Lodge. In the
event that a member is absent from a meeting of the Committee, his alternate
may attend and when in attendance shall exercise the duties of the member. The
Safety Director or his designee will be the fifth member and act as Chairman of
the Committee.
The Joint Committee shall meet as often as necessary, but not less
than once each month, at a regularly scheduled time and place, for the purpose
of jointly considering inspecting, investigating, and reviewing health and
safety conditions and practices and investigating accidents, and for the
purpose of jointly and effectively making constructive recommendations with
respect thereto, including but not limited to the implementation of corrective
measures to eliminate unhealthy and unsafe conditions and practices, and to
improve existing help and safety conditions and practices, and to study and
recommend formal safety training programs to Management. All matters considered
and handled by the Committee shall be reduced to writing, and joint minutes of
all meetings of the Committee shall be made and maintained. One Union
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Representative to the Committee will accompany a Federal or State investigator
on a walk-around inspection or investigation if the inspector so requests, and
will attend any pre- or post-inspection conferences.
All time spent in connection with the work of the committee by a Union
Representative including walk-around and in pre- and post-inspection
conferences, time spent in relation to Federal and State inspections and
investigations as provided for above, shall be compensated at the employees
regular straight-time hourly wage rate. Any time spent during the hours the
employee is scheduled to work shall count toward the calculation of any penalty
or premium pay section of this Agreement including but not limited to daily or
weekly overtime. Any time spent outside of the hours the employee is scheduled
to work shall not count toward the calculations of any penalty or premium pay
section of this Agreement. No time spent outside of the hours the employee is
scheduled to work shall be compensated at a rate greater than one (1) times the
employee's straight-time hourly wage rate.
Any employee who believes his job presents a hazard to his safety or
health may request an immediate review of his job by the Joint Safety and
Health Committee. No employee shall be disciplined or discharged for refusing
to work on a job if his refusal is based on a bona fide claim that said job is
not safe or might unduly endanger his health or safety.
ARTICLE XIV
VACATIONS WITH PAY
Section 1.
Effective January 1, 1987, all employees covered by this Agreement
shall be granted vacation with pay in each calendar year provided they have
qualified under the following terms and conditions:
(a) For employees who have been in the continuous service of the
Company for one (1) year or more, the length of vacation shall
be two (2) weeks (10 days).
b) For employees who have been in the continuous service of the
Company for five (5) years or more, the length of vacation
shall be three (3) weeks (15 days).
(c) For employees who have been in the continuous service of the
Company for fifteen (15) years or more, the length of vacation
shall be four (4) weeks (20 days).
(d) For employees who have been in the continuous service of the
Company for twenty-five (25) years or more, the length of
vacation shall be five (5) weeks (25 days).
The foregoing to the contrary notwithstanding, no employee will be
granted less vacation in any calendar year than he was eligible for on December
31, 1986, under the provisions of Article XIV, Section 1 of the prior (expired)
Labor Agreement.
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Section 2.
(a) Employees whose vacation entitlement in any one year is three (3)
weeks or more may elect to receive vacation pay in lieu of time off in
accordance with paragraph (b) following.
(b) Such pay in lieu of time off must be taken in one (l) week
increments not to exceed the maximum according to the following schedule:
Entitlement Pay Maximum
----------- -----------
3 weeks 1 week
4 weeks 2 weeks
5 weeks 2 weeks
6 weeks 3 weeks
7 weeks 3 weeks
(c) Request for pay in lieu of time off must be submitted prior to
March 1 of the year during which the vacation is due.
(d) Vacation periods shall be in minimum units of one week (five
regular work days) duration.
Section 3. Vacation pay will be based on a forty (40) hour week at the
rate of the permanently assigned classification on which an employee is working
at the time he takes his vacation. If an employee has held a single higher
rated classification for more than six (6) months during the year preceding his
vacation, he will receive vacation pay computed at the higher rate. Vacation
pay shall include appropriate shift differential for those on fixed shifts.
Employees working on rotating shifts shall be paid an average of the rates for
the rotating shifts involved.
Section 4. Vacation shall be considered by both parties as a period of
recreation and all eligible employees shall receive the benefit of being absent
from work during such period as may be agreed upon, scheduled, and posted prior
to June 1st of each year. Vacations will, as far as possible, be granted at
times most desirable to employees. Seniority shall be given preference in the
selection of vacation periods but the final right of allotment of vacation
period is exclusively reserved to the Management in order to insure the orderly
operation of the plant.
Section 5. Vacations will not be cumulative, but so far as practicable
will be granted at times most desired by employees, but the final right of
allotment, including vacation assignment during periods of shutdown and
curtailment, is exclusively reserved to the Company in order to insure the
orderly operation of the plant.
Where requested vacation periods conflict, preference shall be given
to the employee who is senior in service.
Section 6. An employee with more than one (1) year of seniority shall,
with respect to earned vacation time subsequent to his last employment
anniversary date, be entitled to credit for such time upon termination for any
reason, prorated on the basis of one-twelfth (1/12) for each one
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hundred (100) compensated hours; but such probation shall not exceed his
maximum allowable annual vacation.
Section 7. In case of termination of an employee for any reason, the
Company shall pay him or, in the event of his death, to the beneficiary of Life
Insurance, any vacation due him.
Section 8. The Company will permit employees to use up to one (1) week
of this vacation on a day-to-day basis for prearranged personal business.
Prearrangement for use of vacation for personal business must provide the
Company with ample time to change work schedules without payment of the change
of schedule penalty.
ARTICLE XV
GRIEVANCE PROCEDURE
HANDLING OF COMPLAINTS
Section 1. The purpose of this Article is to provide an orderly method
for adjustments of differences which may arise between the Company and the
Union.
Section 2. Grievances shall be processed in the following manner:
(a) The employee and/or his Committeeman within a five (5) day period
shall first make an effort to arrive at a satisfactory agreement with the
employee's xxxxxxx. The xxxxxxx shall answer the grievance within two (2) days
(exclusive of Saturday, Sunday and Holidays). If the grievance is not
satisfactorily settled at Step (a), the grievant or Local Committee may process
the grievance to Step (b) provided, however, they do so within thirty (30) days
from the occurrence or the alleged grievance becomes known.
(b) Failing to arrive at a satisfactory settlement at Step (a), the
grievance may, within thirty (30) days after the occurrence, be reduced to
writing and submitted to the Plant Manager. Such grievance(s) will be discussed
at a meeting to be held monthly, or at any other mutually agreeable time, and
every effort will be made to settle the dispute. The Plant Manager or his
designee shall answer the grievances within five (5) working days of the second
step meeting.
(c) Any grievance(s) not resolved in accordance with Step (b) above
may be referred by the Union Committee to the Director, Employee Relations or
his designee and a Representative of the International Union. The
Representative of the International Union and the Director - Employee Relations
or his designee and the Union Plant Committee shall meet to discuss such
grievances within thirty (30) days after receipt of the written answer in
Section 2 (b). (The time limits may be extended by mutual agreement between the
parties.)
The Director - Employee Relations or his designee shall give his
answer(s) in writing within ten (10) working days after the third step meeting.
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Section 3. Any grievance which is not resolved in accordance with the
above procedure may be appealed to arbitration upon written notice of either
party to the other within fifteen (15) days exclusive of Saturday, Sunday or
Holidays after receipt of written answer in Section 2(c).
In the event the parties cannot agree upon an impartial arbitrator
within ten (10) days, the party desiring arbitration may request the Federal
Mediation and Conciliation Service to submit a list from which an arbitrator
shall be chosen.
The decision of the arbitrator shall be final and binding upon both
parties. It is understood, however, that the impartial arbitrator shall have no
authority to change, add to, or subtract from any of the provisions of this
Agreement.
(a) It is agreed that no more than four (4) cases will be presented at
one (1) series of hearings.
(b) It is agreed that any expense incurred in connection with
arbitration shall be paid in equal amounts by the Union and the Company.
Section 4. In the event an employee is discharged and desires to take
up the matter as a grievance, then this complaint shall be filed in writing
with the Plant Manager within three (3) days after discharge (excluding
Saturday, Sunday, and Holidays), and shall be promptly carried through the
applicable provisions for the handling of grievances, including arbitration, if
necessary. If no complaint is filed within three (3) days, then the Company
will be deemed to have been within its rights in such discharge.
Section 5. Nothing in the Agreement shall be construed as obligating
the parties to arbitrate any contract negotiations.
(a) Any grievance not processed within the time limits specified in
this Article shall be forfeited without precedent or prejudice with regard to
future cases.
Section 6. The Company agrees that so long as this Agreement is in
effect, there shall be no lockouts. The closing down of the facility or any
part thereof or curtailing any operations or routes for business reasons shall
not be construed to be a lockout.
The Union, its officers, agents, members, and the employees covered by
this Agreement, agree that so long as this Agreement is in effect, there shall
be no strikes, sit-downs, slow-downs, stoppages of work, boycotts, holidays
other than those provided by this Agreement, continuous meetings, concerted
mass sickness or any other acts or denial or services which would interfere
with the Company's operations and it is further agreed that the Union, its
officers, agents, members and the employees covered by this Agreement shall not
encourage, condone, or engage in any sympathy strike nor honor any picket line,
strike, sit-down, slow-down, work stoppage, boycott, labor holiday, continuous
meeting, concerted mass sickness or any other acts or conduct that interfere
with the Company's operations.
The Union, its officers, agents, members and employees agree that if
any acts, conduct or withholding of services prohibited by this Article occur
or are threatened, they shall take all
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reasonable and necessary steps to prevent and stop any and all such
interference by persons subject to this Agreement. Such reasonable and
necessary steps shall include, but not be limited to, immediately dispatching a
representative to the scene of the interference; removing or restraining all
local Union officers, stewards, and/or committeemen participating in activities
violating this Article, sending, within eight (8) hours, a telegram to each
employee, demanding, exhorting and requiring each employee to immediately cease
any activities violating this Article, and to return to work and honor the
terms and conditions of this Agreement; and in addition, the Union shall
discipline the employees who participated in activities violating this Article.
Any employee subject to the terms of this Agreement who violates
Section 6 of this Article will be subject to disciplinary action by the
Company, including discharge.
There shall be absolutely no interference by the Union, its officers,
agents, employees, or members, to prevent or impede free ingress and/or egress
by any person to and from the Company's property or customer's property or the
free and unhindered use of Company's, customer's or supplier's equipment or
vehicles.
Section 7. An employee shall have the right to see his Union Xxxxxxx
(Committeemen) or other available member of the Union Committee to discuss any
matter affecting his rights or privileges. A xxxxxxx or other officer of the
Local Lodge shall, upon request to his supervisor, be granted relief from his
job for a reasonable period of time to investigate or attempt to settle a
dispute. The xxxxxxx or other officer of the Local Lodge shall not leave his
job without the consent of his supervisor and such request for relief shall not
be unreasonably denied. Local Lodge Officers and Stewards (Committeemen) off
duty, and representatives of the International Union, shall, upon notice to the
Company, be permitted on the Company's premises to investigate grievances.
Section 8. Meetings will be conveniently scheduled so as to complete
all business within the normal working day for day employees. Any employee who
is scheduled to work during the hours the meeting is held and who attends the
meeting will be compensated by multiplying his regular classified hourly wage
rate by the hours he attends the meeting. In addition, if this employee attends
the meeting beyond his normal quitting time, he will be compensated for each
additional hour he attends the meeting by multiplying his regular classified
hourly wage rate by one (1) and said additional hour or hours shall not count
toward daily or weekly overtime.
Section 9. Any member of the Committee who is not scheduled to work
during the hours the meeting is held, who is not scheduled to work the third
shift immediately following the meeting, and who attends the meeting, will be
compensated by multiplying his regular straight-time hourly wage rate by all
hours he attends the meeting. Any hours paid under this paragraph shall not
count toward the calculation of any penalty or premium pay section of this
Agreement including but not limited to daily or weekly overtime. Any employee
who is receiving SUB benefits, sickness and accident benefits, or Workmen's
Compensation benefits for the day of the meeting or who is absent due to
disciplinary layoff shall not receive any compensation under this paragraph.
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Section 10. When a meeting is scheduled at which a representative of
the International Union and a representative of the Company from Cleveland will
attend, any member of the
Committee who is scheduled to work the third shift immediately preceding the
meeting will be excused from working the third shift and will be compensated by
multiplying eight (8) hours at his regular classified hourly wage rate plus
shift differential if the employee has attended the meeting.
Any member of the Committee who is scheduled to work the second shift
if the employee has attended the meeting for six (6) hours. In the event the
employee is excused from working the second shift, he will be compensated by
multiplying eight (8) hours at his regular classified hourly wage rate plus
shift differential.
Section 11. Unsatisfactory Performance Reports and/or disciplinary
letters will be removed from the employee's personnel file after twelve (12)
consecutive months and will be destroyed.
Section 12. When there is to be a discussion between an hourly
employee and a supervisor that is intended to be a disciplinary measure, the
Union will, if requested by the employee, insure that a Committeeman or other
designated employee be present.
It is not the intent of this Section to expand the total number of
Committeemen as provide in Section 1 of Article III.
ARTICLE XVI
LEAVE OF ABSENCE
Section 1. A leave of absence for the purpose of accepting a position
with the Cement, Lime, Gypsum and Allied Workers Division, International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers at the local, district or international level or the AFL-CIO or any of
its subordinate bodies, shall be available to not more than three employees
from each plant at any one time. Application for such leave shall be submitted
to the Company in writing thirty (30) days prior to the effective date of such
leave to permit proper provisions to be made to fill the job to be vacated.
Leaves of absence for this purpose shall be for an indefinite period.
During such leave, seniority shall accumulate. Group insurance
coverage shall be suspended after thirty (30) days of such leave. All insurance
coverages will be reinstated upon returning to work with the Company. Upon
returning to work, such employee will be reinstated on his former job,
providing it is still in existence; if not, he shall be eligible to apply for
any job within the bargaining unit by means of the existing bidding procedure
or by bumping.
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ARTICLE XVII
TERMINATION BENEFIT
Section 1. The Company will pay benefits in amounts equal to those
provided by Section 2 of Article VII of the SUB Plan upon termination of
employment of an employee who is age sixty-five (65) or older, provided such
employee is not eligible for a pension under the current Pension Plan covering
bargaining unit employees.
On or after July 1, 1990, an employee with at least one year of
Credited Service (computed as of the date of his application for a Termination
Benefit) shall be eligible for a Termination Benefit in an amount as provided
in Section 2 of this Article. Upon termination of his employment, provided,
however, that if a terminated employee shall not have applied for such benefit
within one year after the Company shall have mailed notice of his termination
to him at his last address as shown on Company records, his right to such
benefit shall stand forfeited. In no event shall a Termination Benefit be paid
upon normal or disability retirement of an employee under the terms of the
Pension Plan for Hourly Employees of the Company.
But provided further, however, that if a terminated employee shall die
within one year after the Company shall have mailed notice of his termination
to him at his last address as shown on Company records and such employee has
not made application for such benefit prior to his demise, such benefit in the
amount which would have been payable to him in any event shall be paid to the
deceased employee's beneficiary.
"Termination" as used in Sections 1 and 2 of this Article solely means
ceasing employment from the Company by reason of a layoff commencing on or
after the effective date of this Agreement of two or more years duration (or
lesser duration where loss of seniority is involved) or a termination of
employment from the Company resulting from a permanent shutdown of the plants
department or subdivision thereof, which occurs after the effective date of
this Agreement. The term also includes termination of employment from the
company by reason of disability, where such disability occurs on or after
February 1, 1993, where the employee is age sixty-five (65) or older and the
employee is not eligible for an immediate Pension under the Pension Plan
covering bargaining unit employees.
Section 2.
The lump sum Termination Benefit payable on the termination of an
eligible employee who is ineligible for an immediate normal, late, disability
or early retirement benefit under the Pension Plan shall be forty (40) times
the product of the employee's years of Credited Service and his regular
straight-time hourly rate. The lump sum Termination Benefit payable on the
termination of an eligible employee who is eligible for an early retirement
benefit under the Pension Plan shall be twenty (20) times the product of the
employee's years of Credited Service and his regular straight-time hourly rate.
If the Company reopens facilities which had been permanently shut down
within three years of the date of the permanent shutdown, any pensioner, or
former employee who has been paid termination benefits in accordance with the
collective bargaining agreement and who returns to work, shall be required to
reimburse the Company an amount equal to the termination benefits at a rate not
to exceed $25.00 per calendar week.
27
28
ARTICLE XVIII
PAYROLL DEDUCTIONS AND UNION LABEL
Section 1. The Company will deduct from the pay of any employee his
Union membership dues upon presentation of an order signed by such individual;
such authorization to conform with State and Federal laws.
Section 2. The Company will sign a Union Label Agreement when it can
do so in accordance with the terms of such Agreement and in such case, will
place the Union Label of the Cement, Lime, Gypsum and Allied Workers Division,
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers and Helpers on its cement packages.
Section 3. The Company will withhold amounts as deposits to an
employee's account in a credit union or as repayments of loans to any employee
by a credit union upon written authorization by the employee on a form provided
by the credit union containing an agreement by the employee satisfactory to the
Company releasing the Company from any liability for any amount so withheld.
Section 4. The Company will deduct from each employee's regular
paycheck contributions for the City of Hope upon written authorization by the
employee on a form containing an agreement by the employee satisfactory to the
Company releasing the Company from any liability for any amount so withheld.
Employees contributing to the City of Hope cannot discontinue or
change such contributions for one year.
ARTICLE XIX
GROUP INSURANCE
Section 1. Group medical and dental coverage shall be provided through
The Blue Cross/ Blue Shield Preferred Provider Plan, as agreed upon, and shall
be maintained for the duration of this agreement.
Employees shall be required to make weekly premium payments, which shall be
payroll deducted, to maintain coverage under the group plan as follows:
Effective May 1, 1996 and for the following twelve months premium payments
shall be as follows:
Single coverage - $2.97 per week
------------------------------------------------
Employee & Spouse - $5.64 per week
------------------------------------------------
Family - $8.36 per week
------------------------------------------------
Effective May 1, 1997, employees' premium contributions shall be increased by
the percentage of increase in premium costs. However, an employee's weekly
contributions during the twelve month period beginning May 1, 1997 shall not
exceed the following:
28
29
Single coverage - $3.12 per week
------------------------------------------------
Employee & Spouse - $5.93 per week
------------------------------------------------
Family - $8.77 per week
------------------------------------------------
Effective May 1, 1998, employees' premium contributions shall be increased by
the percentage of increase in premium costs. However, an employee's weekly
contributions during the twelve month period beginning May 1, 1998 shall not
exceed the following:
Single coverage - $3.28 per week
-------------------------------------------------
Employee & Spouse - $6.22 per week
-------------------------------------------------
Family - $9.21 per week
-------------------------------------------------
Effective May 1, 1999, employees' premium contributions shall be increased by
the percentage of increase in premium costs. However, an employee's weekly
contributions during the twelve month period beginning May 1, 1999 shall not
exceed the following:
Single coverage - $3.44 per week
-------------------------------------------------
Employee & Spouse - $6.53 per week
-------------------------------------------------
Family - $9.67 per week
-------------------------------------------------
A section 125c plan will be made available to enable employees to have premium
payments deducted pre-tax.
ARTICLE XX
CONTRACTORS
Section 1.
(a) Contracting or subcontracting of work by the Company will not directly
result in the layoff or other reduction of employees on the seniority
lists except through attrition of such employees in the respective
bargaining unit by quits, retirements or discharge for cause. The
foregoing to the contrary notwithstanding, manpower reduction
limitations do not apply to contracting arrangements for:
1. new construction, or
2. work involved in major modification(s) during a period when one
or more kilns are not operated, or
3. obtaining raw materials, finished or semi-finished products.
(b) The intent of paragraph (a) above is that the Company will not contract
with other parties for production and maintenance work customarily
performed by bargaining unit employees unless it is more economical or
efficient for the Company to do otherwise.
(c) The Company agrees to notify the Local Lodge of its decision to contract
with other parties for such work, in advance if reasonably possible and
to meet with Local Lodge representative(s) upon request to discuss the
reason(s) causing the Company to decide to contract out such work.
29
30
(d) If the Company enters into Contract arrangements for obtaining raw
materials, finished or semi-finished products, and such contracting
arrangements directly result in the layoff of bargaining unit employees
the Company will guarantee to an employee with twenty (20) or more years
of credited service twelve (12) consecutive weeks of layoff benefits
following the employee's involuntary layoff, during the term of the
agreement(s). Such layoff benefit will be as defined and determined by
the provisions of Article VIII, Section 1 of the prior (terminated)
S.U.B. Plan.
ARTICLE XXI
SUCCESSOR CLAUSE
Section 1. This Agreement shall be binding upon the parties hereto,
their successors, administrators, executors and assigns. In the event of the
sale or lease by the Company of the plant covered by this Agreement or, in the
event such plant is taken over by sale, lease, assignment, receivership or
bankruptcy proceedings, such operation shall continue to be subject to the
terms and conditions of this Agreement for the life thereof. The Employer shall
give notice of the existence of this Agreement to any purchaser, lessee,
assignee, etc., of this Agreement. Such notice shall be in writing with a copy
to the Union not later than the effective date of sale.
ARTICLE XXII
MISCELLANEOUS
Section 1. The Company agrees to provide each employee with a copy of
the Labor Agreement, Insurance, Pension and Supplemental Unemployment Benefit
Plan in booklet form no larger than 3 1/2" x 6"; said booklets to bear the
Union label on the cover.
Section 2. The Company will continue its existing local practices
regarding the furnishing of gloves.
Employees who are not presently receiving gloves under existing local
practices shall receive one pair of gloves at the beginning or each contract
year, and each such employee shall receive a maximum of one additional pair per
contract year from the Company upon the return of his worn out gloves.
In the event such an employee wears out and returns the two pairs of
gloves provided to him, the Company shall sell him an additional pair of gloves
for each worn out pair of Company provided gloves he returns. Said gloves shall
be sold to the employee at the price paid by the Company.
Section 3.A non-contributing 401-k plan will be made available
effective 9-1-96. Employees will be permitted to contribute the maximum allowed
by law.
30
31
ARTICLE XXIII
TERMS OF AGREEMENT
Section 1. After ratification by the members of the Local Lodge, this
Agreement shall become effective and remain in full force and effect and be
binding upon the parties hereto from May 1, 1996, to and including April 30,
2000. and it shall continue in full force and effect thereafter from year to
year until either party on or before March 1st of any year beginning March 1,
2000 gives written notice to the other party of its desire or intention either
to alter or modify or to terminate the same. If such notice is given, the
parties hereto shall begin negotiations not later than March 31 in such year
and this Agreement shall continue in full force and effect until completion and
signing of a new Agreement, provided, however, that after such negotiations
have continued without reaching an agreement until May 1 in any year, then
either party may terminate this Agreement at any time thereafter upon notice.
The written notice set forth above by either party shall contain any
changes or amendments desired, and only such changes or amendments as are
contained in the two written notices shall be discussed by the conferees.
Section 2. The proposals and counter proposals made by each party shall
not be used or referred to in any way during or it connection with the
arbitration of any grievance arising under the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
_____ day of _______, 1996.
CEMENT, LIME, GYPSUM AND ALLIED
WORKERS DIVISION
INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIP BUILDERS
BLACKSMITHS, FORGERS AND HELPERS
AFL-CIO. MEDUSA CEMENT COMPANY
---------------------------------- -----------------------------------
X. X. XXXX XXX XXXXXXX
LOCAL LODGE D-79
---------------------------------- -----------------------------------
XXXXXX XXXX XXXXXXX X. XXXXXXXX
---------------------------------- -----------------------------------
XXXXX XXXXX XXXXX XXXX
----------------------------------
XXXXX XxXXXXX
31
32
ATTACHMENT "B"
WAGE RATES AND JOB CLASSIFICATIONS
DEMOPOLIS
Wage Wage
Job Classification & Progression Standards Rate Grade Job Tasks
------------------------------------------ ---- ----- ---------
Serviceman
New Hire Rate $ 10.00 1 Small Mobile Equipment
I @ 61st day worked 10.57 2 Pickup Truck, Forklift
II @ 6 months after D.O.H. 11.12 3 Sweeper, Small Front
III @ 1 year after D.O.H. 11.98 4 End Loader (carscoop)
IV @ 1-1/2 years after D.O.H. and qualified 12.57 5
on all small Mobile Equipment 13.74 6 Vacuum Truck
14.91 7 Barge Loading
Mobile Equipment Operator
Entry Level Rate 13.74 6
I @ 6 months & qualified on specified 14.91 7 Dump Truck, F.E.L. Loader
equipment and tasks
II @ 1 year & qualified on all equipment 16.34 9 Operation of Hydraulic
& actually operating a Crane Crane
Finished Product Handler
Entry Level Rate 13.74 6 Switchman
I @ 6 months and progressing satisfactorily 14.91 7 Trackmobile
II @ 1 year and qualified in all tasks 16.34 9 Bulkloading (certified
including use of computer terminal, weighman)
and assigned to bulkloading
33
3
Wage Wage
Job Classification & Progression Standards Rate Grade Job Tasks
------------------------------------------ ---- ----- ---------
Control Room Operator
Entry Level Rate $ 14.91 7 Operation of
II @ 6 months & progressing satisfactorily 16.08 8 Control Room
II @ 1 year & performing as Central Control 17.90 11
Room Operator (Dry Plant)
Mechanical Maintenance Journeyman
Entry Level Rate 13.74 6 Skills: Welder,
I @ 1 year & satisfactory progress in 14.91 7 Machinist, Repairman
program
II @ 2 years & satisfactory progress in 16.08 8
program (1 skill minimum)
III @ 3 years & satisfactory progress in 17.25 10
program (2 skill minimum)
Electrical/Instrument Maintenance Journeyman
Entry Level Rate 13.74 6 Skills: Systems Repair,
I @ 1 year & satisfactory progress in 14.91 7 Electrician,
program Instrument Repair
II @ 2 years & satisfactory progress in 16.08 8
program (1 skill minimum)
III @ 3 years & satisfactory progress in 17.25 10
program
IV @ 4 years & satisfactory progress in 17.90 11
program (2 skill minimum)
34
2
Wage Wage
Job Classification & Progression Standards Rate Grade Job Tasks
------------------------------------------ ---- ----- ---------
Storeroom Attendant
Entry Level Rate $ 13.74 6 In order to get to top
I @ 6 months & progressing satisfactorily 14.91 7 level must perform at
II @ 1 year & performing as Central Control 16.34 9 Storekeeper level and
Room Operator (Dry Plant) use computer
Process Equipment Attendant
Entry Level Rate 13.74 6
I @ 6 months & qualified on specified 14.91 7 Oiler
equipment and tasks
II @ 1 year 16.08 8 Utilityman
III @ 2 years and qualified on all tasks, 16.34 9 Above, plus moderate
and assigned to moderate mechanical repairs
repairs.
Quarry Equipment Operator
Entry Level Rate 13.74 6
I @ 3 months & qualified on specified 14.91 7
equipment and tasks
II @ 6 months & qualified on additional 16.08 8
specified equipment and tasks
III @ 1 year & qualified on all equipment 16.34 9 Quarry FEL, Bulldozer,
plus operating the large front end Scraper
loader, bulldozer, or scraper
35
4
Job Progression conditions
An employee who is reclassified to one of the above nine (9) classifications,
through either the bidding procedure or by placement, must learn the associated
tasks and progress satisfactorily through Level I of the classification. Any
employee who fails to qualify at Level I of the respective classifications will
be disqualified and demoted to Serviceman. Any employee in the Finished Product
Handler, Storeroom Attendant, Control Room Operator, Mechanical Maintenance
Journeyman and Electrical/Instrument Maintenance Journeyman classifications who
fails to progress to the next wage level (Level 11 or 111) of the respective
classification in the specified time will be disqualified and demoted to
Serviceman. An employee in the Mobile Equipment operator Process Equipment
Attendant, and Quarry Equipment operator classifications who meets the
qualifications for Level I of the respective classification will be paid at
that wage rate level until he meets the qualification for a highest level
(Level 11 or 111) in the classification and is assigned to actually perform a
specific task at the higher level in the classification.
36
ATTACHMENT "B"
Wage Rates and Effective Dates
Demopolis, Alabama
Local Lodge No. D-79
Wage Rates Effective
-----------------------------------------
Wage
Grade 5/1/96 5/1/97 5/1/98 5/1/99
----- ------ ------ ------ ------
1 10.00 10.45 10.90 11.35
2 10.57 11.02 11.47 11.92
3 11.12 11.57 12.02 12.47
4 11.98 12.43 12.88 13.33
5 12.57 13.02 13.47 13.92
6 13.74 14.19 14.64 15.09
7 14.91 15.36 15.81 16.26
8 16.08 16.53 16.98 17.43
9 l6.34 16.79 17.24 17.69
10 17.25 17.70 18.15 18.60
11 17.90 18.35 18.80 19.25
* Employees will be upgraded to grade six in the serviceman's bracket
while operating the vacuum truck.
37
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers,
Iron ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D-79
P. O. Box 728
Demopolis, Alabama 36732
Gentlemen:
This will confirm our understanding with regard to filling jobs requiring work
on unusual shifts.
It was agreed that when work in a classification is to be regularly scheduled
for an indefinite period on an unusual shift which substantially overlaps
several hours on each of two regular shifts, the Company will schedule an
employee to work such unusual shift in accordance with the following example:
A Mechanical Maintenance Journeyman is to be regularly scheduled to work five
(5) days per week, 7:00 p.m. to 3:00 a.m. for an indefinite period. As this is
an unusual shift overlapping each of the second and third shifts by several
hours, the Company will seek a volunteer from among the classified Mechanical
Maintenance Journeyman; if there are no volunteers, the junior Mechanical
Maintenance Journeyman will be scheduled to work the unusual shift.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
38
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D-79
P. O. Box 728
Demopolis, Alabama 36732
Gentlemen:
This will confirm our understanding that if an employee is affected by an
incapacitated employee as provided for in Article VIII, Section 15 (a), such
affected employee may bump in accordance with his seniority if qualified to
perform the job after being given the opportunity to perform the job for thirty
days.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
39
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers,
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D-79
P. O. Box 728
Demopolis, Alabama 36732
Gentlemen:
This will confirm our understanding that in the event of curtailment, the
affected employee can bump to any position to which his seniority will take
him, so long as he is immediately qualified to perform that job.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
40
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge Xx. X-00
X. X. Xxx 000
Xxxxxxxxx. Xxxxxxx 00000
Gentlemen:
This will confirm our understanding with regard to the scheduling of vacation
replacements.
It was agreed that if the Company wishes to fill a job while the incumbent
employee is on vacation, it will schedule (on the schedule board) another
employee to temporarily fill such job for the specified period of time.
Management retaining the right to determine whether or not it is necessary to
fill any job.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
41
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers,
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D - 79
P. O. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Gentlemen:
This will confirm our understanding with regard to the applicability of
substance abuse testing of employees.
It is our intention to provide our employees, customers, suppliers and visitors
to the plant with a safe environment. It is also our intent to comply with
federal safety laws regarding the introduction, possession, distribution (or
intent to distribute) or use of controlled substances or intoxicating beverages
on company property. Specifically Subpart 56.20001, Intoxicating Beverages and
Narcotics, of the Mine Safety and Health Administration Safety and Health
Standards to Surface Metal and Material Mining and Million Operations, 30 CFR,
Part 56, provides:
Intoxicating beverages and narcotics shall not be permitted or used in or
around mines. Persons under the influence of alcohol or narcotics shall not be
permitted on the job.
Employees suspected with "reasonable cause" of violating the above provision
shall be subjected to the appropriate testing procedures to determine whether
or not such a violation has occurred. The parties shall develop and implement a
procedure to be allowed should such a violation be detected.
Non-employees shall be asked to leave the plant property. A determination will
be made at the time as to whether any other action should be taken regarding
the situation.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
42
May 1, 1993
Cement. Lime, Gypsum and Allied Workers Division
International Brotherhood or Boilermakers
Iron Ship Builders. Blacksmiths, Forgers and Helpers
Local Lodge No. D-79
P. O. Box 7213
Demopolis, Alabama 36732
Gentlemen:
This will confirm our understanding reached in 1975 contract negotiations with
regard to the following:
EYE EXAMINATION
The Company will pay the usual reasonable and customary charge for the
eye examination of an employee's eyes only for the purpose of determining the
proper prescription for the employee's safety glasses, provided that:
1. such prescription safety glasses are to be used in the course of
employment with the Company and,
2. no more than one (1) such examination shall be covered in any calendar
year.
Very truly yours.
X.X. Xxxxxxx
Plant Manager
43
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers,
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D-'79
P. O. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Gentlemen:
The following agreement applies with respect to the Control Room Operator
training period:
"After, or during, the first ninety (90) days of a six month period, the
Trainee may be disqualified by the Company or the trainee may elect to
leave classification voluntarily and return to his former
classification. If during the second ninety (90) day period the trainee
is disqualified by the Company, he may bump any less senior employee,
except those in a training program of in maintenance departments. There
shall be no disqualifications after 180 days. It is also understood that
180 days means kiln operating time."
Very truly yours,
X.X. Xxxxxxx
Plant Manager
44
May 1, 1993
Cement. Lime. Gypsum and Allied workers Division
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D-79
P. 0. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Gentlemen:
This will confirm our understanding with respect to the following:
(1) Any settlement made to resolve a grievance will be paid to the
affected employee(s).
(2) With respect to the Control Room Operator Training Period (letter
dated June 11, 1984), it is understood that "no disqualification of
180 days refers to the training period only". Management retains the
right to disqualify for cause at any time.
(3) The fifth shift is reinstated and the agreement to seek volunteers for
specific jobs is canceled.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
45
May 1, 1993
Cement, Lime, Gypsum and Allied workers Division
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge Xx. X-00
X. X. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Gentlemen:
During our recent contract negotiations the Company agreed to the following
policy statement:
In many instances, the Company does offer the senior man upgrades to higher
rated classifications and will continue to do so depending on the
circumstances. The Company, however, declines the Union's request to make
assignments in this manner a contractual requirement. However, if the Union
determines that a repeated Pattern and practice of ignoring seniority on
upgrades has developed concerning a particular individual or group of
individuals, it may grieve such allegation directly to the Plant Manager.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
46
May 1, 1993
Cement, Lime, Gypsum and Allied Workers Division
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers and Helpers
Local Lodge No. D - 79
P. O. Xxx 000
Xxxxxxxxx, Xxxxxxx 00000
Gentlemen:
This will confirm the following understandings reached during our recently
completed contract negotiations:
1. The company will make good faith efforts to give as much advance notice as
practical when starting times are to be changed.
2. Under normal circumstances, an employee awarded a job will start on it
within 30 days.
3. The following employees would receive one (1) pair of safety shoes per
year.
- Controlroom Operators
- Two Bulkloaders in the Finish Product Handler Classification
- Storeroom Attendant
- One Mobile Equipment Operator
The following employees would receive two (2) Pairs of safety shoes per year.
- Serviceman
- Mobile Equipment Operator
- Finish Product Handler (Exclude two (2) Bulkloaders)
- Process Attendants
- Quarry Equipment operators
- Mechanical Maintenance Journeymen
- Electrical/instrument Maintenance Journeyman
Quarry employees may get one pair of rubber safety shoes if so desired.
Very truly yours,
X.X. Xxxxxxx
Plant Manager
