AGREEMENT
Between
HOSPITAL SYSTEMS, INC.
and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 2131
May 1, 1997
to
April 30, 1998
INDEX
FUNERAL LEAVE................................................................8
GRIEVANCE PROCEDURE.........................................................10
HEALTH AND WELFARE...........................................................8
HOLIDAYS.....................................................................6
HOURS OF WORK AND OVERTIME...................................................4
JURY DUTY....................................................................8
LEAVE OF ABSENCE.............................................................9
LIFE INSURANCE...............................................................9
MANAGEMENT
NO DISCRIMINATION...........................................................12
NO STRIKE - NO LOCKOUT......................................................11
PENSION......................................................................8
SAFETY.......................................................................9
SAVINGS CLAUSE..............................................................12
SCHEDULE "B"................................................................17
SCHEDULE "A"................................................................14
SENIORITY....................................................................3
SHIFTS.......................................................................5
SIDE LETTER.................................................................19
TERM OF AGREEMENT...........................................................12
TERMINATION.................................................................10
TRAVEL......................................................................10
UNION RECOGNITION AND SECURITY...............................................1
VACATIONS....................................................................6
WAGES........................................................................5
1997 - 1998 AGREEMENT
THIS AGREEMENT between the HOSPITAL SYSTEMS, INC., whose names are affixed to
the final sheet of this Agreement, hereinafter called the "Employer", and LOCAL
UNION NO. 2131 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
hereinafter called the "Union".
WITNESSETH
WHEREAS, a majority of the employees of the Employer in the collective
bargaining unit to be covered by the terms of this Agreement have designated the
Union as the collective bargaining agent, the Employer herewith recognizes the
Union as the sole and exclusive collective bargaining representative for all
employees in the unit in all matters pertaining to wages, hours and working
conditions, and
WHEREAS, the parties hereto desire to establish a standard of conditions and
procedure under which employees shall work for the Employer during the term of
this Agreement and desire to regulate the mutual employment relations between
the parties for the purpose of securing harmonious cooperation and settling of
all disputes by peaceful means that may arise in the employee/Employer
relationship.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein
contained, the parties agree as follows:
SECTION 1. MANAGEMENT
The parties hereto have a mutual interest in securing efficient business
operation and desire to cooperate to that end. It is the duty and right of the
Employer to manage the business and direct the working forces, subject to the
conditions herein set forth. This includes, but is not limited to, the right to
hire, reassign, promote, demote, layoff and discharge, but each employee covered
by this Agreement shall possess the right of appeal through the grievance
procedure as provided by the terms of this Agreement.
SECTION 2. UNION RECOGNITION AND SECURITY
The Employer recognizes the Union as the sole and exclusive bargaining agency
for all employees in the unit consisting of classifications as defined in
Schedule "A", attached hereto and made a part of this Agreement. All employees
shall become members of this bargaining unit upon completion of their probation
and remain members of the Union, as a condition of their employment, during the
life of this Agreement, and the Union shall notify the Employer promptly in
writing of the failure of any such employee to become or remain a member of the
Union; provided, however, that the Union shall not request the Employer to
discriminate against any employee for non-membership in the Union, if such
membership is not available to the employee on the same terms and conditions
generally applicable to other members, or if membership is denied or terminated
for reasons other than the failure of the employee to tender the periodic dues
or initiation fee uniformly required by the Union as a condition of acquiring or
maintaining membership.
For the duration of this Agreement, the Employer shall deduct from the first pay
period of each month, Union dues and remit same to the Local Union within ten
(10) days, upon receipt of a Dues Authorization Card signed by the employee.
Initiation fees shall be deducted within the first two (2) paychecks after
completion of the
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probationary period and upon receipt of an authorization card signed by the
employee. This authorization shall continue until revoked by the employee giving
written notice to the Employer, by registered mail postmarked or received by the
Employer either (a) during the period from the first June 24th to the first July
1st, both inclusive, after the effective date of this authorization, or (b)
during the same period of each year thereafter, or (c) after the termination of
the Agreement between the Employer and the Union.
Through the representation of the Union, employees shall have the right to a
hearing on any differences of opinion as to the competency of any employee to
fill a new position or vacancy of promotion or demotion, or discipline
administered, or layoffs, or discharges or of discrimination. Such hearings
shall follow the established grievance procedure.
In the matter of suspension, demotion or discharge, if after hearing witnesses
the charges are not sustained, the employee may have his record cleared of such
charges and in case of loss of wages, may receive reimbursement of such loss. No
discipline by temporary suspension shall be administered to any employee which
shall permanently impair his seniority rights. The shop xxxxxxx shall be
notified in writing of any of the above action.
The Employer agrees that he will not sublet, assign or transfer any work in
connection with electrical work to any other person, firm or corporation if such
subletting, assigning or transfer will cause the loss of work opportunities to
employees in the individual Employer's establishment covered by this Agreement.
Any such subletting, assigning or transfer shall be allowable after a mutual
determination has been made by the representatives of the parties that such
action is not in conflict with the preceding sentence.
The business of the representatives of the Union, pertaining to this Agreement,
is with the office of the Employer but he shall be permitted to enter the plant
at any time the plant is operating after obtaining clearance from management,
which shall not be unreasonably denied. It is understood that upon entering the
plant, the representative of the Union will not interfere with the normal
operations of the business.
The Employer will recognize shop stewards, selected in accord with the Union
rules and regulations, as representatives of the employees in the respective
groups or departments for which they are chosen. There shall be one shop xxxxxxx
for each twenty-five (25) members or fraction thereof in any one building. The
Union will notify the Employer as to the identity of stewards and xxxxxxx
groups. Stewards shall be free to conduct their Union duties at any time within
their regularly scheduled working hours and for one (1) hour before and after
such working hours, within the Employer's grounds. They shall not leave their
working station on Union business without the expressed permission of the
section supervisor, which shall not be unreasonably denied.
The Employer and employees agree that duly chosen stewards shall not be
restricted by seniority during their term of office and that they shall be given
opportunity for employment at any time that three (3) or more employees are
working.
The Employer understands that the choice of, and removal from office, of
stewards is a function of the Union. The Union will notify the Employer within
forty-eight (48) hours of any change in xxxxxxx status.
Union meetings shall not be held on the Employer's property or the Employer's
time without the Employer's permission.
The Union shall hold the Employer harmless for any and all claims, demands,
suits or other action that may arise out of this Section.
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SECTION 3. SENIORITY
A. New hires shall have a probationary period of sixty-five (65) worked
days. During such probationary period, the employee may be discharged for
any reason without recourse to the grievance procedure.
B. Seniority shall commence upon completion of the probationary period and
shall be defined as total length of service with the Employer, credited
from the date of hire.
With regard to layoffs and recalls, the principle of seniority shall govern
and it is understood that no employee who has rendered long and faithful
service shall be laid off as long as any work, which he can reasonably be
expected to perform satisfactorily, is being performed by a person junior
in seniority.
Additionally, shift preference will be by seniority insofar as the needs of
the Employer will permit.
Overtime Monday through Friday will be by job continuation. Overtime on
Saturdays, Sundays and Holidays will be by seniority provided the employee
can properly perform the work required.
Promotions within the unit or to the first stage beyond the unit shall be
based upon seniority, ability and qualifications. Ability and
qualifications being sufficient, seniority shall prevail.
C. Job Posting When the Employer elects to fill on a permanent basis a
vacancy in a classification above Line Assembler then notice of such
vacancy shall be posted for a period of three (3) working days.
Employees desiring a promotion who meet the qualifications and have signed the
posting shall be given consideration in accordance with the seniority provisions
of this Agreement.
Employees who are promoted shall undergo an evaluation period of up to thirty
(30) worked days. should the employee fail to perform to the satisfaction of the
Employer during this evaluation period then the employee will be returned to his
former classification.
The foregoing shall not apply to the classification of Leadman.
D. Seniority shall be broken for:
1. Discharge for cause.
2. Resignation - A three (3) day unreported absence from work shall be
considered a resignation.
3. Illness, accident or layoff in excess of six(6) consecutive months.
4. Failure to return to work from a leave of absence or vacation.
5. Failure to return to work when recalled within four (4) days of the
mailing of a registered letter of a notice to report to work to the last
known address.
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E. Any employee of the Employer covered by this Agreement who is injured
while on duty shall continue to accumulate seniority during his absence due
to such injury and shall be reinstated upon recovery to his former position
with full seniority rights, provided he is physically and mentally
qualified to do the work, and provided that his job has not been abolished
in the meantime or filled by an employee with greater seniority. If, by
reason of the circumstances noted above, such employee cannot be reinstated
to his old job, he will be returned to such job as is available and for
which he is qualified by reason of fitness and ability, giving full
consideration to his seniority, and if the new job is a lower-paid job, he
shall be paid the highest rate of pay for that job classification. It is
understood that when such a man returns to work, the regular rules of
seniority will prevail for those men below him on the seniority list unless
otherwise mutually agreed between the Union and the Employer.
SECTION 4. HOURS OF WORK AND OVERTIME
A. A maximum of eight (8) hours between 6:00 a.m. and 5:00 p.m. shall constitute
a work day, and maximum of five (5) such days, namely Monday to Friday
inclusive, shall be a work week. An employee may clock in up to six (6) minutes
late three (3) times per month without pay and without disciplinary action.
Nothing in this Agreement shall prohibit the Employer from establishing
staggered starting times for an employee or group of employees.
B. Overtime shall be paid as follows:
1. One and one-half (1 1/2) times the straight time hourly rate for all
work in excess of eight (8) hours in a work day.
2. Double (2) time the straight time hourly rate for all work in excess
of twelve (12) hours in a work day.
3. One and one-half (1 1/2) times the straight time hourly rate for the
first eight (8) hours on Saturday.
4. Double (2) time the straight time hourly rate for all work in excess
of eight (8) on Saturday.
5. Double (2) time the straight time hourly rate for all work performed
on Sundays and Holidays.
C. Employees shall not be required to take time off for the purpose of
off-setting overtime worked.
D. Regular employees shall be guaranteed four (4) hours' work or four (4) hours'
pay in lieu thereof for each day they report to work. Regular employees shall be
guaranteed four (4) hours' work or four (4) hours' pay in lieu thereof if
required by the Employer to report to work on Saturdays, Sundays or Holidays or
if business conditions warrant less hours for all employees.
The above guaranteed hours shall be waived in case of fire, flood or
similar causes beyond the Employer's control.
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E. The employees shall be granted a ten (10) minute break mid-morning and a ten
(10) minute break at mid-afternoon.
F. The Employer will provide three (3) minutes at the end of the shift for
personnel to clean themselves up.
G. It is agreed that where an employee is required to work at a point other than
his assigned reporting place, he shall proceed to the location of the job and
return from such job to the reporting place on the Employer's time.
H. Hours worked shall include time actually at work or on duty, including the
time required by management to stand by prepared to go to work at a specific
place.
SECTION 5. SHIFTS
A. The Employer may establish additional work shifts other than the shift
provided for in Section 4. But no shift shall be established for a period
of less than one (1) week, and not less than three (3) men shall be
employed on each shift. Otherwise, the time so worked, outside of the hours
scheduled in Section 4, shall be considered and paid as overtime. Employees
shall be notified not less than three (3) work days prior to any change in
their work schedule.
B. No shift shall be scheduled to work more then eight (8) hours in any
twenty-four (24) hour period or longer than forty (40) hours in any one (1)
week. Regular starting and stopping times shall be posted for each shift
established and all time worked outside of the posed hours shall be paid
for as overtime.
Where three (3) shifts are worked, each shift shall consist of eight (8)
hours (including an unpaid thirty (30) minute lunch period), the first or day
shift to start at 8:00 a.m. The second shift shall start immediately after the
first shift terminates, and the third shift shall start immediately after the
second shift terminates.
Fifty cents ($.50) per hour additional over the day shift shall be paid on
the second shift and seventy-five cents ($.75) per hour additional over the day
shift shall be paid on the third shift.
The shift which commences Friday at 12 Midnight and ends Saturday at 8:00
a.m. will be considered as a normal third shift and shall therefore be paid for
at the rate of seventy-five cents ($.75) per hour additional over the day shift
rate, according to the classification involved.
SECTION 6. WAGES
A. The wage rate to be paid under the terms of this Agreement to employees in
each occupational classification are those appearing in Schedule "A",
attached hereto and made a part hereof.
B. Wages shall be paid weekly on the Employer's time. Not more than three (3)
days' pay shall be withheld. Wages shall be computed from shop check-in to
shop check-out or its equivalent. Employees being laid off shall receive
their wages at time of layoff.
C. EFFECTIVE MAY 1, 1997, AN ADDITIONAL $0.30 WILL BE ADDED TO ALL RATES AND
PROGRESSIONS.
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SECTION 7. HOLIDAYS
A. Employees covered by this Agreement shall receive with pay at the rate of
straight time the following holidays when not worked:
New Year's Day Day after Thanksgiving
Washington's B'day Last Scheduled Work Day
Memorial Day Day Before Christmas
Fourth of July Christmas Day
Labor Day Day Before New Year's Day
Thanksgiving Day 2 Float Holidays (*) with 72 hours' advance
notice to Employer
*However, no more than ten percent (10%) of the employees will take their
floating holidays off at any one time. The granting of such requests will be by
seniority.
With regard to the above mentioned float holidays, at the option of the
Employer, one (1) float holiday may be observed as a paid holiday for all
eligible employees on a date fixed by the Employer, such date to be posted by
the Employer no later than May 1st of each year.
B. Holidays falling on Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed on the following Monday.
C. To be eligible for holiday pay, an employee must have completed his
probationary period with the Employer and must have worked the scheduled work
day before and the scheduled work day after such holiday unless absent because
of qualified illness or otherwise excused. For employees hired after May 1,
1979, they must have been employed six months in order to be eligible for the
two (2) floating holidays.
D. All work performed on any one of the paid holidays shall be paid for at two
(2) times the regular rate of pay in addition to the holiday pay which an
employee would have received had he not worked.
SECTION 8. VACATIONS
A.) Prior to March 1st of each calendar year, or as soon as possible
thereafter, Departmental heads will consult with all employees entitled to
vacation and from such consultation, the employer shall establish the
working schedule for the vacation period. The Employer in determining
vacation schedules will respect the seniority and wishes of the employee as
to the time of vacation insofar as the needs of the employer will permit.
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B1.) The Employer will grant to each employee that was hired prior to May
1, 1997 one (1) week's vacation with pay after one (1) year's service; Two
week's vacation with pay after two (2) year's service and three (3) weeks
of vacation after four (4) years of service with the following progressions
after the fourth (4th) year of service:
SIX (6) YEARS OF SERVICE 3 WEEKS & 1 DAY
SEVEN (7) YEARS OF SERVICE 3 WEEKS & 2 DAYS
EIGHT (8) YEARS OF SERVICE` 3 WEEKS & 3 DAYS
NINE (9) YEARS OF SERVICE 3 WEEKS & 4 DAYS
TEN (10) YEARS OF SERVICE 4 WEEKS
B2.) THE EMPLOYER WILL GRANT TO EACH EMPLOYEE THAT WAS HIRED AFTER MAY 1,
1997 ONE (1) WEEK'S VACATION WITH PAY AFTER ONE (1) YEAR'S SERVICE; TWO
WEEK'S VACATION WITH PAY AFTER THREE (3) YEAR'S SERVICE; THREE WEEK'S
VACATION WITH PAY AFTER FIVE (5) YEAR'S SERVICE AND FOUR (4) WEEK'S
VACATION WITH PAY AFTER TEN (10) YEAR'S SERVICE.
C.) Pay for the vacation period shall be paid in advance and at the time
the employee starts his vacation. The vacation pay shall be computed on the
existing hourly rate at the time of the employee's vacation.
D.) Thirteen hundred fifty (1350) working hours in the employ of the
Employer at the conclusion of a twelve (12) month period shall constitute a
year's service and qualify the employee for full vacation pay. If less than
thirteen hundred fifty (1350) hours are worked, Section "H" below shall
apply.
E.) Vacations must be taken within twelve (12) months next following the
date upon which the employee becomes eligible thereto, but shall not be
cumulative.
F.) The Employer shall notify each employee by posted announcement ninety
(90) days prior to a proposed plant shutdown for vacation.
G.) Where on of the paid holidays (as provided elsewhere in this Agreement)
occurs within an employee's vacation period, the employee shall receive
holiday pay as provided for in addition to that employee's vacation pay.
H.) Where an employee, eligible for vacation, is laid off because of a
curtailment of work or quits, he shall be paid pro rata for that fraction
of thirteen hundred fifty (1350) hours, which has accumulated to his
credit. Two hundred forty (240) hours shall be the required minimum for a
pro rata basis. Such proration shall be based on full years of service at
the time of layoff or quit. (paragraph "B" above) Proration of vacation
shall not apply unless the employee has completed the first year of service
with the Employer.
I.) Vacation shall not take place during the first six months of
employment. Accrual shall double during the second six months of the first
year of employment.
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SECTION 9. JURY DUTY
Upon completion of six (6) months continuous service when an employee is called
for jury duty, said employee shall be reimbursed for the difference paid to the
employee for serving on jury duty and the amount shall be equal to the basic
scheduled work hours for the period involved times the employee's hourly rate.
Such pay to be limited to fifteen (15) days each contract year. Days not used in
one contract year shall be available in the next contract year to a maximum of
forty-five (45) days.
SECTION 10. FUNERAL LEAVE
A. Upon completion of the probationary period an employee shall be entitled to
three (3) days with pay for purposes of attending the funeral for the immediate
family, with the last day being the day of the funeral. The immediate family is
spouse, parents and/or legal guardians, sister, brother, children, grandparents,
mother-in-law, and father-in-law.
Two (2) additional days, the two (2) days after the funeral, without pay will be
granted for a funeral outside the State.
B. Should there be no funeral or the employee is unable to attend because of the
distance or the cost of travel, then the employee shall be entitled to one (1)
day of Bereavement Leave with pay.
C. The Employer may require reasonable proof of death and/or relation.
SECTION 11. PENSION
THE XXX PENSION PLAN INSTITUTED EFFECTIVE MAY 1, 1975 SHALL BE CONTINUED FOR THE
DURATION OF THIS AGREEMENT. THE EMPLOYER CONTRIBUTION EFFECTIVE APRIL 30 1991
WILL BE TWENTY-FIVE ($0.25 ) PER HOUR.
IN ADDITION TO THE ABOVE AND EFFECTIVE MAY 1, 1997, THE EMPLOYER WILL MATCH UP
TO THIRTY CENTS ($0.30) PER HOUR CONTRIBUTION MADE BY AN INDIVIDUAL EMPLOYEE TO
THE XXX ACCOUNT PROVIDED THAT SUCH OTHER CONTRIBUTION IS MADE THROUGH PAYROLL
DEDUCTION.
SECTION 12. HEALTH AND WELFARE
Upon completion of the probationary period or in accordance with the Plan,
whichever is greater, the Employer shall provide and pay for the Kaiser "L"
Health and Welfare Program or its equivalent for the employees.
The above Kaiser "L" Health and Welfare Program will be provided to dependents
and spouses at the Employer's expense provided the employee has been employed
for one (1) year.
Dental coverage for all employees shall be at 80/20 percent of cost.
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The dental coverage will be provided to both dependents and/or spouses at the
Employer's expense provided the employee has been employed for one (1) year.
Any increase in the premium over the rates in effect as of April 30, 1991 for
Kaiser "L" and the Dental Plan shall be borne by the Employer. However,
employees shall be required to contribute Twenty Dollars ($20.00) per month on a
payroll deduction basis effective May 1, 1991. Effective May 1, 1993, the
employees contribution shall be increased to Twenty-five Dollars ($25.00) per
month.
SECTION 13. LIFE INSURANCE
Upon completion of the probationary period the Employer shall provide a life
insurance policy, including AD&D, in the amount of $10,000.00 on the life of
each employee, who shall designate the beneficiary.
SECTION 14. LEAVE OF ABSENCE
A. Upon completion of the probationary period employees shall be eligible to
request leave of absence as may be provided for in this Section 14.
B. The employee may request one (1) day per quarter of unpaid time off for
personal use. During the four (4) quarters per contract year, one (1) of the
four (4) days shall be granted provided the employee gives the Employer
twenty-four (24) hours advance notice prior to taking time off. No more than ten
percent (10%) of the employees will take their day off at any one time. Three
(3) of the four (4) days shall be by mutual agreement between the Employer and
the employee. The granting of such requests will be by seniority.
C. In cases where the employee has a prolonged illness or injury, a leave of
absence of up to six (6) months will be granted. Requests for a leave of absence
for other than the foregoing may be granted by the Employer.
Employees off work for over thirty (30) days due to a leave of absence or
extended illness or injury shall not suffer a loss of seniority except as may be
provided elsewhere; however, employees shall not accrue any benefits during such
period.
D. In all cases where leaves of absence are granted by the Employer, he Union
shall be notified in writing of the effective date and the termination date of
the leave. Any Union member who does not return or overstays the leave will be
considered to have quit his employment, and if rehired, shall be considered a
new employee. Timely extensions may be requested by the employee.
SECTION 15. SAFETY
A. It is hereby agreed that the Employer, the Union and the employees recognize
the importance of maintaining safety provisions for the protection of the
health, life and limb of all employees. Adequate safety and protective devices
shall be supplied workmen by the Employer on all hazardous work in accordance
with the safety rules of the Industrial Accident Commission, and the Employer
shall make every effort to improve conditions when called to his attention.
Employees shall wear and use safety devices specified by the Employer. The
Employer agrees that such safety equipment shall be maintained in good shape and
in accessible positions. The Union shop xxxxxxx and the Leadman shall help the
Employer enforce safety and cleanliness about the shop at all times.
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The Employer shall hold the Union harmless for any and all claims, demands,
suits or other action that may arise out of this Section.
B. Adequate facilities shall be provided by the Employer for hanging employees'
clothing and also adequate washstands and toilets, Precautions to secure the
health and safety of employees shall, as far as practical, be at all times taken
by the Employer, including a supply of "First-aid Cabinets" at convenient
locations in the plant.
C. The Employer will furnish all such necessary tools and equipment to employees
as may be required or necessary to perform the work in accord with the
Employer's specifications. Suitable rain protective equipment is to be furnished
by the Employer to the employees required to work out of doors in inclement
weather. When tools and equipment are issued and signed for, the employees will
be held responsible for their return in good condition, reasonable wear and tear
excepted.
SECTION 16. TRAVEL
Where men are sent on jobs away from the shop or other regular place of
employment where they are regularly employed, they shall receive first-class
board and lodging and traveling time at straight time to and from such job. If
employees travel on overtime days or are required to work overtime, they shall
be paid travel at rates specified in this Agreement. Not more than eight (8)
hours' pay for travel time in any one (1) day of twenty-four (24) hours shall be
paid. The Employer shall provide covered transportation to such employee or pay
the regular fare both ways for employees while traveling.
SECTION 17. TERMINATION
The Employer shall give each employee three (3) days' notice on a layoff for any
reason, or three (3) days' pay in lieu thereof, except in an emergency which is
beyond the control of the Employer.
SECTION 18. GRIEVANCE PROCEDURE
A. Should differences arise between the Employer and the Union as to the meaning
and application or the observance and performance by either party of any
provisions of this Agreement, or as to whether the wage or working conditions of
any individual employee or group of employees in the unit is not in accordance
with the wage rate or conditions that should apply to him or them as noted in
this Agreement, the following shall be the procedure for the adjustment and
settlement thereof:
Step 1. The employee and/or the shop xxxxxxx shall endeavor to adjust such
dispute or grievance with the Employer's representative who has initial
responsibility for the matter at hand.
Step 2. If it is not settled, it shall be presented in writing to the management
representative within seventy-two (72) hours of the occurrence. The management
representative shall respond in writing within seventy-two (72) hours of receipt
of the grievance.
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Step 3. If it is not thus settled, then within seven (7) days the Business
Representative and/or the shop xxxxxxx and/or the employee shall meet with the
management representative and/or labor relations representative and endeavor to
adjust such dispute or grievance. An International Representative of the IBEW
may be present at this Step in the Grievance Procedure only to assist the Local
Union.
Step 4. If such meeting is unable to resolve the issue, then the grieving party
may request a Board of Adjustment provided such request is presented within
seven (7) days of such meeting. The Board of Adjustment shall consist of two (2)
representatives selected by the Union and two (2) representatives selected by
the Employer. The Board shall proceed to hear the matter in question within
fourteen (14) days, each party being permitted to produce such evidence as may
be relevant.
The Board shall have no power to add to, subtract from, or modify any of the
terms and conditions of this Agreement. A decision by a majority of the Board
shall be final and binding upon the parties.
Step 5. If the Board is unable to resolve the issue, then the grieving party may
request arbitration, provided such request is presented in writing within seven
(7) days of the meeting of the Board. If the parties are unable to agree upon a
neutral arbitrator, then the Federal Mediation and Conciliation Service shall be
requested to submit a panel of seven (7) arbitrators. Each side shall have the
option to reject one (1) complete panel. The parties shall alternately strike
from said list one (1) name after determining the first strike by lot, and the
remaining named arbitrator shall promptly conduct a hearing on the grievance.
B. The neutral arbitrator shall have no power to add to, subtract from, or
modify any of the terms and conditions of this Agreement. The decision of the
neutral arbitrator shall be final and binding upon the parties.
C. The Union and the Employer shall equally share the expense of the
arbitration. However, each party shall bear its own expense of representation
and witnesses. This latter provision shall also apply to Step 4 in the grievance
procedure.
D. Should the time limits above be passed by either party, the grievance shall
be forfeited to the other. However, the above time limits may be extended by
mutual agreement.
SECTION 19. NO STRIKE - NO LOCKOUT
The Union agrees not to engage in any strikes, slowdowns or stoppages of work
during the term of this Agreement.
Any action by the employees leaving jobs for their own protection in cases of
legally declared strike by some other union directly working on the job, if such
strike is sanctioned and approved by the labor body or council having
jurisdiction, shall not constitute a violation of this Agreement.
The Employer agrees not to engage in any lockout during the term of this
Agreement.
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SECTION 20. NO DISCRIMINATION
It is the continuing policy of the Union and the Employer that the provisions of
this Agreement shall be applied to all employees without respect to age, sex,
race, religion, color, national origin or marital status.
SECTION 21. SAVINGS CLAUSE
Any provision of this Agreement adjudged to be unlawful by a court of competent
jurisdiction shall be treated for all purposes as null and void, but all other
provisions of this Agreement shall continue to be in full force and effect
except as provided herein.
SECTION 22. TERM OF AGREEMENT
A. This Agreement shall take effect as of MAY 1, 1997 AND SHALL REMAIN IN EFFECT
UNTIL APRIL 30, 1998. It shall continue in effect from year to year thereafter
from May 1st to April 30th of each year, unless changed or terminated in the way
later provided herein.
Either party desiring to change or terminate this Agreement must notify the
other in writing at least sixty (60) days prior to the anniversary date of the
present contract. When notice for changes is given, the nature of the changes
desired must be specified in the notice and until a satisfactory conclusion is
reached in the matter of such changes, the original provisions shall remain in
full force and effect. The negotiation of any proposed amendments by either
party shall begin within fifteen (15) days after receipt of the written proposed
amendments.
B. This Agreement shall be subject to amendment at any time by mutual consent of
the parties hereto. Such amendment shall be reduced to writing, stating the
effective date of the amendment, to be executed in the same manner as this
Agreement, and be approved by the International Office of the Union.
12
ELECTRICAL WORKERS UNION, HOSPITAL SYSTEMS, INC.
LOCAL 2131
/s/ XXXXX XXXXXXXX /s/ XXXXX XXXXXX
BY_______________________ BY______________________
XXXXX XXXXXXXX XXXXX XXXXXX,
BUSINESS MANAGER, PRESIDENT
IBEW, LOCAL 2131
/s/ XXXX PHUN
BY_______________________
XXXX PHUN..
COMMITTEEMAN
/s/ XXXXX XXXXXXXXX
BY______________________
XXXXX XXXXXXXXX
COMMITTEEMAN
DATE: September 4, 1997
13
SCHEDULE "A"
PROGRESSIONS - CLASSIFICATIONS - WAGES
The provisions called for in this Schedule "A" shall become part of the
Agreement made May 1, 1997 between Hospital Systems, Inc. and Local 2131,
International Brotherhood of Electrical Workers.
Nothing in this Schedule shall serve to reduce any current wage rates of
individual employees.
A. PROGRESSIONS
1. EMPLOYEES HIRED AFTER MAY 1, 1997 SHALL PROGRESS FROM STARTING RATE OF
$7.50 PER HOUR [OR MARKET RATE] AND SHALL PROGRESS TO THE TOP RATE IN FIVE 24
MONTH STEPS. TO COMPUTE THE RAISE FROM EACH STEP THE DIFFERENCE BETWEEN THE
EMPLOYEE'S CURRENT RATE AND THE TOP RATE SHALL BE DIVIDED BY THE NUMBER OF STEPS
LEFT IN THE PROGRESSION.
2. The following are the progression steps for employees hired before May
1, 1997:
Step 1 - First 13 calendar weeks of employment
Step 2 - Second 13 calendar weeks of employment
Step 3 - Third 13 calendar weeks of employment
Step 4 - Fourth 13 calendar weeks of employment
Step 5 - Fifth 13 calendar weeks of employment
Step 6 - Sixth 13 calendar weeks of employment
Step 7 - Seventh 13 calendar weeks of employment
Step 8 - Thereafter
3. An employee with less than thirty-nine (39) weeks comparable experience
in the last two (2) years shall start at Step 1.
4. An employee with over thirty-nine (39) weeks comparable experience in
the last two (2) years shall start at Step 4.
5. For the purpose of this Section only, a calendar week starts the first
Wednesday an employee works within a given job classification.
6. Previous Company experience may be credited in full.
14
B. CLASSIFICATIONS AND WAGES
The following are job classifications and minimum wage rates:
1. LINE ASSEMBLERS
6/1/97
------
STEP 1 $9.10
STEP 2 $9.28
STEP 3 $9.74
STEP 4 $9.91
STEP 5 $10.46
STEP 6 $10.76
STEP 7 $11.38
STEP 8 $11.72
2. SPECIAL PRODUCTION WORKERS
6/1/97
------
STEP 1 $9.34
STEP 2 $9.52
STEP 3 $9.97
STEP 4 $10.15
STEP 5 $10.69
STEP 6 $11.01
STEP 7 $11.65
STEP 8 $11.97
3. TRUCK DRIVER/YARDMAN
6/1/97
------
STEP 1 $9.10
STEP 2` $9.28
STEP 3 $9.74
STEP 4 $9.91
STEP 5 $10.46
STEP 6 $10.76
STEP 7 $11.38
STEP 8 $11.72
15
5. RECEIVING AND INVENTORY CLERK
6/1/97
------
STEP 1 $9.10
STEP 2` $9.28
STEP 3 $9.74
STEP 4 $9.91
STEP 5 $10.46
STEP 6 $10.76
STEP 7 $11.38
STEP 8 $11.72
6. GENERAL LABORER
6/1/97
------
STEP 1 $5.91
STEP 2` $6.06
STEP 3 $6.22
STEP 4 $6.37
STEP 5 $6.52
STEP 6 $6.68
STEP 7 $6.83
STEP 8 $6.98
6. MILLING MACHINE, PUNCH PRESS & MANIFOLD
Employees assigned to operate the Milling Machine, Punch Press or Manifold
shall receive twenty-five cents ($.25) per hour above their regular hourly rate
for all hours worked while operating the Milling Machine, Punch Press or
Manifold.
7. LEADMAN
There may be a Leadman in each classification and the wages shall be
sixty-two cents ($.62) per hour over Step 8 in the classification directed.
16
SCHEDULE "B"
JOB DESCRIPTIONS
A. LINE ASSEMBLERS
Duties shall consist of the assembling of all products manufactured by the
Company such as critical care units, isolated power units, mobile units, nurses
stations, etc. Typical parts to be assembled are frames, back pans, convenience
mounting straps, end caps, receptacles, outlets, switches, transformers, circuit
breakers and supports, nurse call and code one equipment, elapsed time
indicators, line isolation monitors, dimmers, timers, sub-face plates, fascias,
plastic laminated panels and wiring therefore. Sub-assemblies shall be air
grills, panel frames, door assemblies, ground jacks, group plugs, grounding xxxx
assemblies, circuit break assemblies, mobile unit assemblies, etc. Included in
the assembly work will be the measuring and cutting of aluminum extrusions,
plastic laminated panels, plastic trims and steel supports. Packaging, shipping
and receiving. The above is not all inclusive, but lists typical duties to be
performed and all like assignments shall be performed by Line Assemblers.
B. SPECIAL PRODUCTION WORKERS
Duties shall consist of operating punch press, drill press, welding
equipment, brazing equipment and other heavy duty power operated equipment. The
assemblies to be handled are gas failure alarms, remote hazard indicators,
ground fault indicators, nurses station sub-assemblies and connections,
manifolding or medical gas outlets, and welding of aluminum sub-assemblies. The
above is not all inclusive, but lists typical duties to be performed and all
like assignments shall be performed by Special Production Workers.
Special Production Workers may be assigned duties in the Line Assemblers
category and shall perform these duties without any reduction in pay. Line
Assemblers may be requested to perform duties in the Special Production Workers
category and shall be paid at the Special Production Workers' scale while
performing those duties only.
C. TRUCK DRIVER/YARDMAN
Duties shall consist of driving a truck, or any other type of vehicle
covered by a Class 3 California Drivers License, for the purpose of delivery and
pick-up of materials, stocking and withdrawing such materials, and daily yard
and shop cleanup and other related duties assigned by the Production Manager.
D. RECEIVING & INVENTORY CLERK
Duties shall consist of performing any one or more of the following duties:
receiving and checking incoming shipments of materials, stacking materials and
issuing materials to the factory, keeping of stock in order, operating power
and/or hand lift trucks and driving the company truck for local pickup and
delivery of material.
Receiving duties consists of verifying correctness of shipments against
bills of lading, invoices or other records; checking for shortages and rejecting
damaged goods; routing merchandise and materials to proper departments; and
maintaining necessary records and files.
The above is not all inclusive, but lists typical duties performed by the
Receiving and Inventory Clerk
17
E. GENERAL LABORER
Duties shall consists of performing any one or more of the following
duties; removing turnings and oil from machines, wash and degrease parts, handle
material, cleaning, keeps in an orderly condition factory working areas,
washrooms, offices and yard. Duties may include sweeping, mopping, polishing,
window washing and other housekeeping duties that may be assigned. The above is
not all inclusive, but lists typical duties to be performed by the General
Laborer.
X. XXXXXXX
Duties are to supervise and instruct, lead and guide; allocate work as
directed by the management's representative: as well as perform necessary
production work in all job descriptions; enforce safety rules, check working
conditions and quality control.
All classifications shall be full or part-time as required.
18
SIDE LETTER
Between
HOSPITAL SYSTEMS, INC.
and
ELECTRICAL WORKERS UNION, LOCAL 2131
It is agreed and understood by the parties that the following shall only
apply to employees who have completed the probationary period as of April 30,
1991.:
After four (4) continuous years of service, an employee shall be entitled
to ten cents ($.10) above the rate specified in #1, #2 or #3 in Schedule "A".
After eight (8) continuous years of service, an employee shall be entitled
to ten cents ($.10) above his rate.
After ten (10) continuous years of service, an employee shall be entitled
to an additional ten cents ($.10) above his rate.
IBEW, LOCAL 2131 HOSPITAL SYSTEMS, INC.
/s/ XXXXX XXXXXXXX /s/ XXXXX XXXXXX
BY_______________________ BY______________________
XXXXX XXXXXXXX, XXXXX XXXXXX,
BUSINESS MANAGER, PRESIDENT
IBEW, LOCAL 2131
/s/ XXXX PHUN
BY_______________________
XXXX PHUN..
COMMITTEEMAN
/s/ XXXXX XXXXXXXXX
BY______________________
XXXXX XXXXXXXXX
COMMITTEEMAN
DATE: September 4, 1997
19
