IAM
AGREEMENT
1998 - 2001
ARTICLE I - RECOGNITION
1 ALTEC International (hereinafter referred to as the "Company")
recognizes Local Lodge 2191 of District Lodge 66 of The International
Association of Machinists and Aerospace Workers, AFL-CIO (hereinafter
referred to as the "Union") as the sole and exclusive bargaining agent
for its employees at its La Crosse, Wisconsin manufacturing facility for
the purpose of collective bargaining with respect to the wages, hours
and working conditions of said employees.
2 As used in this Agreement, the terms "employee" and "employees" shall
include all production and maintenance employees, including all craters,
receiving clerks and toolroom employees, but shall exclude all
administrative employees, factory office clerical employees, engineers
and technical employees, standards and factory cost department
employees, professional employees, guards, safety inspectors, nurses,
student trainees and all supervisory employees as defined in the Labor
Management Relations Act.
3 Employees in the above excluded jobs are not covered by this Agreement;
but if employees currently in such jobs subsequently take other jobs
within the coverage of this Agreement, then such employees shall be
eligible to membership in the Union upon such notification to them by
the Company.
4 This Agreement shall be binding on any and all successors and assigns,
who by purchase, lease, transfer of stock or merger, acquire control of
the Company's manufacturing facility in La Crosse, Wisconsin.
ARTICLE II - UNION SECURITY
5 Employees eligible for Union membership as defined in this Agreement
shall be required at the expiration of their probationary period to
become and remain members of the Union in good standing with respect to
the payment of uniformly levied initiation fee and periodic dues as a
condition of employment.
ARTICLE III - HOURS
REGULAR WORK DAY AND WEEK
6 Eight (8) hours shall constitute a regular day's work and not more than
forty (40) hours shall constitute a regular week's work. The regular
work week will begin at 11:00 p.m. on Sunday and will end on Friday.
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SHIFT HOURS
7 The shifts may consist of one day and two night shifts. The regular
working hours are as follows:
3rd Shift 11:00 P.M. to 7:00 A.M.
1st Shift 7:00 A.M. to 3:00 P.M.
2nd Shift 3:00 P.M. to 11:00 P.M.
Third shift weekly start will be 11:00 P.M., Sunday.
8 Regular Lunch Periods.
1st Shift 11:30 A.M. or 12:00 Noon
2nd Shift 8:30 P.M. or 9:00 P.M.
3rd Shift 4:00 A.M. or 4:30 A.M.
All employees are assigned to a three shift basis and will have a paid
15 minute lunch period starting at one of the times listed above in this
paragraph.
ARTICLE IV - OVERTIME
GENERAL
9 Union members xxxx xxxxxxxxx in working of necessary overtime; however,
an employee shall have the right to refuse to perform overtime work
where the Company is able to secure someone else who is experienced to
perform the work.
10 An employee shall have the right to refuse to accept overtime work
whenever they have a reasonable excuse or where the length of time is so
excessive so as to endanger their health.
11 It shall be the policy of the Company to ask for overtime before 12
o'clock for the day shift - 9 o'clock for the second shift and the day
before for the third shift for daily overtime. In no event shall a first
or second shift employee be required to work Saturday when notification
is given later than the end of the employee's Thursday shift nor where
the Saturday shift is more than five (5) hours. For first and second
shift employees, the Company will schedule consecutive 5-hour shifts on
Saturday and/or Sunday except production needs require another schedule.
When two shifts are being scheduled, the first and second shifts will be
scheduled for the same number of hours. Third shift employees will not
be required to work Saturday when notification is given later than one
hour after the beginning of the Thursday shift. The normal Saturday or
Sunday shift for third shift employees is eight (8) consecutive hours.
If a change in schedule is necessary, the area committeeman will be
notified and given the reason for such deviation - this will be done
before the deviation whenever possible. 1st and 2nd shifts will have the
right to work five (5) hours starting on their regular Saturday and
Sunday shift, since the regular shift on weekends is five (5) hours.
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OVERTIME PREMIUM
12 All hours worked in excess of eight (8) in a work day will be paid at
one and one-half (1-1/2) times the regular straight time hourly rate.
13 When an employee works hours prior to or after their normal shift they
will be paid overtime at time and one-half. The exception to this is
when an employee requests earlier starting and stopping time and the
Management agrees, then the Company is not obligated to pay overtime
hours before or after their regularly scheduled shift.
14 The Management has agreed to pay double time for all overtime hours
worked which exceed sixteen (16) hours in any one week with the
understanding with the Shop Committee that the Management has a right to
replace the employee that is working and has put in sixteen (16) hours
overtime. The Management will make the transfers in such cases. The
Management will replace the employee with an employee from within the
department as follows:
1. With an employee from the same department and shift.
2. If possible with an employee from the same department on another
shift.
3. Where employees for replacement are not available within the
department, employees capable of performing the work will be
transferred in from other Departments.
Hours worked on a day observed as a holiday under this Agreement will be
included in such sixteen (16) hours under this paragraph.
SATURDAY AND HOLIDAY PAY
15 All Saturday work shall be paid for at the rate of one and one-half
(1-1/2) times the hourly rate including third shift Saturday work which
starts at 11:00 p.m. on Friday. All work done on Sunday and legal
holidays shall be paid for at the rate of double time except where a
regular third shift starts on a Sunday or a holiday and then the regular
working hours shall be compensated at the applicable regular rate.
OVERTIME CHARGING
16 An employee's overtime record shall be credited with overtime when they
are asked whether they work or not. If the department works overtime, an
absent employee's overtime record shall be charged with any overtime for
which they would have been eligible had they not been absent, including
an employee on vacation or sick leave.
An employee on a day-at-a-time vacation when overtime is scheduled but
who returns before the overtime is worked shall be asked for that
overtime if such employee is eligible and qualified. If such employee
replaces another employee, the employee being replaced is not charged
for that overtime. An employee's absence on Thursday will not jeopardize
that employee's rights to weekend overtime if they return to work on
Friday. However, it will be the employee's responsibility to communicate
with management no later than the start of the lunch period of their
Friday shift to determine if weekend overtime is available.
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Where the applicable rate of pay is time and one-half, the employee will
be charged with one and one-half hours overtime for each overtime hour.
Where the applicable rate of pay is double time, the employee will be
charged with two hours overtime for each overtime hour.
An employee asked to work overtime after the deadlines defined in
Paragraph 11, where the overtime is in a department or shift other than
their own, will not be charged with such overtime refused but will be
charged if they work such overtime.
An employee who is asked to work additional overtime while working a
weekend overtime shift, will not be charged for such additional overtime
if refused, but will be charged if they work such additional overtime.
Telephone offers of overtime where management reaches the employee are
charged whether or not the overtime is worked. Where a message is left
with someone other than the employee, and the employee fails to work,
the overtime will not be charged. All work, or refusal of work, on a day
observed as a holiday under this Agreement is charged.
An employee who accepts an overtime assignment but fails to report for
and work such assignment without being excused by management will be
charged at double the rate charged if the overtime were worked, starting
with the second such instance. Starting with the third such instance,
the employee will be charged triple the rate charged if the overtime
were worked.
No double charge or triple charge will be made for an overtime
assignment missed due to hospitalization of the employee or death or
hospitalization of a member of the employee's immediate family.
17 When an employee is transferred to a different Department, they will get
the average overtime for that Department. When they are transferred back
to their Home Department, they will receive the overtime average of
their Home Department.
OVERTIME DISTRIBUTION
18 The supervisor will keep daily records of all overtime worked by the
employees. In order that the overtime within the various departments is
distributed as evenly as possible, those with the least amount of
overtime shall be asked to work first among those qualified to do the
work. It is recognized that an employee may be qualified to do the
overtime work without holding the applicable job classification. If an
employee is eligible for overtime but declines the hours that are
offered, the overtime may be offered to the next qualified employee. The
xxxxxxx'x copy of the overtime record will be posted at the xxxxxxx'x
desk and kept as current as possible. The names and work centers, where
applicable, of those scheduled for weekend overtime work in the
department and shift will be displayed in the department area by the
supervisor prior to the overtime work to permit checking by employees so
they may determine before the overtime is worked if any errors in
selection have been made. This information is to be used by employees to
point out any overtime assignment errors to the supervisor before the
overtime is worked, wherever possible. When an entire shift in a
department is scheduled for weekend work, a notice displayed to that
effect need not include names and work centers.
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19 The Company will continue its practice of distributing overtime as
equally as possible on the shift in a department.
It is further agreed that the Company will maintain as close a balance
of overtime hours among the shifts within a department as production
necessities and individual skills allow.
OVERTIME ENTITLEMENT ON TRANSFER OR PROBATION
20 A transferred employee shall have to work five (5) days before they are
entitled to overtime. However, they may work if all other people in the
Department have been asked.
21 Probationary employees will not be asked to work until all employees
with seniority working in the department and on the shift, including
transferred employees, have been asked to work; except that when all
employees in the department on all shifts who are qualified for the work
involved have been asked to work and more employees are needed,
qualified probationary employees may be asked.
ARTICLE V - HOLIDAYS
PAID HOLIDAYS
22 All employees on the seniority list shall receive eight (8) hours pay at
their regular straight time hourly rate inclusive of shift premiums for
the following holidays: New Year's Day, Good Friday, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, day after Thanksgiving Day,
December twenty-fourth, Christmas Day and December thirty-first,
providing the employee has worked a major part of their last scheduled
work day before and the major part of their first scheduled work day
after the holiday, providing such days are in the same work week as the
holiday; except where this work requirement is specifically waived by
the Company for reasons of personal urgency.
23 When December twenty-fourth and December thirty-first fall on Saturday
or Sunday, the holidays will be observed on the preceding Friday. When
any other holiday listed above falls on Saturday, it will be observed on
the preceding Friday.
ON LAYOFF AND SICK OR MILITARY LEAVE
24 Employees who have been laid off in a reduction of force during the work
week prior to or during the week in which the holiday falls shall
receive pay for such holiday.
In the event one of the paid holidays falls during an employee's
vacation, they have the option of substituting the day(s) before or the
day(s) after their vacation for said holiday(s).
25 Employees who go on sick leave during the work week prior to or
during the week in which the holiday falls shall receive pay for
such holiday.
Employees who go on military leave during the first or second work week
prior to or during the week in which the holiday falls shall receive pay
for such holiday.
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ARTICLE VI - OTHER PAY PROVISIONS
CALL BACK PAY
26 Any employee called back for work outside their regularly scheduled
hours shall receive not less than two (2) hours pay at their applicable
rate.
REPORTING PAY
27 When an employee reports for work and no work is available, they shall
be paid up to four (4) hours at their regular straight time rate for the
time lost during the first half of their shift unless they were notified
in advance of the starting time of their shift not to report for work.
However, if stoppage of work is due to fire, lightning, failure of power
lines or other causes beyond the Company's control no payment for lost
time shall be made.
28 The Management agrees that an employee shall be notified when not to
report for work by either, the supervisor of their department, the
Personnel Department or the Management, provided the employee has
furnished the correct phone number to the Company. If the correct phone
number is not provided and the employee cannot be contacted, no
reporting pay will be paid.
TIME LOST DUE TO INJURY
29 If it has been established that an injury to an employee has arisen out
of and in the course of their employment with the Company, and the
employee is instructed by the Medical Department to receive outside
treatment for the injury during the current shift, they will be paid for
time necessary to obtain such treatment. If follow-up outside treatment
is required which cannot be scheduled outside the employee's regular
working hours, the employee will be paid up to two (2) hours at their
regular straight time hourly rate for time lost from their regular
working hours for any such follow-up visits.
30 In the event an employee is instructed by the Medical Department to
receive subsequent outside treatment during their regular shift because
of their inability to continue work due to the original injury, they
will be paid for time necessary to obtain such treatment.
31 In any case in which an employee believes outside treatment for the
injury is necessary during their regular working hours even though the
Medical Department has refused to instruct them to receive such outside
treatment, the employee may at their option leave work to receive
outside treatment. Should it be determined that the treatment was
necessary in order the employee continue work or if it is determined
that they are unable to continue work, the employee will be paid for the
time lost from their regular working hours in accordance with Paragraphs
29, 30, and 32.
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32 If the employee loses time and the attending physician determines they
is physically unable to work the balance of the shift on which they
received outside treatment due to the severity of the injury, they shall
be paid for the balance of that regular shift, but not to exceed eight
(8) regular hours, upon furnishing proof of the physician's
determination. If an employee is injured while working in the plant and
such injury arises out of and in the course of their employment, and the
injury is of such nature as to prevent the employee's return to work for
an initial period of three (3) or more consecutive calendar days
excluding Sunday or paid holiday or vacation following the day of
injury, then the Company will pay such employee a sum equal to the
current sickness and accident daily benefit rate for each of such three
(3) days; provided however, that such payment shall not be made if the
Workmen's Compensation carrier of the Company is required to pay the
employee Workmen's Compensation for the three (3) day period following
the day of injury.
33 Under the following circumstances the Company will pay for up to two and
one-half (2-1/2) hours for working time lost by an employee on Monday:
1. An employee is injured at work on a Saturday and obtains outside
treatment.
2. An injured employee is instructed by their doctor to report for
medical evaluation on the following Monday morning before going to
work.
3. The employee notifies their supervisor in advance that they won't be
in on time.
4. The employee reports for work on the Monday involved before 9:30 a.m.
BEREAVEMENT
34 An employee with seniority, who is working at the time, will be granted
three (3) regular working days off with pay in the event of a death in
the employee's immediate family. Immediate family is defined as the
employee's wife, husband, father, mother, son, daughter, brother,
sister, father-in-law or mother-in-law. An employee may take the time
off with pay later than the day of death or funeral if circumstances
warrant and are a direct result of the death. An employee with
seniority, who is working at the time, will be granted one (1) regular
work day off with pay to attend the funeral of a grandparent or
grandchild of the employee.
JURY DUTY
35 An employee with seniority shall be excused from work on a work day on
which they are called to perform jury service in a court of record,
provided they give prior notice to the Company.
36 An employee with seniority who is excused from work for jury service and
who furnishes the Company with a statement from the court with regard to
jury pay received and time spent on jury service will be reimbursed by
the Company as follows:
1. All employees will receive eight (8) hours pay at their regular
straight time rate including all applicable premium pay less the
amount received as jury pay for each day they are called to serve
as a juror.
2. A day of jury duty is defined as any day for which the employee is
required to appear regardless of having served, certified by
written statement from the court.
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ARTICLE VII - SENIORITY
37 It shall be the policy of the Company to recognize seniority. To
accomplish this, there shall be one seniority list covering all
employees in all production departments. Where two or more employees
gain seniority on the same day, their relative seniority shall be
determined by last name alphabetical sequence with, for example, an
employee whose last name begins with "A" being regarded as senior to one
whose last name begins with "B". Last name changes due to marriage, etc.
which occur after the day on which an employee gains seniority shall not
affect seniority.
In the event that, before June 1, 1988, a person who, as of the
effective date of this agreement, is an employee of the Trane Company
temporarily assigned to ALBRAZE International (ALTEC International) the
ALBRAZE (ALTEC) seniority date of said person will be January 5, 1986.
Notwithstanding the provisions of Paragraph 39, above, the relative
seniority of employees whose ALBRAZE (ALTEC) seniority date is January
5, 1986 shall be determined by the among of Trane Company seniority
which they possessed as of the effective date of this Agreement.
PROBATIONARY PERIOD
38 An employee shall have no seniority rights until the completion of their
probationary period. The probationary period shall consist of sixty (60)
actual days worked. This calculation does not include overtime outside
the normal schedule. The date given the employee for their seniority
standing will be the day following the end of their probationary period.
39 An employee shall lose their seniority rights for the following reasons:
1. If they shall voluntarily terminate their employment with the
Company.
2. If they have been discharged for just cause.
3. After being laid off, if an employee fails to report for work
within five (5) days after being notified by the Company, through
the Personnel Department by Certified letter, provided, however,
that no employee shall lose their seniority rights if their failure
to so report is the result of sickness or causes beyond their
control, in which case the employee shall furnish written proof as
to that fact.
4. If for any reason an employee has had twenty-four (24) consecutive
months of unemployment with the Company or a period equal to
one-half (1/2) of their seniority, whichever is greater.
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LAYOFF
40 When it becomes necessary to reduce the working forces, the last
employee on the plant seniority list shall be the first employee laid
off, etc., and the last employee laid off shall be the first employee
recalled, etc., except as hereinafter provided. Before any layoffs or
recalls of any employees occur, a list of employees to be laid off or
recalled will be presented to the Shop Committee as to the employees
laid off or recalled and the effect on seniority; but this shall not in
any way interfere with the right of the Company to reduce its force.
EXEMPTIONS AND DEVIATIONS FROM LAYOFF
41 All welders, electricians, and toolroom employees are exempt from the
seniority clause as to layoff as long as they are needed on their
exempted jobs. It is understood that an exempted employee must have
demonstrated the capability to perform the required job. If the Company
replaces an employee exempted in one of the above jobs with an older
qualified employee, the exempted employee will be laid off.
42 Deviations from straight plant seniority in addition to those listed
above can only be made for justifiable reasons, that is, when an
employee's qualifications are essential on available work and no senior
employee not subject to layoff has the necessary qualifications. The
Company will specify such exemptions to the Shop Committee sufficiently
in advance of the layoff giving the specific reasons for such deviations
in each case. The Company will endeavor to find alternate qualified
employees not subject to layoff for such exempted employees to replace
those so exempted. The Company will not be required to make more than
two transfers to replace one employee under this paragraph.
43 The parties may discuss from time to time the problem of deviations from
seniority on layoff.
44 If the Union does not agree with certain exemptions, the Company and the
Shop Committee shall make every effort to resolve their differences
before resorting to the grievance procedure.
LAYOFF NOTICE
45 When layoffs, because of lack of work, are in accordance with straight
seniority, the employees affected shall be given three (3) working days
notice before being laid off for a period of two (2) weeks or more. It
is further agreed that in case of material shortages resulting from
conditions beyond the Company's control, the three (3) days' notice
provision will be waived. Employees exempted from layoff who are to be
laid off because they are no longer needed on the work for which they
are exempted may be laid off without notice. However, first and second
shift exempted employees will work to the end of the shift in which
layoff notice is given. Paragraph 27 will apply to third shift exempt
employees who are to be laid off without notice.
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ONE DAY LAYOFFS
46 Layoffs, due to lack of work or material shortages, will be made by
seniority in a department, provided such a layoff does not exceed eight
(8) hours in any one week. For any layoff in excess of eight (8) hours
in any one week, the procedure set forth in Paragraphs 40-44 will be
followed. This paragraph is not intended to be used to establish a
regular work week of less than five (5) days for the employees in any
department, and shall be applied in such a way that no employee is
affected in their department more than six (6) times nor more than three
(3) consecutive weeks in a twelve (12) month period. The Union Committee
will be notified in advance of any layoff under this paragraph.
INVENTORY
47 In the event that production is interrupted due to the taking of
inventory, the parties will meet to discuss appropriate work
assignments.
ARTICLE VIII - TRANSFER
REQUESTS FOR TRANSFER
48 All requests for permanent transfers by employees may be granted by the
mutual consent of the Shop Committee and Management. The selection of
employees shall be based upon the Job Selection Guidelines.
49 When an employee is granted a job or department transfer at their own
request they shall have a trial period of up to thirty (30) days. The
exception to the foregoing sentence is in cases where an extension of a
trial period, due to skills is requested by the Company or the Union,
and such extension is agreed to by the Company and the Union. they will
receive the rate of the job they are performing while on transfer if
they are qualified. If it is decided to make the transfer permanent, the
employee will be given a rating for which they are qualified.
1. When such request is made, the Union and the employee and the
supervisor will receive a written notification.
2. In the event that an employee is accepted for training on a job
with a labor grade higher than their present job they shall, when
they complete the trail period, be paid the time and grade rate of
the new job which is closest to but not less than their time and
grade rate on their former job.
3. It is agreed that in cases where an employee has upgraded to a
higher skilled job and as a result would receive lower progression
rate, such employee would not receive less in the new posting
(upgrade) than they would in their old position. This inconsistency
results from the increases to the maximum rate level for each
position. Each situation would be dealt with individually. No
change will be made to the progression levels in the rate
structure.
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FORCED TRANSFERS
50 When an employee is forced to accept a permanent job or department
transfer due to a shortage of work, material, manpower, etc., such
employee shall carry their present classification rate for a period of
six months. An employee will receive the rate of the job they are
performing while on transfer if they are qualified and if the rate is
higher. After six (6) months the employee will be given a rating in the
new department for which they are qualified.
If, up to three (3) months from the employee's date of forced transfer a
position opens up in their home department, the employee will have the
option to return to their home department, if they are qualified for the
position.
SENIORITY PRINCIPLE
51 It shall be the policy of the Company to follow the principle of
seniority whenever skill is not a consideration when moving transferred
employees out and returning employees to their home department.
Employees will be transferred from their home department by inverse
seniority regardless of shift assignment provided the remaining
employees are qualified to perform the work.
When it is necessary to transfer employees and the position to be
transferred to is a job of a higher labor grade than in the department,
employees are to be transferred by seniority. Senior employees will be
offered said transfer prior to junior employees being forced to
transfer, provided the remaining employees are qualified to perform the
work. Transferred employees will be returned to their home department on
the basis of seniority whenever skill is not a consideration.
EXCEPTION FOR UNION REPRESENTATIVES
52 1. A department xxxxxxx or a member of the Shop Committee will not
be transferred from their home department nor subject to being
replaced on their shift. This provision shall not be construed to
give extra seniority to such representative in the event of a
layoff, nor to prevent such Union Representative from exercising
their seniority.
2. In the event the selection of a safety xxxxxxx is other than a
department xxxxxxx, the language of paragraph #1 above will apply
to said safety stewards.
CALLING BACK TRANSFERRED EMPLOYEES
53 When it is established that there is a need for additional personnel for
ten (10) working days or more in a Department, with employees out on
transfer such employees will be returned to their Home Department to
fill the need in accordance with Paragraph 51 unless such need is being
met temporarily by an employee with physical limitations who is unable
to perform their normal duties. Such needed employees will be returned
to their home department as soon as possible but not later than thirty
(30) calendar days. Presence of a physically limited employee in a
Department will not result in a senior employee on transfer losing their
rate or job.
54 Except where production needs reasonably require otherwise, employees
shall not be placed in a department where employees are transferred out
prior to returning those on transferred back to their home department by
seniority.
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It is recognized that in order to use the work force efficiently and
keep people working in so far as possible, the company requires
flexibility in farming or transferring employees for a period of time,
due to the reduction of work in the Home Department, or their specific
skill is needed in another department, or because of the production need
of another department. The farming of an employee shall be by inverse
seniority by shift, and will not exceed 10 working days.
WAGE RATE HANDLING
55 When an employee is transferred into a job classification they
previously carried, they shall receive the rate for that job
retroactively, after accumulating five (5) full days, provided such a
rate is higher than they are carrying. If they continue on the job for a
period of six (6) months, their short term rate shall become their new
classification.
NOTICE OF TRANSFER
56 The Company will endeavor to give each employee a Notice to Report Form
on the day preceding the transfer or shift change by 12:00 P.M. (noon)
on the first shift, 9:00 P.M. on the second shift and 4:45 A.M. on the
third shift.
NEW TECHNOLOGY, PRODUCT TRANSFER OR DISCONTINUANCE
57 The Company and the Union agree that it is to both their mutual benefit
and a sound economic and social goal to utilize the most efficient
machines, processes, methods and/or materials. In this way, the Company
will be able to compete effectively in the market place and, thereby,
provide economically secure jobs for its employees.
58 When the Company changes technology, transfers a product line or a
portion thereof from La Crosse, or discontinues the manufacture of a
product line or portion thereof at La Crosse, or merges two or more
departments and as a result of such action a department is dissolved or
a major portion of the regular employees in such department are no
longer needed on their jobs, each employee in the department whose job
is abolished because of this action will be subject to the following
procedure:
1. Prior to the implementation of any of the above, the Company will
meet with the Union to discuss the impact.
2. The Company agrees to train displaced employees within a reasonable
period of time (6 months or less) for available positions.
3. Employees in classifications and areas will be handled in a manner
consistent with marginal paragraph 50 of the agreement.
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NEW DEPARTMENT
59 A new department is created when a new product line is originally
manufactured in a separate plant area, and such department is assigned a
new department number. When a new department is created, the Company and
the Union will agree upon a procedure for the distribution of
information regarding the department and the minimum requirements
therefore. The selection of the employees will be made in accordance
with Paragraphs 48 and 64 and the provisions of Paragraph 49 shall also
apply.
The Job Selection Guidelines will be the determining factor when
making the selection.
UPGRADING
60 1. The Company will continue to upgrade employees to higher skilled
jobs where possible to do so. The fact that an employee is
proficient on their current job will not in itself be the cause to
prevent their being upgraded to a higher skilled job.
2. When a successful bidder is selected to report to the posted/notice
job they can be held up to thirty (30) days in their current job.
If it is necessary to hold the employee beyond the thirty (30)
days, the employee will be reimbursed for any monetary loss upon
the successful completion of the training/trial period for the new
job.
TRANSFER TO LIGHTER WORK AND INCAPABILITY
61 When a senior employee, who is at the time working, requests a transfer
to light work, or the Company determines that such an employee can no
longer perform their job due to advanced age, physical incapacity or is
incapable of performing their regular job, the Company and the Union
will discuss the problem with the intent of:
1. Assigning them to available work which they are able to perform and
which needs to be performed, and
2. Paying for such work at the wage rate of the job they would be
performing.
It is understood that the above does not obligate the Company to make
work for an employee or to assign an employee to work which they cannot
perform satisfactorily.
LEAVING OR RETURNING TO BARGAINING UNIT
62 Any member of the bargaining unit who has been promoted or transferred
or is promoted or transferred to a position outside the bargaining unit
described to a position outside the bargaining unit described in Article
I shall maintain the amount of seniority they had at the time of such
promotion or transfer and will not continue to accumulate seniority
within the bargaining unit.
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Should such employee request to return to the bargaining unit or should
the Company decide to return such employee to the bargaining unit, they
will be reinstated with the amount of seniority they maintained at the
time of their promotion or transfer. The Company agrees that it will not
return employees to the bargaining unit for the purpose of temporarily
reducing the staff of non-bargaining unit employees. When such employee
returns to the bargaining unit, their job and department assignment will
be at the discretion of the Company. The Union will be notified of the
job and department assignment five (5) days prior to such assignment
wherever possible. However, they will not be placed in a department
where their assignment would cause the transfer of a regular department
employee then working in the department or where there are employees out
of such department on transfer, or where there is not a need for them in
the department for at least ten (10) working days. Furthermore, upon
return to the bargaining unit, such an employee will be assigned a labor
grade no higher than the highest they held in the three-year period just
prior to their promotion from the bargaining unit.
63 Nothing, however, contained in Paragraph 61 shall be construed as
limiting the Company's right to discharge any employee promoted or
transferred from the bargaining unit for cause.
Should any employee who has been promoted or transferred from the
bargaining unit and then returned to the bargaining unit under the above
procedures, be subsequently again promoted or transferred from the
bargaining unit, they will lose all seniority status ion the bargaining
unit on the date of such promotion or transfer.
An initial temporary vacation replacement assignment of up to 3 months
outside the bargaining unit will not be counted toward the limitations
of this paragraph.
TRANSFERS NOT COVERED
64 All transfers not covered elsewhere in this Agreement shall be discussed
with the Shop Committee before such transfers are made.
ARTICLE IX - SHIFT TRANSFERS
VOLUNTARY SHIFT EXCHANGE (UP TO 1 WEEK)
65 Voluntary shift exchanges which are approved by management will be
permitted between two (2) employees in the same department on a
temporary basis (up to 1 week) if such exchange conforms to the
Xxxxx-Xxxxxx Act and does not cause overtime payments. No changes in
night shift premium will be made for either employee involved in
temporary shift exchange under this paragraph.
VOLUNTARY SHIFT EXCHANGE (MORE THAN 1 WEEK)
66 A request for an exchange of shifts - for up to one (1) year by two
employees in the same department will be permitted providing:
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1. Neither employee puts in more than eight (8) hours in a 24-hour
period in making the exchange, to conform with the Xxxxx-Xxxxxx
Act.
2. Neither of the employees making the exchange may do so again within
a period of one (1) year.
3. The qualifications and experience of both employees are relatively
equal.
4. Such request must be in writing to the Company, signed by the
employees involved, specifying the duration of the voluntary shift
exchange, with a copy to the Union.
5. With respect to this paragraph, all other provisions of this
Agreement shall apply.
SHIFT PREFERENCE
67 An employee upon attaining seniority may replace a junior employee in
the same skill on a different shift in the same department subject to
the following:
1. When an employee gains seniority they can be replaced by a senior
employee.
2. Where the senior employee is replacing an employee in the same or a
lower rated labor grade, the Company will in all instances where
possible train a replacement within three (3) months for the senior
employee so that they will be able to exercise their shift
transfer. The training period will start within a one (1) week
period after the employee's written request is acted on at the
regular meeting.
3. Employees shall have the right to change shifts under this
Section no more than (4) times within each calendar year.
TRANSFER TO NIGHT SHIFT
68 When it is necessary to transfer a first shift worker to the second or
third shift or a second shift worker to the third shift or the starting
of a second or third shift, the youngest employee by seniority in the
Department capable of doing the work involved shall be so transferred,
unless a senior employee has preference to be transferred to the shift
involved.
ARTICLE X - POSTED VACANCIES
69 Should a vacancy occur within the Department due to retirement,
termination, promotion, etc., the Company will discuss with the Union if
said vacancy needs to be filled.
1. Employees from within the department where the opening is, will be
offered said openings by seniority before moving to step #2 of this
paragraph.
2. When a vacancy exists, the posting shall indicate the department,
shift and for information purposes only, an identification of the
major department functions(s), and a listing of typical labor
grades in the department.
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3. If the posted vacancy is filled by an employee from the posted
department from another shift, this transfer may result in a
vacancy on their shift, which in that event will be posted. No
further transfer or postings will be made.
4. If the posted vacancy is not filled by someone from the posted
department, it may be filled by a bidder from another department.
5. If an employee, after having received a posted vacancy, returns to
their home department, a second employee from the original list of
bidders may be selected to fill the vacancy.
6. If an employee is selected for a posted vacancy and subsequently
returns to their Home Department at their own request, they shall
be restricted from bidding on another posting for a period of six
(6) months from the date of transfer to the posted vacancy.
7. Vacancies will be filled based on the Job Selection Guidelines
established and agreed to by the Union and Company.
8. When additional personnel are required the Company will post a
notice.
9. The Company and Union will review notices prior to publication.
When an employee is selected for a position and completes the training period,
said employee will be restricted from bidding on another posting or notice for
four (4) months. This is not intended to prevent an employee from bidding on a
higher skilled job during this four (4) month period.
ARTICLE XI - RULES AND REGULATIONS
70 1. Pilfering, which includes the stealing or taking away of any
Company property (including scrap) without the written permission
of the Production Manager or their agent is prohibited.
71 2. Falsification by an employee of their own starting and stopping
time is prohibited.
72 3. Carelessness of an employee which contributes to the injury of a
fellow employee; any act of an employee which does or might
contribute to the serious injury of an employee, which includes
fighting on Company property; or any intentional act which results
in the destruction, the defacing of Company property, or the
writing of indecent language, drawing obscene drawings on cards,
bulletin boards, walls, or any other part of the Company property,
is prohibited.
73 4. The use or possession of intoxicants or controlled substances on
the Company's premises or on Company's premises or on Company time
is prohibited.
74 A VIOLATION OF ANY OF THE RULES AND REGULATIONS NUMBERED ONE
(1), TWO (2), THREE (3), OR FOUR (4) WILL BE CAUSE FOR IMMEDIATE
DISCHARGE.
75 5. Those employees who are capable of performing their assigned
job efficiently and capably, but who fail to do so, will receive
a written warning, a copy of which will be given to the Shop
Committee. The employee will be given at least thirty (30) days
to show satisfactory improvement. If following receipt of the
written warning, the employee fails to show satisfactory
improvement, they will, not earlier than thirty (30) days and not
later than sixty (60) days following such receipt, be given a one
(1) week suspension. Where an employee's previous service record
has been good, the length of the suspension may be modified. If
the employee receives a second written warning with six (6)
months of the beginning of their suspension, they will be given
at least thirty (30) additional days to show satisfactory
improvement. If, following receipt of the second written warning,
the employee fails to show satisfactory improvement, they may,
not earlier than thirty (30) days and not later than sixty (60)
days following such receipt, be discharged. In all cases under
this rule, an employee's previous Company service record shall be
given consideration before the discharge penalty is invoked. The
time periods given in this paragraph are understood to be periods
"of working time".
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"WORKING TIME" DEFINED
76 The phrase "working time" referred to in Paragraph 75 of this Agreement
shall include periods during which the employee is actually working,
vacations, time lost due to bona fide illness or injury, military
training, and a consecutive absence of six (6) months or more for any
reason. Each period of time three (3) months, one (1) year, etc.
followed by "working time" will in every case terminate no later than
eighteen (18) months after the date it begins.
REPORTING ABSENCE
77 6. All employees must call into the Central Reporting System when they
are unable to report for work, unless their absence has been approved
in advance by their supervisor. Employees calling in to the Central
Reporting System must give a reason, i.e., personal business, sick,
injury..., for their absence and the date they expect to return to
work. Whenever possible, the call to the Central Reporting System
should be made prior to the start of the employee's shift.
EXCUSED ABSENCE DEFINED
78 The following absences will be excused when approved by the Company and
will not be subject to the progressive discipline procedure:
1. Jury duty, military duty, funeral leave, occupational
illness/injury, supervisory pre-approved leaves of absence,
vacation, paid holidays, not scheduled for work, Union business,
sickness, and situations that are caused by extenuating
circumstances not preventable by the employee.
2. Employee must provide medical proof acceptable to the Company upon
returning to work, if they have excessive absenteeism, as defined
in Par. 81-3.
THE FOLLOWING LANGUAGE WILL APPLY WHEN AN EMPLOYEE HAS REACHED THE THIRD
STEP OF THE UNEXCUSED ABSENCE - DISCIPLINE AS DEFINED IN PARAGRAPH 81 OF
THE CURRENT LABOR AGREEMENT.
UNEXCUSED ABSENCE DEFINED
Unexcused absence is defined as:
1. Failure to notify the Company before the absence or on the first
day of absence prior to the start of the employees shift except
where the employee furnishes proof that it was impossible to give
such required notice, the absence will be unexcused.
2. Absence which is not excused by the Company even though it is
reported on time. An employee having an excessive absentee record
must furnish proof acceptable to the Company that their absence was
the result of sickness or causes beyond their control to be excused
for such absence.
UNEXCUSED ABSENCE LIST REVIEW
79. Six (6) months after an employee is placed on the unexcused absence
list, a review of their attendance record will be made. If the employee
has demonstrated a substantial improvement in their attendance record
during the six (6) month period, they will be removed from the list.
80 In deciding whether an employee with an excessive absentee record shall
be removed from or continued on the unexcused absence list, the Company
will not consider those absences properly supported by proof acceptable
to the Company as required above as reason for continuing the employee
on the unexcused list.
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UNEXCUSED ABSENCE - DISCIPLINE
81 Unexcused absences will be subject to the following schedule of
discipline:
1. An unexcused absence for any violation for any regular workday will
result in a documented verbal warning to the employee for the first
violation.
2. A second unexcused absence within a period of six (6) months from
the date of the first violation will result in a second documented
verbal warning.
3. A third unexcused absence within a period of six (6) months from
the date of the second documented verbal warning will result in a
written warning.
4. A fourth unexcused absence within a period of six (6) months from
the second documented verbal warning will result in a three (3) day
suspension without pay.
5. A fifth unexcused absence within a period of six (6) months from
the second documented verbal warning will result in a five (5) day
suspension without pay.
6. A sixth unexcused absence within a period of one (1) year from the
second documented verbal warning will subject the employee to
immediate discharge.
CONSECUTIVE REGULAR WORKING DAYS OF UNEXCUSED ABSENCE
WILL BE CONSIDERED AS A SEPARATE VIOLATION.
82 7. 1) Insubordination.
2) The refusal of any employee to obey the work orders of their
immediate supervisor(s) is prohibited.
3) Extreme insubordination will be cause for discharge.
83 8. Any employee who directly or indirectly willfully slows down or
limits production of himself or another employee, or machine, will
have violated these Rules and Regulations.
84 ANY VIOLATION OF THE RULES AND REGULATIONS NUMBERED SEVEN (7),
OR EIGHT (8) SHALL SUBJECT THE EMPLOYEE TO ONE (1) WEEK'S LAYOFF
WITHOUT PAY FOR THE FIRST VIOLATION AND DISCHARGE FOR THE SECOND
VIOLATION WITHIN A PERIOD OF ONE (1) YEAR OF WORKING TIME.
85 9. Being under the influence of intoxicants or controlled
substances while on the job is prohibited.
86 10. The employees agree not to loaf during regular working hours.
87 11. Employees are prohibited from doing other than Company
work during working hours, and from using machinery, tools and
equipment or Company materials for personal use.
88 ANY VIOLATION OF THE RULES AND REGULATIONS NUMBERED NINE (9)
THROUGH ELEVEN (11) SHALL SUBJECT THE EMPLOYEE TO A ONE (1)
WEEK'S LAYOFF WITHOUT PAY AND TWO (2) VIOLATIONS WITHIN THREE (3)
MONTHS OF WORKING TIME OR THREE (3) VIOLATIONS WITHIN A YEAR OF
WORKING TIME WILL SUBJECT THE EMPLOYEE TO DISMISSAL.
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89 12. Employees shall be at their work at the designated
starting and stopping times. Washing up except when designated
by the supervisor or for safety or hygienic purposes shall be
done after the designated stopping times.
90 13. Employees shall observe designated starting and stopping times.
91 14. Leaving the plant without permission.
92 If an employee's attendance record is good, permission to leave for
personal reasons will be granted by their supervisor provided the
request is made not later than one-half (1/2) hour after the beginning
of their work shift.
It is agreed that the intent of this paragraph is to enable an employee
with a good attendance record to leave work to attend to pressing
matters not readily attended to outside their regular working hours.
Any abuse of this intent by an employee will be a violation of Rule 14.
Permission shall be automatically granted in cases of extreme emergency
(death, serious illness or accident in family, etc.). However, in such
emergency cases, the employee shall notify their supervisor wherever
possible before their departure.
93 FOR THE FIRST VIOLATION OF THE RULES AND REGULATIONS NUMBERED TWELVE
(12) THOUGH FOURTEEN (14), THE EMPLOYEE WILL BE SUBJECT TO A WRITTEN
WARNING. FOR A SECOND OFFENSE WITHIN SIX (6) MONTHS OF WORKING TIME, THE
EMPLOYEE WILL BE SUBJECT TO SUSPENSION FOR ONE (1) WEEK. FOR A THIRD
OFFENSE WITHIN ONE (1) YEAR OF WORKING TIME, THE EMPLOYEE WILL BE
SUBJECT TO DISCHARGE.
94 The general rules of safety must be observed. Failure to do so will
incur the penalties as set forth in the Safety Code. The Company will
cooperate to see that these rules of safety are observed by all
employees.
TARDINESS
95 If an employee is tardy, they will be excused provided they have a
reason for their tardiness acceptable to the Company. In deciding on the
acceptability of such reason, the Company will not act in an arbitrary
manner.
An employee who has an unexcused tardy two (2) time or more in a
calendar month will receive a written warning slip from the Company.
Receipt of three (3) warning slips within one (1) year will subject an
employee to a three (3) day disciplinary suspension.
Receipt of three (3) warning slips within six (6) months of the date
of the three (3) day suspension warning will result in a five (5) day
suspension.
Receipt of three (3) warning slips within six (6) months of the five
(5) day suspension warning will subject the employee to immediate
discharge.
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DISCIPLINE OR DISCHARGE
96 When it is necessary to discipline or discharge an employee for just
cause, the Company will issue a written notification to the employee and
to the Union within four (4) working days after the Production Manager
or designated Company representative has knowledge of the improper
conduct or performance, unless special investigation is required and the
Union is so notified. A disciplined or discharged employee must file a
written grievance within five (5) working days of the foregoing
notification otherwise the discipline or discharge will be final.
WHEN UNION REPRESENTATION IS REQUIRED
97 If a Union employee is summoned into the office to answer a charge of
violating the rules and regulations, they shall have Union
representation.
The Company will maintain an employee assistance program which is
mutually acceptable to the Company and the Union.
ARTICLE XII
GRIEVANCE PROCEDURE AND ARBITRATION
GRIEVANCE PROCEDURE
PREAMBLE
98 It is the conviction of the Parties that prompt and fair handling of
complaints of employees and charges of violation and provisions of this
Agreement will lead to more efficient operations and more harmonious
relations among the employees, the Union and the Company.
If order to be considered within the grievance procedure a complaint of
an employee or a charge of violation of this Agreement must be brought
to the attention of the Company within ten (10) calendar days of the
event causing the complaint or charge or within ten (10) calendar days
after the date on which such event should reasonably have become known.
STEPS
99 STEP 1: Before any complaint of an employee or charge of violation of
any provisions of this Agreement shall be considered a grievance, there
shall be a discussion of such complaint or charge between the employee
and the supervisor or these two and the department xxxxxxx with an
attempt to settle it. It is understood that no settlement at Step 1 can
establish a precedent for future cases. It is further understood that no
settlement at any Step of the grievance procedure can be inconsistent
with the provisions of this Agreement.
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100 The supervisor will give their answer to the complaint or charge within
two (2) working days. If the complaint or charge (hereinafter referred
to as a "grievance") is not carried to Step 2 within three (3) working
days from the time of the xxxxxxx'x answer, it shall be considered
settled.
101 In investigating a grievance and in discussing it with the xxxxxxx, the
department xxxxxxx will take only such time as is reasonably necessary.
102 STEP 2: If a grievance is not settled at Step 1, the department xxxxxxx
shall notify the Shop Chairman. The Shop Chairman may then enter the
department to investigate the grievance and may discuss it with the
Production Manager or designated Company representative. If not settled,
the grievance will then be reduced to writing, signed by the aggrieved
employee and presented to the Production Manager or their designated
representative.
The Production Manager or their designated Company representative will
forward their written answer on the grievance to the Shop Chairman
within three (3) working days after their receipt of the written
grievance.
103 STEP 3: If the grievance is not settled in Step 2, the Union will
present the grievance to the Manager of Operations within five (5)
working days after receipt of the Production Manager's or designated
Company representative's answer. If the grievance is not presented to
the Manager of Operations within the five (5) working day time limit, it
shall be considered settled.
Any grievance involving disciplinary time off or discharge may be
initiated by the Shop Chairman directly at Step 3.
Within ten (10) working days after the grievance is presented to the
Manager of Operations a meeting will be held between the Manager of
Operations and the Shop Chairman. A representative of the IAMAW may be
present and participate in this meeting.
The Manager of Operations will forward their written answer on the
grievance to the Shop Chairman within five (5) working days after the
Step 3 meeting.
104 STEP 4: If the grievance is not settled in Step 3, the Union will
present the grievance to the President of the Company within five (5)
working days after the receipt of the Manager of Operations' answer. If
the grievance is not presented to the President of the Company within
the five (5) working day time limit, it shall be considered settled.
Within ten (10) working days after the grievance is presented to the
President of the Company a meeting will be held between the President of
the Company and another management representative, and a representative
of the IAMAW and the President of the Local Union.
The President of the Company will forward their written answer on the
grievance to the IAMAW representatives within five (5) working days
after the Step 4 meeting.
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105 STEP 5: If no settlement is reached at Step 4, the following will apply:
1. If the grievance involves a potentially continuing liability to the
Company a request for arbitration must be made within seven (7)
working days following receipt by the Union of the President of the
Company's Step 4 answer. Such request must be made in writing by
the IAMAW representative to the President of the Company. If no
such request is made within the seven (7) working day time limit,
the grievance will be considered settled.
2. If the grievance does not involve a potentially continuing
liability to the Company, a request for arbitration must be made
within sixty (60) calendar days following receipt by the Union of
the President of the Company's Step 4 answer. Such request must be
made in writing by the IAMAW representative to the President of the
Company. If no such request is made within the sixty (60) calendar
day time limit, the grievance will be considered settled.
MONETARY ADJUSTMENT LIMITATION
106 If any Step 1 settlement, grievance settlement, or arbitration decision
involves monetary adjustment, such adjustment shall be made effective on
the date the complaint or charge was presented to the supervisor at Step
1 or directly initiated at Step 3 and shall not be made retroactive for
any period prior to said date.
TIME LIMITS
107 The time limits set forth in the grievance procedure may be extended
by mutual agreement.
ARBITRATION
SELECTION OF ARBITRATOR
108 The parties will make every reasonable effort to agree upon a permanent
arbitrator. In the event a grievance is appealed to arbitration before a
permanent arbitrator has be selected, the parties will make every
reasonable effort to agree upon an arbitrator to decide said grievance.
If the parties cannot reach mutual agreement to the American Arbitration
Association to select an arbitrator in accordance with normal AAA
procedures.
ARBITRATION ARRANGEMENTS
109 The arbitrator chosen shall be notified of their selection and advise
the parties of their fee in advance of the hearing of the hearing.
Expenses and charges by the arbitrator shall be borne equally by the
Company and the Union.
110 A date mutually satisfactory to the parties shall be agreed upon and the
dispute or grievance shall be submitted to the arbitrator. After all
facts and testimony have been presented by both parties, the arbitrator
shall render their award as soon as reasonably possible.
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GENERAL
111 A question raised by either party as to the arbitrability of a grievance
shall be subject to arbitration. The function of the arbitrator shall be
of judicial nature. The decision of the arbitrator will be final and
binding upon the parties, but they shall not have the power to add to,
subtract from or modify the terms of this Agreement and shall decide
only the issues properly before him. An arbitrable grievance must
involve a question of interpretation or application of the terms of this
agreement. The decision of the arbitrator will be complied with as soon
as possible.
ARTICLE XIII - UNION REPRESENTATIVES
GENERAL
112 The Union will inform the Company of the names of all Union officials
including stewards. It is agreed that no employee will be discriminated
against because of elected status in the Union.
The Company will agree to such arrangements as may be necessary for the
Shop Chairman and/or Union stewards to carry on their Union duties. Such
arrangements shall include permission for the Union representatives to
leave their department and go to any other department within the
bargaining unit to investigate and/or bring about a proper and
expeditious disposition of a grievance or complaint.
The Company will pay the Shop Chairman and/or Union stewards for working
time lost in processing grievances, and joint Union-Company conferences.
The number of Union stewards may be adjusted by mutual agreement of
the Company and Union.
The view of the Company's agreement above to compensate Union
representatives for working time lost, the Union agrees that such time
will be limited to that which is reasonably necessary to accomplish the
Union duties described above.
ABSENCE FOR UNION BUSINESS
113. Regular members of the Shop Committee who are to be absent on legitimate
business of the Union will be excused for such absence, providing
advance notification is given to their supervisor. Upon advance notice
from a designated officer of the Union to the Production Manager or
their designated representatives, employees other than Union
representatives will be excused from work to perform legitimate Union
business provided the number requested does not interfere with
production requirements.
Any time spent on Union business in accordance with this paragraph is
considered as time worked in qualifying for vacations, pension, profit
sharing and holidays. It is understood that the Union will not abuse
this privilege.
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PASS PROCEDURE
114. None of the department stewards nor representatives of the Union shall
leave their department, except on Company business until they have
notified their xxxxxxx.
ARTICLE XIV - LEAVE OF ABSENCE
GENERAL
115 An employee must receive permission through their supervisor for time
off up to one week. Any time off in excess of one week must be supported
by a leave of absence. It is understood that an employee shall not
deliberately falsify reasons for requesting a leave.
116 The privilege of leave of absence not to exceed (60) days in a year may
be granted to any employee if the application for such leave of absence
is approved by the Company and the Financial Secretary of the Union
prior to the time off requested. The Union will be notified of leaves
approved by the Company. In case of sick leaves and emergencies, prior
approval is not necessary.
117 Extension of a leave of absence may be granted by the Company and the
Financial Secretary of the Union for good cause shown.
118 Leave of absence not to exceed sixty (60) days in a year will be allowed
for up to two (2) employees total at any one time for personal reasons
providing such leaves of absence are approved in advance of the
requested time off by the Company and the Financial Secretary of the
Union.
No employee will receive leave of absence for the purpose of trying
another job.
PUBLIC OFFICE OF UNION POSITION
119 Leave of absence will be granted to an employee elected or appointed to
Public Office or elected or appointed to a Union position with the Local
Lodge, the IAMAW, or such other labor organization as the parties may
mutually agree, upon proper application of the Company. Such leave shall
be granted for a period of one ear, and will be extended from year to
year, but only for the same purpose for which the leave was granted.
120 Notwithstanding the provisions of Paragraph 39, an employee elected or
appointed to Public Office may renew their leave from year to year for a
period equal to their total seniority with the Company, except that they
will not accrue seniority or service beyond a period equal to one-half
their total seniority when they went on leave.
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EDUCATIONAL LEAVE - VETERAN
121 Leave of absence up to eighteen (18) cumulative months of such leave
will be granted upon request to a military service veteran for the
purpose of furthering their education providing they are eligible for
such educational benefits under applicable law and has submitted proof
of enrollment in an institution authorized to conduct such training.
Such leave of absence may be extended at the discretion of the Company
for a period of up to an additional eighteen (18) cumulative months of
such leave subject to the above conditions.
RETURNING FROM LEAVE
122 An employee who returns to work within the leave of absence shall be
reinstated according to their position on the seniority list at their
former rate of pay plus increases or minus decreases that may have
become effective during their absence, provided they give at least three
(3) days notice of their intention to return.
RETURNING FROM SICK LEAVE
123 An employee must present to the HUMAN RESOURCE COORDINATOR,
documentation acceptable to the Company for return from Sick Leave to
full-time work at full capacity or part-time work at limited capacity as
denoted, if warranted by the employee's seniority standing and
qualifications, will be offered an assignment to return effective no
later than the second regular working day following the date of such
presentation of medical approval. Failure to meet such offer deadline
will require the Company to pay the employee a sum equal to the current
sickness and accident daily benefit rate for each regular working day
following the date of presentation of such medical evidence and
continuing until the date such offer of work is made available to the
employee.
PHYSICAL EXAM REQUIREMENT
124 When an employee who is on a leave of absence for medical reasons
(non-industrial) desire to return to work, they may be required to take
and pass a physical examination to prove that they are capable of
performing their regular work or the equivalent thereof.
ARTICLE XV - JOB RATING
125 The Job Rating Committee shall consist of two (2) members of the Union,
and at least two (2) members of the Company. Continuity of experience in
job rating is intended so that proper administration of the plan will
result. When a new job develops, or the requirements of an old job
changes the job content, the job shall first be standardized as to
methods of production, tooling and equipment etc. Within thirty (30)
calendar days after the job is standardized and is functioning
satisfactorily as to quality and quantity, the Job Rating Committee will
rate out the job. The Job Rating Committee will schedule its regular
meeting dates in advance on a monthly frequency. Based on the number and
the urgency of pending ratings, the parties may schedule an interim
meeting by mutual agreement.
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DISAGREEMENT ON RATING
126 In the event of a disagreement between the Company and Union members of
the Job Rating Committee on the job content of a new job or the job
content change of an existing job they will conduct a floor review
within thirty (30) calendar days. If, after the floor review is
completed, a disagreement still exists a grievance will be filed. Any
grievance over a job rating to be considered timely must be filed in
Step 3 of the grievance procedure within thirty (30) calendar days
following the floor review. Any settlement of such a grievance will be
effective on the date of the floor review.
NEWLY CREATED JOB
127 On a newly-created job, no permanent assignment will be made until
thirty (30) days after the date of the Committee's rating or the date
the Company-determined rate is put into affect, whichever is the
earlier. If the employee performing the job has a higher rate than that
put into effect, they may accept the lower rate for the job or, within
the thirty (30) days, decide to return to their previous job. However,
the Company may retain them on the new job at their current rate for a
period of time adequate for training a replacement.
EFFECTIVE DATE - GRIEVANCE
128 Where a job is re-rated and the labor grade is increased, an employee
performing the job will receive the higher rate effective on the date of
the floor review, provided a timely grievance concerning the rating of
the job was presented to the Company and, provided they have completed
the job progression.
129 In the event that the labor grade of a job is to be decreased, the
parties will meet to determine the appropriate means of handling the
situation.
ARTICLE XVI - VACATION
130 The vacation period will run from January 1 through December 31 of each
year during the term of this Agreement. One week of vacation entitlement
may be carried over from one year to the next; however, each year's
vacation may not exceed the annual entitlement plus 1 week carryover and
then only if the employee qualifying for and requesting such
consideration meets the scheduling requirements of Paragraph 135.
Accident and Sickness weekly benefits will not be paid for the same
period as vacation except with advance Company approval.
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VACATION ENTITLEMENT
131 Years of Service
As Of January 1 Vacation Entitlement
------------------- --------------------
1 but less than 5 2 weeks
5 but less than 10 2.5 weeks
10 but less than 12 3 weeks
12 but less than 20 3.5 weeks
20 or more 4 weeks
In the calendar year during which an employee reaches their 5th, 12th,
and 20th anniversary date they shall be entitled to an additional 1/2
week of vacation. With Company approval, said week may be taken up to
one month prior to the employee's anniversary date.
WORK REQUIREMENTS
132 In order for an employee to qualify for a vacation in any vacation
period they must have worked at least six (6) months during the previous
vacation period. For the purpose only of calculating such work
requirements, time lost from work due to a compensable work-related
injury during the vacation period in which the injury occurs, will be
considered as time worked.
An employee who has worked for the Company less than one year prior to
January 1 of a given year shall, upon reaching their first anniversary
date, become entitled to a two (2) week vacation during such year
provided they have worked at least six (6) of the twelve (12) months
preceding their first anniversary date. In the event that such
employee's anniversary date falls between December 15 and December 31
their vacation may, with Company approval, be scheduled to commence up
to two (2) weeks prior to their first anniversary date.
IF WORK REQUIREMENTS NOT MET
133 An employee who, as of the beginning of a vacation period has one (1) or
more years' service and has worked during the preceding year but does
not meet the six (6) months' work requirement set forth in marginal
Paragraph 132 above shall not be entitled to a vacation during said
vacation period. they shall, instead, receive an in-lieu-of vacation
payment based upon the following formula:
# of Straight Time
Years of Service Earnings During Preceding
As Of January 1 Year
---------------- --------------------------
1 but less than 5 4%
5 but less than 10 5%
10 but less than 12 6%
12 but less than 20 7%
20 or more 8%
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VACATION PAY
134 An employee will be paid prior to their vacation of one week or more for
the appropriate number of hours to be taken at this regular rate subject
to the above requirements and appropriate advance scheduling. In order
to receive vacation pay in advance of their vacation, notification must
be received by the Company before 9:00 a.m. of the second Thursday which
precedes the week in which their vacation is to be taken.
SCHEDULING PROCEDURE
135 The procedure to be followed in scheduling vacations shall include
the following:
1. The number of weeks of vacation eligibility is determined for each
department.
2. Based on this number, the vacation quota(s) are established for the
departments. The Company follows the policy of allowing vacation
weeks to be taken between January 1 and December 31.
3. During October of each year, employees are asked their vacation
preference for the coming vacation year. The principle of seniority
in asking vacation preference is followed within each department
and shift, insofar as possible.
4. At Company option, operations may be shut down for vacation for up
to four (4) working days each year and vacation pay will be given
to employees who elect to take such time as vacation. Such days
must be scheduled in conjunction with Christmas, and/or New Year's
Day, and/or July 4 holidays.
5. An employee may take a day at a time vacation up to their full
entitlement of such vacation.
6. Three existing days of current vacation can be taken in 1/2 day
increments . . . not to be coupled with personal business.
7. Regular vacations plus day-at-a-time vacations on the last regular
work day prior to and the first regular work day after a holiday(s)
and the Friday prior to deer season cannot exceed the department or
shift group established quota plus 50%.
8. Requests for day-at-a-time vacations should be made PRIOR TO THE
START OF THEIR SHIFT ON THE DAY REQUESTED. If an employee is sick
and calls in on time, they may specify that day as a day of
vacation to a maximum of their full entitlement.
9. The use of day-at-a-time vacation cannot disrupt production
operations.
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PAY IN LIEU OF VACATION
136 An employee who is quitting or retiring will be entitled to pro-rate
vacation pay based on the appropriate percentage for their length of
service for all regular straight time earnings from the beginning of the
vacation period until their termination if they satisfy the work
requirements listed in Paragraph 134 and if they gives the Company at
least five (5) working days notice of their intention to quit or retire.
Payment in lieu of vacation may be made to any employee for a vacation
not taken by the individual, if they are eligible for a vacation in
accordance with the above paragraphs, but has not actually worked ten
(10) months during the qualifying period. Upon an employee's death,
their beneficiary, as shown in the Group Life Insurance Record, will be
entitled to pro-rate vacation pay based on the appropriate percentage
for the employee's length of service for all regular straight-time
earnings from the beginning of the vacation period until their death.
RETURN FROM MILITARY SERVICE
137 When an employee returns to work from a duly authorized leave of absence
to the armed services, their vacation rights will be determined as
follows:
1. If the employee returns to work between January 1st and June 30th
inclusive, they shall be entitled to full vacation rights for the
vacation period in which they return and must take their vacation.
2. If the employee returns to work between July 1st and December 31st
inclusive, they shall be depending upon their years of service,
entitled to 4%, 5%, 6%, or 8% of their regular straight time hourly
earnings between July 1st and December 31st in lieu of a vacation
for the vacation year during which they return.
3. All time spent in the armed services which is supported by a duly
authorized leave of absence shall be considered the same as work
time for computing vacation rights for the vacation period which
follows the vacation period during which the employee returns to
work.
ARTICLE XVII - WAGES
NEW HIRE RATE AND PROGRESSION
138 The new hire rate shall be in accordance with the Wage Rate Schedule
below; but, after consultation with the Shop Committee, the Company
may employ applicants with significant experience at a higher rate
than the new hire rate. Upon attaining seniority, an employee shall
receive a seniority rate in accordance with the annual rate schedules
following this paragraph, (unless they were employed at a higher rate)
and be assigned a home department. The rate increases for 12 months,
24 months, etc., shown on the rate schedules below shall become
effective once the employee in question has actually worked 52
calendar weeks, 104 calendar weeks, etc. on the job in question.
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WAGES
139 SICKNESS AND ACCIDENT (S&A)
SHORT TERM DISABILITY
Benefits to be paid at 43.75% of the base rate with a minimum
benefit rate of $225.00 and a maximum benefit rate of $275.00.
The above rates to be applied at all steps of the progression rates in
the wage schedule.
LONG TERM DISABILITY
Long-term Disability benefits will be paid at 60% of employee's monthly
base wage upon completion of the benefit waiting period. The benefit
waiting period will be 180 days of continuous disability. A period of
disability will be considered continuous even if the employee returns to
work for up to a total of 30 days during the benefit waiting period. The
benefit waiting period will be extended by the number of days the
employee temporarily returned to work.
Long-term Disability benefits will continue until the earlier of the
following dates: date the employee ceases to be disabled; or the date of
the employee's 65th birthday.
140 Effective February 8, 1998, the Company will increase all levels of the
progression rates for each job .40/hr for each of the 3 years of the
Labor Agreement per the effective date of the Contract.
401K SAVINGS PLAN
141 401K match in Chart Stock will be based on the following EBIT level
progression up to the first 6% of employee's base wage. Minimum EBIT
for Company match is "0" EBIT.
0 - $1,999,999 EBIT (25%) of 1st 6% saved
$2,000,000 EBIT and over (50%) of 1st 6% saved
Base Wages
The 401K match will be made on the employee's annual base wage except
for exclusions noted in subparagraph 6, paragraph 142 - Compensation
Excluded for Profit Sharing and 401K Match.
PROFIT SHARING
142 Profit sharing for the ALTEC personnel shall be on the following basis,
for 1998 - 2000.
1. 10% common pool for all ALTEC employees.
2. Minimum EBIT for profit sharing.
2,000,000 each year for the duration of the agreement
DISTRIBUTION OF EBIT PROFIT SHARING POOL
1. The profit sharing distribution will be made as a % of individual
annual base wages except for exclusions noted in sub-paragraph 6.
The base wage distribution % is determined as follows;
Base Wage Profit Sharing % = EBIT Pool $
--------------------------
Total ALTEC Annual
Base Wage Payroll
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2. Actual distribution will occur in August of the current year and
February of the following year for current year profit sharing. The
August distribution will be 50% of the estimated common EBIT profit
sharing pool based on mid-year EBIT. The reason for a reduced
distribution at mid-year is to allow for possible variations in
profit in the last half of the year.
Profit sharing will be a 100% distribution of the Common EBIT Pool
as a % of base wage.
3. The Profit Sharing Payment Schedule will be as follows;
1998 Pool $ August 1998 February 1999
1999 Pool $ August 1999 February 2000
2000 Pool $ August 2000 February 2001
COMPENSATION BASIS FOR PROFIT SHARING
4. PARTIAL YEAR DISTRIBUTION
It is agreed that those individuals who retired during a current
year would receive a pro-rata distribution based on that current
year's base wages earned. The same will also apply to individuals
who left the hourly work force during the duration of this
agreement. For employees terminated for disciplinary reasons, no
pro-rata distribution will be made.
PROBATIONARY EMPLOYEES
5. Probationary employees will be paid profit sharing on a pro-rata
basis for base wages earned in a given year. Payment will be made
after the probationary employee achieves seniority.
Determination of base wages will be based on wages from the start
date.
COMPENSATION EXCLUDED FOR PROFIT SHARING AND 401K MATCH
6. Compensation excluded from the wage base for purposes of
calculating profit sharing and 401k Match are:
Overtime
Service Trip Premium
S&A Benefits
Worker's Compensation
Profit Sharing
All other compensation is included in the wage base for determination of
profit sharing AND 401k Match.
SHIFT PREMIUMS
143. The second shift shall receive twenty-seven ($.27) cents per hour over
the day shift and the third shift shall receive thirty-two ($.32) cents
per hour over the day shift.
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APPRENTICESHIP PROGRAM
144 The Apprenticeship Committee shall consist of two from the Company and
two from the Union.
One representative of the Union will be from the Apprenticeship category
required, the second representative shall be the Local Lodge President
or a designated appointee.
Before any changes are implemented in the Apprenticeship Program, the
Company and the Union Shop Committee will discuss such change.
ARTICLE XVIII - CHECK-OFF
145 Upon receipt of a signed authorization of the employee involved, the
Company shall deduct from the employee's pay the initiation fee and
regular monthly dues payable by them to the Union during the period
provided for in said authorization. The amount will be certified by the
Financial Secretary of the Local Lodge.
146 Deductions shall be made on account of the initiation fee and regular
monthly dues payable from the first paycheck of the employee after
receipt of the authorization and monthly thereafter from the second
paycheck of the employee in each month.
147 Deductions provided in Paragraphs 145 and 146 shall be remitted to the
Financial Secretary of the Union no later than the fifth (5th) day
following the deduction and shall include all amounts due and those dues
not deducted in the previous month. The Company shall furnish the
Financial Secretary of the Union, monthly, with an alphabetical record
of those for whom deductions have been made and the amounts of the
deduction.
148 The parties agree that check-off authorizations shall be in the
following form:
149 "Name of Employee _________________________________________
Dept. No. ____________________________
Clock No. ____________________________
Date _________________________________
I hereby authorize and direct the Company to deduct from my pay
beginning with the current month, the initiation fee and regular monthly
membership dues in the IAMAW.
I submit this authorization with the understanding that it will be
effective and irrevocable for a period of one (1) year from this date,
or up to the termination date of the current collective bargaining
agreement between the Company and the IAMAW, whichever occurs sooner.
32
This authorization shall continue in full force and effect for yearly
periods beyond the irrevocable period set forth above unless revoked by
me within fifteen (15) days prior to the end of any such period. I shall
also have the right to revoke this authorization at any time within a
period of fifteen (15) days prior to the termination date of any
collective bargaining agreement between the Company and the Union if
such termination shall occur within one of the aforenoted yearly
periods. Such revocation shall be effected by written notice, sent by
Registered Mail, Return Receipt Requested, to the Company and the Union
within such fifteen (15) day period.
Signature: _____________________________________________________".
150 The Union agrees to indemnify and save the Company harmless against any
and all claims, demands, suits or other forms of liability that may
arise out of, or by reason of, action taken or not taken by the Company
in complying with the provisions of this Article, in reliance upon the
Check-Off Authorizations which have been furnished it.
ARTICLE XIX
CLAUSES RELATING TO PENSION PLAN
SECTION I: ALTEC PENSION PLAN
151 Subject to the provisions of Section 4 of this Article, and unless the
parties otherwise agree, the Pension Plan for Hourly Rated Employees of
ALTEC International (hereinafter referred to as the "Pension Plan")
which was effective January 4, 1986, will continue to be maintained
pursuant to the terms of the Pension Plan, except that the Pension Plan
will be frozen and no further contributions shall be made to the Pension
Plan after March 31, 1998. The Company may continue to make such changes
in the Pension Plan as, in the opinion of the Company, are required for
compliance with the Employer Retirement Income Security Act of 1974, as
amended, and any rules and regulations promulgated thereunder
(hereinafter collectively referred to as the "Act"), provided that if
any such changes diminish benefits under the Pension Plan, the Company
shall attempt to minimize such effect.
To be effective, written notice of proposed change(s) must be served by
one party upon the other no less than sixty (60) days prior to any
modification or change in the Pension Plan, except such as may be
required to conform with the Act or Section 401(a) of the Internal
Revenue Code of 1954, shall be prospective in its application and shall
be made effective as of the date on which agreement with respect to such
modification or change is reached by the Company and the Union.
SECTION II: FUNDING OF BENEFITS
153 The Company will continue to make contributions to the ALTEC Pension
Plan to fund obligations for past service credit.
154 Neither the Company nor the Union, except under the conditions specified
in Paragraph 151 of this section, shall demand any change in the Pension
Plan nor shall either be requested to bargain with respect to any change
in the Pension Plan, nor during the term of the Pension Plan, nor shall
any modification, alteration, or amendment of said Pension Plan, be an
objective of, or reason for, any strike or lockout or other exercise of
economic force or threat by either the Union or the Company.
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SECTION 3: AGREEMENT RETIREMENT DATE
155 The normal retirement date of each employee will be the first day of the
month following the month in which the employee's 65th birthday occurs.
An employee who retires after their normal retirement date shall receive
a retirement pension, payable commencing at their actual retirement
date, consisting of the following:
1. An amount determined as if they had retired on their normal
retirement date; plus
2. For service accrued after their normal retirement date, an amount
determined in accordance with the respective benefit rates in
effect for each year or portion thereof in which such service was
accrued.
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OTHER
156 RETIREMENT DEATH BENEFIT
For those employees retiring after February 4, 1995, the retiree death
benefit is $4,000.
157 MEDICARE PLAN "B" SUPPLEMENT
Actual cost up to a maximum of $50.00/month, life of agreement
158 IAM NATIONAL PENSION FUND - NATIONAL PENSION PLAN
A. The Employer shall contribute to the I.A.M. National Pension Fund,
National Pension Plan as shown below for each hour for which
employees in all job classifications covered by this Agreement are
entitled to receive pay under this Agreement as follows:
$.45 per hour effective February 8, 1998
$.45 per hour effective February 7, 1999
$.50 per hour effective February 6, 2000
B. The Employer shall continue contributions based on a forty (40)
hour work week while an employee is off work and being compensated
for any such time by the employer.
C. Contributions for a full-time employee are payable from the first
day of employment.
D. The I.A.M. Lodge and the Employer adopt and agree to be bound by,
and hereby assent to, the Trust Agreement, dated May 1, 1960, as
amended, creating the I.A.M. National Pension Fund and the Plan
rules adopted by the Trustees of the I.A.M. National Pension Fund
in establishing and administering the foregoing Plan pursuant to
the said Trust Agreement, as currently in effect and as the Trust
and Plan may be amended from time to time.
E. The parties acknowledge that the Trustees of the I.A.M. National
Pension Fund may terminate the participation of the employees and
the Employer in the Plan if the successor collective bargaining
agreement fails to renew the provisions of this pension Article or
reduces the Contribution Rate. The parties may increase the
Contribution Rate and/or add job classifications or categories of
hours for which contributions are payable.
F. This Article contains the entire agreement between the parties
regarding pensions and retirement under this Plan and any contrary
provision in this Agreement shall be void. No oral or written
modification of this Agreement shall be binding upon the Trustees
of the I.A.M. National Pension Fund. No grievance procedure,
settlement or arbitration decision with respect to the obligation
to contribute shall be binding upon the Trustees of the said
Pension Fund.
HEALTH INSURANCE (HEALTH AND DENTAL INSURANCE)
159 The Company will offer individuals retiring after December 21, 1990, the
opportunity to participate in the ALTEC International Health Care Plan
for an additional 18 months beyond the 18 month period allowed by COBRA
(Consolidated Omnibus Budget Reconciliation Act), by paying 100% of the
premium cost for coverage of similarly situated individuals. The applies
to individuals retiring at age 62 or later. This offer is effective from
December 21, 1990 through February 3, 2001 on a non-precedent setting
basis. Actual cost of this plan may change on a year-to-year basis as
determined by the health care provider. This provision is no longer
applicable when an individual reaches age 65 or is eligible for
Medicare.
Cost experience and impact of this group on Health Insurance costs is to
be followed.
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SECTION 4: EFFECTIVE DATE
160 Any modification agreed upon between the parties under Section 1,
Paragraph 153 of this Article , resulting from negotiations commenced as
a result of the sixty (60) day notice referred to therein shall take
effect on the day after the Pension Plan expiration date which was in
effect at the time the sixty (60) day notice was given.
ARTICLE XX - INSURANCE
BOOKLET
161 The new Health Insurance Booklet will be distributed to the
membership within three (3) months of the policy effective date.
INSURANCE COMMITTEE
162 The insurance committee shall consist of one (1) representative of
the Company and one (1) representative of the Union.
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DUTIES OF INSURANCE COMMITTEE
163 1. The insurance committee shall meet every six (6) months and the
agenda shall be established prior to the date of the meeting. A
representative of the insurance carrier shall be asked to attend
the meetings.
2. The insurance committee shall be authorized to review all financial
aspects of the insurance plan and be furnished complete expenditure
and benefit data.
3. Members of the insurance committee shall be authorized to inquire
on the status of any claim submitted by any member of the Union.
GENERAL
164 1. The group insurance coverage will terminate on February 3, 2001.
2. There shall be no modification in the benefits provided under the
insurance plans during the policy term except as mutually agreed by
the parties or required by law. Any dividend paid on the insurance
policy shall be paid in full to the Company.
3. In the event the insurance carrier does not pay full benefit as
prescribed in the master policy without justifiable reasons, ALTEC
International shall further process the claim on behalf of the
employee with the insurance carrier.
4. Should alternate company health insurance plans become available,
the Company and Union will meet to discuss the opportunity to
participate in such plans.
5. The Company and Union agree that the Section 125 Plan is in
effect for the duration of this agreement.
HEALTH AND DENTAL INSURANCE COST SHARING
1. CHART BASIC
Employee shares 10% of future premium increases or decreases for
life of agreement.
2. CHART PLUS
Employee shares 20% of future premium increases or decreases for
life of agreement.
3. GLHP PLUS (HMO)
Employee shares 30% of premium increases or decreases for life of
agreement.
$10/office visit payment.
$450/$150 deductible will apply to hospitalization.
4. GLHP BASIC HMO
Employee shares 30% of premium increases or decreases for life of
agreement.
5. XXXXXXXXX LUTHERAN HMO
Employee shares 30% of premium increases or decreases for life of
agreement.
37
4. Employees who can provide proof of other medical plan coverage may
opt out of Chart plans or HMO and receive a payment during the
course of the plan year. The payment may be taken as either cash,
which is taxable, or placed on a pre-tax basis in a flexible
spending account in the employee's name. The payment for each year
is as follows:
1st Year - $1,000.00
2nd Year - $1,000.00
3rd Year - $1,000.00
Payout will occur on a monthly basis (Ex: 12 mos X $83.34 =
$1,000.08)
5. DENTAL
Employee shares 20% of future premium increases or decreases for
life of the agreement.
6. LIFE INSURANCE
For the life of the agreement employees will be insured to a
minimum of $23,000 or a maximum of one times annual base wage,
whichever is greater.
Employees may purchase up to three times base wage (minimum
$23,000)
ARTICLE XXI - COMPANY OWNED TOOLS
165 In an effort to provide safer and more effective production equipment,
the Company and the Union, do hereby agree to the following:
The Company shall loan to each employee, at no cost to him, a set of
tools and tool container with lock (where needed) adequate for the
proper and efficient performance of their duties subject to the
following conditions:
1. The Company shall determine what tools are required for each job,
and shall list against each job the normal tools required for it.
Any tools which are to be required at the worker's expense shall be
listed accordingly.
2. The Company shall replace worn tools which are broken through
normal use at no cost to the worker.
3. The Company shall indelibly mark each tool and tool container so
that it may be identified to the individual worker.
4. The Company shall, through its xxxxxxx, make such inspections of
the tools and tool containers used by each worker as may be
required. All inspections of the tools and tool containers shall be
done in the presence of the employee to whom they are charged. No
tool container shall be opened during the absence of the employee
to whom they are charged. When inspection is being made in search
of a missing tool, it shall be done in the presence of an
authorized Union xxxxxxx.
5. Each worker shall maintain a complete set of tools at all times and
shall report any and all tools or tool containers missing, lost, or
stolen from their set to their supervisor for replacement
immediately.
38
6. Each worker shall reimburse the Company for replacement of Company
tools or tool containers lost or stolen while charged to him. If
payment is not made in cash to the crib clerk, the amount for which
the worker is charged shall be deducted from their paycheck. If the
cost is more than three dollars ($3.00), deduction can be made from
more than one paycheck. If the missing, lost or stolen tool is
recovered in good condition, suitable adjustment shall be made to
the worker. In the event that a tool box equipped with tools is
missing, lost or stolen, the Company will be responsible for the
cost of such equipped tool box.
7. A worker shall only use personally owned tools when authorized by
their xxxxxxx.
8. Any improperly identified tools found in a worker's possession
shall be removed and placed in the tool crib.
9. Any tools or tool containers with identification markings found in
any improper area shall be returned to the worker to whom they are
then charged.
166 Any employee leaving the employ of the Company shall satisfy their
tool account before receiving their final pay.
SAFETY CREED
167 "One must not believe the SAFETY begins with your fellow employees, it
begins with YOU! The Safety Program can do everything possible to
protect you and your fellow
employees, but if YOU disregard SAFETY, you not only endanger yourself,
but those
around you. SAFETY must be practiced twenty-four hours a day, as an
accident requires less than one second to happen. That "second" may mean
a costly and permanent injury to yourself or to a fellow employee, which
you will think about
for the rest of your life. It is far easier to live with SAFETY than
the results of a careless "accident".
ARTICLE XXII - ACCIDENT PREVENTION
SAFETY COMMITTEE
168 The Safety Committee shall consist of the Shop Chairman department
stewards, xxxxxxx, Production Manager and Manufacturing Engineering
Manager of their designated representative and any other individuals
deemed appropriate.
39
FUNCTION OF SAFETY ORGANIZATION
169 The function of the Safety Committee shall be to cooperate in reducing
accidents by:
1. Reporting of hazards and unsafe practices from their respective
departments.
2. Bringing about the cooperation of all employees both Union and
Management to carry out the safety program.
SAFETY PROBLEMS
170 If a safety problem arises in the department, the xxxxxxx will call it
to the attention of the xxxxxxx. Should the safety problem still not be
solved within a reasonable period of time, the xxxxxxx may call the shop
Chairman to investigate the problem. The Shop Chairman may discuss the
problem with the Production Manager. If the problem still exists, it
shall be placed on the agenda of the next regular Safety Committee
meeting. If the problem exists following consideration by the Safety
Committee, the Union may call in an outside expert to review the problem
and discuss it with the Shop committee and the Company with the
objective of obtaining a mutually satisfactory solution.
SAFETY COMMITTEE
171 The duties of the Safety Committee shall be:
1. To meet at least once during each month to consider and, if
appropriate, implement safety recommendations of the Safety
Committee or others.
2. To participate on inspection teams that will make quarterly
inspection tours of the plant during the first full week of each
quarter. the inspection team will consist of members of the Safety
Committee or designated representatives.
3. To investigate reports of hazards and unsafe practices and effect
correction. Reports made by the inspection team and any other
reports from the Safety Committee will be reviewed at the monthly
safety meeting and any unsafe conditions or practices will be
called to the attention of the supervisor of the department
involved. Every reasonable effort will be made to have the unsafe
condition or practice corrected promptly.
4. Upon the request of the Shop Chairman or their designated
representative where evidence exists that a chemical or substance
to which an employee is exposed in the workplace may be toxic and
hazardous, the Company will provide the Union and the employee with
the Company's safety data sheets or their equivalent, including
information about any available remedies and antidotes for such
materials.
40
5. In case of a serious injury to an employee, the department xxxxxxx
will be notified promptly so that they can investigate the
accident.
6. In the event of a disagreement as to the liability of the Company
in the case of an injury of an employee, the Manager of Operations
will, upon request, review the pertinent facts of the case with the
Shop Chairman. The Company agrees to pay for the time lost by the
Shop Chairman from regular working hours for such review with the
understanding that this privilege will not be abused. No such
review will be made if the case is given to an attorney.
7. The Safety Xxxxxxx will be permitted to carry out their duties
relating to safety and health.
8. The Safety Committee is responsible for making proper decisions on
Safety, consistent with established safety practices.
9. The Company will be responsible for any and all discipline resulting
from any safety violation.
SAFETY COOPERATION
172 The Safety Committee realizes that a safe plant is an efficient one and
will devote its energies to this accomplishment. In order to carry out
this program, the Safety Committee will need 100% cooperation of all
employees of ALTEC International. The committee encourages the making of
suggestions.
The Union and employees agree that they will cooperate in promoting
safety and health programs and will comply with all safety rules and
regulations and to use safety equipment as required by OSHA and the
Company.
SELECTION OF COMMITTEE
173 The Company and Union Safety Committee representatives will be chosen by
the Production Manager and Shop Chairman respectively, and will serve
for a period of one year. Stewards selected will serve the full period
whether or not they continue as stewards for the full term. A
replacement who fills a vacancy shall serve out the balance of the term
of their predecessor and may serve the next full term, if selected.
SAFETY CODES
174 The purpose of these safety rules is to protect the employees as they
work and ensure that they work safely. By following these rules, they
should avoid injury to themselves or fellow employees. Strict
enforcement of these safety rules will materially reduce the possibility
that someone else will commit an unsafe act which could endanger them.
41
1. The work place is to be keep clean and orderly.
2. The Safety equipment prescribed for any particular job shall
be used in a proper manner at all times.
3. Safety glasses and/or approved eye protection are to be worn
as prescribed, in all designated areas.
4. Rings, bracelets, wrist watches, loose garments or neckties
should not be worn while operating a machine. Long sleeves and
gloves may be worn for those jobs where it is appropriate.
5. Safety shoes are required by all employees on the shop floor.
Safety shoes worn must comply with all current American
National Standard Codes (A.N.S.I. Z41-1991 Directive) and
O.S.H.A. guidelines that are in effect.
6. Complete instructions and permission must be obtained from a
supervisor before operating any machine which an individual
does not normally operate. All safety guards on machines must
be in place and functional.
7. A lock-out on the power switch must be used while performing
any maintenance work on a machine which requires placing any
part of the body into or near its mechanism.
8. Individuals must not reach through or behind a safety guard
while a machine is running.
9. Before cleaning, oiling, or adjusting the moving parts of a
machine, it is mandatory that the machine be completely shut
down and locked out.
10. Cranes must be operated only by individuals familiar with
their operation.
11. Only authorized personnel are permitted to operate industrial
power trucks or power hand trucks. Such authorized personnel
will comply with the General Operating & Safety Rules for
Power Vehicles.
12. Defective or damaged hand tools, mushroomed chisels, punches,
etc., and files without handles are not to be used.
13. Aisles must not be blocked. If at any time anything is placed
in a aisle, it must be moved. If the aisle is to be blocked
for any period of time, the area supervisor will notify the
appropriate personnel.
14. There will be no smoking during the period between the
starting and stopping time of your designated shifts up to and
including overtime worked. Smoking will be allowed during the
employee's designated lunch period outside all ALTEC
buildings.
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15. Compressed air is to be used with caution. Never use
compressed air for cleaning clothing, exposed parts of the
body, or for cooling purposes.
16. Projecting nails in boxes, boards, or barrels, which are
exposed, are to be bent over or removed. Other dangerous sharp
projections should either be eliminated or protected.
17. Electrical apparatus should be repaired only by authorized
personnel, regardless of how minor the problem seems to be.
The supervisor is to be advised of the condition, they will
secure proper assistance. Electrical cabinets are not to be
used for storage.
18. Lift properly - with the knees and legs, and not the back.
Get help rather than risk a strain.
19. All injuries, no matter how minor, are to be reported promptly
to a supervisor and then to the appropriate medical facility.
20. Horseplay, scuffling, throwing of objects, and running is
unsafe and it is forbidden. This applies to all Company
premises, including the parking lots.
21. Industrial gases are to be stored in a safe manner, in keeping
with standards established for their storage.
22. No employee shall remove, displace or damage any safety device
or safeguard furnished and provided for use in any employment
or place of employment, nor interfere in any way with the use
thereof by any other person, nor shall any such employee
interfere with the use of any method or process adopted for
the protection of any employee in such employment or place of
employment or frequenter of such place of employment, nor fail
or neglect to do every other thing reasonable necessary to
protect the life, health, safety or welfare of such employees
or frequenters. (Extracted in part from the Wisconsin
Industrial Commission statutes and provision).
23. The above safety rules are not meant to be inclusive nor do
they supersede existing plant rules which may imply stricter
measures.
24. No employee shall be disciplined or discharged for refusing to
work on a job if refusal is based on a reasonable claim that
said job is not safe or might unduly endanger the employee's
health and safety.
25. $120.00 per person total, life of contract for the purchase of
safety shoes.
REPORTING VIOLATIONS
175 The reporting of violations will be conducted in the following manner:
the supervisor will make out violation forms in quadruplicate, the
supervisor will retain one (1) copy and send three (3) copies to the
Manager of Operation's office. One completed copy will be sent to the
Union.
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PENALTIES
176 Penalties for the above violations will be as follows:
177 1ST VIOLATION: Violator will be presented with a violation slip, and
instructed in accident prevention and warned against future
violations.
178 2ND VIOLATION: Violator will be presented with a violation slip and
be suspended for a period of five (5) hours.
179 3RD VIOLATION: Violator will be presented with a violation slip and
be suspended for a period of two (2) days.
180 4TH VIOLATION: Violator will be presented with a violation slip and
will be suspended for a period of one (1) week.
181 SUBSEQUENT VIOLATIONS: Violators shall be subject to further
disciplinary action including discharge.
182 The above penalties are based on cumulative violations within any one
year period.
GENERAL SAFETY GUIDES
183 1. Employees are not required or expected to take any risks from
which they cannot protect themselves by care and judgment.
184 2. Employees are not to rely on the watchfulness of others, but
must protect themselves when and where their own safety is
involved.
185 3. In view of the possible effect on safety, no employee shall
change any customary safety method or work without first
consulting the xxxxxxx.
186 4. Learn the location of fire extinguishers in the work area and be
familiar with their use and purpose.
FIRST AID
187 Trained first aid attendants will be provided at the facility. A list of
authorized first aid attendants will be posted in a prominent place near
each first aid office and will be revised as necessary, with a copy to
the Union.
REPORTING INJURIES
188 An employee shall not fail to report an injury immediately to their
supervisor no matter how small it may seem. In case the supervisor is
out of their department, the injured employee shall report the injury to
the department xxxxxxx or designated employee.
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189 If it is necessary for an employee to go to the First Aid Room, they
will notify their supervisor. In case of a injury requiring emergency
attention, the employee should go to the First Aid Room immediately.
190 Medial attention for industrial injuries must be authorized by the
Company prior to receiving attention, except in cases of emergency.
EYE PROTECTION
191 In line with the Company's policy of providing the employee with a safe
place in which to work, the Company will maintain a 100% comprehensive
eye protection program.
The type of eye protection that will be worn, depending on the job or
operation, will be posted. The Company will provide such eye protection
to all employees. In addition, the Company will provide equipment for
protecting the eyes from damage due to grinding, burnishing, arc
welding, etc.
WHEN COMPANY FURNISHES PRESCRIPTION GLASSES
192 In the event it is determined that an employee with seniority needs
corrective lenses in their safety glasses due to near-far vision
problems, the employee will furnish a copy of the prescription and the
Company will pay the cost of the glasses.
193 When it becomes necessary to replace prescription lenses after the first
pair, because of a change in prescription needs, the employee will
furnish a copy of the prescription and the Company will pay the cost of
the lenses.
194 When it is necessary to replace an employee's prescription safety
glasses because they are pitted to such an extent that they are no
longer serviceable, the Company will pay for the cost of the new lenses
if the employee has had the glasses for a period of more than two (2)
years of working time. If the employee has had the glasses for less than
two (2) years of working time, the Company will pay the cost of the new
lenses unless there has been negligence on the part of the employee.
DAMAGED GLASSES
195 Safety glasses damaged without the fault of the employee will be
repaired or replaced at no cost to the employee; however, it will be the
employee's responsibility to maintain the glasses in acceptable
condition and to replace them if they are lost, or if they are damaged
through misuse or improper care.
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GENERAL
196 The Company will maintain adequate facilities for necessary minor repair
of safety glasses. First aid attendants will perform these functions.
197 All prescription safety glasses will be purchased through the Company.
(Any exceptions must be approved by the Production Manager.)
ARTICLE XXIII - MISCELLANEOUS
NON-DISCRIMINATION
198 The Company or the Union shall not discriminate against employees
because of color, race, sex, religious affiliation, nationality, age,
handicap or status as a disabled veteran or Vietnam ear veteran, as
prescribed by applicable state or federal law. Pronouns in the male
gender appearing in this Agreement are intended to include the female
gender.
LIMITATION ON SUPERVISOR DOING BARGAINING UNIT WORK
199 The policy of the Company is to have supervisor perform supervisory
work. supervisor and other non-bargaining unit employees of the Company
shall not perform the work of employees in the bargaining unit other
than for instructive purposes, or in case of emergencies, and when
attempting to eliminate trouble on a job when employees who can
eliminate the trouble or handle the emergency are not readily available,
but the work so performed shall not take away any work from any
employee.
NOTICES TO EMPLOYEES
200 All employees will be sent a notice by mail to their address, as it
appears on the Company records. If it is necessary to contact an
employee by telephone, the message will be given to the person answering
the telephone.
PHYSICAL EXAM AT COMPANY REQUEST
201 An employee will take a physical examination at Company expense upon the
request of the Company. Before an employee is sent for such physical
examination, the Company will inform the Union and discuss the reasons
for the physical examination. The time spent for such an examination
will be paid at the rate of straight time.
WASH UP PERIOD
202 A three (3) minute wash up period before the stopping signal will be
granted for fin press operators and also vacuum furnace operators to the
extent that they have been working with graphite.
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POSTED UNION NOTICES
203 The Shop Committee will submit to the Company all proposed notices
prior to the posting on Company premises.
EDUCATIONAL AID
204 An educational aid program will be made available to members of the
bargaining unit.
CELLULAR MANUFACTURING AND QUALITY IMPROVEMENTS
205 It is agreed between the Company and the Union that the parties will
work together on the implementation of cellular manufacturing and
quality improvement, and will meet whenever necessary to discuss
issues relating to cellular manufacturing and quality improvement.
SUB-CONTRACTING:
206 In cases where competition, schedule or workload require the transfer
of work to outside vendors, the Company will advise the Union of such
need and the reasons for doing such prior to the sub-contracting.
OUT OF TOWN ASSIGNMENTS
207 The Company will inform the Shop Chairman when members of the
bargaining unit have been sent on repair assignments outside La
Crosse. Compensation while on such assignments will be based on the
applicable provisions of the Fair Labor Standard Act and ALTEC
International travel policy.
The ALTEC International policy presently provides that an employee
traveling on Company business outside la Crosse will receive an
additional 20% (or more for certain international trips) added to
their earnings applicable to paid travel time and work performed on
the trip with the exception of authorized time off before and/or
after a trip, travel for purposes of the employee's own training, and
any trip completed within one day.
Employees are considered first shift employees for purposes of
determining normal working and sleeping hours while traveling.
Travel, including time outside normal working hours, will be
compensated according to the ALTEC International travel policy.
ITEMS FOR DISCUSSIONS
208 The Company and Union will discuss the following items should future
conditions warrant;
1. Method for handling National Health Care should it be instituted.
2. Catastrophic economic conditions creating hardships for either party.
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ARTICLE XXIV - STRIKES AND LOCKOUTS
NO STRIKE - NO LOCKOUT
209 Since the procedures set forth in this Agreement provide the means for
peaceable settlement of all differences, disputes, complaints, and
grievances that may arise between the Company and the Union, it is
agreed that, during the term of this Agreement, neither the Union nor
any of its members shall authorize, encourage, or participate in any
strike or slowdown, and that there shall be no lockouts by the Company.
VIOLATION OF CLAUSE
210 In the event of an illegal, unauthorized or uncondoned strike, sit down,
slowdown or interference with the operation by an employee or employees
in violation of this Agreement, the Union will undertake all reasonable
means at its disposal to terminate such action. Employees who
participate in or are responsible for such violation may be discipline
or discharged, and such discipline or discharge shall be subject to the
grievance procedure except as to employees who do not terminate the
violation promptly. The question of whether an employee participated in
or had any responsibility for such violation shall in every case be
subject to the grievance procedure. In the event that the Union, using
immediate action, is unable to induce the employee or employees to
terminate such unauthorized action, the Company will not hold the local
Union or its officers or the International Union or its officers
financially responsible therefor.
ARTICLE XXV
DURATION OF AGREEMENT
211 This Agreement shall remain in full force and effect until 11:59 p.m. on
February 3, 2001, and on a year-to-year basis thereafter unless on or
before December 5, 2000 (or, in the event of a year-to-year extension,
at least sixty (60) days prior to the Agreement expiration date), either
the Company or the Union serves upon the other party a written notice of
its desire to terminate this Agreement and negotiate a succeeding
Agreement.
212 No other agreement can modify the terms of this Agreement unless
entered into as a written amendment or supplement hereto.
213 It is understood that if any of the above articles or article or parts
thereof, are in conflict with federal or state rulings, laws, or
executive orders, such federal or state rulings, laws or executive
orders shall apply.
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Agreed to this ________ day of _________________________, 1998.
ALTEC INTERNATIONAL LOCAL LODGE 2191 OF
DISTRICT LODGE 66 OF THE
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO
/S/ XXXXXXX X. XXXXXX /S/ XXX X'XXXXX
/S/ XXXX X. XXXXXXX /S/ XXXXX X. XXXXXXXXX
/S/ XXXXXXX X. XXXXXXXXXXX /S/ XXXX X. XXXXXX
/S/ XXXXXX X. XXXXX, XX. /S/ XXXXX X. XXXXXX
/S/ XXX X. XXXXXXXX
/S/ XXXX X. XXXXXXX
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