AGREEMENT between Teamsters Local Union No. 549 and Bristol Metals, LLC
between
Teamsters
Local Union No. 549
and
Bristol
Metals, LLC
THIS
AGREEMENT, made and entered into, on this the 5th day
of March, 2010, between BRISTOL
METALS,
LLC., BRISTOL, TENNESSEE, hereinafter referred to as the Company or Employer,
and
TERMSTERS
LOCAS UNION NO. 549, affiliated with INTERNATIONAL BROTHERHOOD
OF
TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter
referred
to as the
Union, agree to be bound by the terms of this Agreement.
1
ARTICLE
I
RECOGNITION
1.1 Pursuant
to certification of the Union by the National Labor Relations Board on October
26, 1967, in Case #5-RC-6115, the Company recognizes the Union as the sole and
exclusive representative for the purpose of collective bargaining
with respect to the rates of pay, wages, hours of employment,
and other conditions of employment for all over-the-road drivers
employed at the Employer’s Bristol, Tennessee location, excluding all other
employees, office clerical employees, professional employees, guards and
supervisors, as defined in the Act.
1.2 This
Agreement applies only to those employees of the Company for whom the Union is
recognized as Agent.
1.3 Recognition
as defined in Section 1 above is conditioned upon continued National Labor
Relations Board certification and recognition will not continue after the Board
has certified the name or names of some other representatives for the purpose of
collective bargaining.
1.4 This
Agreement binds employees represented by the Union.
1.5 Recognition
as the exclusive representative of the Union shall not be construed to prevent
any individual employee or group of employees from conferring with the Company
in accordance with Section 8 (a) (2) of the Act, or from presenting grievances
and having such grievances adjusted in accordance with Section 9 (a) of the
Act. No contract or agreement affecting employees covered by the
Agreement will be entered into between the Company and any employee or group of
employees or representatives that will in any way conflict with or supersede
this Agreement or extension thereof.
2
ARTICLE
II
RIGHTS OF
MANAGEMENT
2.1 The
company retains the sole right to manage its business, including but not limited
to, the right to decide the number and types of motor vehicles to be used, the
method of using and maintaining same, the right to hire, lay off, assign,
transfer and promote employees and to determine the starting and quitting time
and the number of hours to be worked; and all other rights and prerogatives
including those exercised of these rights as are expressly provided in the
Agreement. It is expressly understood between the Company and Union
that the Company retains all rights which it had prior to the execution of this
Agreement, whether exercised or not, except those expressly limited or modified
by the terms of the Agreement.
2.2 The
Company has the exclusive right to hire, suspend, discharge for cause, promote
or transfer employees, and generally to direct the working forces.
2.3 The
Company shall have the right to use a common, contract or other public carrier
or means of transportation, whether by motor vehicle, railroad, aircraft or
water, to transport its products, raw materials or other property as long as the
use of outside carriers does not displace an employee of the unit.
2.4 The
Company reserves the right to make rules for governing the work of the employees
covered by the Agreement, providing such rules do not conflict with or
contravene the provisions of this Agreement.
ARTICLE
III
SENIORITY
3.1 Seniority
shall prevail for the purpose of this Agreement, seniority is defined as the
length continuous service within the bargaining unit as defined in Article
I.
3.2 When
it becomes necessary to reduce the working force, the last employee hired shall
be laid off first, and when the force is again increased, the employees are to
be returned to work in the reverse order in which they are laid off; provided,
however, that in both layoff and recall the employee’s qualifications to drive a
tractor-trailer unit shall govern when the only equipment available for the
senior employee to drive is a tractor-trailer unit.
3
3.3 Seniority
List. The Company shall prepare a seniority list and furnish
copy to the Union showing the seniority standing of each
employee. Such list shall be prepared within thirty (30) days after
the effective date of this Agreement, and shall be revised at annual intervals
thereafter for the duration of the Contract. Such list shall be
posted on bulletin boards within three (3) days after the year above mentioned
and shall remain posted until revised. Within thirty (30) calendar
days after the posting of this seniority lists any employee who questions his
rightful position on that list shall register his objection in writing to the
Company on a form provided for that purpose. After such period the
seniority list shall be considered to be accurate until subsequently
revised. Any employee who does not protest his position on the
seniority list within the aforementioned thirty (30) days shall be considered to
have approved same as posted.
3.4 During
the first 42 calendar days of employment, an employee shall be deemed a
probationary employee, and during such period such employee shall not acquire
seniority under this contract, or be entitled to the other privileges thereof
except the compensation provided for. If such employee is retained
after the 42 calendar days, such employee’s date of seniority shall relate back
to the date of employment.
ARTICLE
IV
EXAMINATION AND
IDENTIFICATION FEES
4.1 Examination. Physical,
mental or other examinations required by a government body or by the Employer as
a condition of employment when first employed or as a condition to continuation
of employment shall promptly complied with by all employees, provided however,
the Employer shall pay for all such examinations. The employer shall
not pay for any time spent in the course of the employee’s examination or
examinations, required or permitted under this Article. The parties
to the Agreement will cooperate in having examinations
expedited. Employees will not be required to take examinations during
their working hours. The Employer reserves the right to select its
own medical examiner or physician, and the Union may, if it believes an
injustice has been done to an employee, have said employee examined at the
Union’s expense. If the two physicians disagree, they shall mutually
agree upon a third physician whose decision shall be final and
binding. The expense of the third physician shall be equally divided
between the employer and the Union. Any employee who fails to pass
any physical, mental, or other examinations required by a government body shall
be immediately suspended. If such employee can be means of medical
treatment or other appropriate action pass such examination within a reasonable
time not to exceed thirty (30) days, his suspension shall terminate, without
loss of seniority. Otherwise, his employment shall be
terminated.
4
ARTICLE
V
MILITARY
CLAUSE
5.1 Employees
of the Company who enter the Armed Forces of the United States shall be entitled
to such re-employment and other rights and privileges as are or may be provided
by the laws of the United States.
ARTICLE
VI
LEAVE OF
ABSENCE
6.1 Any
employee desiring leave of absence from his employment shall secure written
permission from the Company. The maximum leave of absence shall be
for ninety (90) days and may be extended for like periods. Failure to
comply with this provision shall result in complete loss of seniority rights of
the employee involved. Any employee using a leave of absence as a
subterfuge shall forfeit his rights and job. Any employee shall not
accept employment elsewhere when on leave of absence unless agreed to by the
Company.
6.2 Employees
who, after signing of this Agreement, take a leave of absence for the purpose of
accepting employment with the Union or employment in a supervisory capacity with
the Company shall accumulate no further seniority beyond the date of taking the
leave. If an employee who has accepted employment with the Union is
returned to the bargaining unit by the Company within six (6) months from the
beginning of such leave, then in either case, such employee shall resume his
seniority from the date on which it stopped, eliminating the period of time the
employee worked outside of the bargaining unit.
5
6.3 The
Company agrees to grant the necessary time off, without discrimination of loss
of seniority rights and without pay, to any one employee at a time designated by
the Union to attend labor conventions or a labor seminar, providing 24 hours
written notice is given to the Company and the Union, specifying the length of
time off.
6.4 Funeral
Leave. Paid leave of absence of three days, pay compensated at eight
hours per day.
ARTICLE
VII
GRIEVANCE
PROCEDURE
7.1 The
Company shall not require, as a condition of continued employment, that an
employee purchase a truck, tractor, and/or tractor-trailer, or other
equipment.
ARTICLE
VIII
GRIEVANCE
PROCEDURE
8.1 Should
any dispute arise as to the meaning or application of any specified provision of
this Agreement, an xxxxxxx effort shall be made to adjust the dispute by
discussion in successive steps as follows:
1. Between
the aggrieved employee and his immediate supervisor.
2. If
no satisfactory settlement is reached, the grievance shall be reduced to
writing and discussed between the xxxxxxx and the Company
representative.
3. If
not settled, the xxxxxxx shall refer the grievance to the Union representative
who will meet the Company representative to attempt to settle the
grievance.
4. If
representatives of the Company and the Union have exhausted all possibilities
of reaching an agreement and, if the grievance is arbitrable as hereinafter
defined in Article XII, then the grievance may be appealed to arbitration
within fifteen (15) calendar days following the Company’s decision in
Paragraph (3) above and not thereafter.
6
8.2 Time
Limits
1. All grievances must be
asserted within fifteen (15) calendar days followinginception of the matter giving rise
thereto, or within fifteen (15) calendar daysafter returning to Bristol if the matter giving rise to the
grievance occurred away from Bristol or on the day of departure from Bristol, or
they shall be deemed to have been waived except as hereinafter
provided.
2. Grievances and replies
to grievances at any intermediate state shall bedeemed to have been satisfactorily settled if the Union or the
aggrievedemployee does not
process the grievance to the next step within ten (10) calendar days following
the Company’s answer.
8.3
Discharge
and Suspension
1. All grievances
pertaining to discharge must be asserted within seven (7)calendar days from the time of
discharge and shall be filed in step three of thegrievance procedure as herein above defined in 8.1 paragraph
3.
2. The Company shall not
discharge, suspend, or take any other disciplinaryaction as respects any employee without
just cause, but with respect todischarge, suspension, or other disciplinary action, shall give
at least on warning notice of the complaint against such employee in writing to
the employee, by certified mail. Provided, however, that no warning
notice need to be given if the cause of such discharge is: (a) dishonesty, (b)
drinking of or under the influence of alcoholic beverages or using narcotics on
Company property, (c) drinking alcoholic beverages or using narcotics on Company
property, (d) recklessness resulting in serious accident while on duty, (e)
carrying of unauthorized passengers, (f) failing insubordination, (i) other
serious infraction of commonly accepted behavior standards. Warning
notices as herein provided shall not remain in effect for the purposes of the
Article for a period of more than nine (9) months from the date of said warning
notice, provided, however, that such warning notices shall be a part of such
employee’s personnel file and may be taken into account by the Company for
overall evaluation of such employee’s record. All warning notices,
discharges, suspensions or other disciplinary action must be a proper written
notice to the affected employee and the Union.
7
ARTICLE
IX
ARBRITRATION
9.1 The
arbitration procedure hereinafter provided shall extend only to those issues
which are herein below defined arbitrable.
9.2 In
order for a grievance to be arbitrable, it must (1) have been properly and
timely processed through the grievance procedure; (2) genuinely involve the
interpretation or application of a specified provision or provisions of this
Agreement; (3) not rest on any alleged understanding, practice, or other matter
outside the scope of this Agreement; and, (4) not require the arbitrator in
order to rule in favor of the party requesting arbitration, to exceed the scope
of his jurisdiction under this Agreement.
9.3 The
provisions of a grievance procedure, provided for elsewhere in the Agreement, is
not intended to imply nor is any third person to infer that all grievances may
be appealed to arbitration; and the fact that a controversy may be handled under
the grievance procedure shall not preclude either party from raising the
question shall itself be submitted to an arbitrator and his decision on such
issue shall be final and binding. If in favor or arbitrability, the
controversy shall be heard on its merits.
9.4 Within
ten (10) calendar days following the Company’s decision in Paragraph (3) of the
aggrieved party may give written notice to the other party settling forth the
express and specific provisions of this Agreement which are alleged to have been
violated, together with a statement in writing, clearly defining the issue or
issues to be arbitrated, and shall submit a copy of the same to arbitration
under the rules of the Federal Mediation and Conciliation Service, if the
parties have been unable to agree on a mutual choice of arbitrator
otherwise.
8
9.5 The
arbitrator shall have no power to add to, subtract from, or modify any of the
terms of this Agreement or any other Agreement made supplementary hereto,
including the enlargement of or detraction from those rights which are the
express of reserved prerogatives of management at the time of the execution of
the Agreement, it being the intent of the parties that the express and specific
provisions of this Agreement shall govern the entire relationship of the parties
and shall be the sole source of any and all rights or claims which either party
may assert against the other. No policy or practice unilaterally
adopted, followed, continued or discontinued by the Company under its right to
manage its business shall be subject to arbitration under this Agreement unless
in direct conflict with a specific provision of this Agreement or unless the
parties have agreed upon the policy and have adopted it in writing as a part of
this Agreement.
9.6 The
decision of the arbitrator upon the issue so submitted to arbitration shall be
final and binding upon the parties to this Agreement. Expenses and
charges of the arbitrator shall be borne equally by the Company and the
Union.
ARTICLE
X
STRIKES AND
LOCKOUTS
10.1 The
Union agrees not to initiate, promote, finance, encourage, engage, participate
directly or indirectly, in any strike, sit-down, walk out, job action, mass
sickness, picketing, secondary boycotts or any other concerted activities
resulting in interference with the normal conduct of the Company’s business
during the terms of this Agreement, so long as the Company abides by the terms
of this Agreement. The Union shall not be held liable for any damages
unless it has initiated, promoted, financed, encouraged, engaged, participated
directly or indirectly in any of the above mentioned acts.
10.2 In
consideration of the foregoing, the Employer agrees not to cause or permit a
lockout to occur during the term of this Agreement, so long as the Union abides
by the terms of this Agreement.
10.3 It
shall not be a violation of this agreement and it shall not be cause for
discharge or disciplinary action for an employee to refuse to cross a primary
picket line.
9
ARTICLE
XI
LOSS OR
DAMAGE
11.1 Employees
shall not be charged for loss or damage unless proof of negligence is
shown.
ARTICLE
XII
BONDS
12.1 Should
the Employer require the employee to give bond, cash bond will not be
compulsory, and any premium involved shall be paid by the
Employer. If the Employer’s regular boding company refuses to bond
any employee and the employee is able to secure a bond elsewhere within thirty
(30) days from the date Employer notifies him of such refusal, said employee
shall pay the difference in the premium involved, as compared to the premium
paid by the Employer for other employees in the same
classification. Cancellation of a bond after once issued shall be
cause for discharge in case of any of the following:
1. The employee fails to
obtain another bond within thirty (30) days afternotice of cancellation.
2. Failure of the employee
to pay any excess premium thereon: or
3. The cancellation was due
to a proven fraudulent statement by the employeein obtaining the bond.
ARTICLE
XIII
JOB
STEWARDS
13.1 The
employer recognizes the right of the Union to designate from Employer’s
seniority list one job xxxxxxx and one alternate. The authority of
the job xxxxxxx and alternate so designated by the Union shall be limited to,
and shall not exceed the following duties and activities:
10
a.) The investigation and
presentation of grievances in accordance with the provisions of this
Agreement:
b.) The transmission of such
messages and information which shall originate with, and are authorized by the
Local Union or its officers, provided, such messages and
information:
1. Have been reduced to
writing, or
2. If not reduced to
writing, are of routine nature and do not involvework stoppages, slowdown, refusal to handle goods, or any
otherinterference with the
Employer’s business.
ARTICLE
XIV
EMPLOYMENT
14.1 When
the Company needs additional employees, it shall give the Union equal
opportunity with all other sources to provide suitable applicants, but the
Company shall not be required to hire those referred to the Company by the
Union. Notification by telephone to a Union business agent shall be
sufficient notice of the existence of a job opportunity.
ARTICLE
XV
DISPATCHING AWAY FROM
BRISTOL, TENNESSEE
15.1 Drivers
at a terminal other than the Company’s Bristol, Tennessee terminal shall be
dispatched out ahead of domiciled drivers.
ARTICLE
XVI
VACATIONS
16.1 Employees
covered by this Agreement who have worked fifty (50) per cent or more of the
total working days during any twelve (12) month period, shall receive a vacation
with pay for five (5) consecutive working days where they have been employed on
(1) year, then ten (10) consecutive working days where they have been employed
three (3) years and fifteen (15) consecutive working days where they have been
employed ten (10) years or more, and twenty (20) consecutive working days where
they have been employed twenty (20) years or more. For purposes of
vacation eligibility, vacation days will be counted as time worked.
11
In order
to maintain continuity in Company shipping schedules, vacations may be scheduled
for shorter periods, but not less than (5) consecutive working
days. The Company will endeavor to allow vacations as requested by
the employee, but will retain the right of final vacation scheduling in
accordance with operating requirements and employee seniority; however, at least
one employee will be allowed vacation leave in any given week.
Vacations
are not accumulative and must be taken during the employee’s anniversary
years.
It is
understood that during the first (1st)
year of employment an employee must work fifty (50) per cent of the total
working days in order to obtain his vacation and must have been employed for the
full year.
16.2 An
employee entitled to five (5) consecutive working days’ vacation shall receive
pay at his regular hourly rate for fifty (50) hours. An employee
entitled to receive ten (10) consecutive working days’ vacation shall receive
pay at his regular hourly rate for one hundred (100) hours. An
employee entitled to receive fifteen (15) consecutive working days’ vacation
shall receive pay at his regular hourly rate for one hundred fifty (150) hours,
an employee entitled to twenty (20) consecutive working days’ vacation shall
receive pay at his regular rate for two hundred (200) hours.
16.3 An
employee entitled to a vacation shall take time off from Friday to the following
Thursday, with pay as provided in Section 16.2
16.4 If
an employee is scheduled for vacation and is called in for a trip, employee will
be paid actual earned pay in addition to his vacation pay.
ARTICLE
XVII
HOLIDAYS
17.1 The
following named holidays shall be paid for at regular hourly rate for eight (8)
hours in addition to any monies earned by the employee on such holidays: New
Year’s Day, Good Friday, Memorial Day, July 4th,
Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day and
Christmas day. In order to qualify for holiday pay, an employee must
be available for work the scheduled work day immediately preceding or following
the holiday, if the employee is requested to do so and has not exhausted his
permitted hours of work or unless absence is mutually agreed on between the
Company and the Union. If an employee is required to work on a
holiday, he shall be paid at a regular hourly rate for twelve (12)
hours.
12
ARTICLE
XVIII
GROUP INSURANCE AND
PENSION
Group
Insurance
18.1 Bargaining
unit employees will be eligible for whatever insurance programs the Company’s
hourly non-bargaining unit employees are eligible. Details of
Medical, Dental, Life, Accidental Death, and Weekly Insurance plans are
explained in insurance booklets which are available to employees. The
current weekly medical/dental rates for employees, effective as of January 1,
2010 are as follows:
|
MEDICAL
|
MEDCIAL
& DENTAL
|
DENTAL
ONLY
|
|
|
Single
(employee only)
|
$14.19
|
$14.19
|
$1.15
|
|
Employee
+ Children
|
$24.33
|
$25.58
|
$2.77
|
|
Employee
+ Spouse
|
$34.47
|
$35.72
|
$2.77
|
|
Employee
+ Family
|
$40.55
|
$44.37
|
$6.46
|
For years
2010 thru 2014, the percentages used below will be the employee contribution
based on a percentage of actual cost per employee per year
(PEPY). The PEPY will be calculated annually and can go up or
down:
|
2010
|
2011
|
2012
|
2013
|
2014
|
|
|
EE
Only
|
7%
|
8%
|
9%
|
10%
|
10%
|
|
EE
+ Child(ren)
|
12%
|
13%
|
14%
|
15%
|
15%
|
|
EE
+ Spouse
|
17%
|
18%
|
19%
|
20%
|
20%
|
|
EE
+ Family
|
20%
|
21%
|
22%
|
23%
|
25%
|
Pension
18.2 For
information on the Pension Plan, see the general summary plan
description.
13
ARTICLE
XIX
WAGES AND OTHER
COMPENSATION, EQUIPMENT
SAFETY AND DOMICILE AND
PROTECTION RIGHTS
19.1 Rates
of pay during each year of the contract shall be set forth below:
(1) TRACTOR-TRAILERS
|
1st
Year
2010
|
2nd
Year
2011
|
3rd
Year
2012
|
4th
Year
2013
|
5th
Year
2014
|
|
|
Single
Operation
|
.43
xxxx
|
.00
xxxx
|
.00
xxxx
|
.00
xxxx
|
.00
mile
|
|
Double
Xxxxxxxxx
|
.00
xxxx
|
.00
xxxx
|
.00
xxxx
|
.00
mile
|
.56
mile
|
(2) Special
loads requiring permits: $.03 per mile round trip, in addition to
rates specified above.
19.2 The
hourly rate during the term of the contract shall be:
|
1
Year
2010
|
2nd
Year
2011
|
3rd
Year
2012
|
4th
Year
2013
|
5th
Year
2014
|
|
|
Hourly
|
$15.11
|
$16.11
|
$17.11
|
$18.11
|
$19.11
|
19.3 Loading and
Unloading: In the case of delayed time as a result of loading
or unloading, the employee shall be paid the hourly rate of pay as specified
above. In the case of a double operation, both employees shall be
paid at the hourly rate as specified above.
19.4 Breakdown, Impassable
Highways and Lodging: On breakdown, or impassable highways,
employees shall be paid the minimum hourly rate for all time spent on such
delays following notification to the Company or one hour, whichever shall occur
first, but not to exceed more than eight (8) hour period, he shall, in addition,
be furnished clean, comfortable sanitary lodging. The Company will
reimburse the employee $20.00 each day for lodging per day, if the employee
elects to use the sleeper on the truck. If the employee elects to go
to a motel, past practice will prevail. Employees will be paid $21.00
during the term of this contract for meal allowances for each eight (8) hour
period. The Company will furnish and maintain clean linens and
bedding for sleepers. Proof of breakdowns and receipts for lodging
and meals are to be furnished to the Company.
14
19.5 Protection of
Rights: It shall not be a violation of this Agreement and it
shall not be cause for discharge or disciplinary action in the event an employee
within the Bargaining Unit refuses to cross a lawful picket line, unless
authorized by the Union.
19.6 Equipment
Safety: The Company agrees to maintain the equipment used by
the employees within the Bargaining Unit so that it will comply with rules and
regulations of the U.S. Department of Transportation, the Interstate Commerce
Commission, The Laws of the State of Tennessee, and The Laws of other
states through which the equipment passes. It shall not be cause for
disciplinary action or discharge in the event an employee refuses to run unsafe
equipment as defined above. The Company will provide safety shoes if
they are required.
19.7 Change of Domicile of
Equipment: If any over-the-road equipment or replacement
equipment therefore located at Bristol, Tennessee is domiciled by the Company at
another of its locations resulting in the displacement of an employee covered by
this Agreement, then in such event, employees covered by this Agreement shall be
given the opportunity to accept the job of operating such equipment at its new
locations. Such work will continue to be subject to the terms and
conditions of this Agreement for the life thereof.
19.8 If
the Company requires employees to wear uniforms, the Company will furnish said
uniforms. One pair of coveralls will be furnished by the Company to
each driver for use as necessary in loading and unloading and while working on
the rig. The driver will be responsible for cleaning the coveralls
and otherwise taking care of them. If lost or stolen, the coveralls
shall be replaced by the driver. Worn out coveralls shall be replaced
by the Company when turned in to the Company.
19.9 The
Company shall pay the necessary travel expense to return a driver home in event
of severe illness or accident on the road or job site.
19.10 The
Company shall submit a receipt weekly with the paycheck showing what the driver
is paid, i.e. miles, hours, breakdown, meals, sleeper, etc.
15
19.11 Effective
with the date of this Agreement, any over-the-road vehicle purchased or leased
shall be equipped with adequate air conditioning and heating. The
Company shall make every effort to keep the air conditioning and heating in
operable condition, however, a driver may not refuse a trip assignment, going or
returning, because the air conditioning is inoperable.
ARTICLE
XX
CHECK-OFF OF UNION
DUES
20.1 The
Employer agrees to deduct from the pay of all employees on its seniority list
covered by this Agreement, who furnish the Employer written authorization
therefore in the form required by law, dues, initiation fees and uniform
assessments of the Union.
20.2 The
Union shall certify to the Employer in writing each month a list of its members
working for the Employer, who have furnished the Employer the required
authorization, together with an itemized statement of the dues, initiation fees
and uniform assessments owed and to be deducted for such month from the pay
check of such member, and the employer shall deduct such amount from the first
pay check, following the receipt of a certified list, of the members in one lump
sum and within seven (7) days following such deduction remit the same to the
Union.
20.3 The
Employer will recognize authorization for deductions from wages, if in
compliance with state law, to be transmitted to the Local Union or to such other
organizations as the Union may request, if mutually agreed to, and no such
authorization shall be recognized if in violation of state or federal
law. No deduction shall be made which is prohibited by applicable
law. The Union shall indemnify and save the Company harmless against
any and all claims, demands, suits, or other forms of liability that shall arise
out of or by reason of actions taken or not taken by the Company for the purpose
of complying with any of the provisions of this Section, or in reliance on any
list, notice or assignment furnished under of such provisions.
16
ARTICLE
XXI
GENERAL
21.1 The
parties hereto agree that there shall be no Union activities on Company time and
property except that which is specifically provided for in this
Agreement.
21.2 The
Union shall have the right to examine trip reports and other records pertaining
to the computation of the compensation of any employee covered by this
Agreement. Union representatives shall be granted access to the
Company property for the purpose of adjusting grievances and investigation of
working conditions.
21.3 The
Company agrees to cooperate toward the prompt settlement of employee on-the-job
injury claims when such claims are due and owing as required by
law. The Company shall provide Workmen’s Compensation Insurance for
all employees covered by this Agreement in accordance with the Law of
Tennessee.
ARTICLE
XXII
SCOPE OF
AGREEMENT
22.1 This
Agreement constitutes the sole and entire Agreement between the parties hereto
and supersedes any and all prior agreements either oral or
written. It expresses all of the obligations of an restrictions upon
the Company and the Union during its term. The Company and the Union
each expressly acknowledge that the other party has no obligations or duty of
the other party, to bargain collectively with said party pertaining to any term
or condition of employment or any other matter covered or not covered in this
Agreement, during its term, even though such matter may not have been within the
knowledge of contemplation of either party at the date of execution
hereof.
ARTICLE
XXIII
DURATION
23.1 This
Agreement shall become effective at 12:01 a.m. on March 5, 2010 and shall
terminate at midnight on the 4th day
of March, 2015, upon either party giving the other sixty (60) days prior written
notice of its desire to terminate and/or modify this Agreement; otherwise this
Agreement shall remain in effect year to year thereafter unless either party
gives the other the above referenced sixty (60) day notice on the anniversary
date of each preceding year.
17
BRISTOL
METALS,
LLC TEAMSTERS
LOCAL UNION NO. 549
Affiliated with the
International
Brotherhood of Teamsters,
Chauffeurs, Warehousemen
and
Helpers of America
/s/Xxxxxxx X. Xxxxxx /s/ Xxxxx
Xxxxxxxxx
Xxxxxxx
X.
Xxxxxx Xxxxx
Xxxxxxxxx
/s/Xxxxxxx
Xxxxxxx /s/Xxxxx Xxxx
Xxxxxxx
Xxxxxxx Xxxxx Xxxx
18
